Min 12/13/1948 569
Wichita Falls, Texas
Memorial Auditorium Building
December 13, 1948
The Board of Aldermen of the City of Wichita Falls, Texas, met in regular
session on the above date at 7-30 o'clock P. M. in the Council Room in the Memorial
Auditorium, with the following members present:
Harold Jones Mayor
C. A. Spragins
d Edward G. Kadane Q
E. J. Wininger Aldermen
J. R. Ray
John C. Coffey
II, B. C. Hunter
C
G. D. Fairtrace City Manager
Edwin Luecke Assistant City Attorney
Geo. T. Henderson City Clerk
The Minutes of the regular meeting held November 22nd, 1948, were read
and approved as read.
Moved by Alderman Spragins that the Board of Aldermen authorize payment
to the City Tax Collector the sum of $52.69 to pay taxes previously and erroneously
certified to by City Tax Collector as follows:
Lot 18, Block 16, Scotland Addition, inclusive of the City, School
and College for the year 1945, $6.63
Lot 2, Block 4, Jalonic Addition, inclusive of the City, School
and College for the year 1947, 46.06
and to direct the City Clerk to draw a warrant for the same, payable out of the
Tax Certification Fund.
Motion seconded bt Alderman Wininger and carried.
Moved by Alderman Coffey that the Board of Aldermen authorize the
acceptance of the sum of $24.00 from the Wichita Falls Sailing Club, Inc.,
being the annual rent&l due on a certain tract of land at Lake Wichita by
virtue of a certain contract entered into by and between the City acid the Wichita
Falls Sailing Club, Inc. October 26, 1946.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Wininger that the request of L. J. Bradford for a
refund on his whiskey license dated August 31, 1948, be refused and rejected.
Motion seconded by Alderman Coffey and carried.
The resignation of L. H. Shelton as a member of the Board of Adjustment
of the Zoning Commission of the City was read to the Council by the Clerk.
No appointment to fill the vacancy was made at this time.
Moved by Alderman Spragins that ihe Board of Aldermen approve the
Contract as read to the Council, wherein the Wichita Falls Homestead Association
agrees to transfer and assign to the City of Wichita Falls all its right, title
and interest in and to the entire water distribution system in what is commonly
known as the Wichita Gardens, for a consideration that the City shall furnish
water to the said Wichita Falls Homestead Association at the same rate charged
to all water consumers outside the city limits, and other considerations as
recited in the assignment.
Motion seconded by Alderman Ray and carried.
570
Moved by Alderman Spragins that the Board of Aldermen approve and
authorize the execution of an oil and gas lease to H. M. Kelleher and F. P.
Timberlake covering the following described tract of land, for a period of
one year, for a consideration of $10.00 and other consideration as hereinafter
set forth; and to authorize the City Manager G. D. Fairtrace to execute the
said lease for and on behalf of the City of Wichita Falls:
Beginning at a point in the East boundary line of the ATTIC Survey No.
111 being also the West boundary line of the ATNC Survey No. 112 and 127 feet
North of the Southwest corner of said Survey No. 112 and the Southeast corner
of Survey No. 111. THF,NCE North 34 degrees 30 minutes West along a line 300
feet from and parallel to the center line of the Lake Kickapoo Dam, 2366.0 feet
to a point. THENCE East 1340.2 feet to a point in the East boundary line of ATTIC
Survey No. 111. THENCE South along the East boundary line of Survey No.. 11l .and
the West boundary line of Survey No. 112, 1953.0 feet to place of begi-Jiang.
and containing 30.04 acres, more or less.
It is agreed that 6his lease shall remain in force for a term of one year
from this date, and as long thereafter as oil or gas, or either of them is produced
from said land by the lessee.
In consideration of the premises the said lessee covenants and agrees:
lst. To deliver to the credit of the lessor, free of cost, in the pipe line
to which they may connect their wells, the equal one-eighth part of all oil produced
and saved from the leased premises.
2nd. To pay the lessor one-eighth of the net proceeds derived from the sale of
gas at the mouth of the well for the gas from each well where gas only is found, a
while the same is being used off the premises, and lessor to "have gas free of cost 1
from any such well for all stoves and inside lights in the principal dwelling house
on said land during the time by making its oim connectiohs with the well at its
own risk and expense.
3rd. To pay lessor for gas produced from any oil well and used or sold off the
premises at the rate of one-eighth of the net proceeds derived from the sale of gas
at the mouth of the well, for the time during which such gas shall be used or sold.
Should the lessee desire to utilize casinghead gas coming from oil wells upon the
premises herein described for the purpose of manufacturing gasoline, lessee shall have
the privilege of so doing by paying the lessor one-eighth of the proceeds derived
from the sale of said casinghead gas at the mouth of the wells.
In addition to the regular one-eighth (1/8th) royalty provided herein the lessor
reserved unto itself, its successors and assigns as an over-riding royalty one-
sixteenth (1/16th) of seven-eighths (7/8ths) of the oil, gas and other minerals
that may be produced under this lease, to be delivered into the pipeline to which
the wells may be connected free and clear of all costs and expenses other than
ad valorum, gross production and sudh other taxes as may from time to time be assessed
against the same. g
This lease covers and includes all oil and gas and mineral rights to a depth f
of 1675 feet only, such oil, gas and mineral rights below a depth of 1675 feet are
expressly retained and reserved by lessor.
This lease, as to the land covered thereby, and that lease between the same
parties dated October 12th, 1948, covering 59.6 acres out of the J. M. Taylor
Survey No. 2 and the ATNC Survey No. 112, Archer County, Texas, of record in
Volume 213 at Page 229 of the Deed Records of Archer County, Texas, are hereby
consolidated as to spacing only so that the 89.64 acres may be taken as unit for the
purpose of spacing for the drilling of wells. There is no express or implied
covenant to offset a well that may be drilled on one of these tracts by drilling
a well on the other. Except as thus consolidated, the two leases mentioned above
remain entirely separate and distinct as written with the lessee required to in-
stall separate batteries of tanks on each lease.
Motion seconded by Alderman Kadane and carried.
ii
Moved by Alderman Ray that the Board of Aldermen accept a deed I
executed by Mattie and William Davis to the City of Wichita Falls, covering the
following described tract of land:
E
Out of Block No. 8, J. A. Scott Survey No. 12, Abstract No. 296, more 6
particularly described by metes and bounds, as follows:
Beginning at a point in the east line of Holland Street, 25 feet east of
the Southeast corner of Lot No. 1, Block No. 4 of the Blackmon & Williams Second
Addition to the City of Wichita Falls, Texas;
Thence east 630 feet, more or less, to the west bank of Holliday Creek;
Thence south 50 feet along the west bank of Holliday Creek;
Thence west 214 feet, more or less, to a point 416 feet east and 50 feet
south of the point of beginning;
571
Thence south 723 feet, more or less, to the north line of Harding Street;
Thence west 50 feet along the north line of Harding Street;
Thence north 723 feet, more or less, to a prolongation of the south line
of Tulsa Street; Thence west 366 feet along prolongation of the south line of Tulsa
Street to the east line of Holland Street; Thence north 50 feet to the place of
beginning, containing within these metes and bounds 1.55 acres of land, more or less;
the purpose of this deed being to assign the above tract of land to the City for
street purposes only.
Motion seconded by Alderman Wininger and carried.
i
! Moved by Alderman Wininger that the Board of Aldermen authorize the
issuance of a permit to the Humble Oil & Refining Co. to install two - 6000 gallon
underground gasoline storage tanks at Ponds Estates place of business located at
Scott & Wichita Streets; providing the same are installed under the direction of
the City Engineer.
Motion seconded by Alderman Kadane and carried.
Moved by Alderman Spragins that the Board of Alderman authorize the
payment of the sum of $100.00 to Mr. J. A. Maag for preliminary improvements made
at Florence Stone Blvd and Avenue G, prior to the passage of the Planning and
Zoning Ordinance, and which improvements were abandoned by request of the City
and the City Schools; it appearing that the total amount spent on the above
mentioned project was 3275.00, of which amount the schools have agreed to pay
$175.00, and the remaining $100.00 to be paid by the City; and further that the
City Clerk be directed to draw a warrant for the amount of the City's portioh.
Motion seconded by Alderman Kadane and carried.
Moved by Alderman Hunter that permission be granted to S. N. Allison
to display shrubbery in the park-way on 12th Street, from the alley to Travis
Street, from the present time and June 1, 1949.
Motion seconded by Alderman Wininger and carried.
Moved by Alderman Ray that the Board of Aldermen authorize the execution
of a pipe line license by and between the City of Wichita Falls and the Fort Worth
& Denver City Ry Co. for the construction of a 10 inch sanitary sewer line under
the Denver tracks at Mile Post No. 115.93, for consideration of $1.00, and to
authorize and empower Mayor Harold Jones, or the City Manager, to execute the
said pipe line License for and on behalf of the City.
Motion seconded by Alderman Kadane and carried.
Moved by Alderman Ray that the Board of Aldermen authorize payment of the
sum of approximately $16,500.00 to General Electric X-Ray Corporation, Jno Oechsner
Electric Co., Morrison Supply Co., Wichita Lumber Company, and others, for the
installation of certain x-ray equipment at the Wichita General Hospital, and to
direct the City Clerk to draw warrants for the same, upon like payment by Wichita
County.
Motion seconded by Alderman Wininger and carried.
1
572
Moved by Alderman Hunter that the meeting be adjourned.
Motion seconded by Alderman Ray and carried.
The Board of Aldermen then adjourned.
z
READ AND APPROVED this the 20th day of December, A. D. 1948.
Mayor
ATTEST:
City Clerk ---- -
I