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CC 1959-12-14 Minutes
MINUTES OF REGULAR COUNCIL ~~~ING NORTH RICHLAND HILLS, TE]CAS DECE~ER 14, 1959 The City of A®rth Richliuad Hills met December 14, 1959, at the Ci4io Center, Morggan Circle and Pipe Line Rd. xith the ~ta3-er Perry, or Pre Tem Zut3lek and Aldermen Franklin, Grane~, Rswe, and Zeller present. The meeting was called t© order at 7:45 P.M. The minutes of the last regular meeting were read and approved. The m4siutee sf the special meeting held November 30, 1959, were read. After one correction being the change of the dates for two payments for fire equipment from June 1, 1960 and June 1, 1861, to June 15, 196q and June i5, 1961. Mayor Perry xouldn't sign the minutes stating that he had never called the meeting to order and that he didn't preside over the meeting. Mr. Groner moved that the minutes of the special meeting held Nsvember 30, be approved as corrected. Ma`}rer Perry refused to entertain the °•~.otion and relinquished the Chair to Mayor Pro Tem Kutliok. Mayor Pro Tem r.al.led for a vote of those in agreement xith the Chair. Those fors Mr. Franklin and Mr. Rowe, these againsts 1[r. Groner, Mr. Kutilke, sc d Mr. Zellers. Mayor Pro Tem then called for a vote on the original question. Those voting fors Mr. Groner, Mr. Kutilek, and Mr. Zellers, againsts Mr. Franklin, Mr. Perry, and Mr. Rexe. The minutes of the Special Meeting held December 10, 1959, were read and approved . The audit was given, there being a question about "Goodwill and Adver- tising" and when Mr. Christopher was last paid. There being no further questions or cb~ections the audit was approved as read. There was a small discussion on street repair being done by Mr. Slate. The Mayor reported that Mr. Slate would be finished in a week, hoxever, there was still work tv be done. There was a question about the sign belonging to Mr. Cheatham on Colored e, xhich was discussed at the last council meeting. Mayor Perry reported that Mr. Cheatham had reduced the size of the sign and in his opinion the sign was neat and looked very nice. The Council xas in agreement xith the Mayor that they could see nothing wrong. ~dz~. Fred Morrow, a representive of the Voluntary Fire Department of Smithf ield was recognized. He explained t© the Council that the Fire Department had purchased additional bouts, coats and helmets, which rote hadly needey~, h~~ ~~ . ~ sr, this xould not increase the cost of the fire equipment the City had already agreed to buy. An amendment would be needod•to add the additional equipment to the Contract, Chattel Mortgage and Installment ATote. The Secretary of the Voluntary Fire Dept signed the Contract oa the bank along with the Fireman. He x1.11 come in the following day to sign where the Secretary of that organisation is required. A general discussion folloxed. Each Councilman read the Contract, Chattel Mortgage and Installment Note. Mr. Groner moved that the Gity purchase the assets of the Smithfield ioluntary Fire PAG$ 2: Department under the terms oP the agaeemsnt in the attached contract with the understanding that the n®wly purchased equipment will be itemised and put on the Chattel Mortgage as further security for payment of the note. Mr. Rowe seconded the motion, which passed unanimously. The Fire Department telephone number is AT4-1611. The matter of liabili ty insurance was discussed. Ne action was taken at this time. Mr. Renfro, Chairman of the Z©ning Commission was recognized. Mr. Renfro presented the plat of Haltom Ranchland Addition. He stated that a Public Hearing was held at the City Off ice November 28, 1959, and that no one could find any record of that meeting •r a l ist of the L ~ ~ , ,,,.ty- three petitioners. He further stated that he had promised those twenty-three people a letter stating when the plat would be presented to the Council. The petitioners were complaining about the lots that were to be classed "B" and the two lots proposed o©mmercial. Mr. Renfro pointed out that the pls-t had been changed and alI lets were Class "A" and no commercial lots at a].1. There were several lets 50 ~ ~ square Peet smaller than the ordinance requirements, but the Zeniag Commission felt this was an honest attempt by the Developers to comply with the •rdinance. The first tine the plat was presented to the Council there were a number of lots partly in Haltom City and partly in North Richland Hills. This has been c©rrected where as all lots are either totaly in Haltom City er North Richland Hills. A representive of the petitioners, Hugh Smith, stated that the citizens were satified with th• revised plat and had no further ob~ectiena. Mr. Renfro recommended that the Council approve the plat. After a general discussions Mr. - - Franklin moved that the Halton Ranchland A~'ditien }tat be approved. Mr. Graver seccnded the motion which carried unanimously. Since the City Secretary was not present, she will sign the plat the fwilowing day. Mr. Renfro and Mr. 1R. T. Ray presented a plat belonging to ldr. Lathami which was asking an extension of 100 Peet to be served commercial to property already cosunercial. The Z®ning Coamiissisn didn't tool that it was in their 3urdiction. The Council decided that it was the duty of the Zoning Bcard of Ad~ustmente, however they further decided not to pass anything for Mr. Latham until he fixes the hump on Oakland. Mr. Graver moved that the next regular Council Meeting, December 28, be canceled since it is during the holidays. A notice should be put in the paper to that effect. Mr. Franklin seconded the motion which carried unanimously. ; Mr. Zellers moved to ad3ourn, Mr. Rowe aec~nded the motion which passed unanimously .. lfeet ing add Darned 9 s 15 P . M. Respecttfully submittecis TREASURY REPORT FOR THE MONTH OF DECEMBER BALANCE DECEMBER 1, 195^"'°'~ $10,828.78 DISBURSEMENTS FOR THE MONTHS SALARIED - 610.5b FEES AND COMM. 1,109.3,8 GOOD~PILL AND ADV. 7.18 UTILITIES 295.50 OFFICE ~urrLIEP 249.210 RENT 100.00 BOOKS AND PERIODICAL 1.00 STREET REPAIR AND IMP. 433.31 ANIMAL HOSPITAL 10.00 TOTAL D ISBURSE~iu 1 S s ~ 2, 815.92 INCOME FOR THE MONTHi ELECTRICAL DEPT. 375.45 BUILDING PERMITa^ 442.50 PLUMBING DEPT. 338.55 ENG li~.~~n ~ S F ^'EES 108.00 TOTAL INCOI~F'OR THE 2i0NTH-------- ~ 1,264.50 BALLANCE ~ 9,2?7.36 BANK BALANCE JANIIARY I, 1960 ~ 9,277.36 ~~ STATE OF TEAS COUNTY OF TARRANT THIS AGREEMENT made and entered into on this day of December, 1959, by and between North Richland Hills, Texas, a municiral corporation functioning under the general law of the State of Texas, acting by and through its Mayor, but upon authority of and under the direotion of the City Council of said City, herein called First Party, and Smithfield Voluntary Fire Department, Inc., a Texas gorporatiea, acting by and through its President, but upon authority sf the Board of Directors thereof, and under the direotien of one hundred (1000 par cent of its atoakholdera, herein called Second Party, l~ITNESSETHs Ia Consideration of the mutual aovenaata, promises, agreements, warranties and representations herein contained and each to the other made and in goad faith acted upon by the respeotiPe parties im reliance th®reon, the parties represent, premise and agrees I A. FIRST PARTY REPRESENTS AND NARRANTSs 1. That it is a municipal aerperatisa, functioning under the general laws of the State eP Texas. 2. That Bill Ferry is the duly elected Mayer sad that ldiokey Osborne is the duly appointed and acting Secretary thereof. 3. That the City Council of said city has by unanimous notion approved and authorized th is transaction and had authorised the Mayer to enter into this transaction and to exeoute this agreement on behalf of First Party and has alas authorized and directed said City Secretary to attest the execution hereof sad to affix the seal sf the City berets. 4. That it will at all times maintain a Qolunteer fire department in the Smithfield area and where the same is new legated to be lrnewn as "North Richland Hills Fire Department." 5. That it will at all times maintain at least two units of equipment at the location mentioned in paragraph 4 next above. 6. That it will, within the limits sf its fiscal and taz golicies, give its f inanaial suppsrt sad aasitance to the epsration of an effioie~ Fire depaxtmer~t. B. SECOND PARTY REPRESENTS AND VYARRANTSs 1. That it is a corporation organized end existing under the laws of the State of Texas . 2. That L. R. Starling is its duly sleeted and acting President and that A. J. Knight is its duly eleotod and eating Seoretary. 3. That its Board of Directors has given full consideration to this transaction and to all of the farms, conditions, representations, g©venants, prcmiaea and agreements herein contained aid has unanimously approved the same and hoe authorized its President, L. R. Starling, t• exeoute the same on behalf of and as the sot and deed of Second Par~r~r PAGE 2 and has directed A. J. Knight, its Secretary, to attest the same and affix the corporate seal therto. 4. That this transaction involves the sale of its hereinafter described capital assets and that the same has beer. fully considered by each, every and all of the stockholders of the cerperation who has each Por himself approved, consented and agree tv this transaction; such ateckh®lders, being all of the stockholders, area F. I[. Morrew Leon C. Collins Fred Tyre A. J. Knight Jr. E. P. Dohs Aubrey R. Collirss Raymond 0. Sm~et B . D . Howell Y. M. Huller Melton Rhine 0 • S • AxttxaY ~P. C . lh~trey H. T. 1Porthingtvn V9'. C. Hamilton R. T, Keonoe Jr. off. G. Cline Ralph 1!'ado W. G. Gregory B. C. Redding Lee R. Starling Melton R. Rhine C . E. Morros~ 5. That. the corporation is pessossed of full, complete and perfect right and authority to enter int• this agreement, t• carry the same into execution, and to deliver good sad merahantablo title to all properties herein described and to deliver possession of said properties. 6. That the carp®ration (Second Party}, in law sad in Pact, holds the properties herein described as trustee Por the use and benefit of the oitisens and residents of the avmmunity identified as Smithfield, an Addition to the City of ~®rth Richland Hills, Texas; that being so burdened Second Party agrees to save and hold First Party harmless from loss or damage of say kind or aharavter whatsoever together with other conditions hereinafter set out amd to use all sums of money herein- after agreed to be paid by First Party to Second Party, subject t• eon- ditione hereinafter sot out. ?. That the entire sash consideration, whether paid upoffi con- summativn hereof or under a delay payment plan, and all sums of money Doming unto the possession of Second Party by reason ef, or as a result of, this agreement shall be by Second Party held in trust for the use and benefit of the said community of Smithfiedl, am addition to the City of North Richland Hills, and all and the entire ofauch sums of money shall, when expended, be expended for purposes of civio improvements f®r the benefit of said c....,.;~..znity of which parks, playgrounds, recreation or civio centers is illustrative. 8. That no money whatsoever securing or t• accrue to Second Party as a result of this transaction shall be expended for any purpose whatsoever in conflict with or in any respect adverse to the interest of First Party. 9. That Second Partyts stockholders will continue within their individual discretion and to the extent of their individual ability to fuacti®n as a voluntary fire department of First Party and lend their support, their lmowledge and thi~r service in the continued operation of the fire fighting equipment herein described within North Richland Hills, all on a voluntary basis. PAGE 3 10. That all property herein described is free and clear oP dovt, lien or other encumbrance of any kind or character whatsoever. II A. FIRST PARTY AGREESs L. To pureshase Prom Second Party the following described personal prcrpertyt 1940 Ford Fire Truck., doter Ne. 997357904 License No. 8594 1948 Ford Fire Truck, Motor No. 8H~1851, License Ne. 8595 1955 Ferd Fire Truok, ldotor No. F60Z5D159?l, License No. 8596 5 Horse Siren 2" Hose, 550 ft . 1 " Hose, 850 Ft. 5 Varifog Nozzl es, l~" 2 Yarifog Nozzles, 1 " 1 ~falkie Talkie Radio 2 _ 1" Gated Y 4alvea 2 2 " Hard Suction Hoss 2 - 4" Hard Suction Hose 1'- 110 volt Powar Plant 7 Bunker Coats 3 Helmets 8 Pump Cans 2. To pay to Second Party the aum of $6,000.00 in the f ollew- ing manner, to wits X2,000.00 upon the execution of this agreement and deliiery of the hereinabove described property; the sum oP X2,000.00 on the 15th of June, 1960; atsd X2,000.00 on the 15th of June, 1961. 3. T• keep the desoribed progeny at its present location, at least temporarily, and is at all times keep at least two units of equipment at sa~.d present location. 4. To, within the limits of its fiscal and tax poli aoies, maintain the described property and equipment as afire department and likewise to assist and support a voluntary fire department at said location to be known as "North Richland Hills Fire Depart~aent." B. SECQND PARTY AGREES: 1. To sell the properties described in paragraph 11, A, 1 above t• First Party for the sun of $6,000.00 and to accept payment thereof in the manner set out in paragraph 11, A, 2 above. FAGS 4 2. Tv transfer title and to deliver the possession of the hereinabove described prep~.~y to First Party and to forever warrant and defend the title thorete against all and any person or parsons lawfully claiming er to claim the same or any part thereof, subject to the chattel mertgsge lien. S. By reason of the trust referred to in paragraph 1, B, 6 hereof and tYrJ representations and warranties contained in paragraph 1, B, 5 hereof Second Party agreest (a) To save and held First Party harmless from air leag cr damage of any kind er character whatsoever by reaac n of any claim er demand of az{y kind er character, asserted •r which may be asserted by any individual or individuals as eastui quo trust. {b) ~o hold all sums of money coming into the possession eP 3epnd Party •r any of its officers, directors or stockholders as a result of this transaction in trust for the use and benefit of the Smith- field Additi©n tc the City of Aorth Richland Hills and to expend the same for purposes ©f civic improvements, ouch as parks, playgrou~ads, recreati®n or civic centers, in said Addition and not ctherwis~. 4. To expend, disburse or in any ether manner pay out a~ money caning irate its possession as a result of this transaction ethsr- wise than as provided in the proceeding paragraph ll, B, 8 and its sub-paragraphs, and further specifically agrees that no such said money ahwll ever at any time be expended, disbursed sr paid out in any other manner in cen411ct with or in any respset advera• to the interest of First Party. b. The and ividual effacers, directors and stockholders of Sea®nd Party, within their individual descretien and tm the extent of their individual ability, agrso t® continue t• function as a voluntary faro department for and •n behalf of First Party anal. to givo their sup- port, knowledge and of their services as such voluatary fire departmsat. III Pach representation, warranty, cewaant, prorsise and agreement herein containsed is a material representation, warranty, covenant, promise and agreement inducing this agreement and without which the parties would not have entered into the agreement. IY Fer the aonsiderationa herein expressed, First Party gives and grants to Secc~d Party, it net being in default nor viol atien of arty of the terms, codititas, representations, warranties, covenants, promisoa er agreements herein contained, en option to repurchaao the proparties herein described, in Its then Condit ion and without regard t® depletion of miner items, at any time withia a per iod of two years fr®m the dato hereof, for the sum of #6,000.4 cash •r upon such ether terms of pay- ment as the parties may then agree upon. PAGE 5 V This instrument oontains the entire agreement betr~een the parties. VI THIS AGREEMEATT shall be exeouted in duplicate copies, eaoh eP lrhich shall be deemed originals, and shall be consummated on tho 5th day of December, 1959. DATED ®n the day and date hereinPfirst ~rritten. ATTESTt ~di.ckey Osbarno, City Seoretary. ATTESTS A. J . Knighi~, Jr. 3earetary AORTH RICHLAND HILLS, TE7CAS B~ Bill Perry Matiyor SMITHF IFLD VOLUATTEER FIRE DEPT . , I1~C . By Loe R. Starling Pres idol CONar.~~a OF STOCxHOLDERS SMITHFIELD ~OLul~tr,~ec FIRE DEPART,i~~rt, INC. THE undersigned Stoc~olders, being 80~ ®f the stac~choldera ®f Smithfield Vslunteer Fire Department, Ina., without incurring any individual liability, consent and agree to the traneactiett, and the tertna and c©nditiena thereof, as net out in the foregoing instrument and as evidence thereof, hereunto subscribe ®ur names. F. M. Morrow W. C. Hamilton Leon C. Collins R. T. Koeaacs Jr. Fred Tyre W. d. Clips A. J. Knight Jr. Ralph Wade E. P. Fuohs lf. G. Gregory Aubrey R. Collins B. C. Redding Raymond 0. Smost Le• R . 3ta~rlin~ B . D. Howell Meltoxi R. Rhine M. M. Hudler C. E. Morrow Melts Rhine 0. S. Autrey W. C. Autrey H. T. W®rthin~tox~ CHATTEL MORTGAGE THE STATE OF TEICAS ) RNOI~f ALL MIId BY THESE PRESENTS s C~~,n~ t OF TARRA1tTT ) That City of North Richland Hills of Tarrant County, State of Texas, party of the first part, mortgagor, being 3ustly indebted to Smithfield Volunteer Fire Department, Inc., County of Tarrant, State of Texas, mortgagee, in the sum of Four Thousand ($4,000.00) Dollars, which indebtedness is hereby confessed and acknowledged, for the purpose of securin payment of said debt, and in oaasideration of the sum of One Dollar $1.00), the receipt whereof is hereby aoknowledged, has granted, bargained, sold and mortgaged, and by these presents does grant, bsrgaiY, sell and mortgage unto said mortgagee, the following described goods, chattels and personal property, tc-~-it; 1940 Ford Fire Truck, Motor Nc. 99T357904, License No. 8594 1948 Ford Fire Truck,. ldotsr No . 8F7Q1851, License No. 8596 1955 Ford Fire Trucks. Motor No, F60Z5D1fi9?1 License No. 8596 5 Horse Siren, 2 " hose, 560 Ft ., 1 " hose, 850, Ft ., 5 Varifog Nozzles, 1~ inch 2 Varifeg Nozzles, 1 inch, 1 YYalkie Talkie Radio 2 - 1~" Gated Y Valves, 2 - 2~" Hard Suction Hose. 2 - 4" Hard Suction Hose, 1 - 110 Volt Pourer Plait ? Bunker Coats 3 Helmets, 8 Pump Cans TO HAVE AND TO HOLD the same unto said mortgagee, said mortgagee's personal representatives, successors and assigns f®rever. Pr®vided, and these presents are upon the axpress conditions, that if said mortgagor shall well. and truly pay er cause to be paid to said m©rtgagee said sum above mentioned, in accordance with the term$ of his certain promissory note bearing even date herewith, signed by said mortgagor, payable t0 said mortgagee ®r order as follows, t®-•wits Payable i.n tp installments as follows: $2,000.00 ®n the 15th day if June, 1960, and $2,000.00 en the 15th day of June, 1961. Said note also bearing interest after maturity at the rate of ten per Dent per annum and containing provision for aooeleratod payment and attorney's fees. PAGE 2 And any renexale of the same, er an; thereon, or i.f said m®rtgagor shall fail to k. covenants, stipulations and agreemients herein be performed, or if said mortgagee shall fail of the covenants, stipulations and agreements part to be performed, or if said mortgagee eh. mortgagor, said chattels, said debt sr said s• then upon the happening; eP said contingencies amount herein secured remaining unpaid, is by to be due and payable, and said mortgagee may eptien (notice of xhieh is hereby expressly x. gage by action or etherxise, and said mortgage enter upon the premises xhere said foods and part thereof, xith iaterest ep and perform any of the contained en its part to to keep and perform any herein contained on its ~lI at any tip deem said ~curity unsafe •r insecure, or any of them, the xh®le said mortgagor admitted at said m®rtgagee~s jived), fereclese this mort- ~e is hereby autheriaed to ,hattels may be, and remove and sell the same and all equity of recternp~lon or the mortigagor tinere- in, either at public auction ©r private eels at North Richland Hills, Texas, xithout demand for perfermanoe, and out of the proceeds of said sale pay the costs of foreclosing this mortgage, and the expense of pursuing, taking, keeping advertising and selling said goods and chattels, including a reasonable attorney's fee, and apply the residue thereof toxards the petyment of said indebtedness or any part thereof, in such manner a,s said mortgagee may elect, rendering the surplus, if any, ugt• said mortgagor. And said m~artgagee may purchase at such sale is the same manner, and to have the came effect as any Pere®n not interested herein. This mortgage shall apply tm and bind said mortgagor, its representatives and assigae, and inure to the benefits of said mort- gagee, said mortgagee's representatives and assigns. IN ~fiTTNESS urnrtcEOF, The mortgagor has hereunto set his hand, this day of December, 1959, at North Richland Hills, Texas ATTESTs CITY OF NORTH RICHLAND HILLS B ldickey Oeberne, Bi~l Ferry City Secretary. day®r (SF~AI, INSTALLM~3QT NOTE $4,600.00 Fort ~Porth, Texas Decauuber , 1959 ~S HEREINAFTER STATED, for value received, City of North Richland Hills, Texas, a mnanioigal corporation, premises to pay to Smithfield Volunteer Fire Department, Inc., or its order, the sum sP Four Thousand 04,000.00) dullard, without interest, except that past due pe4Yment shall bear interest st the maximum legal rate of ten (10~) per cent per azmum, payable isi two installments as follcwss X2,000.00 on the 15th day eP June, 1960, and $2,000.00 oh the 15th day oP June, 1961. and secured by Chattel Mortgage sf even date herewith on the following described persa3nal property: 1940 Ford Fire Truck, Motor No. 997357904, License No. 8594 1948 Ford Fire Truok, Motor No. 8F~1851, License No. 8595 1955 Ford Fire Truclt~ Motor No. F60Q5D15971, License No. 8596 5 Horse Siren, 2~" he se, 550, ft ., 1~" h®se, 850 ft . , 5 Varifeg Nozzles, 1~ inch, 2 Varifog Nozgles, 1 inch, 1 VYaklie Talkie Radio, 2 - 1~" gated Y Valves, 2-2'~''" Hard 3uctien Hose, 2 - 4" Hard Suction H©se, 1 - 110 Volt Power P1 art, 7 Bunker Coats 3 Helmets, 8 pump Cans, which said property is also fully deaoribed in said Chattel Mortgage. A11 past due principal on this nuts shall boar interest at the maxiassn legal rate of ten (10~b) per Dent per annum. It is understood and agreed that the failure to pay this note, or a-r~y installment as above promised, when due, shall, at the eleotion of the hold®r of said note, mature said note, and it shall at onoe become due and payable and subject to foreclosure ander ssid Chattel Mortgage. PAGE 2 :tYsrtgagar hereby waives presentation for payment, notice of nen-payme~at, protest, and n~ioe ®f protest, and diligence in briaging suit, and consents chat time of psy meat may be extended with- aut notice thereof . It is Further expressly agreed that if this note is placed in the hands of an attorney for collection, ar suit is brmught on same, then, and in that event, t®_ pay the crom.er er holder cf this nets ten per cent additional ®n the principal and. interest hereon as attorney's fees. ATTEST! CITY OF NQRTH RICHLAND HILLS B$ Mickey ©aberne, Bill Parry City Secretary Mayer (sEAt)