Min 08/15/1927Wichita Falls, Texas.
Basement City National
Dank Bldg. ,
August 15th, 1927.
The Board of Aldermen of the City of Wichita Falls met in
regular session on the above date with the following members present:
Re E . Shepherd, Mayor,
P. Be Curd, }
A. W. King, } Aldermen,
Roy E. Carter, }
E. W. Irvine, Acting City Clerk,
Thelbert Martin, City Attorney.
The minutes of the previous metting were read and approved.
ORDINANCE NO. 926
AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF SUNSET
ORDINANCE NO . 929
AN ORDINANCE REQUIRING EVERY PERSON, FIRM OR CORPORATION
BEFORE DOING WORK OF ANY KIND IN THE CEMETERIES OWNED BY THE CITY OF
WICHITA FAILS, TO FIRST PROCURE A PERMIT FROM THE PARK SUPERINTENDENT,
PROVIDING FOR THE CANCELLATION OF SUCH PERK{SITS, AND ALSO PROVIDING FOR
A PENALTY.
Moved by Alderman King that Ordinance No. 929 be passed on
its second readings
ing vote:
Tiotion seconded by Alderman Carter and carried by the follow -
Yeas: Aldermen Curd, Carter and King.
Nays: None.
The hearing with reference to paving Blonde Street from
Bridwell Streerto Holliday Street was called and after hearing protests,
the following motion was put in order.
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vote:
Motion seconded by Alderman Carter and carried by the following
Yeas: Aldermen Carter, King, and Curd.
Nays: None.
Form 8, RESOLUTION
Blonde St-
Bridwell to Holliday Road
RESOLUTION CLOSING HEARING TO PF OPERTY OWNERS AND OTHERS INTER-
ESTED IN IMPROVEMENT OF BLONDE STREET FROM HOLLIDAY ROAD TO
BRIDwELL STREET AND DETERMINING JVOUNTS OF ASSESSMENTS AGAINST
AB`1 TT ING LOIrS , AND ARCELS OF PROPERTY, AND THE OWNERS THEREOF,
ORD INANC E NO : 930
AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF BLONDE
STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PRO-
VIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE
PAY11ENT OF THE COST OF SUCH IMPROVE'.IENTS . LEVYING ASSESSMENT THEREOF, AND
FIXING TH-1. TERIV0 AND TIMES OF PA= TS , AND THE RATE OF INTEREST THERE-1
ON , AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES; AND
DECLARING AN EMERGENCY•
Moved by Alderman. Curd that Ordinance Bo. 930 be passed on its
first reading.
vote: Motion seconded by Ald _rman Carter and carried by the following
Yeas : - Aldermen Curd, Carter, an. Xing,
Nays:- None.
Moved by Alderman Curd that the following resolution be adopted.
Motion seconded by Alderman arter and carried by the follow-
ing vote:
Yeas: Aldermen King, Curd and Carter.
Nays: None.
Special Form 5, RESOLUTION
Collins Avenue,
Bridwell to Urace
RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILE REPORT
WITH THE YSOARD OF ALDERMEN SHOWING ESTIMATED BENEFIT RECEIVED BY
ENHANCES) VALUE OF IMPROVING A PORTION OF COLLINS AVENUE*
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICH ITA
FALLS, TEXAS,, THAT:
WHEREAS, the Board of Aldermen of the Uity of Wichita Falls,
Texas, has heretofore ordered the improvements of Collins Avenue from
100 fte i�est of west rroperty Line of Bridwell Street to the West
Property Line of Urace street in said City, which portion of said street
includes Lot 6 of Block 46 of Southland Addition to the City of Wichita
r'alls,Wichita County, Texas, and same has heretofore been paved by :L. E.
whitham & Company in accordance with their contrac ,, with said City
and in accordance with the s;,ecifications of the City Engineer, in the
manner described and with one -course reinforced concrete pavement.
I
had with regard to the latter mentioned certificate, which was 22-1212
it was declared that said certificate was void as a lien against said
premises and no part of the cost of such improvement has been borne
by the abutting property or paid by the owner thereof, and it becomes
necessary for this .hoard to reassess the cost of paving abutting said
lot in accordance with the R. Co 39 of Texas and the City Charter of
said Uity.
NOW THEREFORE:
1.
The city Engineer is hereby directed in accordance with
provision of Section 108 of the Uity Charter, and further in accordance
with Section 111 of same Charter and Article 1097 of the he C. S. of
Texas for 1925, to make and file a report with the Board of Aldermen
showing thereon the estimated total value of the paving improvement
abutting and in front of Kot 6, Block 46, Southland Addition, to the
City of Wichita k'alls, Wichita County, 'Texas, taking into consideration
the amount of such special benefits and improvements to said property
in its nhanced value by means of such improvements, t#e same to be
determined on a basis of the condition of such improvements as salpe
exists at the time of his report shoving in addition thereto the amount
of cost of such improvement that the City od Wichita Falls has hereto-
fore borne; the value and amount then remaining after deducting such
e ity's prorata part, the owner or owners of such lot the rate per
lineal foot of curb based upon present valuation and condition of said
curb and the total amount proposed to be reassessed against such lot,
and such report may show other matters or things and shall show the
estimates amount of damage, if any, to such lot and the owners thereof,
which has been sustained by reason of said improvement. Such report
shall in all respects comply with the Resolutions and other proceedings
of this Board with reference to said improvement of said portion of
said street, said law and to said Uity Charter.
11.
This resolution shall take effect from and after its pass-
age.
.SASSED AND APPROVED this the 15th day of August, A. Do 1927.
Viichita Falls, 'Texas.
August 15 th , 192 7 .
TO THE MAYOR AIM BOARD OF ALDERIUI
OF TH E
CITY OF WICHITA FALLS, TEXAS .
Gentlemen:
I hand you herewith report and estimate of the present value
of the paving improvements in front of and abutting Lot 6, in Block
46, of the Southland Addition to the City of Wichita Falls, Wichita
County, Texas, showing the amount to be reassessed against such property,
the owner thereof, and etc., as required by the Charter of said city,
the laws of the State of 'Texas and by the proceedings of your Honorable
Body:
As is shown on this report, the total amount originally
assessed by this Board against the above described lot on Collins Avenue
in said city as shown by Certificate of special assessment No. 22-121
was the total sum of 5454 931, of which sum �434.31 was the pavement
cost and �20.00 was the cost of curb at the rate of �0.40 per lineal
foot. Said lot abutting 50 feet on said street.
The estimated total value of said pavement abutting said
lot, including curbs, excavating, grading, the furnishing of certain
specified headers, materials and labor, all of which constitutes the
finished pavement as same exists on the date of this report in the sum
of A41.65.
The amount as to value then remaining after deducting the C3ty's
portion already paid with public funds of said city for the present total
value of said improvement is the sum of §413.07.
The owner of said lot as shown by the records of Wichita Uounty
Texas, is L. h. Cowling.
The rate per lineal foot of curb abutting said lot based upon
the present valuation and condition of said curb is §0.40 per front foot.
The total amount proposed to be reassessed, inclu ing curb,
against said lot for all pavement in front of and abutting same is the sum
of �413.07, which sum if determined on the basis of the condition of such
improvement as same exists on this day and to the extent of which sum said
property has been enhanced in value by reason of said paving improvement.
The estimated damage to said property and to the owner thereof in
this case is nothing.
This estimate and report is based upon one -course reinforced
concrete pavement constructed and laid by L. Le Whitham and Company in
accordance with the specifications previously prepared and adopted by your
Honorable Body, which improvements were duly accepted from said Conttactor
on April 5, 1926.
vote:
respectfully submitted,
F. Ide Rugeley,
City Engineer.
Moved by Alderman Curd that the following resolution be adopted.
Llotion seconded by Alderman Darter and carried by the following
Yeas: Aldermen Curd, carter and King.
nays: None.
Form 7, RESOLUTION
Special resolution
Collins Avenue,
1�ridviell to Uraee
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGI-
NEER AS TO PRESENT VALUE OF PAVING I12ROVE ENTS AND REASSESSNENT TO BE
MADE THEREFOR FOR PAVEMENT LAID ABUTTING LOT 6 BLOCK 46 SOUTHLAND ADDITION
TO CITY OF W ICH ITA FALLS, TEXAS, FIXING A TIME AND PLACE FOR A HEARING
TO PROPLRTY OWNERS AND OTHERS INTERESTED AND DIRECTING THE CITY CLERK TO
GIVE NOTICE THEREOF AND PRESCRIBING THE FORM OF SUCH NOTICE*
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, THAT:
WHEREAS, the Board of Aldermen of the city of Wichita malls
has heretofore ordered the improvement of uollins Avenue from 100' west
property line of Bridwell street to the West property line of LTrace street
in said city and has received the necessary estimates, plans and specifi-
cations from the City En y'ineer, therefor, and after adoption of same, due
notice and advertisement, the receipt of competitive bids and the deter-
mination by said .$card that all of the cost of constructing curbs along
said portion of said street and not exceeding 98yo of the remaining .cost of
such improvements should be assessed against the property abutting thereon
and against the owners thereof, and after filing of all necessary reports
the giving of such notice, the hearing of such property owners and the
levying and constructing o i said paving improvements by L. -6. Whitham &
Company, the successful bidders therefor, the City of Wichita Yalls acting
by its board of Aldermen issued a certain paving certificate No. 22--121,
among others, to said Constractors said certificate being issued and
pur-porting to constitute a lien against Lot Vo. 6 in block 46, of the
WHEREAS, in a proper judicial hearing it has been declared
that the above mentioned paving certificate is void against Lot 6,
in said block and no part of the cost of said paving improvements abutt-
ing said lot has been borne by the owner of said property, and since
the public funds of said city have been expended to cover a part of
the cost of improving said property by paving, the Board of Aldermen
has heretofore directed the city Engineer to make and file a report
showing the estimated benefit received by enhanced value to said lot
by said paving improvements as well as other specified requirements,
and the said City Engineer has fully complied with said instructions
and has filed the detailed report and estimate required, setting forth
In detailed information requested concerning said lot with regard to
said paving improvements and the benefits received thereto thereby,
as well as other matters and things.
1.
Now therefore the report of the City Engineer filed on the
15th day of August, 1927, be and the same is hereby adopted and
approved and ratified in all of its details.
11.
That a hearing shall be given to the owners and others
interested with regard to Lot 6 in Block 46 of said addition, proposed
to be reassessed for same improvements, the same being property abutting
on said portion of said street, and said hearing shall be given or
heard in the Council Chamber in the Basement of the City National
Bank Building in the city of 'riichita Falls, Texas, at 7:30 F. Me
o'clock on the 29th day of August 1927, and at which hearing and at
said time and place the owner or owners of said property or any of
them, their agents, attorneys or any one else interested in said pro-
perty or in said improvement in any way shall be fully and fairly heard
as to any and all matters and things concerning said reassessment
against said property and against the owners thereof and as to the
benefits to their property in the enhanced value by means of said im-
provement, the amounts of said assessment and lien and such other
-° things as may be considered or may in any way effect the proceeding
of this Board, themselves, or said property with regard thereto.
That any claim for damages shall be made in writing and
shall set forth the matters and things in the manner and form provided
and required by law and the provisions of the City Charter. And other
claims or matters may be presented either orally or in writing and
at such hearing all claims, protests and objections whatsoever shall
be passed upon by the Board of Aldermen and ._aid hearing may be con-
tinued from time to time until all desiring to be heard have been
dully and fairly heard, and after all have been fully and fairly heard,
said hearing will be closed, and at such hearing and from the facts
i before it, the Board of Alderme _w will determine the amounts to be
assessed against said lot and against the owner thereof and will de-
termine the amount of damages, if any, to said lot and the own`,r
thereof, the enhanced value of property by means of said improvement
and will correct any errors, mistakes or invalidities in any proposed
reassessment and �n any proceeding with reference to all improvements
regarding said reassessment, and will thereafter by ordinance make
and levya reassessment against t said lot and
g parcel of property and
against the owner thereof in the proportion provided and in the same
manner and form in accordance with the terms required by law in force
in said City and the City Charter, and the ordinances, resolutions and -
other proceedings of this Board, and such reassessment when levied
should be a first and prior lien against said lot and a charge of
personal liability against the owner or owners thereof.
After such hearing is closed any one desiring to appeal
therefrom shall prosecute and appeal to any Court having jurisdiction
thereof within twenty t20) days from the date such hearing is closed
an said final assessment is levied and not hereafter, and all persons,
firms, attorneys, corporations and other parties shall after the ex-
piration of said twenty (20) days from the date levying of such
reassessment be forever barred and estopped from any such action or
any defence of invalidities in such proceedings or reassessment in
The City Clerk is hereby directed to give notice of time and
place of said hearing to the owners of said property and to all others
interested by causing such notice to be published in the official news-
paper of said City, which notice shall be substantially the following
form, t owit :
"TO THE OWNERS OF LOT 6 IN BLOCK 46 SOUTHLAND .ADDITION TO THE
CITY OF w ICH ITA FALLS, TEXAS, ABUTTING ON COLLINS AVENUE THEREIN AND TO ALL
OTHERS INTERESTED."
Notice is hereby given of the intention of the City of Wichita
Falls, lexas, to proceed with the reassessment for fixing the benefits and
value of improvements already constructed and laid in front of and abutting
Lot 6, in Block 46, Southland Addition to the City of Wichita Falls,
Wichita Uounty, Texas, om Collins Avenue in said City which has heretofore
been, improved by raising, grading and filling the same and installing con-
crete curb and gutters and paving with reinforced concrete pavement, and
of the intention of reassessing a portion of the cost of making and con-
structing such improvements against said lot abutting on said street bene--
fiyed thereby and such reassessment wh:n levied shall be a first and prior
lien upon said lot, and a personal claim and charge against the owner or
owners thereof.
On the 29th say of August, A. D. 1927, in the Oouncil Chamber of
the City National Bank in the City of Wichita Fa .1s9 Texas, at 7430 o'clock
P. M. , such owner or owners thereof and their agents and representatives
will be fully heard by the Board of Aldermen and any protests, objections or
claims will be fully and fairly heard. The benefits and damages resulting
from said improvements will be determined and the amount to be reassessed
against such lot and the owner thereof will be determined and a reassess-
ment therefor will be levied.
Plans and specifications for such improvements, the contract
therefor and the previous report of Lngineeri showing estimated costs and
b.1nefi s thereof have already been filed and are now on file in the office
of the City Clerk and open to inspection.
The estimated amount to be assessed against the above described
parcel of land as based upon its enhanced value by reason of said paving
improvement is the sum of �413.07.
The estimated amount to be reassessed for curb is 00.40 per lineal
foot of curh; and,
The estimated amount to be reassessed against property owners and
their said property for paving and excavating is 47#8613 per front foot.
All persons, firms, corporeltions or others directly interested,
their agents or attorneys, desiring to be heard in any matter or thing
in any wise directly connected with said improvements and the reassessment
therefor, the benefits therefor, the damages or the proceedings connected
therewith shall be and appear before said Board of Aldermen at said time
and place.
Done in accordance with the resolution of the Board of Aldermen
of the Uity of Wichita Falls on the 15th day of August . 1927.
(Signed) E. W. Ervin it Clerk.
_ _ _ _ _ _ no 4ft
And said notice shall be published in said papaer not less then
three times, and the first of said publication shall appear not less than
ten days prior to the date set for said hearing and the City Clerk shall
cause to be mailed to each owner whose name appears on said report of the
City Engineer, a registered letter containing a copy of such notice, such
letter to be deposited in the Post office at Wichita r'alls, Texas, but
such notice by letter shall bb cumulative of the advertisement, an such
advertisement shall be sufficient whether or not any other notice be given
or whether or not such notice by letter be received or sent.
Iv.
This resolution shall take effect and be in force from and after
its passage.
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Fa �ryry MIEN Y
�� II ill
moved by Alderman Curd that the following resolution be
adopted.
Motion seconded by Alderman carter and carried by the follow-
ing vote:
Yeas: Aldermen Curd, Darter and King.
Rays: None.
Form 1 RESOLUTION
Bluff treet-
2nd to 6th
RESOLUTION DEC LAR ING THE NECESSITY OF IMPROVING BLUFF STREET
FROM THE SOUTH PROPERTY LINE OF SECOND STREET TO THE NORTH
PROPERTY LINE OF SIXTH STREET , IN THE CITY OF WICHITA FALLS,
TEXAS, STATING THE NATURE OF SUCH DY PROVETdENT A1\D THE IETHOD
BY TIIICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND
DIRECTING THE CITY ENGINEER TO HAVE PLAns , PROFILES, SPEC IF I -
CAT IONSAND ESTIMATES OF THE PROPOSED IMPRO VEMENT S PREPARED*
Wichita Falls, Texas.
August 1, , 19279
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF
THE CITY OF WIC----ITA FALLS, TEXAS:
In compliance with the resolution of the Board of Aldermen
with reference to the improvements of Bluff Street from the South
property of Second Street to the North property line of Sixth
l
Street, have prepared and hand you herewith plans, profiles, spec-
ifications and estimates of proposed improvements; the same embraces
the different materials, pland and methods of improvement set forth
j and specified in the said resolution.
I'• Lie Rugeley, City Engineer.
Moved by Alderman Curd that the following resolution be
adopted.
I.Iotion seconded by Alderman Carter and carried by the follow.
ing vote:
Yeas: Aldermen Curd, Carter and King.
Nays: None.
Form 3, RESOLUTION
Bluff 6t
6th to 2nd
RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICA-
TIONS AND ESTIMATES OF THE PROPOSED IMPROVEIENT OF A PORTION
OF BLUFF STREET IN THE CITY OF WICHITA FALLS,, TEXAS, AND
DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS
FOR THE MAKING AND CONSTRUCTING OF SUCH nIPROVEI,gENTS .
Moved by Alderman Curd that the City Clerk be instructed to
draw warrant on the dater Fund in the amount of �98.22 payable to L.
E. "��Vhitham & Company covering first installment on assessment of
5589.32 for paving and curbing 112 feet on IiWenty Fourth Street.
Motion seconded by Alderman Darter and carried.
to cover balance due on paving to L. B. lli'hitham & Company as per contract
with Perry Browning.
!,lotion seconded by Alderman Curd and carried*
Moved by Alderman' Carter that the City clerk be instructed to
draw -,..arrant on the Street Improvement Fund in the amount of §228,52
to cover cost of repair work on Speedway intersection and patching the
.paving in the rear of the City National bank Building.
"Lotion seconded 'y Alderman King and carried*
.2, J
bids were received and opened for the construction of water pipe
lines to be constructed from the elevated water tank to Otark Avenue,
and we.re transmitted to the engineers for tabulation*
Moved by Alderman Curd that all bids on construction of water
pipe lines be rejected and said lines be constructed by the water depart-
ment.
Motion seconded by Alderman Darter and carried.
Roved by Alderman King that Alderman curd be authorized to negotiate
with the Wichita Falls Window Glass Company to move one fire hydrant to
a new location at the city's expense and install a new hydrant at actual
cost near the factory at the expense of the glass company.
:Motion
...otion seconded by Alderman Carter and Uarried.
Moved by Alderman Uarter that the meeting be adjourned*
Motion seconded by Alderman curd and carried,
The Board of Aldermen then adjourned*
READ AND APPROVED this the 22nd day of August, 1927*
atteste
City C113rk