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Min 07/27/1959 16 Wichita Falls, Texas Memorial Auditorium Bldg. July 27, 1959 THE STATE OF TEXAS : COUNTY OF WICHITA CITY OF WICHITA FALLS On this the 27 day of July, 1959, the Board of Aldermen of the City of Wichita Falls, Texas, convened in regular meeting, at the regular meeting place, with the following members present, to-wit: K. C. Spell Mayor J. R. Ray ; Roger E. Thoes Milam J. Vaughan Aldermen Joe B. Meissner, Jr., Bill Thacker E. J. Wininger Geo, T. Henderson City Clerk and with the following absent: None, constituting a quorum, at which time the following proceedings were had: Alderman Meissner presented for the consideration of the Board an ordinance and made a motion that it be passed. The motion was seconded by Alderman Wininger. The ordinance was read in full by the City Clerk. The motion carrying with it the passage of the ordinance prevailed by the following vote: AYES; Aldermen Ray, Thoes, Vaughan, Meissner, Thacker and Wininger and Mayor Spell. NAYS: None. The Mayor announced that the ordinance had been passed. The ordinance as passed is as follows: ORDINANCE NO. 1839 BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF WICHITA FAILS, TEXAS, WATERWORKS IMPROVE24MT BONDS, SERIES 19590 IN THE AGGREGATE AMOUNT OF $4,0002000.00; BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH,' AND PROVIDING FOR THE ITY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE REDEMPTION THEREOF AT MATURITY. WHEREAS, heretofore on the 14th day of December, 1954, an election was held in the City of Wichita Falls, Texas, resulting favorably to the issuance of $3,000,000,00 Waterworks Improvement Bonds; and WHEREAS, on the loth day of January, 195% an ordinance was passed by the Board of Eldermen authorising the issuance of $1,700,000.00 of said authorized bonds; anal WHEREAS, heretofore on the llth day of August, 1958, the Board of Aldermen of the City of Wichita Falls, Texas, adopted a resolution calling an election to be held in said City on the 6th day of September, 1958, on-,-the following proposition: "Shall the Board of Aldermen of the City of Wichita Falls, Texas, be authorized to issue the bonds of said City in the sum of $22700,000.00, maturing serially in such installments as may be fixed b the Board of Aldermen, the maximum maturity being not more than Thirty (30}Y years from their date, bearing interest at a rate not to exceed Four and one-half W%) per cent per annum, and to levy a tax sufficient to pay interest as it accrues and principal as it matures on said issue of bonds, for the purpose of constructing water filtration facilities and improving the waterworks system of the City, as authorized by the Constitution and laws of the State of Texas." 3 and WHEREAS, said election was duly and legally held on the day set and a majority of the legally qualified electors, owning taxable property in said City and who had duly rendered the same for taxation, voting at said election, sustained the proposition to issue the bonds hereinafter described by the following vote: 17 "FOR THE ISSUANCE OF WATERWORKS IMPROVEMENT BONDS" 5444 Votes; "AGAINST THE ISSUANCE OF WATERWORKS IMPROVEMENT BONDS" 3880 Votes as is reflected in the election returns heretofore filed with the City Clerk; and WHEREASs it is deemed advisable and to the best interest of the City that the remaining $1s300,000.0O of Waterworks Improvement Bonds voted at the election held on December 14, 1954, and the $2,700,000.00 of Waterworks Improvement Bonds voted at the election held on September 6, 1958, be issued at this time; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 1. That the bonds of said City to be called "City of Wichita Falls, Texas, Waterworks Improvement Bonds, Series 1959", be issued under and by virtue of the Constitution and laws of the State of Texas, and the Charter of said City for the purpose of constructing water filtration facilities and improving and extendin the waterworks system of the Citys in the principal amount of Four Million ($4,000,000.00I Dollars. 2. That said bonds shall be numbered from One (1) to Four Thousand (4,000), both inclusive, of the denomination of One Thousand ($l,000.00) Dollars 'each, aggregating Four Killion( 4,000.,000.00) Dollars. 3. That said bonds shall be dated August 1s 1959, and shall become due and payable serially as follows: BONDS NUMBERS MATURITY DAMES AMOUNTS 1 to 200, both incl., August 1, 1960, $ 200 000.00 201 to 400, " " August 1, 1961, 200..000.00 401 to 600j, " " August 1, 1962, 200$000.00 601 to 800, It " August 1, 1963s 200,000.0O 801 to 1000, " " August 1, 1964, 200,000.00 1001 to 1200j, " " August 1, 1965, 200,000.00 1201 to 14002 " " August 1s 1966, 2000000.00 1401 to 1600, " " August 1� 1967s 200,000.00 1601 to 1800, " " August 1, 1968, 200,9000.00 1801 to 2000s " " August i, 1969, 200s000.00 2001 to 2200, " " August 1, 1970, 200,000.00 2201 to 2400, " " August 1, 1971, 2001,000.00 2401 to 2600s " " August 1, 1972, 200s000.00 2601 to 28000 " " August i, 1973, 2003,000.00 2801 to 3000, " " August 1s 1974s 200,000.00 3001 to 3200, n " August 1, 1975, 200,000.00 3201 to 3400, " " August 1, 1976s 200,000.00 3401 to 3600, " " August 1, 1977, 2000000.00 3601 to 3800, " " August 1, 1978, 2003,000.00 3801 to 4000, " " August i, 1979, 200.,000.00 4. That said bonds shall bear interest at the rates as follows: Bonds Nos. 1 to 1200, both incl., 41 % per annum; Bonds Nos. 1201 to 1800, " " 31 % per annum; Bonds Nos. 1801 to 4000j, r' it 3 3/4 % per annum; payable February 1, 1960, and semi-annually thereafter on August 1st and February 1st of each year. 5. That the principal of and interest on said bonds shall be payable upon presenta- tion and surrender of bond or proper coupon at the First National Bank in Dallas, Dallas, Texas, or, at the option of the holder, at the City National Bank in WichitaFalls, Wichita Falls, Texas, without exchange or collectifn charges to the owner or holder thereof. 6. That each of said bonds and interest coupons shall be executed by the imprinted facsimile signature of the Mayor and countersigned by the imprinted facsimile signature of the City Clerks and the corporate seal of the City of Wichita Falls, Texas, shall be impressed upon each of said bonds. Such facsimile signatures shall have the same effect as manual signatures. 7. The form of said bonds shall be substantially as follows: NO. $1,000.00 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WICHITA CITY OF WICHITA FALLS WATERWORKS IMPROVEMENT BOND The City of Wichita Falls., in the County of Wichitas State of Texas, a municipal corporation duly incorporated under the laws of the State of Texas, for value received 18 hereby promises to pay to the bearer hereof, on the lst day of August, 19 the sum of ONE THOUSAND DOLLARS in lawful money of the United States of America, with interest thereon from date hereof at the rate of (*%) per cent per annum, interest payable February 1, 1960, and semi-annually thereafter on August lst and February lst of each year, both principal and interest payable upon presentation and surrender of bond or proper coupon at the First National Bank in Dallas, Dallas, Texas, or, at the option of the holder, at the City National Bank in Wichita Falls, Wichita Falls, Texas, without exchange or collection charges to the owner or holder hereof, and the City of WichitaFalls.. Texas, is hereby held and firmly bound and its faith and credit and all taxable property in said City are hereby pledged for the prompt payment of the principal of this bond at maturity and the interest thereon as it accrues. This bond is one of a series of Four Thousand (4,000) bonds of like tenor and effect, except as to number, interest rate and maturity, numbered from One (1) to Four Thousand (4,000), both inclusive of the denomination of One Thousand ($1,000.00) Dollars each, aggregating Four Million (14,000,000.00) Dollars, issued for the purpose of constructing water filtration facilities and improving and extending the waterworks system of the City, under and by virtue of the Constitution and laws of the State of Texas and the Charter of said City, and pursuant to an ordinance passed by the Board of Aldermen of the City of Wichita Falls, Texas, which ordinance is duly of record in the minutes of said Board. The date of this bond in conformity with the ordinance above mentioned is August 1, 1959. AND IT IS HEREBY CERTIFIED AND RECITED that the issuance of this bond, and the series of which it is a part, is duly authorized by law and by a vote of the resident, qualified electors who own taxable property in said City and who had ,duly rendered the same for taxation in the City of Wichita Falls, Texas, voting at elections held for that purpose within said City on the 14th day of December, 1954, and September 6, 1958; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this bond, have been properly done and performed and have happened in regular and due time, form and manner qa required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which when collected shall be appropriated exclu- sively to the payment of this bond and the series of which it is a part, and to the payment of the interest coupons hereto annexed as the same shall become due; and that the total in- debtedness of said City of Wichita Falls, Texas, including the entire series of bonds of which this is one, does not exceed any constitutional, statutory or charter limitation. IN WITNESS WHEREOF, the City of Wichita Falls, Texas, by its Board of Aldermen has caused the seal of said City to be impressed hereon and this bond and the annexed coupons to be executed by the facsimile signature of the Mayor and countersigned by the facsimile signature of the City Clerk. COUNTERSIGNED: Mayor,, City of Wichita Falls, Texas City Clerk, City of WichitaFalls, Texas. *(Bonds Nos. 1 to both incl., per annum; Bonds Nos. ,,,!_ to both incl., � per annum; Bonds Nos. to both incl.j �� per annum; Bonds Nos. to , both incl., per annum; Bonds Nos. to both incl., �� per annum;) 8. The form of coupon shall be substantially as follows: NO. A ON THE 1ST DAY OF , 19 The City of Wichita Falls, Texas, will pay to bearer at the First National Bank in Dallas, Dallas, Texas, or, at the option of the holder, at the City National Bank in Wichita Falls, Wichita Falls, Texas, without exchange or collection charges to the owner or holder hereof, the sum of 4 ) Dollars, in lawful money of the United States of America, being months' interest due that day on n0ity-of Wichita Falls, Texas, Waterworks Improvement Bond, Series 1959", dated August 1, 1959, Bond No. City Clerk Mayor 9. Substantially the following certificate shall be printed on the back of eacjr bond: OFFICE OF COMPTROLLER s STATE OF TEXAS : I hereby CERTIFY that there is on file and of record in my office a certificate 19 of the Attorney General of the State of Texas, to the effect that this bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas and the Charter of said City, and that it is a valid and binding obligation upon said City of Wichita Falls, Texas, and said bond has this day been registered by me. WITNESS MY HAND and seal of office at Austin, Texas, r (SEAL) Comptroller of Public Accounts of the State of Texas 10. That a special fund to be designated "City of Wichita Falls, Texas, Waterworks Improvement Bonds, Series 1959 Fund", is hereby created and the proceeds from all taxes collected for and on account of this series of bonds shall be credited to said fund for the purpose of paying the interest as it accrues and to provide a sinking fund for the purpose of paying each installment of principal as it becomes due, and said fund shall be used for no other purpose. For the current year and each year,while any of said bonds, or interest thereon, are outstanding and unpaid, there shall be computed and ascertained, at the time other taxes are levied, the rate of tax based on the latest approved rolls of said City as will be requi- site and sufficient to make, raise and produce in each of said years a fund to pay the interest on said bonds and to provide a sinking fund sufficient to pay the principal as it matures, full allowances being made for delinquencies and costs of collection. A tax at the rate as herein- above determined is hereby ordered to be levied and is hereby levied against all of the taxable property in said City for the current year and each year respectively while any of said bonds, or interest thereon, are outstanding and unpaid, and the said tax each year shall be assessed and collected and placed in the Fund hereby created and the Treasurer shall honor warrants against said fund for the purpose of paying the interest maturing and principal of said bonds and for no other purpose. 11. Be it further ordained that the Mayor shall be authorized to take and have charge of all necessary records pending investigation by the Attorney Generals and shall take and have charge and control of the bonds herein authorized pending their approval by the Attorney General and registration by the Comptroller of Public Accounts. Upon registra- tion of said Bonds, the comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's certificate of registration prescribed herein to be printed on the back of each bond, and the seal of said Comptroller shall be affixed to each of said bonds. 12. That the sale of the bonds herein authorized to Goldman., Sachs & Co. and Associated at a price of par and accrued interest to date of delivery, plus a premium of $2160.00, is hereby confirmed. Delivery of such bonds shall be made to such purchasers as soon as may be after the passage of this ordinance upon payment therefor in accordance with the terms of sale. PASSED AND APPROVED this the 27 day of July, 1959. Moved by Alderman Thacker that the Minutes of the regular meeting held July 13s 1959, be and the same are hereby approved. Motion seconded by Alderman Ray and carried., Moved by Alderman Meissner that the Minutes of the Transit Commission meeting held July l4s 1959, be and the same are hereby approved and ratifieds copy of which is attached hereto and made a part of the records hereof. Motion seconded by Alderman Thacker and carried. In accordance with recommendation of members of theTransit Commissions Mayor K. C. Spell appointed the following named persons as permanent members of the Transit Commission �,- to fill existing vacancies: Walter B. Peltasons as representative of the Retail Merchants Association. Floyd L. Randal as representative of the Down Town Merchants Center. Geo. C. Keller as representative of the Faith Village Shopping Center Mrs Charlsie Leath as representative of the Parker Square Shopping Center J. 0. Lybarger as representative of the Northeast section, bordered on the south by 7th St. and on the West by the Ft.Worth & Denver City Ry Tracks. H. A. Prestage as representative of the northern section., known as Scotland Addn. and bordered on the east by North Scott Ave. and lying north of the Wichita River. Charles A. Gustafson, Jr.as representative of the east central sections bounded on the east by Travis St., the west by Brook Ave. the North by the Wichita River, and south by the WF&S Ry tracks. 20 JimrW Castledine as representative of the central section, bounded on the east by Brook Ave. the west by Grant St, the south by the WF&S Ry tracks and on the north by the Seymour Highway, but including the Inglewood and Patton Additions. L.F.Kubecka as ,representative of the northwest section, bounded on the east by Grant St. the west by the City Limits, the South by Archer St. and Call Field Rd, and the north by the Seymour Highway. Clovis D. Mann as representative of Faith Village. Moved by Alderman Thgeker that the Board of Aldermen does hereby approve and ratify the appointments made by Mayor K. C. Spell of the above and foregoing named persons to serve as permanent members of the Transit Commission. Motion seconded by Alderman Meissner and carried. Moved by Alderman Wininger that the Minutes of the Traffic Commission meeting r held July 16, 1959, be and the same are hereby approved and ratified, copy of which is attached hereto and made a part of ,the records hereof. Motion seconded by Alderman Thoes and carried. Moved by Alderman Thacket_: that the Minutes of the Park Board meeting held June 16, 1959, be and the same are hereby approved and ratified, copy of which is attached hereto and made a part of the records hereof. Motion seconded by Alderman Wininger and carried. In accordance with usual procedure, bids for the sale of $4,000,000.00 in bo$ds were opened by the City Clerk and read aloud by the City Manager. The bids were as follows: man, Golds Sachs & Co. and Associates: Cash Premium $2160.00 August 1, 1960, through August 1, 1965 41 % August 1, 1966 August 1, 1968 3 % August 1, 1969 " August 1, 1979 3-3/4 % Gross Interest Cost $4 594,500.00 Less Premium 2,160.00 Net Interest Cost $1,592,340.00 Effective Interest Rate 3.7912 % John Nuveen & Co., Rauscher, Pierce & Co. Inc. and Associates: Cash Premium $520.00 August 1, 1960, through August, l, 1964 4 1/2% August 1, 1965, n August 1, 1974 3 3/4 % August 1, 1975 " August 1, 1979 3 7/8 % Gross Interest Cost $1,6200000.00 Less Premium 520.00 Net Interest Cost 1,619,480.00 Effective Interest Rate 3.8559% First Southwest Co. Dallas, Tex. et al: Cash Premium $580.00 August 1, 1960, through August 1, 1967 4% August 1, 1968, " August 1, 1973 3 3/4% August 1, 1974: " August 1, 1979 3.80 % Gross Interest Cost $1,603,500.00 Less Premium 580.00 Net Interest Cost 1,602,920.00 Effective Interest Rate 3.81647% Phelps, Fenn & Co.,Hamilton Securities Co. and Associates: Cash Premium #1860.00 August i, 1960, through August 1, 1963 40 August 1, 1964, of August 1, 1967 4 % August 1, 1968, It August 1, 1979 3 3/4% Gross Interest Cost $4 603,000.00 Less Premium 1,860.00 Net Interest Cost 1,601,140.00 Effective Interest Rate 3.832238% Mercantile Trust Co. St. Loins, Mo, at al: Cash Premium - None August 1, 1960, through August 1, 1970, 4 August 1, 1971s " August 1, 1978, 4 % August 1, 1979, 1 % Gross Interest Cost $1,626,000.00 Less Premium a Net Interest Cost 1,626,000.00 Effective Interest Rate 3.871428% 21 Moved by Alderman Meissner that the above Bond bids be and they are hereby referred to Frank Medanich,of First Southwest Co., financial advisors to the City, for tabulation and report back at this meeting. Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - Moved by Alderman Meissner that the Board of Aldermen does hereby accept the recommendation of Frank Medanich, City Financial Advisor, and hereby accepts the bid of Goldman Sachs & Co. and Associates at their bid price for effective interest rate of .ram 3.7912%, more particularly described in Ordinance No. 1839,preceding this motion. Motion seconded by Alderman Vaughan.and carried. Moved by Alderman Vaughan that the Board of Aldermen does hereby authorize payment , to Wichita General Hospital the sum of $9533.01 for charity patients for the month of June, 1959, further, directs the City Clerk to draw a check for the same. Motion seconded by Alderman Thacker and carried. - - - - - - - - - RESOLUTION NO. 363 WHEREAS, the Commander., Sheppard Air Force Base, Texas, has requested permission to erect, operate, and maintain certain vehicular and pedestrian traffic signals, controls, and related devices on the right-of-way of the Burkburnett Road adjacent to Sheppard Air Force Base; and, WHEREAS, the installation and operation of the aforesaid traffic signals, controls, and related devices are in the interest of, and will prove beneficial to, the people of Wichita Falls, Texas; NOWp THEREFORE, BE IT RESOLVED AND DETERKINED THAT the said Commander, Sheppard Air Force Base, Texas, is hereby authorized and empowered to erect, operate and maintain the aforesaid traffic signals, controls, and related devices within the right-of-way of the area above defined at points to be designated and upon conditions to be agreed upon by and between the said Commander, Sheppard Air Force Base, and the City Manager of the City of Wichita Falls, BE IT FURTHER RESOLVED that the Commander, Sheppard Air Force Base, may at any time and for any reason, in his sole discretion., withdraw and remove without expense to the City of Wichita Falls, any, all and every traffic signal, control and device installed by him under authority of this resolution. Nothing herein contained shall be construed to divest the United States Government of any interest in or title to, the said traffic signals, controls and related devices. Moved by Alderman Thacker that Resolution No. 363 be and the same is hereby adopted and passed as read. Motion seconded by AldermanVaughan and carried by the following vote: Yeas: Aldermen Ray, `,yT;ninger, Thoes, Vaughan, Meissner and Thacker. Nays: None. ORDINANCE NO. 1838 AN ORDINANCE AMENDING PARTS OF ORDINANCE NO. 1687, WHICH WAS AN ORDINANCE ESTABLISH- ING THE ELECTRICAL CODE OF THE CITY Ork WICHITA FALLS, AND PROVIDING FOR A MINIMUM OF ONE-HALF (1/2) INCH INTERNAL DIAMETER ON UNDERgUUND CONDUIT; AND PROVIDING FOR USE OF CERTAIN UNDER- GROUND CABLE IN TRAILER COURTS, CITY PARKS, AND.RESIDENTIAL HOME USE AND INSTALLATION OF OUT- SIDE AREA LIGHTS; AND PROVIDING FOR THE USE OF AN ALUMINUM RIGID CONDUIT IN ALL PLACES THAT GALVANIZED RIGID IRON CONDUIT MAY BE USED WITH THE EXCEPTION OF EKBEDDING IN CONRETE, OR DIRECT BURIAL OR THE USE IN MASTPOLES. Moved by Alderman Wininger that Ordinance No. 1838 be and the same is hereby approved and passed as read. Motion seconded by Alderman Meissner, -whereupon the following motion was made: Moved by Alderman Thacker that the newly introduced Ordinance No. 1838 be and the same is hereby amended so as to include trailer courts and city parks. 22 Motion seconded by Alderman Ray and carried by the following vote: Yeas: Aldermen Ray, Wininger, Thoes and Thacker. Nays: Aldermen Vaughan and Meissner. The Ordinance No. 1838 was then put to a vote and carried by the following vote: Yeas: Aldermen Ray, Wininger, Thoes and Thacker. Nays: Aldermen Vaughan and Meissner. ORDINANCE NO. 1840 AN ORDINANCE REPEALING ORDINANCE NO. 1786 WHICH WAS AN ORDINANCE TO PROVIDE FOR PERMITS FOR MILK PRODUCERS AND OUT OF CITY MILK AND ICE CREAM PRODUCERS SELLING PRODUCTS WITHIN THE CITY OF WICHITA FALLS AND AMENDING ORDINANCE NO. 1667 WHICH IS AN ORDINANCE TO REGULATE THE PRODUCERS AND SELLERS OF MILK AND MILK PRODUCTS; TO PROVIDE FOR PERMITS FOR MILK PRODUCERS, MILK HAULERS FOR HIRE; BULK MILK HAULERS; OUT OF CITY MILK AND ICE CREAM PROCESSORS SELLING PRODUCTS WITHIN THE CITY OF WICHITA FALLS, TEXAS; OUT OF CITY ICE CREAM AND/OR ICE CREAM M3% PROCESSORS SELLING PRODUCTS WITHIN THE CITY OF WICHlT , TEXAS, OR ITS POLICE JURISDICTION, FEES CHARGED MILK PROCESSORS; AND TO PROVIDE FOR A YEA,PERMIT FOR MILK PRODUCERS AS WELL AS FOR MILK HAULERS FOR HIRE. Moved by Alderman Wininger that Ordinance No. 1840 be and the same is hereby approved and passed as read. Motion seconded by Alderman Thoes and carried by the following vote: Yeas:. Aldermen Ray, Wininger, Thoes, Vaughan and Meissner. Nays: Alderman Thacker. RESOLUTION NO. 362 A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE FOLLOWING STREET WITHIN THE CITY OF WICHITA FALLS, TEXAS, TOWIT : GRACE STREET FROM THE SOUTH PROPERTY LINE OF TENTH STREET TO THE NORTH PROPERTY LINE OF ELEVENTH STREET; STATING THE NATURE OF SUCH IMPROVEMENTS DIRECTING THE CITY MANAGER TO HAVE PREPARED PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COST OF SUCH IMPROVEMENTS AND SETTING OUT THE MANNER IN WHICH SUCH IMPROVEMENTS ARE TO BE PAID FOR. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, %ERAS: THAT a public necessity exists for the improving of the following public property and streets in the City of WichitaFalls, Texas, as hereinafter provided: Grace Street from the South pro erty line of Tenth (loth) Street, to the North Property line of Eleventh (llth� Street; said portion of said street shall be improved by raising, grading and by installing cement concrete curbs and gutter and storm sewers and drains where necessary, and by paving with one or more of the following types of materials, to-wit: One and one-half inch (1'j") Hot Mix Asphaltic concrete on six inch (611) flexible base. The City Manager is hereby directed to have plans and specifications prepared for such improvements. The City Manager is hereby directed to have estimates of cost of such improvements before the hearing relative hereto is held and before any of such improvements are actually constructed. Payment for such improvements shall be made in the following manner: The abutting property and owners thereof shall pay and shall be assessed for all the most of constructing curbs and gutters in front of such respective property and a part of the remaining cost of such improvements, provided that such part of the costs assessed to the abutting property or the owners thereof shall in no case exceed 90% of the cost of the improve- ments plus the cost of the curb and gutter, it being herein set forth that this resolution is intended to include all their rights, powers and privileges allowed a city under the pro- visions of Article 1105-B, Vernon's Civil Statutes of Texas, and in cases where it is not satisfactorily shown to the Board of Aldermen, of the City of Wichita Falls, Texas, that it will be inequitable to do so$ the proportionate share of each property, or the owners thereof, 23 shall be assessed and borne on the Front Foot Basis, and in any case, where the Board of Aldermen of the City of WichitaFalls, Texas, shall find that such plan or basis would result in injustice or inequality the said Board of Aldermen shall, apportion and assess sueh costs in such proportion and in the manner as it may deem just and equitable, having in view the special benefits in enhanced value to be received by such parcels of property and the owners thereof, the equities of such owners and the adjustments of such apportionment so as to produce a substantial equality of benefits received and burdens imposed. The remaining cost of said improvements against the abutting property and owners thereof shall be paid by the City of Wichita Falls. The amounts to be assessed against and to be paid by the abutting property and the owners thereof in each unit shall be payable in five (5) equal installments, due as follows: First installment shall be due and payable within ten days from and after the com- pletion of the work and acceptance of same by the city, and the remainder shall be paid 1, 2, 3, and 4 years from the date of the completion of the work and acceptance of the same by the City of the improvements in the unit upon which the property abuts, and shall bear interest from the date of such completion acceptance until paid at the rate of six (6%) per cent per annum, payable annually, with provision that if default be made in the payment of any instal- lment promptly as the same matures, then at the option of the holder of any assessment or certificate issued in evidence thereof such default shall mature the entire assessment upon which same is made. Assessments made and levied shall be a first and prior lien and personal liability for principal, interest, reasonable attorney's fees and costs of collection, if any incurred, on the property assessed, superior to all other liens and claims,. except State, County, School District and City Ad Valorem Taxes, and shall be a personal liability and charge against said owners of the property assessed. This resolution shall become effective immediately upon its passage. Moved by Alderman Thacker that Resolution No. 362 be and the same is hereby adopted and passed as read. a . Motion seconded by AldezmanRay and carried by the following vote: Yeas: Aldermen Ray, Wininger, Thoes, Vaughan, Meissner and Thacker. Nays: None. Moved by Alderman Ray that the Board of Aldermen does hereby award the contract to J. B. Allred & Co. for auditing the city books for the fiscal year ending September 30, 1959, for a consideration of $3000.00. Motion seconded by Alderman Thacker and carried. Moved by Alderman Thacker that the claim of Mrs Suzie Sheffield against the City for damages, as alleged by her attorney, Roger W. Crampton, be and the same is hereby referred to City Attorney, Frank Gibson, for investigation. Motion seconded by Alderman Vaughan and carried. Moved by Alderman Thacker, in accordance with request of Steve Marchand, Civil Befense Director, the Board of Aldermen does hereby authorize payment to Joe Adair Electric Co. the sum of $403.52, being 50 percent of the gross bill of $807.04 charged to Civil Defense, c/o Col. Steve Marchand, for wiring in, hooking up, check out and testing four warning sirens on or about October 22, 1958. Motion seconded by:Alderman Meissner and carried. Moved by Alderman Meissner that the Board of Aldermen does hereby authorize pay- ments on both water and sewer main re-imbursement contracts, as follows: c i To University Park Corp. 36.30, due 3-1-59, on water mains in University Park Addn, Y Section A-4, To E. E. Cloer 164.37, being final payment due 8-1-59 on water mains in Wichita Manor. K 24 To Hamilton Investment Co. $1411.92, due 8-1-59 on water mains in 7th Supplemental Addn. to Country Club Estates Addition. C. L. Rogers 604.10, due 8-1-59 on water mains in Riviera Parkway Addn. Blocks 1 & 2. Morningside Estates,Inc. 465.13, being final payment due 8-1-59 on water mains in Harold M. Davis,A.B.C. East Morningside Addition. Constr.Co.,T.H.Gallaway, W.O.Simpson & Mrs L.M. 95.90, due 8-1-59 on sewer mains at 9th & Beverly Drive. Crunk, E. E. Cloer 522.65: due 7-31-59 on sewer mains in Ditto Heights Addn.; further, does hereby direct the City Clerk to draw checks for each of the above stated. Motion seconded by Alderman Vaughan and carried, ' Moved by Alderman Meissner, in accordance with recoamnendation of the City Transit Commission, the application of the Wichita City Lines, Inc. to extend the Barwise route from the intersection of Lucas and Gilbert southward on Gilbert to Sunnyside Lane, westward on Sunnyside Lane to Lucas and northward on Lucas to Hines, and to add one additional daily run to the Barwise route, is hereby approved and granted. Motion seconded by Alderman Vaughan and carried. Moved by Alderman Thoes that the Board of Aldermen does hereby authorize sale of a certain parcel of land out of the J.A.Scott Survey No. 6, Abstract 297, Wichita County, Texas, and more particularly described as follows: t- BEGINNING at a point in the North line of the J.A.Scott Survey No. 5, said point being the common corner between Blocks 33 and 34 of the Denton County School Lands; THENCE West 150' to a point in the North line of the J.A.Scott Survey No. 5; THENCE South 340' to a point in the North shore of Lake Wichita when the lake is at .; F spillway elevation; THENCE in a Northeasterly direction along the north shore line of Lake Wichita to a point South of the place of beginning; THENCE North 225' to the place of,beginning; and containing 1.0 acres of land, more or less; to Pat Carrigan Legion Post No. 120, American Legion of WichitaFalls, Texas, for a considera- tion of $10.00, subject however :,o the following: In the event that the Bat Carrigan Legion Post No. 120, American Legion, of Wichita Falls, Texas, its successors or assigns, or any person, association, corporation, or any type organization claiming title through or by the Pat Carrigan Legion Post No, 120, American Legion of Wichita Falls Texas, should use said land for non-charitable purposes, this conveyance shall become null and void, and the City of WichitaFalls, Texas, shall be entitled to immediate possession of the premises and the improvements thereon. No act of omission on the part of the City of Wichita Falls, Texas, shall be a waiver of the operation or enforcement of this covenant; further, the Board of Aldermen does hereby authorize and empower Mayor K. C. Spell to execute a deed to the said tract of land for and on behalf of the City of Wichita Falls, Texas. Motion seconded by Alderman Ray and carried unanimously. Moved by Alderman Meissner that the Board of Aldermen does hereby authorize the execution of a Release of Paving Lien on Lot 14, Block 12, Original Townsite, Wichita Falls, Texas, previously filed in error; and hereby authorizes and empowers Mayor K. C. Spell to execute a Release for the same for and on behalf of the City of Wichita Falls, Texas. Motion seconded by Alderman Vaughan add carried. / - - - - - - - - - - Alderman Wininger stated a series of mistakes had been made in the reading of the water meter of a customer located at 95 S Beverly, and after correction, a bill for $30.00 was presented which the water user was unable to pay, and since a part of the bill had been paid, the following motion was made: Moved by Alderman Wininger •that the balance of the above stated water consumer's bill be and the same is hereby cancelled. Motion seconded by Alderman Those Yeas: Aldermen Ray and lost by the following vote: , Wininger and Thoes. Nays: Aldermen Vaughan, Meissner and Thacker; Mayor K. C. Spell voting Nay to break the tie. 25 Moved by Alderman Ray that the Board of Aldermen'does hereby authorize the employ- ment of a competent firm of consulting engineers who are not in the construction business, to make a survey and investigate a site in the vicinity of'Scotland, and do this immediately. Motion seconded by Alderman Thoes, whereupon after considerable discussion, both pro and con, the following a:hended motion was made: Moved by Alderman Vaughan that the above and foregoing motion be and the same is hereby amended so as to read: That the Council does hereby direct the City Manager to make necessary contacts leading to the employment of a reliable, sensible, and independent engineering firm to make a survey of four sites, namely, Lake Kickapoo, Scotland, Henrietta and Ringgold, and any other sites that might come to light during the investigation; that such survey be on a fixed fee basis and when a report is made to this Council, such contract with the engineering firm be ended. Motion seconded by Alderman Meissner and carried unanimously. Mr. Walter Nelson came before the Council requesting an oral pledge of the Council for 100 future sewer connections for homes in an area to be developed on a 450 acre plat, from Seymour Circle to the Witcher Property, thereupon the following motion was made: Moved by Alderman Thacker that the Board of Aldermen does hereby express its good intentions to co-operate and provide up to 100 sewer connections for the Addition planned by Walter Nelson et al, near the Seymour Highway. Motion seconded by Alderman Vaughan and carried. The matter of continuing or discontinuing use of a telephone pole for a radio antenna at the residence of Frank Ross, situated at 2962 Cunningham St., again came up for consideration, whereupon the following motion was made: Moved by Alderman Thacker that the telephone pole now being used as a radio antenna by Frank Ross at 2962 Cunningham St. be and the same is hereby permitted to remain intact until such time as the same may be brought up for further action, Motion seconded by Alderman Thoes and carried. A proposed ordinance requiring construction of sidewalks where one building is constructed on any lot or lots abutting on a street in an area not folly developed came on for consideration, whereupon by common consent of the Council, the same was referred to the Planning Board, for drafting of a suitable ordinance for further consideration. Mr. A. V. Ruff, representative of the Park Board, stated the streets in Riverside Cemetery were in bad condition, and requested immediate repairs and paving of the same, whereupon Mayor K. C. Spell appointed Mr. Ruff as Chairman of,a Committee to work with the City Manager, as well as confer with Merrill Blair, who is working on a plan to raise suffi- cient funds for such paving project. Meissner Moved by Alderman 2 that the Board of Aldermen does hereby authorize sale of a part of Lot 20, Block 2, Cannon Park Addition, City of Wichita Falls, Texas, as follgrs: Beginning at the northegst corner of Lot 19, being also the southeast corner of Lot 20, Block 2, Cannon Park Addition; Thence north 36.6 feet; Thence in a southwesterly direction 90.7 feet to a point in the north line of said Lot 19; being also the south line of Lot 20, Thence east along the north line of �tcontaining within these metes and bounds 83.0 feet to the place of beginning; 0.035 acres of land; 't to B. L. Trevathan for a consideration otel��for�and on behalf of the authorize Cityand of Wichita , Mayor K. C. Spell to execute a deed for h Falls, Texas. Motion seconded by Alderman Thoes and carriede 26 Moved by Alderman Thoes, in accordance with past custom of theCouncil, the Board of Aldermen does hereby order a recess during the month of August, and that no Council meetings be held unless by special called meeting. Motion seconded by Alderman Vaughan and carried. Moved by Alderman Ray that the meeting be adjourned. Motion seconded by Alderman Thoes and carried. The Board of Aldermen then adjourned. APPROVED this the 11 day of S 212 t , 1959. 1 �G �- I-iyor Porte ATTEST: �3ty Clerk J i �� �', ,,�"-7� � r�_ �` ,� MINUTES OF THE TRAFFIC CoM ISSION July 16, 1959 Thursday 2:00 p.m. ,. City Council Chambers - Municipal Auditorium MEMBERS PRESENT: T. Herbert Brown E. J. Winninger- City Council Rep. Pat Halverson Advisors: G. H. Kirby Sgt. B. Rinehart- Police Dept. J. Richard Long VISITORS PRESENT: Gus W. Jolliff Mrs. L. S. Giehert Leroy 0. Wilkins Pirs. John P. Sears Jack D. Young T. U. Sealy Bob Stewart Roy Dye Joe Willen Milam J. Vaughn firs. David K. Langford + Jul The City of WichitaFalls Traffic Commission met iregular session on They 16, 1959 at 2:00 p.m. in the Council Chambers of the Municipal seventh meeting of the ,year. Mr. J. Richard Long, Acting Chairman, called the meeting to order at 2:05 p.m. OLD BUSINESS: 1. Request for a traffic signal at Ave H., Harrison and Wilson Street intersection. Moved by E. J. Winninger that the traffic signal at Ave H.,Harrison and • Wilson Street intersection be installed. Seconded by T. Herbert Brown and carried. 2. Request for discussion of the sidewalk ordinance with the builders and developers in the Wichita Falls area. Moved by E. J. Winninger that a recommendation be made to the Board of Aldermen tt the eaasidewalkment, in ordinance cooperation Engineering departmentss prepare that would incorporate the following recommendations: 1. That any residential construction, in established residential areas conform with the existing sidewalks of that area. 2. That in new residential projects, or any individual lot construction; that a 6ecand wide ttheconcrete of the lotsidewalk orelots laid ab abutting on the acurb, citty street, the frontag Seconded by Pat Halverson and carried. The meeting was adjourned at 3:35 p.m. There will not be a rQgularly scheduled meeting for the month of August. i MINUTES OF REGULAR MEETING WICHITA FALLS PARK BOARD JUNE 16, 1959 THE WICHITA FALLS PARK BOARD MET RECREATION N REGULAR DEPARTMENT SESSION, 19591 AT THE PARKS ANDD DEPARTMENTOFFICE, 1809 FIFTH STREET. MEMBERS PRESENT WERE: MR. FRANK HARVEY, CHAIRMAN MR. MELVIN EVANS MR. JACK B. CARNES MRS. J. N. STAFFORD MR. A. B. RUFF, JR OTHERS PRESENT WERE: MR. C. W. GRIGGS, CITY MANAGER MR. MILAM J. VAUGHAN, COUNCIL REPRESENTATIVE MR. SPENCER P. ELLiS, DIRECTOR INTENDENT ARKS OFAND RECREATIONRECREATION MR. EMERSON HALL, JR. , MR. RAYMOND L. HAYES, SUPERINTENDENT OF PARKS MR. WILLIAM B. HURSH, JR. , SUPERINTENDENT OF CEMETERIES MR. EUGENE M. ELAM, UNIVERSITY K!WANIS CLUB MR. RICHARD LONG, UNIVERSITY KIWANIS CLUB ITEM 1 : THE MEETING WAS CALLED TO ORDER BY THE CHAIRMAN , MR. HARVEY. MR. EVANS MOVED THAT THE READING OF THE MINUTES OF THE PREVIOUS MEETING BE DISPENSED WITH SINCE EACH MEMBER HAD RECEIVED A COPY BY MAIL, AND THAT THE MINUTES BE APPROVED AS PUBLISHED. MOTION SECONDED BY: MIRS. STAFFORD. MOTION CARRIED. ITEM 2: MR. HARVEY INTRODUCED MR. RICHARD LONG FROM THE UNIVERSITY KIWANIS CLUB. MR. LONG STATED THAT THE UNIVERSITY KIWANIS CLUB WAS INVESTIGATING THE POSSIBILITY OF CONSTRUCTING A MUNICIPAL SWIMMING POOL AND HAD TENTATIVELY SELECTED LAKEVIEW PARK AS THE BEST LOCATION. THE KIWANIS CLUB DESIRES TO HAVE THE COST OF CONSTRUCTION , UNDERWRITTEN. THE PARK DEPARTMENT WOULD BE RESPONSIBLE FOR FOR THE OPERATION AND MAINTENANCE OF THE POOLS AND SURROUNDING AREA. MR. EUGENE M. ELAM, ALSO OF THE UNIVERSITY KIWANIS CLUB, OUTLINED THE PROPOSED PLAN FOR THE POOLS. THE AREA WOULD POSSIBLY CONTAIN FOUR POOLS - A COMPETITION POOL (50 METERS LONG ) , AN INSTRUCTIONAL POOL, A WADING POOL, AND A DIVING POOL. THE AREA WOULD ALSO HAVE BATH HOUSE FACILITIES AND PARKING LOTS. THE CLUB WOULD POSSIBILITY BUILD ONE OR TWO OF THE POOLS NOW AND THE REMAINDER AT A LATER DATE, AFTER THE GUESTS LEFT, THE BOARD DISCUSSED THE RESPONSIBILITY OF THE PARK DEPARTMENT, THE COST TO THE DEPARTMENT AND THE NEEDS OF THE CITIZENS OF WICHITA FALLS FOR SUCH POOL FACILITIES. THE FOLLOWING ACTION WAS TAKEN. MOTION # 625: MR. EVANS MOVED THAT THE CITY TENTATIVELY AGREE TO MAKE A SITE AVAILABLE TO THE UNIVERSITY KIWANIS CLUB FOR THE CONSTRUCTION OF A SWIMMING POOL OR POOLS IN ORDER FOR THE CLUB TO PROCEED WITH PLANS AND ESTIMATES* THE CLUB WILL THEN PRESENT THEIR PLANS AND COSTS ESTIMATES TO THE BOARD FOR EXAMINATION. MOTION SECONDED BY: MIRS, STAFFORD, MOTION CARRIED. PARK BOARD MINUTES , JULY 2'I , 1959 ITEM 3: MR. ELLIS PRESENTED THE BOARD WITH AN ESTIMATE FOR THE COST OF PAVING THE DRIVES IN RIVERSIDE CEMETERY. THE POSSIBILITY OF OBTA4NING THE NECESSARY FUNDS THROUGH THE CEMETERY TRUST FUND WAS DISCUSSED AT LENGTH AND THE NEED FOR ADDITIONAL IRRIGATION LINES IN THE CEMETERY WAS REVIEWED ALRO. THE BOARD ASKED MR. ELLIS TO OBTAIN AN OPINION FROM MR. G► BSON, CITY ATTORNEY, REGARDING THE EXPENDITURES OF THE PRINCIPAL IN THE TRUST FUND. IT W +S ALSO SUGGESTED TO INVITE MR. GIBSON TO BE PRESENT AT THE NEXT BOARD MEETING . ITEM 4: MR. ELLIS PRESENTED THE PROPOSED DEPARTMENTAL BUDGETS FOR THE FISCAL YEAR 1959-60 ALONG WITH AN ESTIMATE OF REVENUE ABAILABLE FOR NEXT YEAR TO THE BOARD. THE BUDGETS WERE DISCUSSED BRIEFLY AND THE FOLLOWING ACTION WAS TAKEN. NOT1 ON it 626. MR. RUFF MOVED THAT THE BOARD TABLE ACT ION ON THE BUDGET UNTIL THE NEXT MEETING. MOTION SECONDED BY: MR. CARNES. MOTION CARRIED. THE BOARD AGREED TO MEET IN SPECIAL SESSION AT 3:00 P.M. , JULY 27, 1959, TO DISCUSS THE BUDGET. MR. ELLIS WILL SEND COPIES OF THE BUDGET TO THE ABSENT MEMBERS AND INFORM THEM OF THE SPECIAL MEETING. THE BOARD ALSO ASKED MR. ELLIS TO CHECK THE PRICES CHARGED IN RIVERSIDE AND LAKEVIEW CEMETERIES FOR OPENING AND CLOSING GRAVES AND TO INVESTIGATE THE POSSIBILITY OF RAISING THESE SERVICE CHARGES. THE PRESENT CHARGE OF $35.00 IS NOT A BREAK-EVEN PROPOSITION AND THE CITY IS LOOSING MONEY ON THE OPERATION. ITEM 5: MR. ELLIS BRIEFLY REVIEWED THE BOARD ON THE QUARTERLY REPORT. EACH MEMBER HAD RECEIVED A COPY BY MAIL AND WERE FAMILIAR WITH THE WORK AND ACTIVITIES OF THE FIVE DIVISION DURING THE PAST QUARTER. THE DIVISION MEADS GAVE A BRIEF ORAL REPORT ON WORK OF THEIR DIVISIONS AND FIR. ELLIS SUMMED UP THE DEPARTMENTAL ACTIVITIES FOR THE MONTH. THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED AT 5: 15 P.M. THE NEXT MEETING OF THE PARK BOARD WILL BE MONDAY , JULY 27, 1959, ,,T 3.00 P.M. MR. I'Ri,NK HARVEY CHAIRMAN OFFICIAL: MRS. REAGAN DUBLIN JECREIARY CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: v. J. 'Griggs DATE: July17�, 1"59 FROM: William L. Baugh,, Jr. SUBJECT: MI]NUTIES OF TRANSIT 1,ING PuZD TUB SDAT JULY 14p 1959 COMMENT: '.'he meeting was called to orderb., "-Ihle chairman larry iwibert, with the follo,.dng menbers -.)resent: Larry 1,Arl6ert i-x:ine Lee Oscar Simpson A. B, Foreman 4 C. M. GuAtafson Joe B. Heissner, Jr. `,ililliam P. Harrison Cugil 4. J)olin Gh,arlez. L. Adcock Tcm Crane VACA14CILS 014 TRAINISIT COWISISION Motion was made by i.r. Joe b, .11eissner that the following citizeits be recommended for an intment as permanent members of the Transit Commission I Po to fill existing vacancies: 1.1alter B. Peltason as representative of the Retail V,erchants 'ssociation. Floyd .1o, Randel ac, of the Downtowm Merchants Center. George C. '7e2ler representative of the Faith Village Shopping Center, 'Cirs, Charlsic Leath as represertative of the ;'artier Square Shoping Centar. J. 7bareer as representative of the northeast section,, bordered on th,-- south by 7th 3treet and on the west by the Fort `orth & Denver City Railway Tracks. h. A. ;-restage as representative of the northern section,, known as the Scotland Addition and bordered on the east by North Scott Avenue and lying north i of the 'iiichita Fdver. Y Charles A'. Gustafson, Jr. as represontative of the east cortral section, boumded on the east by Travis S,treot,, the west by Brook .°venue, the north by the 1141ciiita diver, and south by the v1chita Falls and Southern Railway Tracks. Jiaaq Ca.;tledine as representative o'L' the central section, bounded on the east by Brook wenue,, the west by Grant Street,, the south by the 'Wichita Falls and Southern !railway Tracks., and on the north by the '397mour ti3.7h ma y but including the Inglewood and {atton Additions. CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: DATE: FROM: SUBJECT: COMMENT: L. F. Kubecka as representative of the northwest section, bounded on the east by Grant Street,, the west by the City Limits, the south by Archer Street auid Call Field Road 0' ,, and the north b­ the Seymour Highway, Clovis D. Piann as representative of Faith Village. 1,10tion was seconded by .)scar Simpson and was approved unanimously. PROt= FRAi4CH136 AGR ENT SUBAITTI;1) 91 11CHITA CITY LIN�S 14,r. Jack H. Hughes, Wichita City Lines, Inc.,, and .1,11r. 4illi Williams,, N,itional City idness Inc., submitted a proposed franchise agreement to the Transit Commission and there was considerable discussion relative to the various provisions of the franchise, 11r. Joe B, Pleissner moved that the proposed franchise be referral to City 14anager Griggs and City Attornay 11 Gibson to be studied with particular regard to the terms and coriditions and the legal aspects arid that the mattar be taken up at the next meeting, -0tion was seconded by Oscar Simpson and passed. L=�4310N OF BAR41SE ROUTE Pir, Charles Adcock moved that the proposal by 'U-he Wichita City Lines to extend the Barwise route from the intersection of Lucas and Gilbert southivard on Gilbert to Suiu),yside Lane, wQstwa;-d on Sunnyside Lane to Lucas and north- ward on Lucas to Hines, and to add one additional daily run to the barwise route be approved by the coniaittee. .Iotion was seconded and carried. OIHAiIGE 114 1-13j, TING -DATS 11r, T= Crane moved that the meeting, date be changed from, the second Tuesday to the third Tu,:sday of January, klarch, ',lay, July,. _'>eptember., and isjovemb,3r. hotion was seconded by IZI . Foreman anti carried. OUNDAY SERVIC�' .'Iro Joe B, Meissner moved that a com-Littee be appointed to contact the Unisteiiia Alliance relative to making a Gurney concerning the feasibility of providing, limited bus neinrice on ';unday mornings, potion seconded by -'-sear 'Lmpson and carried. The folloAng ruemibers were appointed by the chairman to serve on the cowdttee i 1 r, Joe 8. Heissner, Jr. Y1r. Larry Lambert F.r. '4 I I illiam Harrison