Min 05/08/1941 562
Wichita Falls, Texas
May 8, 1941
1
i
i
The Board of Aldermen of the City of Wichita Falls, Texas met
in special session on the call of the Mayor, on the above date at
1:00 o'clock P. M. with the following members present:
3
I
W. E. Fitzgerald, Mayor
W. Ralph. Hyer, Q
H. T. Naylor,
V. E. Stampfli , Q Aldermen
Tes. M. Williars, Q
Frank Wrlf,, 0
T. H. Crouch, City Clerk
T. A. flicks, Cite Attorney
CIVIL AERONAUTICS ADMINISTRATION
RESOLUTION ACCEPTING KA OFFER OF AID IN
THE DEVELOPEENT OF THE MICHITA FALLS b9UNICIPAL AIRPORT - KELL
FIELD AIRPORT, MODE BY THE UNITED STA'ES OF AMERICA THROUCGi
THE A11q. NISTRATOR OF CIVIL AERONAUTICS OF TPE DEPARTHEFTT OF
COU2 ERCE AND PROVIDING CERTAIN AS2URANCES AND COVENANTS IN
CONSIDERATIOE THEREOF.
VEEREAS, the Administrator of Civil Aeronautics of the United States Department
of Commerce, through the Regional Manger of Civil Aeronautics, P. 0. Box 1689,
Fort Werth, Texas, advises that the development of the Wichita Falls Municipal.
Airport - Kell Field Airport in the approximate amount of $50,000 has been
approved by the Board composed of the Secretaries of War, Navy and Commerce as
necessary to national defense for inclusion in the construction tmogrem authorized
by Public No. 81.2, 76th Congress, approved October 9, 1940.
WHEREAS. the un3ertaking of this development is continent on the fulfillment
of certain conditions, to-wit:
1. That the City of Wichita Falls through its properly constituted officials
Provide evidence that it has title or will obtain title prior to construction
bein placed underway to the requisite land for the project.
2. That the City of Wichita Falls agrees to accept full responsibility for the
I maintenance of the improved e i rport.
s
3. That the City of Wichita Falls agrees to accept full responsibility for the
operation of the improved airport as a public airport in the public interest.
4. That the City of Wichita Falls agrees to protect the aerial approaches to
the airport to the full oxtent of its lentil ability.
5. That the City of Wichita Fails agrees to cooperate vith the Civil Aeronautics
Administration in the orderly Prosecution of the proposed Nork.
6. That the City of Wichita Falls agrees to hold the United States harmless from
a l claims and damapes which may arise from the construction operations but are not
a definite part thereof.
WlMEAS, the Proposed development would be to the adventnge and benefit of the
City of Wichita Falls,
i
563
NOW TrIEREFORE, EE IT RESOLVED BY`PIE Ci ty Council. of the City of
Wichita Falls,
SECTION I. That the City of Wichita Falls, hereby anrees, subiect to
the United States unryertakins the development of the 'Wichita Falls
Muni.cinal Airport - Kell Field Ai rnort at an Anpm ximat e cost of $50,000.00..
as follows:
REPRESENTA'I't ONS .AND WARRANTIES
(a ) That the City of Wichita Falls owns and possesses title in fee
simple to the lands comprising the landing area of the Wichita Falls
Municipal Airport - Kell Field Airport, together with all other lands to
be improved under the project or will acquire title in fee simple to these
lands without delay, which lands are more particularly described herewith by
metes or bounds (which Lands are shown herewith on Exhibit "At') :
(b) That the City of IM.ebita Falls has the power and authority
under the laws of the State of Texas to perform all of its obligations
hereunder.
SECTION II. That the City of Wichita Falls agrees to permit the agents
of the Government and all contractors or sub-contractors engaged directly rr
indirectly in carrying out the uro ject, including their agents and employees
to enter upon, use and occupy the airport as may be deemed by the Government
to be necessary or desirable in the conduct of the proiect.
SECTION III. OVdNERSHIP OF I1,:PRCVE14ENTS
f
That all improvements made under the proiect shall be the sole and I
absolute pronert.y of the City of Wichita Falls, except where specifically
aF-reed otherwise prior to the undertaking of the improvement or in;tallation.
SECTION IV. DA1NTENkNCE OF AIRPORT FACILITIES
That the City of Wichit= F91I s a rees to accent full responsibility for f
the maintenance of the Vnchita Falls Municipal. Airport, to include all work
undertaken under this proiect by the United States of America.
SECTION V. THE OPERATION CF THE AIRPORT
That the City of Wichita Falls agrees to accent full responsibility for
the operation of the Wichita Falls Municipal Airport for the use and benefit
of the public on reasonable terms and without unjust di,-crimination and to
-rant no exclusive right therein contrary to the provisions of Section 303
^f the Civil Aerorauti cs Act. of 193P.
i
SECTION VI. P2EVEtMON CF HAZARDS
That the City of VP-chitn Fa'1G ar,rees, i.nsofnr as is reasonably possible
and within its ?e�-al ebi lit-v, to rrrtect the aeriA.l approaches to the airport
from the erection of structures or from firowth tending to render the �_.se of
the airport dannerous to aircraft and that it will not erect on the alrnnrt
or permit to be erected, ante structure or building which wi' 1 limit the
usefulness of the nirrort or constitute a hazard to aircraft usinL- the air-
nort•
SECTION VI I. CO CPE-1 ATI ON
i
That the City of Wichita. Fa11s agrees to coorerate vdth the Civil
Aeronautics Administrgtion in the ord.erl,r prosecution of the project.
SECTION VIII. RELEASE FRCP' CLAII.SS
That the Ci t,r of Wichita Falls arrrees to hold the United States harmless
from any and all claims or daTrages which may arise from the construction
activities of the 'tni+ed S'- tes but are not a definite cart thereof.
SECTION IX. CERTIFICATION
That the City Cl_er!�, 7. H. Crouch, is hereby authorized and directed
to ;end to the Administrator through the Regional Manager rf Civil Aeronau-
tics. P. O. Box 1689, F-rt. 'W'nrth, T-Yas, three certified conies of this
resolution with three ^ertifi ed conies of an extract of the minutes of the
meetin7 of this City Council show;nr, all nroceedinrs in connection with the
ndorti on of this resolution.
564
EXHIBIT "A"
Field notes of Airport Site out of
Lewis Wells Survey, Abstract 323, and
k R. Brown Survey, Abstract 521,
Wi chi to County, Texas.
i
Beginning at a point in the East right-of-way line of U. S.
Highway No. 70, said point being 70 ft. distant, at right angles, from
the center line of said Hi tiv.ay as now constructed, and said point also
being 5012.5 feet South and 5228.4 feet West of the Northeast corner of
the Lewis Wells Survey, Abstract 323, Wichita (;ount ,r, Texas:
Thence East, at 5228.4 ft. oass the division line between the Lewis
Wells and the R. Brown Surveys, in all a distance of 5738.4 feet to corner:
Thence North 500 58' West at 656.6 ft. pass division line between
Lewis Wells and H. Brown. Surveys, continuing on same course in all a
distance of 1577.2 feet to a corner:
Thence North 2168.8 feet to a corner;
Thence West 1080.0 feet to a corner:
Thence North 940.0 feet to a corner in the North line of the Lewis
Wells Survey;
Thence West 2573.3 feet along said North 1.1ne of Lewis Wells Survey
to a corner:
Thence South 4032.5 feet to a corner:
Thence 'M�st 860.0 feet to a corner in the East right-of-way line of
U. S. High way No. 70, said corner being 70.0 feet distant from the center
i
Line of said Highwav as now constructed;
Thence South along said East right-of-way line 980.0 feet to the
place of bep.inning, containing within these metes and bounds 457.9 acres
of land more or less.
R E S O L U T I O N /
That vhereas, on February 1, 1941, the City of Wichita Falls, Texas, a
Municipal Corporation, entered into a certain. lease contract with the United
States of Arericn, whereby it leased a tract of land, buildings, improvements
and appurtenances thereunto belonging, situated in Wichita County, State of
Texas, containing 604 acres of land, more or less, said land being a plot of
Around adjacent to Kell Airport and particularly described in said lease
contract, and
Vd-MREAG, the follovrl n�, described tract of land is a part of and included
in and covered by said lease to the U. S. Government, and described as follows,
towi t:
All of that certain tract or parcel of land out of R. Brown
Survey, Abstract 521 , Wichita County, T-xas, and rescribed
by metes and bolir�ls, as follows:
BEGI+ ZING nt a point in the West line of the R. Brown Su.--- rev,
Abstract 521 , Wichita. County, T-xis, said point beinp, also in
the E--�st line of the Lewis Wells Survey, Abstract 32.3, 1521.7
ft. North (7P the Snuthwest Corner of the R. Brown Survev: Thence
E- st 510 ft. to a corner; Thence North 500 ft. to a corner;
Tre.n_ce Wast 510 ft. to a corner in the Vest line of said R.
Brown Survev; Thence South alnnn the West 11 ne rf the R. Brown
Survey, and East line of the Lewis Wells Survey, 500 ft. to the
place of beminnir,g, containing within these metes and bounds
5.86 acres of land, more or less, and
i
i
565
WHEREAS, the Citv of Wichita Falls, Texas, has acquired fee
title to all of said 604 acres of Land, more or less, extent the
above described 5.86 Pere tract, and has been unable at this time to
acquire `,ee title to said rrorerty and furnish the United States
Government certificate of title, as required , and
WHEREAS, it is necessary to beein immediate work on the Techni-
cal Trainine School to be operated upon said leased lrrEmises.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERP,;EN OF THE
CITY OF WICfi ITA FAILS, TEXAS:
That .the City of Wichita F,.,lls does by these presents -rent and
authorize the United States District Engineer and all necessary employees
thereof to enter upon the hereinabove described rrenises for construction
purposes and to proceed with such construction immediately.
The City cf Wichita Falls does a�ee to indemnify the United States
of America against anv claim for damapes by reason o` the Government's
operation upon the premises and to save and hold harmless said United
States of America from any and all claims that might arise by reason of
the necessary operation of the Government incident to the occupation of
the premises; that as soon as possible the City of Wichita Falls will
acquire fee title to the above described tract of land and furnish the
United States of America a certificate of title free from my and all
claims and encumberances whatsoever.
PASSED AND APPROVED, this the 8th day of May, A. D. 1941.
CITY OF 11"'IC ?ITA FALLS
By 7.4 E. FITZC,E_
MAYOR
ATTEST:
T. H. CROUCH
CITY CLERK.
Moved by Alderman Vil.liams that the forepoin;n Resolution be
adopted.
Motion seconded by Alderm n Naylor and carried with the following
vote:
Yeas: Aldermen liver, Naylor, Stampfli, Williams and Wolf.
Nays: None.
Moved by Alderman Williams that the Board of Aldermen of the
Citv of Wichita Falls, T1 xas, authorize Mayor W. E. Fitzr-*erald to
execute for and on behalf of the City of Wichita Falls a certain inden-
ture made the 8th day of May 1941, between the Wichita Valley Railway
Co. , and the City of Wichita Falls, contai.nina 0.75 acres more or less,
leasinp- to the Citv for street purposes, tract of land 60 feet in width
being portion of Lots 1, 2, 3. 4, 6 and 7 in Block No. 224, rert of an
unnumbered ttianple lving betreen Scott Avenue and 15th Street South of
Mansion track of the Wichita Vallev Rai.lray Company, part of a vacated
alley in Block 224 and part of vacated section of 15th street lvinu east
of Scott Street: all in the original townsite of the Citv of Wichita
Falls , Wichita County, Texas.
Motion seconded by Alderman liver and carried.
s
566
Moved by Alderman Williams
- that the Board of Aldermen
9djourn.
Motion seconded by Alderman Naylor and carried.
The Board of Aldprren then adir-irned.
PASSED AND ARFROVED this the BVi dal, of L=av A. D. 1941.
1',AYOR
ATTEST:
CITY CLERK
6
i
f
1
i
1
9
f
i