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Min 05/08/1961 Agenda No. 295 Wichita Falls, Texas Memorial Auditorium Bldg. May 8, 1961 1 & 2 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date, in the Council Room of the Memorial Auditorium Bldg., at 2:30 o'clock P.M., with the following members present: Joe Bailey Meissner Mayor Protem J. Winston Wallander Dr. D. Clifford Burross 0. D. McBride ' I Aldermen Dr. Al T. Witcher Mrs H. P. Ledford C. J. Griggs City Manager Frank Gibson City Attorney A. L. Fitts City Clerk The Invocation was given by Rev. Lem Tittsworth Jr., Pastor Trinity Presbyterian Church. 3 Mr. Lei. Van Hoi, City Manager, from South Viet Nam was recognized. Moved by Alderman Ledford that the Minutes of the regular meeting held April 24, 1961, be approved. • Notion seconded by Alderman Witcher and carried. 4 Mr. Warren Silver presented a request for use of Memorial Auditorium on Sunday October 29, 1961, by the Area. Council of Churches. Moved by Alderman Ledford that the request of Mr. Warren Silver for use of Memorial Auditorium on Sunday, Oct. 29, 1961, by Area Council of Churches, be granted; charges ` to be made on regular church rate. Motion seconded by Alderman Witcher and carried unanimously. 5 Mr. Ray Allison again presented a request for revision of the Ordinance regulating solicitation, peddlers, hawkers, Itinerant Merchants, or transient vendors of merchandise in the City Limits of Wichita Falls. Mayor Protem Meissner ordered a public hearing set for May 22nd, 1961, at 7:00 o'clock P.M. to consider the Amendment. 6 Bids were opened on an oil and gas lease, as advertised. The following bids were received: W. C. Wainwright, 1014 Oil & Gas Bldg. $101.55, 1 year Lease Bonus Lofton Oil Co. 707 Oil & Gas Bldg. z67.47, It It it City Attorney, Frank Gibson, having passed on the legality of the bids, voiced the opinion that they were in proper form. The following motion was made: Moved by Alderman McBride that the Lofton Oil Co. be awarded the oil and gas lease on the following described land situated in Archer County, to-wit: BEGINNING at a point on the West boundary line of Block 112 and the East boundary line of Block 111 of ATNCL Subdivision 3527.56 feet North of the most Northwest corner of Robert Carson. Survey No. 154, Abstract No. 80; THENCE West 1100 feet to a point; THENCE South 980 feet to a point; THENCE South 340 30' East 1290.77 feet to a point; THENCE North 550 30' East 1006 feet to a point; THENCE North 340 30' West 950 feet to a point; THENCE North 608 feet, to the place of beginning; containing 48.63 acres, more or less 296 Agenda No. under the tenAs as set Borth in their bid, attached hereto, and the conditions as set 6-con't forth in the Advertisement for Bids. Motion seconded by Alderman Burross and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Witcher, Ledford and Mayor Proten . I4ieissner. Nays: None. Moved by Alderman Witcher that the Minutes of the Planning Board meeting held _ 7 on May 2, 1961, be approved. i Motion seconded by Alderman Burross, with the provision that Alderman Wallarder's name be shown with those present. Motion carried unanimously. - - - - - - - - - - 7-a Moved by Alderman Witcher that the City Council meet with the Directors of Wichita Co. Water Control & Improvement Districts Nos 1 and 2, to discuss and arrange for the annexation by the City of Wichita Falls those areas within Water District No. 1 not now in the City Limits of Wichita Falls. Motion seconded by Alderman Ledford and carried. - - - - - - 7-b Moved by Alderman Witcher that the Planning Board be asked to restudy the provisions as set forth in the Sidewalk Ordinance. Motion seconded by Alderman Burross and carried unanimously. 7-c Mr. Earl Nunnakly, representing Ramco Construction Co., presented a plea for an exception to the Sidewalk provisions in Lincoln Heights Addition, Section II, Thelma Circle, Pearlie Circle and both sides of Trigg Lane, contrary to the ruling of the Planning Board under Item 9, of May 2, 1961, Minutes. A discussion was held by various members of the Council, after which the following- motion was made: Moved by Alderman Burross that the decision of the Planning Board be upheld and that the request be denied. Motion seconded by Alderman Ledford and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride and Ledford. Nays: None. (Alderman Witcher not voting.) 7-d Mr. Munnally asked that the Council temporarily waive the sidewalk requirements on Pearlie Circle with the stipulation that Ram Co 8onstruction would construct sidewalks in the event there were no changes in the sidewalk Ordinance. Moved by Alderman Burross that the above request be denied. The motion died for lack of a second. Moved by Alderman Wallander to grant the request of Ram Co and temporarily waive sidewalk requirements,on Pearlie Circle, with the stipulation that Ram Co would construct sidewalks in the event there were no changes in the sidewalk ordinance. l Motion seconded by Alderman McBride and carried by the following vote: Yeas: Aldermen Wallander, McBride, Witcher and Ledford. Nays: Alderman Burross. 297 Agenda No. 8 Moved by Alderman Witcher thatthe final Plat of East Eden Hills, Section A-1, be approved; copy of said Plat being on file in Office of City Clerk. Motion seconded by Alderman Burross and carried. 9 Moved by Alderman Witcher that the Final Plat of East Eden Hills, Section A-2, be approved; copy of said Plat being on file in Office of City Clerk. Motion seconded by Alderman Burross and carried. 10 Mr. P. L. Davis presented a request that the City provide water service replace- went for Block 26, Sibley Taylor Second Addition, since construction of the Expressway would necessitate re-locating the existing lines. Moved by Alderman Burross that the above request from Mr. P. L. Davis be granted. Motion seconded by Alderman Ledford and carried. the Ea half of 10 b Moved by Alderman Witcher that the Replat of lock 26, Sibley Taylor, Second Addition be approved; copy of said Replat being on file in the Office of City Clerk. Motion seconded by Alderman Wallander and carried. 11 Alderman Burross asked that action-.on the proposal to operate wrecker service (Agen.#10) ' in the City on a franchise basis be postponed until the attorney who presented the request could be heard. 12 Moved by Alderman Witcher that the bid of Dal Tex EquipmentCompany for Tractor with Backhoe and Loader for the Park Department, be accepted and that they be awarded the contract on their bid price of $5991.48; being the lowest bid; copy of Purchase Summary on file in Office of City Clerk. Motion seconded by Alderman McBride and carried. RESOLUTION NO. 454 13 y WHEREAS, the City of Wichita Falls is contemplating building' a dam on the Little Wichita River at a site commonly known as the Halsell site, and WHEREAS, the City of Henrietta currently takes its fresh water supply from the Little Wichita River, and WHEREAS, the City of Henrietta has certain rights in the waters of the Little Wichita River, and WHEREAS, the City of Wichita Falls desires to continue co-operating fully wit4 its neighbor city, Henrietta, and WHEREAS, the Board of Aldermen of the City of Wichita Falls desires to do everything possible to insure an adequate supply of fresh water to the City of Henrietta. NOW, TH&WORE,, BE IT RESOLVED BY THE BOARD OF ALDERMMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The City of Wichita Falls pledges to honor the present water rights owned by the City of Henrietta, as well as any other rights obtained in the future. 2. The City of Wichita Falls pledges to so construct its reservoir that adequate water can be released from the reservoir to fulfill the present rights owned by the City of Henrietta, or rights obtained in the future, such outlet to be net less than twenty (20) inches in diameter installed at the bottom of the dam so as to drain any water in said lake, Moved by Alderman Wallander that Resolution No. 454 be approved and adopted as read. 298 No. Motion seconded by Alderman Ledford and carried by the following vote: 13-con't Yeas: Aldermen Wallander, Burross, McBride, Witcher, Ledford and Mayor Protein 114eissner. Nays: None. ORDINANCE NO. 1948 14 All ORDINANCE REQUIRING THAT A PERMIT BE OBTAINED PRIOR TO CO&-IENC IMENT OF ANY ALTERATION TO PUBLIC STREETS: PROVIDING STANDARDS FOR ISSUANCE OF PER,IITS SETTING FORTH THE AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS AND THE CITY ENGINEER OF OPERATIONS WITHIN ITS PURVIEW:PROVIDING FOR A SEVERABILITY CLAUSE: PROVIDING PENALTIES FOR VIOLATIONS OF THESE PROVISIONS: AND DECLARING AN 34ERGENCY. Moved by Alderman Ledford that Ordinance No. 194E be approved and passed as read. Motion seconded by Alderman Wallander and carried by the following vote: Yeas: Aldermen Wallander, Burross, %Mcride, Witcher, Ledford and Mayor Protein Mei.ssner. Nays: None. Item No; 14 on the Agenda (Resolution for Retiring Aldermen) was passed to the next meeting. RESOLUTION NO. 455 15 WHEREAS, the government of the City of Wichita Falls, in both its daily operation and in its long term planning, relies heavily upon the advice and legal v"` counsel of its City Attorney, and WHEREAS, Frank Gibson, after having served two years as City Attorney for the City of Wichita Falls, is resigning to enter the private practice of law, and WHEREAS, Frank Gibson has performed the numerous and complex functions of this office in a tireless and exemplary manner, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERAUN OF THE CITY OF WICHITA FALLS, TEXAS: THAT, Mr. Gibson be given official recognition for his period of invaluable service to the Board of Aldermen and the people of the City, and that he be presented a copy of this scroll evidencing this City Councils deepest appreciation and thanks., and that a copy shall also be placed upon the Minutes of this meeting. Moved by Alderman Wallander that Resolution No. 455 be approved and adopted as read. Motion seconded by Alderman Ledford, Witcher, Meissner, McBride and Burrows, and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride, Witcher, Ledford, and Mayor Protem Meissner. Nays: None. Moved by Alderman Ledford that the Minutes of the Park Board meeting of 16 April 26, 1961, be approved. ' Motion seconded by Alderman Witcher and carried. Moved by Alderman Witcher that the Minutes of the Wichita City-County Welfare ; a 17 Board meeting, held April 27, 1961, be received. " f Motion seconded by Alderman Burross and carried. 299 Item No. 18 Moved by Alderman Burross that the bill from Wichita General Hospital for indigent patients for the month of March, 1961, be approved and ordered paid, in amount of $10070.40. Motion seconded by Alderman Wallander and carried. 19 Moved by Alderman Wallander that payments on Water and Sewer Reimbursement Contracts be approved and ordered paid, as follows: To: Mrs C. A. Gillaspia $444.93, water in Wayne Gillaspia 1st & snd Additions Hughes Development Co. 667.00, water in Write Acres Subdivision. W. B. Hursh, 138.07, water in Hursh Division Sect. 5. University Park Corp. 468.83, water in Univ. Park Subd. Section A-4. H. H. Hursh et al 817.24, water in Hursh Addition. Hawkeye Development Co. 1667.58, water in A & B Loch Lomond Addn, University Park Corp. 1264.40, sewer in Univ. Park Subd. Hawkeye Development Co. 296.233 sewer in Loch Lomond Addn. University Park Corp. 95.171, sewer in University Park Subd. Sect A-4; Motion seconded by Alderman McBride and carried. 20 Moved by Alderman Burross that kktk the Board of Aldermen appoint Mr. H. P. Hodge Jr. as City Attorney, effective May 8, 1961. Motion seconded by Alderman Wallander and carried unanimously. The newly appointed City Attorney, Mr. H. P. Hodge, Jr. was recognized and thanked the Council. t 21 , Mrs Eula Collier of Jacksboro Highway and Michna. Lane presented a claim for damage caused by water; which claim was referred to the City Attorney for investigation. 22 Moved by Alderman Burross that an Ordinance be prepared changing the hour of the Council meeting to 7-30 o'clock P.M. Motion seconded by Alderman Wallander and carried by the following vote: Yeas: Aldermen Wallander, Burross, McBride and Witcher. Nays: Alderman Ledford. 23 Moved by Alderman Witcher that the final Plat of Estes Addition, Second-Section., be approved; copy of said Plat being on file in Office of City Clerk. Motion seconded by Alderman McBride and carried. 24 Moved by Alderman Burross that the Amendment to the City's contract with Homer A. Hunter Associates Inc. be approved, and Mayor Kenneth Johnson be authorized to sign same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Ledford and carried unanimously. 25 Moved by Alderman Ledford that the meeting be adjourned. Motion seconded by Alderman McBride and carried. The Board of Aldermen adjourned at 4-42 P.M. APPROVED this the 2 day of J��� f , 1961 � a ATTEST: Mayor l =0,1 I,7 City Clerk � i Drilling and Producing Telephone 723-6431 Lofton Oil Company 707 OIL AND GAS BUILDING WICHITA FALLS, TEXAS MAY 5, 1961 CITY OF WICHITA FALLS WICHITA FALLS, TEXAS THIS IS TO ADVISE THAT I, W. A. LOFTON, THE UNDERSIGNED, WISH TO SUBMIT A BID FOR THE OIL AND GAS LEASE OFFERED FOR SALE IN RESOLUTION NO. 449 PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, ON APRIL 10, 1961, AS RECORDED ON PAGE 284, MINUTE BOOK NO. 17 OF THE CITY OF WICHITA FALLS, TEXAS. SAID LEASE IS DESCRIBED AS BEING SITUATED IN ARCHER COUNTY, TEXAS, TO-WIT: BEGINNING AT A POINT ON THE WEST BOUNDARY LINE OF BLOCK No. 112 AND THE EAST BOUNDARY LINE OF BLOCK No. 111 OF ATNCL SUBDIVISION 3527.56 FEET NORTH OF THE MOST WESTERLY NORTHWEST CORNER OF ROBERT CARSON SURVEY No. 154, ABSTRACT No. 80; THENCE WEST 1100 FEET TO A POINT; THENCE SOUTH 980 FEET TO A POINT; THENCE SOUTH 34 DEGREES 30 MINUTES EAST 1290.77 FEET TO A POINT; THENCE NORTH 55 DEGREES 30 MINUTES EAST 1006 FEET TO A POINT; THENCE NORTH 34 DEGREES 30 MINUTES WEST 950 FEET TO A POINT; THENCE NORTH 608 FEET TO THE PLACE OF BEGINNING, AND CONTAINING 48.63 ACRES OF LAND, MORE OR LESS. I OFFER AS A BONUS FOR SAID LEASE $5.50 PER ACRE OR A TOTAL OF $267.47 WITH THE UNDERSTANDING THAT SAID LEASE WILL BE FOR A PRIMARY TERM OF ONE (1 ) YEAR AND WILL COVER THE OIL AND GAS RIGHTS TO A DEPTH OF 2000 FEET ONLY AND WILL PROVIDE FOR A ONE-EIGHTH (1/8) ROYALTY. A. LOF N