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Min 10/23/1944 136 Vichita Falls, Texas Memorial Auditorium October 23, 1944 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session at 7:00 o'clock P. M. on the above date in the Council Room in the Memorial Auditorium Building with the following members present: W. B. Hamilton, Mayor C. A. Spragins, E. J. Wininger, W. Ralph Hyer, Aldermen J. M. Baber, 0. G. Stephens, G. D. Fairtra4ce, City Manager T. A. Hicks, City Attorney Geo. T. Henderson, City Clerk Mayor Hamilton announced a quorum present and that the Council would proceed with the regular order of business. The Minutes of October 16, 1944, were read and approved as read. ORDINANCE NO. 1292 AN OPDINAXE AMENDING SECTION 1-901 OF TITLE 1, CHAPTER 9, OF THE CODIFICATION OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, ADOPTED BY ORDINANCE 1315 PASSED AND APPROVED ON THE 6TH DAY OF JANUARY, A. D. 1941 SO THAT SAID SECTION SHALL PROVIDE FOR ONLY ONE REGU ,LAR MONTHLY MEETING BY THE BOARD OF ALDERMEN TO BE HELD ON THE SECOND MONDAY OF EACH CALENDAR MONTH. Moved by Alderman Hyer that Ordinance No. 1392 be adopted as read and passed on its third and final reading. vote: Motion seconded by Alderman Stephens and carried by the following Yeas: Mayor Hamilton, Aldermen Spragins, Hyer and Stephens. Nays: None. Aldermen Wininger and Baber were not present at this time. ORDINANCE N0. 1393 AN ORDINANCE AMENDING SECTION 6-1509 OF THE CODIFICATION OF ORDINANCES OF THE CITY OF WICHITA FALLS, TEXAS, 1941, ADOPTED BY ORDINANCE NO. 1315 PASSED AND APPROVED ON JANUARY 6, 1941, AUTHORIZING THE CITY CLERK TO ISSUE A CHAUF- FEUR'S LICENSE UPON APPROVAL OF THE APPLICATION BY THE CITY MANAGER AND PROVID- ING FOR AN APPEAL TO THE BOARD OF ALDERMEN BY AN APPLICANT UPON DISAPPROVAL OF HIS APPLICATION BY THE CITY MANAGER. Moved by Alderman Spragins that Ordinance No. 1393 be adopted as read and passed on its third and final reading. vote: Motion seconded by Alderman Stephens and carried by the following Yeas: Mayor Hamilton, Aldermen Spragins, Hyer and Stephens. Nays: None. Alde men Wininger and Baber were not present at this time. 137 Moved by Alderman Spragins that the Board of Aldermen approve for pay- ment a Wichita General Hospital bill for charity patients during the month of September in the amount of $551.25, and order the City Clerk to draw a warrant in payment of the same, upon like payment by Wichita County. Motion seconded by Alderman Wininger and carried. Col. W. T. Knight, Ed Howard, Oral Jones, Pat Simmons, Rhea Howard, Alan T. Bryce and Grover Bullington appeared before the Council expressing their opinions that the Council should proceed without further delay to purchase the land for the new water reservoir and urged the Council to accept the offer of Mr. Parkey to sell his land at the compromise figure of $40.00 per acre. Moved by Alderman Hyer that the Board of Aldermen authorize the pur- chase of the necessary land for the new water reservoir from J. R. Parkey as proposed by Mayor W. B. Hamilton for a consideration of $40.00 per acre, and further instruct the City Manager to proceed at once to close the transaction. Motion seconded by Alderman Wininger and carried, Alderman Baber voting no. Moved by Alderman Stephens that the Board of Aldermen authorize and order the City Clerk to draw a warrant payable to J. B. Parkey in the amount of $185,105.60, being the purchase price of 4,627.64 acres of land fee simple title for the new water reservoir in Archer County, Texas. Motion seconded by Alderman Hyer and carried. Moved by Alderman Spragins that the Board of Aldermen authorize the issuance of chauffeur's licenses to C. C. McKee, W. E. Hightower, F. C. Brooks and W. B. Briscoe. Motion seconded by Alderman Stephens and carried. Moved by Alderman Stephens that the Board of Aldermen refuse and deny issuance of chauffeur's license to Don A. Fox. Motion seconded by Alderman Wininger and carried. RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CONDEMN CERTAIN PROPERTIES AND LAND DESCRIBED HERE- IN SITUATED IN ARCHER COUNTY, TEXAS, AND BEING OW1MD BY MR.S. E. W. (VIOLA) HUNT, FURTHER PROVIDING THAT THE FEE SIMPLE TITLE TO THE LANDS AND PROPERTY SHALL BE CONDEMNED. WHEREAS, the City of 1iichita Falls, Texas, and Mrs. E. W. (Viola) Hunt have been unable to agree upon the value of the land and property, hereinafter described, or the damages occasioned by the acquisition of such land and property by the city to be used in the construction, erection and maintenance of a water supply reservoir and lake; NOA, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. 138 SECTION 1. That the City Attorney be, and he is hereby, directed to immediately institute condemnation proceedings to acquire the fee simple title to the following described lands and property and the riparian rights attached thereto, located and situated in Archer County, Texas, and owned by Mrs. E. W. (Viola) Hunt, to-wit: Certain tracts or parcels of land in Archer County, Texas, being all of the eight (8) certain tracts or parcels of land as described in a deed from the Texas Land and ipiortgage Company, Limited, to E. W. Hunt, dated January 8, 1938, and recorded on page 458 in Volume 173 of the deed records in Archer County, Texas, containing ' 2413.3 acres of land, more or less, and being out of the following surveys: B. Mordecia, Abstract 290, part of J. M. Taylor Survey No. 4, Abstract 652, and J. M. Taylor Survey No. 3, Abstract 655. R. Carson Survey, Abstract 750, George bond Survey, Abstract 25; J. D. Lyles Survey, Abstract 1105; all of the T. Puckett original burvey, Abstract No. 719; S.P.R.R. Company Survey, Abstract 440, Powell and Gage Survey, Abstract 731, T. Puckett Survey Abstract 718. SECTION 2. That the City acquire the fee simple title to said land and property and that it acquire also all riparian rights attaching to said land and property for the reason that said land and property is to be used for the construction, erection, and maintenance of a water supply reservoir and lake to furnish water for the water works system of the City of Wichita Falls, Texas, and is necessary that the fee simple title to said land, and riparian rights, be so acquired so that the inhabitants of the said city shall be furnished with a supply of wholesome water, and said water supply be protected. Moved by Alderman Stephens that the above and foregoing resolution be adopted and passed as read. vote: Motion seconded by Alderman Spragins and carried by the following Yeas: Aldermen Spragins, Wininger, Hyer, Baber and Stephens. Nays: None. RESOLUTION A RESOLUTION AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO CONDEMN CERTAIN PROPERTIES AND LAND DESCRIBED HEREIN SITUATED IN ARCHER COUNTY, TEXAS, AND BEING OWNED BY MRS. J. H. (ALLIE) TURRE- VILLE, FURTHER PROVIDING THAT THE FEE SI'v1PLE TITLE TO THE LAND AND PROPERTY SHALL BE CONDEMNED. WHEREAS, the City of Wichita Fa11s, ITexas, and Mrs. J. H. (Allie) Turbeville have been unable to agree upon the value of the land and property, hereinafter described, or the damages occasioned by the acquisition of such land and property by the City to be used in the construction, erection and maintenance of a water supply reservoir and lake; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALIS, TEXAS: SECTION 1. That the City Attorney be, and he is hereby, directed to immediately institute condemnation proceedings to acquire the fee simple title to the following described lands and property and the riparian rights attached thereto, located and situated in Archer County, Texas, and owned by Mrs. J. H. (Allis) Turbeville, to-wit: 139 Certain tracts or parcels of land out of R. Carson Surveys No. 174, Abstract No. 108, Survey No. 175, Abstract No. 109, Survey No. 178, Abstract No. 104, and Survey No. 173, Abstract No. 107, and the S.A. & M.G. Survey, Abstract No. 447, Archer County, Texas, more fully described as follows: Tract No. 1. Beginning at the SW Corner of R. Carson Survey No. 175, Abstract No. 109, a stone and iron pin for corner, and running thence East with the South boundary line of R. Carson Survey, Abstracts No. 109 and No. 108, and the North boundary line of J. Hensley Sur- very and North boundary line of B. P. Cochran Survey, 6438.6 feet to a point; thence No. 380 00' E 1200 feet to a point; thence North 1J50 feet to a point; thence N. 400 36' W. 922 feet to a point; thence N. 160 19' E. 2136 feet to a point; thence N. 750 051 W. 1640 feet to a point; thence North 250 feet to an interior NW Corner of S. A. & M.G. Survey, Abstract No. 447, same being the SE Corner of B. E. Mordecia Survey, Abstract No. 290; thence West with the North boundary line of S.A. & M.G. Survey, Abstract No. 447, and the North boundary line of R. Carson Survey No. 178, Abstract No. 104, and the South boundary line of the B. Mordecia Survey, Abstract No. 290, 5864 feet to a two inch iron pipe in fence corner; thence S 40 291 E. 1731 feet to a point; theme S 50 18' E. 988.7 feet to a point in North line of J. D. Lyles Survey, Abstract No. 2105; thence East 80.5 feet to a stone on the West boundary line of Robert Carson Survey No. 175, Abstract No. 109; thence South with the East boundary line of J. D. Lyles Survey, Abstract No. 1105, and the West boundary line of R. Carson Survey No. 175, Abstract No. 109, 2720 feet to the place of beginning, containing 857.7 acres of land, more or less. Certain tracts or parcels of land out of S.A. & M.G. Survey, Abstract No. 447, Archer County, 'Texas. Tract No. 2. Beginning at the most Easterly W. Corner of S.A. & M.G. Survey, Abstract No. 447, same being the NE corner of B. E. Mordecia Survey, Abstract No. 290, an iron pipe for corner, and running thence South with the West line of S.A. & M.G. Survey, Abstract No. 447, and the East boundary line of B. E. Mordecia Survey, Abstract No. 290, 2026 feet to a point; thence N. 700 00' E. 1915.5 to a point; thence North 1370.0 feet to a point in North boundary line of S.A. & M.G. Survey, Abstract No. 447, and the South boundary line of J. Taylor Survey, Abstract No. 655; thence West with the North boundary line of S.A. & M.G. Survey, Abstract No. 447, and the South boundary line of J. Taylor Survey, Abstract No. 655, 1800 feet to the place of beginning, and con- taining 70.2 acres of land, more or less. Certain tracts or parcels of land out of R. Carson Surveys No, 154, Abstract No. 80, and No. 153, Abstract No. 81; the McKinney & Williams Survey, Abstract No. 314, Archer County, Texas. Tract No. 3. Beginning at the most Westerly NNd Corner of R. Carson Survey No. 154, Abstract No. 80, and run- ning thence South with the West boundary line of R. Carson Survey No. 154, Abstract No. 80, and the East foundary line of J. Taylor Survey, Abstract No. 655, and at 2239.1 feet pass stone the SW Corner of R. Carson Survey No. 154, Abstract No. 80 and at 2901.6 feet pass iron pin; the SE Corner of J. Taylor Survey, Abstract i a 140 a 140 No. 655, and continuing South a total distance of 3233.1 feet to a stake for corner in McKinney & Williams Survey, Abstract No. 314; thence East 2000 feet to a point in R. Carson Survey, Abstract No. 81; thence North 3233.1 feet to a point in North boundary Line of R. Carson Survey No. 1541, Abstract No. 80; thence West with North boundary line of R. Carson Survey No. 154, Abstract No. 80, 2000 feet to the place of beginning, and in all containing 1076.3 acres of land, more or less. SECTION 2. That the City acquire the fee simple title to said land and property and that it acquire also all riparian rights attaching to said land and property for the reason that said land and property is to be used for the construction, erection, and maintenance of a water supply reservoir and and lake to furnish water for the waterworks system of the City of Wichita Falls, Texas, and is necessary that the fee simple title to said land, and riparian rights, be so acquired so that the inhabitants of the said city shall be furnished with a supply of wholesome water, and said water supply be protected. Moved by Alderman Stephens that the above and foregoing resolution be adopted and passed as read. vote: Motion seconded by Alderman Spragins and carried by the following Yeas: Aldermen Spragins, Wininger, Hyer, Baber and Stephens. Nays: None. Moved by Alderman Spragins that the meeting be adjourned. Motion seconded by Alderman Stephens and carried. The Board of Aldermen then adjourned. READ AND APPROVED this the 30th day of October 19". Mayor ATTEST: Cilty Clerk 141