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Min 07/28/1958 280 Wichita Falls., Texas Memorial Auditorium Bldg. July 28., 1958 The Board of Aldermen of the City of Wichita Falls met in regular session on the above date ,, in the Council Room of the Memorial Auditorium Bldg.., at 8:00 o'clock P.M., with the following members present: K. C. Spell Mayor Bill G. Hale Dr. J. D. Hall St4yton M, Bonner Aldemen Milam J. Vaughan Joe Bailey Meissner Jr. Bill Thqcker Geo. T. Henderson City Clerk H. A. Thomason City Manager J. Walter Friberg City Attorney - - - - - - - - - - The Invocation was given by Rev. Wm. E. Peacock, Pastor of Foursquare Gospel Church. - - - - - - - - - - Moved by Alderman Thacker that the Minutes of the called session at 10:30 A.M. July 3-4,, 1958., and the regular meeting at 8:00 P.M. on the same date be and the same are hereby approved, Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - Moved by Alderman Thacker that the Board of Aldermen does hereby approve and ratify the Minutes of the Traffic Commission meeting held July 21+, 1958,, save and except that portion of Item 4 under NEW BUSINESS which reads: 'IT. Herbert Brown moved that the poles in the media on Ninth Street from Van Buren to Kemp be removed. Seconded by Richard Long and carried;" -'be and the same is hereby excluded and deleted, Motion seconded by Alderman Meissner and carried; Alderman Hall voting No. - - - - - - - - - - Moved by Aldeman Thacker that the Minutes of the Park Board meeting held July �- " 15,, 1958., be and the same are hereby approved and ratified. Motion seconded by Alderman Meissner and carried. - - - - - - - - - - Moved by Alderman Hale that the Board of Aldermen does hereby accept the recommenda- /tion of the Director of Public Works and award the bid for excavation work on Fairway Blvd. to the only bidder, J. F. Foster & Sons at an agreed reduced price of 300 per cu. yd. for excavation and 600 per cu. yd. for salvaging and spreading the existing base; and authorize the City Manager, or Mayor., to execute a contract for the same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Thacker and carried. - - - - - - - - - - Moved by Aldeman Meissner that the Board of Aldermen does hereby accept the recommendation of the Director of Public Works, F, M. Rugeley,, and award the bid for collapsing and back-filling the abandoned portion of the Southside Sanitary Sewer min to the only bidder, V, Clouse, Contractor., at his bid price of $25,200.00, and authorize the City Manager, or Mayor, to execute a contract for the same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Vaughan and carried, - - - - - - - - - - 281 Moved by Alderman Hal-I that the Board of Aldermen does hereby authorize payment to Wichita General Hospital the sum of $9892.12 for charity patients for the month of June and direct the City Clerk to draw a check for the same. Motion seconded by Alderman Vaughan and carried, - - - - - - - - - - RESOLUTION NO. 330 A RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE FOLLOWING STREET WITHIN THE CITY OF WICHITA FALLS2 TEXAS., TO-14IT: PENNSYLVANIA ROAD FROM THE SOUTH PROPERTY LINE OF LEXINGTON STREET TO THE SOUTH PROPERTY LINE OF REVERE STREET; STATING THE NATURE OF SUCH IMPROVLMNTS2 DIRECTING THE CITY MANAGER TO HAVE PREPARED PLANS AND SPECIFICATIONS AND ESTIMATES OF THE COST OF SUCH LMPROVF14ENTS AND SETTING OUT THE 14AN1,TER IN WHICH SUCH IMPROVE- MENTS ARE TO BE PAID FOR, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS., TEXAS: That a public necessity exists for the improving of the following public property and streets in the City of Wichita Falls, Texas., as hereinafter provided: Pennsylvania Road from the South Property Line of Lexington Street to the South Property Line of Revere Street; said portion of said street shall be improved by raising., grading and by filling same., and by installing cement concrete curbs and gutters and storm sewers and drains where necessary., and by paving with one or more of the following t--pes of materials to-wit: One and one-half inch (1-111) Hot Mix Asphaltic concrete on six inch (611) 2 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 improve- ments before th4 hearing relating 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 cost 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 improvements plus the cost of the curb and gutter,, it being herein set forth that this resolution. is intended to include all the rights, powers and privileges allowed a city under the provisions 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, shall be assessed and borne on the Front Foot Basis., and in any case where the Board of Aldermen of the City of Wichita Falls, Texas, shall find that such plan or basis would result in injustice or inequality the said Board of Aldermen shall ap ortion and assess such 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, Texas. The amounts to be assessed against and to be aid by abutting property and the owners thereof in each unit shall be payable in five (55 equal installments, due as follows: First installment shall be due and payable within ten days after the completion of the work and acceptance of same by the city., and the remainder shall be paid 1., 2., 3 and 4 years from the datO 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 and 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 installment promptly as the same matures,, then at the option of the holder of any such 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 ahall be a personal liability and charge against said owners of the property assessed. 282 This resolution shall become effective immediately upon its passage. - - - - - - - - - - Moved by Aldeman Vaughan that Resolution No. 330 be and the sane is hereby adopted and passed as read, Motion seconded by Alderman Meissner and carried by the following vote: Yeas; Aldermen Hale, Hall., Bonner., Vaughan., Meissner and Thacker. Nays-- Hone. - - - - - - - - - - RESOLUTION NO. JL1 A RES(LUTION APPROVING AND ADOPTING PLANS., PROFILES AND SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEKENT OF THE FOLLOWIIG STREET WITHIN THE CITY OF WICHITA FALLS., TEXAS., TOWIT: PENNSYLVANIA ROAD FROM THE SOUTH PROPERTY LINE OF LEXINGTON STREET TO THE SOUTH PROPERTY LINE OF REVERE STREET; AND DIRECTING THE CITY MANAGER OF THE CITY -kOF WICHITA FALLS,, TEXAS2 TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH 111PROVEMENTS, WHEREAS., by resolution passed on the 26th day of July A.D. ,958., the Board of Aldermen of the City of Wichita Falls, Texas, declared the necessity of improving: Pennsylvania Road from the South Property line of Lexington Street to the South Property line of Revere Street, in the City of Wichita Falls, Texas; by raising, grading and filling same, and paving sane with the materials and in the manner and methods stated in said Resolution., and installing cement concrete curbs and gutters., and storm sewers and drains where necessary., and gave the method by which it was proposed that payment be made therefor., and directing theCity Engineer to have plans., -profiles and. specifications and estimates, of the proposed improvement prepared; and2 WHEREAS, the said City Engineer has prepared such plans,, profiles and soecifica- tions and estimates and has filed same with the Board of Aldermen, and the same have been examined and inspected, and corrected where necessary; NCW,, THEREFORE.. BE IT RESCLVED BY THE BOARD OF ALD104EN OF THE CITY OF WICHITA FALLS., TEXAS: THAT the said plans,, profiles and specifications., and estimates be., and they are hereby adopted and approved as those under., by and in accordance with which the said improvements shall be made and constructed, THAT the said City Manager be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improvements,, in the manner and for the length of time and in the form required and provided for by the City Charter and the laws in force and effect at this time, and by the Ordinances and Proceedings of this Board, and such bids will be received until and shall be opened, on the Ilth day of August, A.D. 19A, at 8:00 o'clock P.M.2 and all bids shall be made in the form and in the manner and accompanied by certified check and by the guarantee provided and required by the said specifications. This Resolution shall take effect from and after its passage. - - - - - - - - - - Moved by Alderman Hall that Resolution No. 331 be and the same is hereby adopted and passed as read. Motion seconded by Alderman Vaughan and carried by the following vote: Yeas: Aldemen Hale, Hall,, Bonner., Vaughan., Meissner and Thacker. Nays: None. - - - - - - - - - - RESOLUTION NO. 332 WHEREAS., the City National Bank in Wichita Falls., Texas., Depository for the City of Wichita Falls,, Texas., has deposited in trust with the First National Bank in Dallas., the sum of $1,900.,000.00 in U.S. 2 1/4% Treasury Bonds., as security for the account of the "i-ty of Wichita Falls, Texas, ao(evidenced �y the First National Bank in Dallas Certificate No. 75559, as hereinafter set forth: 283 Certificate No. 75559, dated 2-24-58, U.S. 2 1/4% Treasur7 Bonds of 1956-59; Due 9-15-59; No. 3634 9 IMM sl.POOO.,OOO.00 1023, 51926P 59071P 59072P 59075p 59112 59127/59 1011 ea 900,000,00 and,, I l.,9WPOOO.00 WHEREAS.. the City National Bank in Wichita Falls, Texas, has requested release of the above described Treasury Bonds., and WHEREAS, the City National Bank in Wichita Falls, Texas, has agreed to substi- tute in lieu therefor $1.,900,,000.00 U.S. 2 1/2% U.S. Bonds due 8-15-63; FALLS NOW,0 THEREFORE, BE IT RESOLVED BY THE BOARD OF ALD&MN OF THE CITY OF WICHITA T EXAS: THAT the City Clerk of the City of Wichita Falls, Texas, be and he is hereby authorized to acce t as security for the account of the City of Wichita Falls, Texas.. $lp9OO.,OOO.00 2 172� U.S. Bonds due 8-15-63, and surrender the above described Treasury Bonds, Certificate No. 75559p aggregating the sum of $1,900,000.00 now on deposit with the First National Bank in Dallas. - - - - - - - - - - Moved by Alderman Meissner that Resolution No, 332 be and the same is hereby adopted and passed as read, Motion seconded by Alderman Vaughan and carried by the following vote: Yeas: Aldermen Hale, Hall, Bonner, Vaughan, Meissner and Thacker. Nays: None. - - - - - - - - - - Moved by Alderman Thacker that the Dedication Plat of Sun Valley Addition, Section One, 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 Hale and carried. - - - - - - - - - - Moved by Alderman Meissner that the Board of Aldermen does hereby authorize the execution of a Pipe Line Contract by and between the City of Wichita Falls and the Fort Worth & Denver Railway Co. for a sewer pipe along the Fort Worth & Denver right-of-way from opposite Milepost W-4,26 to opPosite-MilePost W-4-30., Wichita Falls Wichita County Texas, for a consideration of $1.00, payable in advance; further authorizes Mayor K. C. Spell to execute the same for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Hale and carried. - - - - - - - - - - Moved by Alderman Thacker, in view of the fact that Warren's Village Inn is in receivership, the Board of Aldennen does hereby accept the recommendation of Ben Armstrong., Tax Assessor & Collectoro and authorize the City to accept the sum of $485-33 in full for city taxes against the said Warren's Village Inn, for the years 1952 through 1957, Motion seconded by Alderman Hale and carried, with Alderman Bonner voting No. - - - - - - - - - - Moved by Alderman Meissner., in view of the fact that F. M. Rugeley states that drainage on the west side of Fairway Blvd. will no longer be needed, and recommends release of the same., the Board of Aldermen does hereby direct that proper instrument be drawn to properly release the said drainage easement on the west side of Fairway Blvd. and authorize and empower Mayor K. C. Spell. or City Manager H. A. Thomason to execute the said release for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Thacker and carried, - - - - - - - - - - Moved by Alderman Hale that the Board of Aldermen does hereby authorize payment ,to Joe E. Ward, Consulting Engineer, the sum of $34.12 for engineering services rendered in connection with Water Bond Improvement, Section 3. and direct the City Clerk to draw a check 284 for the same, payable out of Water Bond Improv, Ser. 1955 Fund. Motion seconded by Alderman Bonner and carried. - - - - - - - - - - Moved by Alderman Vaughan that the claim against the City, approximating the sum .,' of $20,620.00, for damages sustained by Fred Knox Campbell III., age 9., as alleged by Attorneys Banner & Kouri, notice of whidh was filed in the Office of the City Clerk July 17, 1958, be and the same is hereby referred to the City Attorney, J. Walter Friberg, for investigation. Motion seconded by Alderman Bonner and. carried. - - - - - - - - - - City Attorney,, J. Walter Friberg., gave a verbal report to the Council to the effect that it is the province of the City Council, if they care to do so, to name all streets within the corporate limits. - - - - - - - - - - Moved by Alderman Hall that the Board of Aldermen does hereby authorize tax refunds, as follows: To Ralph Schoolfield $ .67 for taxes paid on the wrong -)roperty for year 1957. J. A. Little 6.40 on account of double payment on an automobile for the year 1957. W. G. Ireland 17.76 on account of payment on Lot 1., Block 9., Barwise & Jalonic Addn. for year 1957, which he did not own. Nick Karr .96 for 1957 taxes on an auto which he did not own Jan. 1, 1957. Gary L. Pursely 1,28 for 1957 taxes paid on an auto which was out of the city limits at 1304 - 24th St.; further, to authorize and direct the City Tax Assessor & Collector to issue refunds to each of the above stated, Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - Moved by Alderman Hall that the Board of Aldermen does hereby authorize tax /cancellations on personal property in the amount of $4459.01 per tax Adjustment Schedule #1031, copy of which is attached hereto and made a part of the records hereof. Motion seconded by Alderman Vaughan and carried. - - - - - - - - - - XJ- MOM r tion- SaGOPAed by A14ermaa Banner mtd es— - - - - - - - - - - - - Moved by Alderman Bonner that the Public Hearing of the Urban Renewal Project ,,be and the same is hereby continued and/or extended until the next meeting scheduled to be held August 1-1. 1958, Motion seconded by Alderman Thacker and carried. - - - - - - - - - - Moved by Aldermax0onner that the Board of Aldermen does hereby agree to enter into a Preceedings Contract with First Southwest Co. for the purpose of process;-a a Water Bond Plant issue when and at such time as the Water Bond issue election actually carries. Motion seconded by Alderman Meissner and carried. - - - - - - - - - - Dr. Paul Collins appeared before the Council and requested that the New Freeway now under construction be named for Walter D. Cline. - - - - - - - - - - 285 Moved by Alderman Thacker that the Board of Aldermen does hereby 4, pprove and adopt the Plat of Edgewater Point, Archer County, Texas, copy of which is attached hereto and made a part of the records hereof. I-lotion seconded b,T Alderman Bonner and carried. - - - - - - - - - - Moved by Alderman Thacker that the meeting be adjourned. Motion seconded by Alderman Bonneroand carried. The Board of Aldermen then adjourned. APPROVED this the J�__day of 1958. Mayor AXTEST: C-i-4 C1 erk OFF-ICE OF CZy CLERK December 9., 1957 Honorable Ma7or and Board Of Aldermen Texas -1.1 Geo. To Henderson-9 CitY Clerk Of the 10 do hereby Cj-ty Of lilichita Falls certifY that the Referendum Petition of ordinances Mos. p seeking repeal Petitioners: 1791 and 1792, as submitted bY the following Everett Hughes Chairman Harry Joiner Claude Xitchie Forrext Tillman filed in the J- R. Wallis Off'ce Of the CitY Clerk at 11-10 November 27 has been duly checked as to 1957J to be sufficient. signatures Of qualifi ed 110ter8 and found Official checking was cOmPleted at 4-44 P11 December 3. .1957. Respectf submitted CitY Clerk "OLO'N PRATUMIZIT011 CHAS. PnAT11-MRSTON. ZI, JAAfLS D' -PEATa—VIISTON REALTOP,S IIVSTjR0.RS BUILD.ERS lomftr-'� PTIA and Of LOAN.9 91E3 EiGHTfq 14 M PHONE: 3-137-57 WICH'-rA PALLS,TEXAS Decernber 6, 1957 Mr. Steve Taylor City Planning 114ernorial Aud Engineer ito.riur Wichita Falls n , Texas Dear Mr. Taylor: Re: Shore Line Estates We have a c opy of the letter Dr. COX wrote YOU dated December 4 concerning the above proposed subdivision. We are agreeable for the subdivision the City Council in conformity to be app roved by with Dr. Cox,s letter. YO s very truly, s v 4YO er'y truly, 01 O� r r s WOY Broa dway SRF:gh cc: E- Aubrey Cox, M D. Acting Director Wichita Falls Health DepartMent December 4. 1957 "Mortal Auditonum 3t*v'e T&Jrlor, Pl"US Engineer Wichita Fan,a Texas Dear mr. TAYlort only two port Partmeut for Installtic, Of individual $*wag* disposal i0sn'suobfj "'It one of the 3hors Line Estates can be aj)pr by the Health D. This approval 1, below. ect to 4 deed res oved -Ah'S two Acceptable areas triction which will be stAted this date are located ,,,On the pr*11minary, "tod As Sugge Point* Th g the Sbore .114, plat Which I have in ham inary Plat And . * 4COOPtable lots east of the PM There are a tot re 'lumbered lot, 2 t Are - U8111-4 degi,. in Block 2 of the Block 2 are notal of tweftt'r�tvo &Ocephtftabu.911 12 And lots 3.9 thrcuo 29. is acceptable, accqptabl*� I* lots Prelim.. The --- and none of the rest 'OfLOts 13 through 3.8 in jaenteoloause in the deed rest the Plat Presented . Savage dis notion should Inc., Health Depart,,,,t.POS&l for each lot ude the rollo" require.. t*at nut If a soptjo tw* must be Approved b be y the V to be pla P*rf*ftod in th Joh1ta Oed and the plans a* arm where the is to be Installed a percol&t the tank tile absorpti Ion And absorption Pprov�ed by the Health D 'nsPOOted field on field in AM Approved by this's COV'ftled wl epart"At Before Health th dirt, the arst Sincerely yours t Departza�t, ;a must be Aubrey cox P 14.D. Acting Director RACtmi "Ir- Xilbum Nutt Mr. Bob )kthows Rr" Henry A. Tho"Son 17V -4r- Office Of C[Ty 0 I)EPART)4E;XT 42 1: '"'C1411A PALLS O'v PUBLIC WORKS e,"�er ot'Vrea", %7CRMA rALIS, December 6, 1957 Mr* George Henderson CitY Clerk Wichita Fallgp Texas Concerning: Shoreline Estates Addition Dear Mr. Henderson: Plat revisions as requested have been made* The requ. by the Planning Board Depart,ments have also bee Irements Of the Health and subdivision. n fulfilled regardin, this Park APProval is reconmended. Very tru-1Y Yours, F. Rugele3r M:ah Director of Public Works CITY OF WICHITA FALLS INTER-OFFICE MEMORANDUM TO: MR. STEVE TAYLOR, PLANNING ENGINEER DATE: DECEMBER 71 1957 FROM: MR* C-O# SMITH, JR. SUBJECT: PARK DEVELOPMENT IN SHORELINE ESTATES COMMENT: IN CONNECTION WITH THE DEVELOPMENT OF THE SHORELINE ESTATES BY MR. SOLON R, FEATHERSTON REAL ESTATE, WE ARE IN RECEIPT OF A LETTER DATED NOVEMBER 7, 1957 FROM THE ABOVE COMPANY. THE PARKS AND RECREATION DEPARTMENT HAS BEEN ASSURED THAT AN AREA WILL BE SET ASIDE IN SOUTHWEST CORNER FOR PARK DEVELOPMENT. THE ACREAGE WILL COMPLY WITH RESOLUTION # 114. THIS AGREEMENT IS SATISFACTORY WITH THE PARKS AND RECREATION DEPARTMENT. R, C. 0 Z. m I T Z14 Hi Jk. SUPERINTENDENT OF /PARKS