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Min 04/14/1958 231 Wichita Falls, Texas Memorial Auditorium Bldg. April 14, 1958 The Board of Aldermen of the City of WichitaFalls met in regular session on the above date, in the Council Room of the Memorial Auditorium Bldg., at 10-30 o'clock A.M. with the following members present: K. C. Spell Mayor Bill Gi Hale Dr. J. D. Hall Stayton M. Bonner Aidemen Milam J. Vaughan Joe Bailey Meissner Jr. Bill Thacker Geo, T, Henderson City Clerk H. A. Thomason City Manager J. Walter Friberg City Attorney - - - - - - - - - - The Invocation was given by Rev. Raymond A. Pratt., pastor of University Baptist Church, - - - - - - - - - - Moved by Alderman Hale that the Minutes of the regular meeting held March 24,, and the called meeting held April 7, 1958, be and the same are hereby approved. Motion seconded by Aldeman Eonner and carried. - - - - - - - - - - RESOLUTION NO. 324 WHEREAS .. Under Section 1033 of the U.S. 1954 Internal Revenue Code, if land is taken under condemnation proceedings by any Governmental Agency,, the taking thereof is held to be an llinvoluntar7 conversion.," andq if the amount received by the landowner exceeds the amount the land costs him, the excess is held to be imome; and WHEREAS., this excess brought about by "involuntary conversion" is subject to Federal income tax if the landowner does not., within one year,, invest the proceeds of the forced sale in land of similar or related use; and WHEREAS., Under the present� contemplated program of various Governmental Agencies, many large reservoirs of water will be created under condemnation proceedings and tens of thousands of acres of land will be flooded, and thus taken out of use for agriculture and grazing; and WHEREAS., Also tWthousands of acres of land as well as other property will be condemned for highway right-of-way purposes in the consummation of the current Federal inter-state highway program; and WHEREAS., A considerable portion of the land taken by condemnation will be valuable property,, including that along river and creek courses,, and will generally flood the arable and best grazing lands, and leave the ridge land (the least v�aluable) to the landowners; and in many eases will totally disrupt a practical and profitable business operation; and WHEREAS., Under the Section of the Income Tax Daw referred to hereinbefore., landowners will have to invest the proceeds of the condemnation sales in other property similar to that taken from them by "involuntary conversion.," or pay income tax as stated hereinbefore; and WHEREAS., This condemnation of large acreages of good arableand grazing lands will greatly reduce the amount of such land.. and., at the same time increase the number of people trying to purchase such lands,, and thereby stimulate the operation of the law of supply and demand., thus causing the price asked for such similar land or property to be increased considerably for such land or property as may be offered for sale; and WHEREAS,, In many cases aged people of relatively small financial reaources will be forced to pay the income tax or seek a home in distant parts of the State., or other States., where similar property may be for sale., and., if they succeed in finding such 232 property for sale and do purchase same.. they will have to leave the communities where their relatives and long time friends live and where their church and other civic ties have long, been established, and begin life among strangers; and WHEREAS,, These landowners annually pay Federal income taxes as other citizens do., and yet by this discriminatory provision of the present Internal Revenue Code., they are unjustly required to pay an additional income tax; now,, therefore., be it RESOLVED., By the Board of Aldermen of the City of Wichita Falls T s that the exa , Congress of the United States be petitioned to amend the Internal Revenue Code so as to repeal the provision requiring the owners of land or property taken by condemnation to pay income tax on the excess of such sales and permit the owners., without paying income tax on same, to invest the proceeds in any kind of property they may desire; and be it further RESOLVED., that official copies of this Resolution be sent to the two United States Senators from Texas, to the Hon. Frank Ikard,, U,S. Congressman from the Thirteenth Con- gressional District of Texas and to Representative Wilber b. Mills of California,, who is the chairman of the House Ways and Means Committee as well as the Joint House and Senate Committee on Internal Revenue. - - - - - - - - - - Moved by Alderman Bonner that Resolution No. 324 be and the same is hereby adopted and passed as read, Motion seconded by Alderman Meissner and carried by the following vote: Yeaq-. Aldermen Hale., Hall, Bonner,, Vaughan,, Meissner and Thacker. Nays: None. - - - - - - - - - - Moved by Alderman Hale., in accordance with bids opened at a regulayesting held March 24, 1958,, for purchase of 2330 brass and copper fittings., etc. tha ' Sid be and same is hereby awarded to the lowest bidder., Homer G. Maxey at their bid j,-a-ice of $3326-95, net 10 days, fob Wichita Falls. Motion seconded by Alderman Heissner and carried, - - - - - - - - - - Moved by Alderman Thacker that the Board of Aldermen does hereby authorize payment to V. Clouse the sum of $9951-92 for Estimate #4 due April 7., 1958., on Sanitary Sewer Main Contract., from Texas St. to Hampstead Lane; further to direct the City Clerk to draw a check for the same,, payable out of Sewer Bond Improv. & Ext. Ser. 1957 Fund. Motion seconded by Alderman Hale and carried, - - - - - - - - - - Moved by Alderman Hall that theBoard of Aldermen does hereby authorize payment to John E. Costello and Clyde Flick the sum of $1502.62 for Estimate #4, due on Water Distribution System Improvements,, Third Section; further to direct the City Clerk to draw a check for the same., payable out of Water Bond Improv. Ser. 1955 Fund, Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - Moved by Alderman Hale that the Board of Aldermen does hereby approve and authorize the execution of a Renewal Contract by and between the City of Wichita Falls and the Texas Electric Service Co. for the continuance of operation and maintenance of a canal which leads from Lake Wichita to the Water Reservoir at Texas Electric Service Co. Plant, for consideration of $15,000.00 anmally., payable quarterly in advance; said Contract is hereby extended and renewed anU shall be in force and effect beginning June 1,, 1958, for a period of one year thereafter, and after the expiration of said tem., the said Texas Electric Service Co. is granted 'the option to renew and extend the same from year to year for a period of not more than 10 successive years from and after June 1., 1959; provided that within 30 days from date of its termination the said Company shall notify the City at its Municipal Aud$torium office in writing of its election to continue the Contract in force for another period of one year and at the same time, pay or tender to the City the sum of $15,000-00 for such years renewal, and in like manner and upon like terminntions, it may continue the same in force for continuous periods of one year each, not to e=eed 10 successive renewals in aU; further to authorize and empower Mayor K. C. Spell to execute the said Renewa& Contract for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Thacker and carried unanimously. - - - - - - - - - - 233 Moved by Aldernan Meissner that the First Re-Plat of a part of Blocks 10 and 13 of University Park,, Sections A-2 & A-3,, be and the same is hereby approved and adopted,, copy of which is attached hereto and made a part of the records hereof, Motion seconded by Alderman Hale and carried. - - - - - - - - - - Moved by Alderman Thacker that Plat Showing Section "C" Sikes Estates Subdivisions an Addition to the City of Wichita Falls Texas., be and the same is hereby approved and adopted, copy of which is attached hereto and made a part of the records hereof. Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - on Moved by Alderman Meissner that the Eighth Supplaqtal Dedication Plat to Country Club Estates First Section., an Addition to the City of Wichid Falls, Texas, be and the same is hereby approved and adopted,, copy of which is attached hereto and made a part of the records hereof. Motion seconded by Alderman Hale and carried. - - - - - - - - - - ORDINANCE NO. 1801 AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF WICHITA FALLS., TEXAS,, BY ANNEXING CERTAIN LANDS ADJACENT TO THE PRESENT TERRITORIAL LIMITS OF THE CITY OF WICHITA FALLS, WICHITA COUNTY9 TEXAS; ALL OF 11HICH ARE FULLY DESCRIBED IN THIS ORDI- NANCE; AND DECLARING AN EMERGENCY. (Southern Hills Section of Dittoe Heights and Vicinity) Moved by Aldernan Thacker that Ordinance No. 1801 be and the .same is hereby introduced and that the same shall be duly published in the newspaper and presented for further consideration at the next regular meeting to be held April 28., 1958. Motion seconded by Aldemman Meissner and carried by the following vote: Yeas: Aldemen Haie,, Hall,, Bonner, Vaughan, Meissner and Thacker. Nays: None. - - - - - - - - - - ORDINANCE NO. 1802 AN ORDINANCE XMENDING ORDINANCE NO, 1784., WHICH IS AN ORDINANCE REGULATING DOGS WITHIN THE CITY LIMITS OF WICHITA FALLS., TEXAS., BY AMENDING SECTION 2 THEREOF; PROVIDING FOR LICENSES AND REGISTRATION; AND AMENDING SECTION 3 PROVIDING FOR VACCINA- TION; AMENDING SECTION 5,, AND DECLARING AN EMERGENCY. moved by Alderman Hale that Ordinance No. 1802 be and the same is hereby approved and passed as read, Motion seconded by Alderman Vaughan and carried by the following vote: Yeas: Aldermen Halep Hall,, Bonner., Vaughan,, Heissner and Thacker. Nays: None. - - - - - - - - - - Moved by Aldeman Meissner that the Board of Aldermen does hereby approve and authorize payments on Water and Sewer Main Re-Imbursement Contracts, as follows: To Mary Lillian Singleton., Ind. Executrix of the Est. of GeoT,Singleton $1535.89., due 4-1-58., for Water Mains in Singleton Addn. N. H. Downing 449.72 4-1-58, for Water Mains i# 2nd Supplemental Addn. to Park Pl. Addn. E.E. Cloer,Genl Contractor Inc. 155.17, due 4-9-58, on Sewer Mains in Ditto Hts, Addn,#2 Sunnyside Development Co. 1243.66, " 4-1-58, for It 11 Sunnyside Hts. Addn; further to direct and order the City Clerk to draw checks for each of the above dtated pa�ments. Motion seconded by Alderman Bonner and carried. - - - - - - - - - - 234 The Claim Against the City., filed in the Office of the City Clerk April 14, 1958,9 by Attorneys Kouri & Banner for damages sustained by Fred Knox Campbell III., as alleged '-)y his father., Fred Knox Campbell., Jr.., was read to the Council by the City Clerk., thereupon the following motion was made: Moved by Alderman Bonner that the above claim for damages as alleged by Fred Knox Campbell, Jr, be and the same is hereby referred to the City Attorney for investi- gation, Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - Mr. Floyd Dean appeared before the Council and stated, in his opinion, the ordinance requiring certain types of life belts or preservers were not altogether practicable for use in water skiing at Lake Wichita, and asked for certain revisions in the Ordinance, The matter was listened to attentively whereupon the following motion was made: Moved by Alderman Meissner that the suggested changes in the above and fore- going be and the same is hereby referred back to the Park Department. Motion seconded by Alderman Hale and carried, - - - - - - - - - - Mayor K. C. Spell appointed Aldermen Hale., Vaughan and Thacker, as a Committee of three to confer with the Park Board for the purpose of arrivifig-at a solution to the.proper type of life belts necessary for use for skiing at Lake Wichita. - - - - - - - - - - Alderman Vaughan stated he felt the Council should take immediate steps to perfect a downward revision in water rates. The matter was discussed at length., both pro and conj, whereupon the following motion was made: Moved by Alderman Thacker that the City Manager be and he is hereby directed to make a study, of water rates as previously suggested,, also for the Council and the City Manager to have a meeting with Mr. Frank Medanick of the First Southwest Co. of Dallas., Financial Advisers to the City of Wichita Falls., for the purpose of arriving at a cheaper water rate acceptable to the Board of Aldermen., and present the same to the Council in sufficient time for the same to become effective not later than June lst, Motion seconded by Alderman Meissner and carried unanimously. . - - - - - - - - - - Moved by Alderman Hall that the meeting be adjourned. Motion seconded by Alderman Meissner and carried. The Board of Aldermen then adjourned. APPROVED this the ay of 1958. ATT T: or City Clerk 24 26 25 AVENUE 5c C, 0 5 U4 9 14 10 16 7 6 17 10 16? 114 6 /8 -0 C4 --L69: 19 12 4 20 5 ElTt 5 9 /3 led %Q 60' 22 50' ja 60 7' 14 jj 14 4 L? A 0 '0 F A R W A Y FIRST RE-PLA- A PAR� OF BLOCKS 10 AND 13 OF UNIVERSITY PARK SECTIONS A-2 81 A-3 The dimensions shown w*w" are from .tiold I...ey moo Mareh,19M,Orel Oro ,.,@by certified to be true end correct. WICHITA FALLS, TEXAS 1 7 SCALE 100 �RwEsr LEE,Efth—-S-"W CITV 01: VACHITA FALLS (?enjer ol greal 91az�ural �Wesources office of VAC14rrA VALLS, TGXAS DEPARTMENT OF PUBLIC WORKS April 9s 1958 Mr. George Henderson City Clerk Wichita Fallso Texas Re: Resubdivision of Blocks 10 and 13., Section A-2 and A-3. University park Addition Dear Mr. Henderson: This plat was approved by the planning Board and all requirements of this Board and City have been ful- filled. Very truly Yours-* ' D 7 F. M. Rugeley Director of Public Works FMR:ah 5 4 -10 N tK on LIJ 0 LLJ 7. LL LIJ -72 ul 04 7i CITY 01: VACHITA FALLS eenjer ol greai 91ailaral 'Resoarccs Office of wcmrm j:AjLS, TOCAS DEPARTMENT OF PUBLIC WORKS April 9, 1958 mr. George Henderson City Clerk Wichita Fallsp Texas Re: Subdivision Sikes Addit'OnP Section Dear Mr. Henderson: This plat was approved by the Planning Board and all requirements of this Board and City have been fulfilled. Very trulY YOurs-9 P--7 F. M. Rugeley Director of Public Works FMR:ah uj 2 1 .. .. ..... .. I A ZZf CITY OF VACT41TA FALLS Office of eenler ol areal 91ai�ural 92esources DEPARTMENT OF PUBLIC WORKS WCHMA PALLS, TGXAS April 9. 1958 Mr. George Henderson City Clerk Wichita Falls, Texas Re: Country Club Estates., First Section., fth Supplement Dear Mr. Henderson: This plat was approved by the Planning Board and all requirements of this Board and City have been ful- filled, Very truly yours,, F. M. Rugeley Director of Public Works FNR:ah