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Min 02/01/1926P � Wichita Falls, Texas. Basement City National Bank Bldg., February 1, 1926 The Board of Aldermen of the City of Wichita Falls met in regular session on the above date with the following members present: R. E. Shepherd,.Mayor N. M. Clifford,0 Frank Queisser,0 Oral Jones, 0 Aldermen J. H. Patton, 0 P. B. Curd, 0 W. E. McBroom, City Clerk W. E. George, City Attorney The minutes of the previous meetings were read and approved. -------------------- The hearing with reference to paving 16th. Street from Burnett to Holliday was called and after hearing protests the following motion was put in order. Moved by Alderman Queisser that the following resolution be adopted. Motion seconded by Alderman Jones and carried by the following vote; Yeas- Aldermen Jones, Curd, Clifford, Patton, Queisser Nays; None Form 8-16th. Burnett to Holliday. RESOLUTION. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED WITH REGARD TO IMPROVEMENT OF SIXTEENTH STREET FROM THE WEST PROPERTY LINE OF BURNETT STREET TO THE EAST CURB LINE OF HOLLIDAY STREET, AYID-I)ETERMINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS AND PARCELS OF PROP- ERTY AND THE 0"!NERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDER!4EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, the said Board of Aldermen has heretofore order- ed that, Sixteenth Street from the Test Property Line of Burnett Street to the East Curb Line of Holliday Street In said City be improved by raising, grading and filling same and installing concrete curbs and gutters and paving with one course reinforced concrete, and WHERFAS, by resolution of the Board of Aldermen passed and approved on the 30th. day of November 1925, it was ordered that a hear- ing to all owners of property abutting on said portion of said Street above mentioned and to all others interested, be held in the Council Chamber of said Board -in -the City National Bank Building in said City at 7:30 P. M. on the 1st. day of February 1926, and that due notice thereof be given to said parties, and WHEREAS, in accordance with said resolution due notice of the time and place and object of such hearing was given and such hearing was duly held, and whereas all parties, their agents and attorneys, and all others desiring to be heard have been fully and fairly heard, and the following protests were made at said hearing: I. L. Goode, Nettie Slayton, T. A. Baggett, owners of 207 1/2 feet of abutting property on this street, protesting against the cos-t of such improvements and declaring that this is an inopportune time therefor. THEREFORE, BE IT RESOLVED BY THE SAID BOARD OF ALDERMEN, I. THAT, all protests and objections , whether therein specifically mentioned or not, be, and the same are hereby overruled in whole and in part. That the Board of Aldermen finds from the evidence presented thereto that no property will be damaged by means of, or as a result of, any of such proposed improvements. It is further declared that the just and proper rule of apportionment of the cost of said improvements is that reported in estimates, statements and reports of the City 4� Engineer filed on the 30th. day of November 1926, and heretofore approved by the Board, and that by such plans and rules equality and justice will 'exist between the various lots and parcels of land shown to be affected thereby, and the respective owners thereof.; and the Board further finds that each lot or parcel of land abutting on said portion of said Street will be benefited in enhanced value by means of such improvements there- on in an amount in excess of the portion of costs to be assessed against same as shown by said estimates and,reports of the City Engineer. II. THAT, said sums be assessed against said lots or parcels of land and against the owners thereof, and the City Attorney is hereby directed to prepare and present detail form of assessment Ordinance levying such assessments in accordance with the Charter and Laws in force in this City and in accordance with the Ordinances, and other proceedings applicable thereto. That said hearing be and is hereby closed as to all parties and as to all said improvements. III. That this resolution shall take effect from and after its passage. PASSED AND APPROVED this lst. day of February A.D. 1926. --------------------- Form 9- 16th. St. ORDINANCE NO. 698 Burnett -Holliday ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF' SIXTEENTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND -THE OWNERS TF_EREOF, PRO- VIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR TH'a ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Clifford that Ordinance No. 698 be passed on itsfirst reading. following vote; Motion seconded by Alderman Patton and carried by the I Yeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays; None. --------------------- Moved by Alderman Jones that the rules requiring ordinances to be passed on three separate days be suspended and an emergency declared. Motion seconded by Alderman Patton and carried by the following vote; Yeas; Aldermen Patton, Curd, Clifford, Jones, Queisser Nays; None Moved by Alderman Clifford that Ordinance No. 698 be passed on its third and final reading and be adopted as read. following vote; ivlotion seconded by Alderman Patton and carried by the Yeas; Aldermen Patton, Curd, Clifford, Jones, Queisser Nays; None. ---------------------- The hearing with reference to paving 13th. Street from Broad to Holliday was called and after hearing protests the following motion was put in order. adopted. Moved by Alderman Jones that the following resolution be ing vote: Motion seconded by Alderman Curd and carried by the follow- MERNYeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays, None. Form 8-13th. Broad -Holliday f ,') RESOLUTION. RESOLUTION CLOSI14G HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED ';VITH REGARD TO IMPROVEMENT OF THIRTEENTH STREET FROM THE EAST CURB LINE OF BROAD STREET TO THE EAST PROP- ERTY LINE OF HOLLIDAY STREET AND DETERMINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS AND PARCELS OF PROPERTY AND THE OTTERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, the said Board of Aldermen has heretofore ordered that, Thirteenth Street from the East Curb Line of Broad Street to the East Property Line of Holliday Street in said city be improved by raising, grading, filling same and installing concrete curbs and gutters and paving with one course reinforced concrete, and WHEREAS, by resolution of the Board of Aldermen.passed and approved on the 21st. day of September 1925, it was ordered that a hearing to all owners of property abutting on said portion of said.Street above mentioned and to all others interested, be held in the Council Chamber of said Board in said City at 7:30 P. M. on the 1st. day of February 1926, and that due notice thereof be given to said parties, and WHEREAS, in accordance with said resolution due notice of the time and place and object of such hearing was given and such hearing was duly held, and whereas all parties, their agents and attorneyts, and all others desiring to be heard, have been fully and fairly heard, and the following protests were made at said hearing: Mary E. West, Mrs. Mooney, Mrs. R. M. Hurley, Mrs. C. E. Davis, P. F. Gwynn, protesting against the cost of such improvements and declaring that this is an inopportune time therefor. THEREFORE, BE IT RESOLVED BY THE SAID BOARD OF ALDERMEN, I. THAT, all protests and ob.9eetions, whether therein specifically mentioned or not, be, and the same are hereby overruled in whole and in part. That the Board of Aldermen finds from the evidence presented thereto that no property will be damaged by means of, or as a result of, any of such proposed improvements, It is further declared that the just and proper rule of apportionment of the cost of said improvement is that reported in estimates, statem nts tE and reports of the City Engineer filed on the 21at. day of 192�i,-and heretofore approved by the Board, and that by such lans and rules equality and justice will exist between the various lots and parcels of land shown to be affected thereby, and the respective owners thereof; and the Board further finds that each lot or parcel of land abutting on said portion of said Street will be benefited in enhanced value by means of such improvements thereon in an amount in excess of the portion of costs to be assessed against same as shown by said estimates and reports of the City Engineer, 139 THAT said sums be assessed against said lots or parcels of land and against the owners thereof, and the City Attorney is hereby directed to prepare and present detail form of assessment Ordinance levying such assessments in accordance with the Charter and Laws in force in this City and in accordance with the Ordinances, and other proceedings applicable thereto. That said hearing be and is hereby closed as to all parties and as to all said improvements. III. its passage. That this resolution shall take effect from and after 1926: PASSED AND APPROVED this lst, day of February, A. D. --------------------------- Form 9- 13th. Broad -Holliday ORDINANCE NO. 700. ORDINANCE LEVYING ASSES'•.MF.NT FOR PART OF THE COST OF IMPROVING A PORTION OF THIRTEENTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF? PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Curd that Ordinance No. 700 be passed on its first reading. following vb%e; Motion seconded by Alderman Jones and carried by the Yeas; Aldermen Jones, Curd, Clifford, Patton, Weisser Nays; None. The hearing with reference to paving 16th. Street from Travis to Austin was called and as no protests were filed the following motion was put in order. Moved by Alderman Weisser that the following resolution be adopted. Motion seconded by Alderman Jones and carried by the following vote; Yeas; Aldermen Jones, Curd, Clifford, Patton, Weisser Nays; None. Form S-16th. Travis -Austin. RESOLUTION. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED WITH REGARD TO IMPROVEMENT OF SIXTEENTH STREET FROM THE WEST PROPERTY LINE OF TRAVIS STREET TO THE EAST PROPERTY LINE OF AUSTIN STREET AND DETERMINING AMOUNTS OF ASSESSMENTS AGAINST.ABUTTING LOTS AND PARCELS OF PROPERTY AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS THAT: WHEREAS, the said Board of Aldermen has heretofore order- ed that Sixteenth Street from the West Property Line of Travis Street to the East Property Line of Austin Street in said City be improved by rais- ing, grading and filling same and installing concrete curbs and gutters and paving with one course reinforced concrete, and WHEREAS, by resolution of the Board of Aldermen passed and approved on the 21st. day of September 1925, it was ordered that a hearing to all owners of property abutting on said portion of said street above mentioned and to all others interested, be held in the Council Chamber of said Board in the Basement of the City National Bank Building in said City at 7:30 P. M. on the 1st. day of February, 19260 and that due notice thereof be given to said parties, and . WHEREAS, in accordance with said resolution due notice of the time and place and object of such hearing was given and such hear- j ing was duly held, and whereas all parties, their agents and attorney's and all others desiring to be heard, have been fully and fairly heard, and the following protests were made at said hearing: (None) protesting against the cost of such imppovements and declaring that this is an inopportune time therefor. THEREFORE, BE IT RESOLVED BY THE SAID BOARD OF ALDERMEN, I. THAT, all protests and objections, whether therein specifically mentioned or not, be, and the same are hereby over ruled in whole and in part. That the Board of Aldermen find from the evidence pre- sented thereto that no property will be damaged by means of, or as a result of, any of such proposed improvements. It is further declared that the just and proper rule of apportionment of the cost of said improvement is that reported in estimates, statements and reports of the City Engineer filed on the 21st, day of September, 1925, and heretofore approv- ed by the Board, and that by such plans and rules equality and justice will exist between the various lots and parcels of land shown to be affected thereby, and the respective owners thereof, and the Board further finds that each lot or parcel of land abutting on said portion of said Street will be benefited in enhanced value by means -of such improvements thereon in an amount in excess of the portion of costs to be assessed against same as shown by said estimates and reports of the City Engineer. I s II. That said sums be assessed against said lots or parcels of land and against the owners thereof, and the City Attorney is hereby directed to prepare and present detail form of assessment Ordinance levying such assessments in accordance with the Charter and Laws in force in this City and in accordance with the Ordinances, and other proceedt4z applicable thereto. That said hearing be and is hereby closed as to all parties and as to all said improvements. III. That this resolution shall take effect from and after its passage. PASSED AND APPROVED this 1st, day of February A.D. 1926 ----------------------- Form No. 9- ORDINANCE NO. 699 16th. St. ORDINANCE LEVYING ASSESS14ENT FOR PART OF THE COST OF IMPROVING A PORTION OF SIXTEENTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, and DECLARING AN EMERGENCY. Moved by Alderman Clifford that Ordinance No. 699 be pass- ed on its finst reading. ing vote; Motion.seconded by Alderman Patton and carried by the follow - Yeas; Aldermen Jones, Curd, Clifford, Patton, Queisser Nays; None. i ------------------------ Moved by Alderman Curd that the rules requiring Ordinances to be passed on three separate days be suspended and an emergency declared. i Motion seconded by Alderman Jones and carried by the following vote; Yeas; Aldermen Curd, Patton, Clifford, Jones, Queisser Nays; None. ------------------------ Moved by Alderman Curd that Ordinance No. 699 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Jones and carried by the f following vote; Yeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays; None. ------------------------ The hearing with reference to paving Broad Street from lath. to 24th. Streets continued from January 25th. was called and after hearing protests the following motion was put in order. be adopted. Moved by Alderman Queisser that the following resolution Motion seconded by Alderman Jones and carried by the following vote; Yeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays; None. Form 8-Broad '. 18th. to 24th. RESOLUTION. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS _. INTERESTED WITH REGARD TO IMPROVEMENT OF BROAD STREET FROM THE SOUTH PROPERTY LINE OF EIGHTEENTH STREET TO THE NORTH PROPERTY LINE OF 24TH. STREET, AND DETERMINING AMOUNTS OF A SES NTS AGAINST ABUTTING LOTS AND PARCELS OF PROPERTY AND THE 0,. THEREOF. BE IT RESOLVED BY THE BOARD DER7,tEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: V WHEREAS, the said Board of Alderme has heretofore order- ed that, Broad Street from the South Property Line o Eighteenth Street to the North Property Line of Twenty Fourth Street, i said City be im- proved by raising, grading and filling same and instal ing concrete curbs and gutters and paving with one course reinforced conc_ete, and WHEREAS, by resolution of the Board of Aldermen passed and approved on the 17th, day of August 1925, it was ordered that a hear- ing to all owners of property abutting on said portion of said street above mentioned and to all others interested, be held in the Council Chamber of said Board in the Basement of the City National Bank Building in said City at 7:30 P. M. on the 25th. day of January 19261and that due notice thereof be given to said parties, and WHEREAS, in accordance with said resolution due notice of the time and place and object of such hearing was given and such hearing was duly held, and whereas all parties, their agents and attorneyls, and all other desiring to be heard, have been fully and fairly heard, and the following protests were made at said hearing: C. Cohen, owner of 224 feet abutting on this street; protesting against the cost of such improve- ments and declaring that this is an inopportune time therefor. THEREFORE, BE IT RESOLVED BY THE. SAID BOARD OF ALDERMEN, I. THAT, all protests and objections, whether therein specifically mentioned or not, be, and the same are hereby over ruled in whole and in part. Thak the Board of Aldermen find from the evidence presented thereto that no property will be damaged by iyeans of, or as a result of, any of such proposed improvements. It is further declared that the ,just and proper rule of apportionment of the cost of said improvement is that reported in estimates, statements and reports of the City Engineer filed on the 21st. day of December 1925, and heretofore approved by the Board and that by such plans and rules equality and ,justice will exist, between the various lots and parcels of land shown to be affected thereby, and the respective owners thereof; and the Board further finds that each lot or parcel of land abutting on said portion of said Street will be benefited, in enhanced value by means of such improvements thereon in an amount in excess of the portion of costs to be assessed against same as shown by said estimates and reports of the City Engineer. II. THAT said sums be assessed against said lots or par- cels of land and against the owners thereof, and the City Attorney is hereby directed to prepare and present detail form of assessment Ordinances levying such assessments in accordance with the Charter and Laws in force in this City and in accordance with the Ordinances, and other proceedings applicable thereto. That said hearing be and is hereby closed as to all parties and as to all said improvements. III. THAT this resolution shall take effect from and after its passage. PASSED AND APPROVED this the day of A. D. 1926 4 Moved by Alderman Clifford that the tax complaint of C. C. Knight and ;rohn Hall with reference to the assessment of Lot 10, Block 1, Campbell Addition be referred to Commissioner Jones for investigation and report. Motion seconded by Alderman Queisser and carried. Moved by Alderman Clifford that the complaint of property owners in Brown Addition with reference to an unsanitary condition created 1by the Ft. Worth and Denver Railroad be referred to Commissioner Patton for investigation and necessary action. Motion seconded by Alderman Jones and carried. Moved by Alderman Clifford that the Mayor be authorized to sign a quit claim deed to clear title as to delinquent taxes on Lot 9, Block 90, Original townsite, when he is satisfied that all taxes are paid. Motion seconded by Alderman Patton and carried. Moved by Alderman Clifford that the building inspector be authorized to approve a building permit for J. B. Whitman for the construction of a frame store building at 1400 Sibley Avenue. Motion seconded by Alderman Patton and carried. Moved by Alderman, Clifford that the building inspector be authorized to approve a permit for the construction by M. H. Freeland of a filling station on Lot 7, Block 4, Sibley -Taylor Addition. Motion seconded by Alderman Queisser and carried. tions be adopted. Moved by Alderman Patton the the following resolu- following vote; Motion seconded by Alderman Jones and carried by the Yeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays; None. Form 10-16th. Travis -Austin. RESOLUTION. WHEREAS, contract in writing betweeh the City of Wichita FallsandL. E. Whitham and Company for the improvement of the following street in said City to -Wit: Sixteenth Street from the West Property Line of Travis Street to the East Property Line of Austin Street together with construction bonds and maintenance bonds required thereby, are this day presented to the Board of Aldermen for adoption and approval, and, WHEREAS, the bid of L. E. Whitham and Company for the making and construction of the improvement provided for in the said con- tracts, has after due advertisement and notice, been made and upon opening of the said Bids, said contract was awarded to the said Company, and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said con- tract to be paid by the City of Wichita Falls; THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, that there be and is hereby set as de n appro riated out of the funds available for that purpose, the sum of- -4 Z1- - a ----- to pay and defray all that portion of the cost of improving said portion of said street to be paid by the City of Wichita Falls: The said contract and construction bond and maintenance bond, be and the same are hereby approved and adopted, and the Mayor is hereby authorized to execute and sign the said contract, in the name of the City q That this resolution shall take effect from and after its passage. Approved and passed this 1st. day of February 1926. Form 11-16th. Travis -Austin RESOLUTION. WHEREAS, contracts in writing between L. E. Whitham and Company and the City of Wichita Falls, for performing of all work of ex- cavation in connection with the improvement of Sixteenth Street from the West Property Line of Travis Street to the East Property Line of Austin Street for the prices named therein and upon the -terms therein set forth binding the City of Wichita Falls, Texas, to do and perform all work of excavation upon said street, as is provided in the contract, being one contract for said street, are this day presented to the Board of Aldermen for adoption and approval, and, WHEREAS, it is deemed advisable to enter into said contract upon the terms set forth therein, and for the compensation therein pro - tided, Therefore, be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas: I. That the City of Wichita Falls, Texas, do enter into con- tracts with L. E. Whitham and Company binding, the City to do and perform all work of excavation shown in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said contract in the name of the City. III. passage. That this resolution shall take effect from and after its Passed and approved this lst. day of February A. D. 1926. Form 10-16th. Burnett -Holliday RESOLUTION. WHEREAS, contract in writing between City of Wichita Falls and L. E. Whitham and Company for the improvement of the following street in said City to -wit: Sixteenth Street from the West property Line of Burnett,Street to the East Curb Line of Holliday Street together with constructs-esnbonds and maintenance bonds required thereby, are this day presented to the Board of Aldermen for adoption and approval; and WHEREAS, the bid of L. E. Whitham and Company for the mak- ing and construction of the improvement provided for in the said con- tracts, has after due advertisement and notice, been made and upon opening of the said Bids, said contract was awarded to the said Company, and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said con- tract to be paid by the City of Wichita Falls; THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, that there be and is hereby set aside and appro- �'priated out of the funds available for that purpose, the sum of /�j)•lph/ to pay and defray all that portion of the cost of improv ng saxcL portion of said street to be paid for by the City of Wichita Falls. The said contract and the construction bond and maintenance bond, be and the same are hereby approved and adopted, and the Mayor is hereby authorized to execute and sign the said contract, in the name of the City passage. That this resolution shall take effect from and after its Approved and passed this lst. day of February 1926. Form 11-16th. Burnett -Holliday RESOLUTION. t WHEREAS, contracts in writing between L. E. Whitham and Company and the City of Wichita Falls, for performing of all work of excavation in connection with the improvement of Sixteenth Street from the West Property Line of Burnett Street to the East Curb Line of Holliday Street for the prices named therein and upon the terms there- in set forth binding the City of Wichita Falls, Texas, to do and perform Tall work of excavation upon said street,, as is provided in the contract, being one contract for said street, are this day presented to the (Board of Aldermen for adoption and approval, and, WHEREAS, it is deemed advisable to enter into said contract upon the terms set forth therein, and for the compensation therein provided, Therefore, be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas; I. That the City of Wichita Falls, Texas, do enter into con- tracts with L. E. Whitham and Company binding the City to do and perform all the work of excavation shown in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said contract in the name of the City. III. passage. That this resolution shall take effect from and after its Passed and approved this lst, day of February A. D. 1926. Form 10-Magnolia Smarsh-Elizabeth RESOLUTION. WHEREAS, contract in writing between the City of Wichita Falls and L. E. Whitham and Company for the improvement of the following street in said City to -wit; Magnolia Street from the North Curb Line of Smarssh Street to the South Curb Line of Elizabeth Street together with construction bonds and maintenance bonds required thereby, are this day presented to the Board of Aldermen for adoption and approval; and, WHEREAS, the Bid of L. E. Whitham and Company for the making and construction of the improvement provided for in the said contracts, has after due advertisement and notice, been made and upon opening of the said Bids, said contract was awarded to the said Company, and THEREAS,it.is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said contract to be paid by the City of Wichita Falls; THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls that there be and is hereby set aside and appro- P a d ut of the funds available for that prupose, the sum of r -C) to pay and defray all that portion of the cost of improving Raid portion of Magnolia Street from the North Curb Line of Smarsh Street to the South Curb Line of Elizabeth Street to be paid for by the City of Wichita Falls; The said contract and construction bond and maintenance bond, be and the same are hereby approved and adopted, and the Mayor is hereby authorized to execute and sign the said contract, in the name of the City. passage. That this resolution shall take effect from and after its Approved and passed this I day of 1926. Form 11-Magnolia Smarsh-Elizabeth. RESOLUTION. WHEREAS, contract in writing between L. E. Whitham and Company and the City of Wichita Falls, for performing of all work of ex- cavation in connection with the improvement of Magnolia Street from the North Curb Line of Smarsh Street to the South Curb Line of Elizabeth Street for the prices named therein and upon the terms therein set forth binding the City of Wichita Falls, Texas, to do and perform all work of excavation upon said street, as is provided in the contract, being one con- tract for said street, are this day presented to the Board of Aldermen for adoption and approval, and, WHEREAS, it is deemed advisable to enter into said con- tract upon the terms set forth therein, and for the compensatiann therein provided, Therefore, be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas; I. That the City of Wichita Falls, Texas, do enter into contracts with L. E. Whitham and Company binding the City to do and perform all the work of excavation shown in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said contract in the name of the City - III. That this resolution shall take effect from and after its passage. Passed and approved this 41. day of A.D. 19261 Form 10-Smarsh Holliday -Grace RESOLUTION. WHEREAS, contract in writing between City of Wichita Falls and L. E. Whitham and Company for the improvement of the following street in said City to -wit: Smarsh Street from the West Property Line of Holliday Road to Center Line of Grace Street together with cc natrudtion bonds and maintenance bonds required thereby, are this day presented to the Board of Aldermen for adoption and approval; and, V.7HEREAS, the Bid of L. E. Whitham and Company for the making and construction of the improvement provided for in said contracts, has after due advertisement and notice, been made and upon opening of the said Bids, said contract was awarded to the said Company, and, WHEREAS, it is deemed necessay to set aside and provide for the payment of all that portion of the cost required in the said con- tract to be paid by the City of Wichita Falls; THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, that there be and is hereby set aside and o prriated out of the funds available for that prupose, the sum of �} _ to pay and defray all that portion of the cost ofimproving sai-[c portion of Smarsh Street from the West Property Line of Holliday Road to the Center Line of Grace Stbeet to be paid for by the City of Wichita Falls: The said contract and the construction bond and main- tenance bond, be and the same are hereby approved and adopted, and the Mayor is hereby authorized to execute and sign the said contract,in the name of the City its passage. That this resolution shall take effect from and after �'" Approved and passed thisj�h, day of &AV 1926 Form 11-Smarsh Holliday -Grace. RESOLUTION. WHEREAS, contracts in writing between L. E. Whitham and Company and the City of Wichita Falls, for performing of all work of excavation in connection with the improvement of Smarsh Street from the West Property Line of Holliday Road to the Center Line of Grace Street, for the prices named therein and upon the terms therein set forth binding the City of Wichita Falls, Texas, to do and perform all work of excavation upon said street, as is provided in the con- tract, being one contract for said street, are this day presented to the Board of Aldermen for adoption and approval, and WHEREAS, it is deemed advisable to enter into said contract upon the terms set forth therein, and for the compensation therein provided, THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas; I. That the City of Wichita Falls, Texas do enter into con- tracts with L. E. Whitham and Company binding the City to do and perform all the work of excavation shown in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said contract in the name of the City. III. That this resolution shall take effect from and after its passage. Passed and approved this 4 day of &46�A.. D. 1926. ----------------------- Engineerrs Letter Wichita. Falls, Texas. February 1, 1926 Hon, Mayor and City Commissioners, Wichita Falls, Texas. Gentlemen: This is to certify that the pavement on Alley Block 173, from the South Property Line of Eighth Street to the North Property Line of Ninth Street has been completed by L. E. Whitham and Company in accordance with the plans and specifications therefor heretofore filed with your honorable body. I, therefore, recommend that this pavement be accepted. Respectfully, F. M. Rugeley City Engineer. be adopted. Moved by Alderman Queisser that the following resolution following vote; Motion seconded by Alderman Jones and carried by the Yeas; Aldermen Jones, Patton, Curd, Clifford, Queisser Nays; None. Form 14- Alley Block 173 RESOLUTION. RESOLUTION ACCEPTING THE IMPROVEvIENTS ON ALLEY BLOCK 173 FROM THE SOUTH PROPERTY LINE OF STH. ST. TO THE NORTH PROP- ERTY LINE OF 9th. ST. AND DIRECTING THE MAYOR AND CITY CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND ANDTHE OWNERS THEREOF ABUTTING UPON SAID PORTION OF SAID STRF=T. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA-FALLS, I WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore orderdd that Alley Block 173 from the South Property Line of 8th. Street to the North Property Line of 9th. Street be improved by raising, grading, and filling same and installing concrete curbs and gutters and paving same and after due notice and hearing, special assess- ments were levied against the various lots and tracts of land and the owners thereof abutting upon the said portion of said street, and contract for the making and construction of the said improvements was entered into with; L. E. 11rhitham and Co. WHEREAS, the said L. E. Whitham and Company has fully per- formed itssaid contract and the said improvements have been made and constructed in accordance with the said contract and the specifications therefor, and to the entire satisfaction of this Board; I. That the said improvements on said portion of said street be and the same are hereby accepted and L. E. Whitham and Company and the sureties on its construction bond are hereby released of any further ob- ligation for or on account of the contract or bond for the making and con- structing of said improvements. II. That this resolution does not and shall not in any wise effect the bond of the said Company for the maintenance of the said improvements, but such maintenance bond shall and does remain in full force and effect. That the Mayor and City Clerk be and they are hereby author- ized, instructed, and directed to issue to L. E. Whitham and Company certificates of special assessment in evidence of the various assessments levied against the respective lot or parcels of land abutting upon said portion of said street, and the owners thereof, and against which special assessment has been levied, reciting the description of such property, the amount of the assessment against same, the owner thereof, the terms of payment thereof, the rate of interest, the date of completion and acceptance of the said improvements, the lien of the said assessment and the personal obligation and liability of the owner of the property, and reciting that all proceeding with reference to making such improvements have been regularly had in accordance with the Law, the Charter of said City, the terms of the certificate, and that all prerequisites to the fixing of a lien and claim of personal liability evidenced by the cer- tificates have been performed and containing other appropriate and per- tinent recitals, and in accordance with the contract with the said company and the law in force in the City, and the proceedings of this Board. IV. This resolution shall take effect from and after its pass- age. 1926. PASSED AND APPROVED, this the lst. day of February A. D. ORDINANCE NO. 690 AK ORDINANCE CHANGING THE NAME OF AVENUE "P" TO YORK STREET AND FAIRVIEW AVENUE TO WENONAH AVENUE. Moved by Alderman Jones that Ordinance No. 690 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Queisser and carried by the following vote; Yeas Aldermen Jones, Curd, Clifford,Patton, Queisser Nays; None The public hearing with reference to granting a franchise to the Wichita Falls and Southern Railway Company for the purpose of placing telegraph and telephone poles over and along certain streets and alleys was called and as no protests were filed the following motion was put in order: ORDINANCE NO. 677 AN ORDINANCE GRANTING TO THE WICHITA FALLS AND SOUTHERN RAILROAD COMPANY A FRANCHISE TO BUILD AND MAINTAIN TEL- EGRAPH AND TELEPHONE POLES AND LINE OVER THE STREETS, AVENUE AND ALLEYS IN WICHITA FALLS, TEXAS, UNDER CER_ TAIN CONDITIONS AND RESTRICTIONS IMPOSED HEREIN. Moved by Alderman Clifford that Ordinance No.'677 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Jones and carried by the following vote: Yeas; Aldermen Patton, Curd, Jones, Clifford, Queisser Nays; None. ORDINANCE NO. 701 AN ORDINANCE GIVING AND GRANTING TO THE WICHITA FALLS TRACTION COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT TO EXTEND, CONSTRUCT AND OPERATE A STANDARD GAUGE CAR LINE OR LINES ON, OVER; ACROSS AND UPON THE FOLLOTING DESCRIBED AND NAMED STREETS IN THE CITY OF WICHITA FALLS, TEXAS, TO -WIT: BEGINNING AT A POINT kA7HERE CRITTENDEN STREET INTERSECTS WITH BROOK AVENUE AND NORTH FIFTH STREET, THENCE IN A NORTHERLY DIRECTION ALONG BROOK AVENUE TO THE INTERSEC- TION OF NORTH TENTH AND NORTH BROOK AND TO THE 1NTERSEC- TION OF THE PRESENT LINE. PROVIDING THAT SAID TRACKS SHALL BE LAID IN,CONFORMITY WITH THE FRANCHISE HERETOFORE GRANTED TO J. A. KEMP AND FRANK KELL ON THE 27th. DAY OF JANUARY, 1909, AND ALL OF THE AMENDMENTS THERETO AND THE PROVISIONS AND CONDITIONS OF SAID FRANCHISE AND AW.ENDMENTS THERETO ARE EXPRESSLY MADE APPLICABLE TO THIS ORDINANCE, EXCEPT*j HOTEVER, AS OTHERWISE PROVIDED IN THIS ORDINANCE. Moved by Alderman Queisser that Ordinance No. 701 be passed on its first reading. following vote; Motion seconded by Alderman Jones and carried by the Yea;; Aldermen Jones, Curd, Clifford, Patton, Queisser Nays; None. ------------------- ------ Moved by Alderman Jones that a publid hearing be called for the punpose of hearing protests against the proposed amendment.to the franchise of the WichitasFalls Traction Company as out -lined in Ordinance No. 701. Said hearing to be held in the Council Chamber in the Basement of the City National Bank Building at 7:30 P. M. on March 8, 1926. Motion seconded by Alderman Curd and carried. ORDINANCE NO. 697 ORDINANCE AMENDING SECTIONS 4,6 9 and 14, OF ORDINANCE NO. 538, AN ORDINANCE ENTITLED it AN ORDINANCE CREATING THE OFFICE OF ELECTRICAL INSPECTOR, REGULATING THE WAY AND MANNER IN WHICH ELECTRIC WIRES AND APPARATUS SHALL BE INSTALLED IN THE CITY OF WICHITA FALLS, TEXAS, AND PROVIDING FOR THE GENERAL INSPECTION OF SUCH WORK; PRO- VIDING FOR THE ISSUANCE OF LICENSES AND PERMITS; PRO- VIDING FOR FEES TO BE CHARGFD FOR DOING SUCH WORK; REPEALING ORDINAN'CES NOS. 109 and 227, AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREIVITH, AND PRO- VIDING PENALTIES". 11THICH SAID ORDINANCE ?'.IAS HERETOFORE ADOPTED BY SAID BOARD OF ALDERMEN ON THE 15th. DAY OF SEPTEMBER, 1924. Moved by Alderman Curd that Ordinance No. 697 be passed on its first reading. ing vote: Motion seconded by Alderman Jones and carried by the follow- Yeas; Aldermen Jones, Curd, Clifford, Patton, Queisser Nays; None. Moved by Alderman Jones that the City Clerk be authorized to draw a warrant for 6,000,00 payable to W. S. Curlee, Agent for Harry ;1 C. Howard, to cover the cost of forty (40) acres of land owned by Hicks and Howard in the John A. Scott Survey No. 14, Abstract No. 304 to be used as a site for a sewerage disposal plant. Motion seconded by Alderman Curd and carried. Moved by Alderman Patton that the bill of the Austin National Bank in the amount of $"140.00 covering insurance, postage and expense in connection with the shipment of $575,000.00 worth of Bonds to New York City be approved and allowed. Motion seconded by Alderman Curd and carried. ---------------------------- adopted. Moved by Alderman Jones that the following resolution be Motion seconded by Alderman Patton and carried by the following vote; Yeas; Aldermen Patton, Jones, Curd, Clifford, Queisser Nays; None. Form 1. Taft RESOLUTION. RESOLUTION DECLARING THE NECESSITY OF IMPROVING A PORTION OF TAFT STREET IN THE CITY OF WICHITA FALLS, STATING THE NATURE OF SUCH IMPROVEMENTS ANDTHE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED. BE IT, AND IT IS HEREBY RESOLVED BY THE CITY OF WICHITA FALLS, TEXAS, THAT: I. It is necessary that Taft Street from its intersection with south Ine of Lots 7 a 4- lock 95A and 94 A to its intersection with i!4a '_ oper'y line of , be improved by raising, grading, filling and paving the same, and installing concrete curbs and gutters, and that the same be, improved with one of --the following methods and materials, to -wit; (a) Concrete (b), Brick (c) Willite Process Asphalt (d)Warrenite-Bitulithic The City Engineer is hereby directed to have plans, pro- files, specifications and estimates embracing the foregoing materials and plans of improvements prepared, and to file the same with the Board of Aldermen, the City Engineer being so instructed, there being no City Manager III. manner, to -wit; The said improvements shall be paid for in the following The benefited and abutting property, and the owners there- of, shall be assessed and pay for all of the cost of installing curbs, and not exceeding ninety-two ' per cent of the remaining cost of such im- provements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners there of shall be payable in six (6) equal installments, the first of which shall be due on or before thirty (30) days after date of completion and accept- ance by the City of such improvements; the second shall be due on or before one (1) year after such Iate;the third shall be due on or before two (2) years after such date; the fourth shall be due on or before three (3) years after such date; the fifth shall be due on or before four (4) years after such date and the sixth shall be due on or be- fore five (5) years after such date, the entire amount of such sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (6%) per cent per annum, payable annually, but such property, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and holder of the certificate of special assessment issued in evidence thereof, mature the entire a amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and charges and demands of whatsoever kind, excepting only State, County and Municipal taxes. No assessment shall be levied against any lot or parcel of land, or the owner thereof, in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if a,ame shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property, and the owners thereof, shall be issued to the contractor or party performing and executing the work of such improve- ment and containing recitals lawful and properly applicable thereto, and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assessment, and any other matters with reference to said improve- ment shall be done and performed in the manner and form provided by the Charter and laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. passage. This resolution shall take effect from and after its PASSED AND APPROVED this the lst, day of February 1926 Form 2 Engineers Letter Wichita Falls, Texas. February 1, 1926 To The Honorable Mayor and Board of Aldermen of the City of Wichita Falls, Texas. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Taft Street from the south lim�e���9fR Lota F in jl�owk 9 A and 94A, Highland Addition to the Nertfi of , I have prepared and hand you herewith pla�Yprofiles, specifications and estimates of the proposed improvements, the same embraces the different materials, plans and methods of improvement set forth and specified in the said resolution. (Signed) F. M. Rugeley (Aty Engineer be adopted. Moved by Alderman Jones that the following resolution following vote; Motion seconded by Alderman Patton and carried by the Yeas; Aldermen Curd, Patton, Jones, Clifford, Queisser Nays; None. Form 3- Taft RESOLUTION. RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PROPOSED IMPROVE- MENT OF A PORTION OF TAFT STREET IN THE CITY OF WICHITA FALLS, TEXAS, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENT. BE IT RESOLVED BY THE BOARD OF ALDERIJ.EN OF THE CITY OF `WICHITA FALLS, THAT: J WHEREAS, by resolution passed on the 1st. day of February 1926 the Board of Aldermen 6f the City of Wichita Falls declared the necessity of improving Taft Street from th5oso�tY,,Iine of ]Lots 7 aid in f$ �c s A and 94A Highland Addition to the nsi-h property line of Yby raising, grading, and filling same, and paving same and installing concrete curbs and gutters, with the materials and in the manners and methods stated in the said resolutions, and gave the method by which it was proposed that payment be made therefor, and directing the City Engineer to have plans, profiles, specifications and estimates of the proposed improvement prepared; and WHEREAS, the said City Engineer has prepared such plans, profiles, specifications and estimates and has filed the same with the Board of Aldermen, and the same have been inspected and examined and corrected, where necessary; I. THAT the said plans, profiles and specifications and estimates, be and they are hereby adopted and approved as those under, by, and in accordance with which said improvements shall be made and con- structed. II. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improvements, in the manner and for the length of time and in the form required and provided by the City Charter and laws in force and in effect at this time, and by ordinances and proceedings of this Board and such bids will be received until and shall be opened on the day of 1926 at 7;30 o'clock, P. M. and all bids shal bye made in the manner an7 accompanied by certified check and by the guarantee provided and required by the said specifications. III. This resolution shall take effect from and after its passage. 1926. Passed and approved this the 1st, day of February Form 6 - Engineers Letter Grace-9th-13th. Wichita Falls, Texas. February lst. 1926 Hon. Mayor and Board of Aldermen, Wichita Falls, Texas. Gentlemen: I hand you herewith report and estimate of the cost of improving Grace Street from its intersection with the South Property Line of Ninth Street to its intersection with the North Property Line of Thirteenth Street showing the amount tc be assessed against such -" property owners, etc., as required by the Charter and by the proceedings of your Honorable Body. As is shown on this report the estimated total cost of the improvement will be Cy 333 • 7A ment will be $ The estimated amount payable by the City for this improve- 417'/," The estimated amount payable by the owners of the abutt- ing property will be 96 ij— The estimated amount proposed to be assessed against the abutting property and the owners thereof for curb will be per front foot. The estimated amount proposed to be assessed against the abutting property and the owners thereof for improvements other than curb will be __per front foot. The total estimated amount proposed to be assessed against the abutting property and the owners thereof will be er front foot. The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gutters and two inch sheet Asphalt (Willits Process) pavement on five inch concrete foundation, all in accordance with the specifications therefor heretofore adopted by and filed with your Honorable Body. Respectfully submitted, Signed F. M. Rugeley City Engineer. be adopted. Moved by Alderman Jones that the following resolution following vote; Motion seconded by Alderman Curd and carried by the Yeas; Aldermen Jones, Curd, Clifford, Patton, Queisser Nays; None. Form 7-Grace 9th.-13th. RESOLUTION. RESOLUTION APPROVING THE RFFORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST OF ASSES9YIENTS FOR THE IMPROVE- IVIENT OF A PORTION OF GRACE STREET; FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTER- ESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THERE- OF, AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF INICHITA FALLS, TEXAS, THAT; 'VHFREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Grace Street from its intersection with the south property line of Ninth Street to its intersection with the North Property Line of Thirteenth Street and has received estimates, plans and specifications from the City Engi- neer, and after adoption of same and after due advertisement and notice, competitive bids were received and it has been determined that allof the cost of constructing curbs along said portions of said street, and not exceeding ninety-eight per cent of the remaining cost of said improve- ment, as determined at the hearing hereinafter mentioned, shall be assess- ed against the Property abutting -thereon, and against the property owners thereof, and that said property is the property that will be benefited by means of said improvement; and the City Engineer has made and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvements, and the estimated amount to be assessed against each lot or parcel of property and the owner thereof, and showing other matters and things required by law and the City Charter and the proceed- ings of this Board for such reports, and same has been examined and corrected; I. THAT a hearing will be given to the owners of property proposed to be assessed for the said improvements, being the property abutting on said portion of said Street, and to all others interested and same shall be given and held in the Council Chamber in the Basement of the City National Bank Building in the City of Wichita Falls, at 7:30 o'clock P. M., on the 25th, day of January 1926, and at which hearing and at said time and place the owners of said property, or any of them, their agents or attorneys or any one else in any way interested either in the said property or in said improvements, or in any manner or method of making and constructing same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damges of said property, shall be fully and fairry heard as to any of said matters and as to the amounts to be assessed against the said property and the owners thereof, and as to the benefits to their said property in enhanced value by means of said improvement, and as to damages to said property or the owners thereof, resulting from or to be sustained by reason of said improvements, or as to any other matter or things in any wise inci- dent or connected with the said improvement, contract, proceedings or assessment therefor, or the method or manner of paying for same. II. 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 will be passed upon by the Board, and said hearing may be continued from time to time until all desiring to be heard shall have been fully heard, and after all have been fully and fairly heard the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and will determine the lots or parcels benefited by means of said improvements, and will determine the amount of damages, if any, to each such lot or parcel of property and the owner thereof, the enhanced value of each lot or parcel of property by means of said improvements, and will correct any errors, mistakes, in - validities in any proposed assessment, and in any proveedings wicth refer- ence to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, levy and make assessments against each such peice or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in accordance with the terms required by law in force in this City, and the City Charter, and the ordinances, resolutions and other pro- ceedings of this Board, and such assessments, when levied, shall be a first and prior lien. After such hearing is closed anyone desiring to appeal therefrom shall prosecute an appeal in any Court having jurisdiction with twenty (20) days from the date of such hearing is closed, and final assessment is levied, and thereafter, and all persons, firms, corporations, estares and other parties, shall,after the expiration of the twenty days from the levying of such assessment, be forever barred, and estopped in any manner doubting or resisting same or asserting any error, irregularity, mistake or invalidity therein. The City Clerk is hereby directed to give notice of the 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 newspaper of the City, which notice shall be in substantially the following form, to -wit: "TO THE U NERS OF PROPERTY ABUTTING ON GRACE STREET BETIEEN NINTH STREF,T AND THIRTEENTH STREET AND ALL OTHERS INTERESTED" NOTICE is hereby given of the intention of the City to proceed with the improvement of Grace Street from its intersection with the south property line of Ninth Street to its intersection with the North Property Line of Thirteenth Street by raising, grading, and fill- ing same and installing concrete curbs and gutters where adequate curbs and gutters are not now installed, and paving with two inch sheet asphalt (Willite Process) pavement with five inch plain concrete foundation, and assessing a portion of the cost of making and constructing such improvements against all lots and parcels of property abutting on said portion of said street and all lots and parcels of property benefited by means of such improvements and the owners of such lots or parcels of property; and such assessments, when levied, shall be a first and prior lien upon the lots and parcels of property assessed, and a personal claim and charge against the owners thereof. On the . day of :14� 1926 in the Council Chamber in the City National Bank Building in the City of Wichita Falls, Texas at 7:30 P. M. all such owners and their agents or attorneys, or any other persons or parties desiring to be heard, will be fairly 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 amounts to bd assessed against each lot or parcel of property and the owners thereof, are on file in the office of the City Clerk and are open to inspection. The estimated cost of said improvement is $ The estimated amount to be assessed against the property owners is The estimated amount to be assessed for curb is � o.J-b per lineal foot of curb; and The estimated amount of the assessment a ainst property owners and their property for pavement and excavation is per front foot. All persons, firms, corporations or estimates, their agents or attorneys, desiring to be heard in the matter or thing in any wise connected with said improvements, the assessment therefor the benefits thereof, the damages resulting therefrom, or the proceed- ings connected therewith, shall be and appear before said Board at said time and place. Done in accordance with Resolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the / day of Z� 1926. City Clerk. An said notice shall be published in said news- paper not less than times, and the first of said publications shall appear not less than fourteen days prior to the date set for said hearing, not counting the day of 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 said notice, such letter to be desposited in the Post Office at Wichita Falls, Texas, but such notice by letter shall be cumulative of the notice by advertisement, and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. 1926. PASSED AND APPROVED this the lst, day of February ----------------------- Form 6-Harri3on 7th.-10th. Wichita Falls, Texas. February 1, 1926 Hon. 1dayor and Board of Aldermen, Wichita Falls, Texas. Gentlemen: I hand you herewith report and estimate of the cost of improving Harrison Street from its intersection with the south curb line of Seventh Street to its intersection with the north IrM line of Tenth Street, showing the amount to be assessed against such property owners, etc., as required by the Charter and by the proceedings of your Honorable Body. As is shown on this report the estimated total cost of the improvement will be y s t The estimated amount payable by the City for this improvement will be The estimated amount payable by the owners of the l abutting property will be w_//�lGv. o The estimated amount proposed to be assessed against the abutting property and the owners thereof for curb will be per front foot. The estimated amount proposed to be assessed against the abutting property and the owners thereof for improvements other than curb will be per front foot. i I The total estimated amount proposed to be assessed against the abutting property and the owners thereof will be i_ojper front foot. The estimated damage is nothing in any case. The estimate and report is based upon concrete curbs and gutters and two inch sheet asphalt (Willite Process) pavement on five inch plain concrete foundation, all in accordance with the specifications therefor heretofore adopted by and filed with your Honorable Body. Respectfully submitted, Signed F. MRugeley City Engineer. adopted. ing vote; Moved by Alderman Jones that the following resolution be Motion seconded by Alderman Curd and carried by the follow - Yeas; Aldermen Patton, Curd, Clifford, Queisser, Jones. Nays; None. Form 7-Harrison 7th. to loth. RESOLUTION. RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST OF ASSESSMENTS FOR THE IMPROVEMENT OF A PORTION OF HARRISON STREET; FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY 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 ALDERIIiEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Harrison Street from its intersection with the south curb line of Seventh Street to its inter- section with the north curb line of Tenth Street and has received estimates plans and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, competitive bids were received and it has been determined that all of the cost of constructing curbs along said portions of said street, and not exceeding nine_ty-eight per cent of the remaining cost of said improvement, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon, and against the property owners thereof, and that said property is the property that will be benefitted by means of said improvement; and the City Engineer has made and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvements, and the estimated amount to be assessed against each lot or parcel of property, and the owner thereof, and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected; I. THAT a hearing will be given to the owners of property proposed to be assessed for the said improvements, being the property abutting on said portion of said Street, and to all others interested, and same shall be given and held in the CouncilChamberin the basement of the City National Bank Building in the City of Wichita Falls, at 7:30 o'clock P. M. on the IlAu day of y 1926 and at which hearing and at said time and place the owners �d property, or any of them, their agents or attorneys or any one else in any way interested either in the said property or in said improvements, or in any manner or method of making and constructing same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said property, shall be fully and fairly heard as to any of said matters and as to the amounts to be assessed against the said property and the owners thereof, and as to the benefits to thier said property in enhanced value by means of said improvement, and as to damages to said propebty or the owners thereof, resulting from or to be sustained by reason of said improvements, or as to any other matter or thing in any wise incident or connected with the said improvement, contract, proceedings, or assessments therefor, or the method or manner of paying for same. That any claim for damages shall be made in wiriting and shall set forth the matters and things in the manner and form pro- vided and required by law andthe 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 will be passed upon by the Board,and said hearing may be continued from time to time until all desiring to be heard shall have been fully heard, and after all have been fully and fairly heard the said hearing will be closed and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assess- ed against each lot or parcel of property and against the owner there- of, and will determine the lots or parcels benefited by means of said improvements, and will determine the amount of damages, if any, to each such lot or parcel of property and the owner thereof, the enhanced value of each lot or parcel of property by means of said improvements, and will correct any errors, mistakes, invalidates in any proposed assessment, and in any proceedings with reference to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, leby and make assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in accordance with the terms required by law in fore in this City, and the City Charter, and the ordinances, resolutions and other proceedings of this Board, and such assessments, when levied shall be a first and prior lien. After such hearing is closed anyone desiring to appeal therefrom shall prosecute an appeal in any Court having jurisdiction with twenty (20) days from the dateof such hearing is closed and final assessment is levied, and thereafter, and all persons, firms, corporations, estates, and other parties shall, after the expiration of the twenty days from the levying of such assessment, be forever barred and estopped in any manner doubting or resisting same or asserting any error, irregularity, mistake or invalidity therein. The City Clerk is hereby directed to give notice of the 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 newspaper of the City, which notice shall be sub- stantially the following form, to -wit; "TO THE 0"'NERS OF PROPERTY ABUTTING ON HARRISON STREET BETWEEN SEVENTH STREET AND TENTH STREET AND ALL OTHERS INTERESTED" NOTICE is hereby given of the intention of the City to proceed with the improvement of Harrison Street from its inter- section with the south curb line of Seventh Street to its intersec- tion with the north curb line of Tenth Street by raising, grading, and filling same and installing concrete curbs and gutters where adquate curbs and gutters are not now installed, and paving with two inch sheet asphalt (Willite Process) pavement on five inch plain concrete foundation, and assessing a portion of the cost of making and constructing such improvements gainst all lots and par- cels of property abutting on said portion of said street and all lots and parcels of property benefited by means of such improvements and the owners of such lots or parcels of property; and such assess- ments, when levied, shall be a first and prior lien upon the lots and parcels of property assessed, and a personal claim and charge against the owners thereof. t�„ On the day of 1926 in the Council Chamber in the Basement of the City National an Building in the City of Wichita Falls, Texas, at 7:30 o'clock P. N=, all such owners and their agents or attorneys, or any other persons or parties desiring to be heard, will be fairly 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 amounts to be assessed against each lot or parcel of property and the owners thereof, are on file in the office of the City Clerk and are open to inspection. The estimated cost of said improvement is $)? A 2 " The estimated amount to be assessed against the property owners is $ !f(_o, Cio The estimated amount to be assessed for curb is pd_o per lineal foot of curb; and, y The estimated amount of the assessment against property owners and their property for pavement and excavation is per front foot. All persons, firms, corporations or estimates, their agents or attorneys, desiring to be heard in the matter or thing in any wise connected with said improvements, the assessment therefor, the bene- fits thereof, the damages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board at said time and place. Done in accordance with Resolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the 1st, day of February, 1926, City Clerk. And said notice shall be published in said newspaper not less than464W time§ and the first of said publications shall appear not less than fourteen days prior to the date set for said hearing, not count- ing the day of hearing, and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a regis- tered letter containing a copy of said notice, such letter to be deposited in the Post Office at Wichita Falls, Texas, but such notice by letter shall be cumulative of the notice by advertisement, and such notice by adver- tisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. PASSED AND APPROVED this the lst. day of February 1926. Moved by Alderman Queisser that the Wichita Falls Electric Company be instructed to place sixteen (16) street lights in Scotland Addition. Motion seconded by Alderman Patton and carried. Moved by Alderman Queisser that the expense account of A. H. Douglass in the amount of $39.05 covering his expense on trip to Ft. Worth to attend the Water Works School be approved and allowed. Motion seconded by Alderman Jones and carried. Moved by Alderman Patton that the bill of Adrian Construction Company in the amount of $225.00 covering cost of building % vault in the Water Department Office be approved and allowed. Motion seconded by Alderman Jones and carried. Moved by Alderman Jones that the expense of C. P. Logan to attend the Water Works School in the amount of $28.00 be approved and allowed. Motion seconded by Alderman Curd and carried. Moved by Alderman Curd that the Manager's Fund in the Water Department be reduced to $50.00 which amount is to be used for the payment of consumers deposits refunds and other emergency items which cannot be put through the regular course. Motion seconded by Alderman Jones and carried. Moved by Alderman Jones that the City Treasurer be authorized to puree t �t le sinking funds $2,000.00 worth of Water Works Bon dated e�uar , 1920, optional February 10, 1930. Motion seconded by Alderman Curd and carried. Moved by Alderman Jones that the Mayor be authorized to issue instructions to the Irving Bank -Columbia Trust Company out- lining the delivery of Bonds to C. W. Whitis and Associates as follows: Bank to deliver to Whitis any Bonds requested so long as he takes average maturities out of each issue and that he be allowed to exchange maturities out of each issue; provided average maturities are maintained in each issue and that he take up $150,000.00 at once and the balance in accordance with contract. This order re- ferring to Bonds in the amount of $575,000.00 authorized at election held on November 10, 1925. Motion seconded by Alderman Curd and carried. Bids for furnishing a ton truck to the Street Depart- ment were opened and considered but action was deferred until next regular meeting. Moved by Alderman Jones that the Water Department be allowed to construct a twelve (12) inch water main across Block 48A, Highland Addition. Motion seconded by Alderman Queisser and carried. Moved by Alderman Jones that F. H. Arbuckle be refund- ed the sum of $15.00 to ,cover fine imposed on him for the violation of the, ordinance re.guirdng sewer connections 4vhen he had paid for a permit in accordance with the provisions of ordinance No. 209 said permit being numbered 1879. Motion seconded by Alderman Clifford and carried. The Board of Aldermen then adjourned. Read and approved this the 8th. day of February, 1926. ATTEST: ayor C ylty C er