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Min 05/17/1926Wichita Falls, Texas. Basement City Nat'l. Bank Bldg. May 17, 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 J. H. Patton 0 Frank Queissero J. W. Hunt Aldermen P. B. Curd Oral Jones 4 W. E. McBroom, City Clerk W. E. George, City Attorney. The minutes of the previous meeting were read and approved. Moved by Alderman Jones that the taxes for the years 1923, 1924 and 1925 on Lot 2, Block 142 be remitted on account of this prop- erty being used and occupied as a public day nursery. Motion seconded by Alderman Queisser and carried. Moved by Alderman Curd that Reid and Costley be permitted to use part of the alley and street at the corner of 6th. and Scott Streets for the storage of material during the construction of two business buildings at this location; said alley and street to be used for a period not to exceed six (6) months. Motion seconded by Alderman Hunt and carried. Moved by Alderman Jones that the building inspector be author- ized to issue a permit to P. E. Hunter for the construction of a two story brick business building at 13th. and Broad Streets. Motion seconded by Alderman Hunt and carried. Moved by Alderman Hunt that the Contractors Machine and Supply Company be permitted to pave a part of the street in front of their property in Scotland Addition provided said pavement is done under the supervision of the City Engineer. Motion seconded by Alderman Queisser and carried. The hearing with reference to paving Polk Street from Bullington to loth. Streets was called and after hearing protests the following motion was put in order. adopted. Moved by Alderman Curd that the following resolution be ing vote; Motion seconded by Alderman Jones and carried by the follow - Yeas; Aldermen Patton, Curd, Jones, Hunt and Queisser Nays; None. Form 8-Polk Bullington-loth. RESOLUTION. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHER INTERESTED INITH REGARD TO IMPROVEMENT OF POLK STREET FROM THE SOUTH PROPERTY LINE OF BULLINGTON TO NORTH PROPERTY LINE OF TENTH STREET, AND DETERMINING AMOUNT 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 s id Board of Aldermen has heretofore ordered that Polk Street from the South Property Line of Bullington to the North Property Line of Tenth 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 WHEREAS, by resolution of the Board of Aldermen passed and approved on the 8th. day of March 1926, 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 17th, day of May 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 hear- ing was duly held, and whereas all parties, their agents and attorneyls and all others desiring to be heard, have been fully and fairly heard, and the following protests were made at said hearing: G. H. Hodgins, J. J. Fennesy, and Mrs. McDermitt, owners of 450 feet on this street. 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 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 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, statements and reports of the City Engineer filed on the 8th. day of March 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 reppective owners thereof; and the Board further find that each lot or parcel of land abutting on said portion of said Street will be bene- fited 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 parcels of land and against the owners thereof, and the City Attorney is here- by 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 PASSED AND APPROVED this 17th, day of May, A. D. 1926. ORDINANCE NO. 766 ORDINANCE LEVYING ASSESSMENT FOR, EART OF THE COST OF IMPROVING A PORTION OF POLE 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. 766 be passed on its first reading. Motion seconded by Alderman Jones and carried by the follow- ing vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Curd that the rules requiring ordinances to be passed on three separate days be suspended and an emergency declared. Motion seconded by Alderman Jones and carried by the follow- ing vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Curd that Ordinance No. 766 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Jones and carried by the follow- ing vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Jones that the following resolutions be adopted. Motion seconded by Alderman Hunt and carried by the follow- ing vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Form 10-Polk Bullington-loth. 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: Polk Street from the South Property Line of Bullington Street to the North Property Line of loth. Street, together with contraction bonds and maintenance bonds required there by, 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 WHEREAS, 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 s propriated out of the funds available for that purpose, the sum ofIlk 1.161, p to pay and defray all that portion of the cost of improving said por on of Polk Street from the South Property Line of Bullington Street to the North Property Line of loth. 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 here- by authorized to execute and sign the said contract, in the name of the City. That this resolution shall take effect from and after its passage. Approved and passed this 17th. day of May 1926. Form 11-Polk Bullington-loth. 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 Polk Street from the South Property Line of Bullington Street to the North Property Line of loth. 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 con- tract upon the terms set forth therein, and for the compensation there- in 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 per- form 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. passage. III. That this resolution shall take effect from and after its Passed and approved this 17th. day of May A. D. 1926. The hearing with reference to paving Avenue "I" from Giddings to Bell was called and after hearing protests the following motion was put in order. Moved by Alderman Curd that the hearing be continued until 7:30 P. M. May 24, 1926. Motion seconded by Alderman Hunt and carried. The hearing with reference to paving Avenue "J" from Taft to Jones Streets was called and after hearing protests the following motion was put in order. adopted. Moved by Alderman Hunt that the following resolution be Motion seconded by Alderman Patton and carried by the following vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nags; None. Form 8-Ave "J" Taft -Jones. RESOLUTION. RESOLUTION CLOSING HEARING WITH REFERENCE TO IMPROVE- MENTS AND ASSESSMENTS THEREFOR ON A PORTION OF AVENUE "J" IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 12th, day Of October 1925 it was ordered that Avenue "J" from its intersection with the West Curb Line of Taft Street to its intersection with the West property line of Jones Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construction of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said -Z10 street, with the names of the owners thereof, as far as known, and showing the amounts to be assessed against each parcel, and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all others of abutting property and to all others interested and a time and place was fixed therefor; and at said time and place, to -wit the 17th, day of May, 1926, at 7:30 o'clock, P. M., in the Council Chamber in the City National Bank Building in the City of Wichita Falls, Texas, said hearing was duly had and held, notice of the time rind place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at said hearing the following protests were made, to -wit: Miss Ida Moore, owner of 150 feet and protesting that the cost was prohibitive. And all parties desiring themselves to be heard, their agents, representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and having heard and consider- ed all protdsts and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over -ruled, and that said hearing should be closed; and all errors and other matters requiring, corrections or redtification having been corrected and rec- tified: THEREFORE, BT IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF Va CHITA FALLS, TEXAS, THAT: I. All protests and objections, whether herein enumerated or not, be, and the same are hereby -overruled. II. The Board of Aldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced in value by means of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improvements made and applied and shown on the Engineer's roll or statement is substan- tially in proportion to the benefits received by means of the improve- ments, and that such apportionment is just and equitable and results in substantial ,justice and equality between the various parcels of property and the owners thereof, considering burdens imposed and bene- fits received. That the said hearing be, and it is hereby closed, and it is ordered that each parcel of property abutting upon the said improve- ments and the owners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns preceeding such column; and it is directed that ordinance levying such assessments in accordance with the terms and provisions of the proceedings of the City with reference to said improvements and in accordance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums assessed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the proceedings of the City; and further finds all other matters and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 17th, day of May, 1926. ------------------------ e�IN'i ORDINANCE NO.767 ORDINANCE LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE "J" IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COL- LECTION OF SUCH ASSESSMENTS ANDFOR THE ISSUANCz OF ASSIGNABLE CERTIFICATES. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Moved by Alderman Hunt that Ordinance No. 767 be pass- ed on its first reading. following vote: Motion seconded by Alderman Patton and carried by the Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Curd that the rules requiring ordi- nances to be passed on three separate days be suspended and an emergency declared. following vote; Motion seconded by Alderman Queisser and carried by the Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Curd that Ordinance No. 767 be passed on its third and final reading and be adopted as read. following vote; Motion seconded by Alderman Queisser and carried by the Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. adopted. Moved by Alderman Curd that the following resolution be following vote; Motion seconded by Alderman Hunt and carried by the Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Form 10-Ave "J" BESOLUTION. Taft -Jones. RESOLUTION APPROVING CONTRACT FOR THE IMPROVEMENT OF A PORTION OF AVENUE "J" IN THE CITY OF WICHITA FALLS; AUTHORIZING THE MAYOR TO SIGN SAME; APPROVING THE CON- TRACTOR S BONDS THEREFOR AND APPROPRIATING FUNDS FOR THE CITYIS PORTION OF THE COST THEREOF. WHEREAS, a contract in writing between the City of Wichita Falls, Texas, and Plains Paving Company for the improvement of Ave "J" from its intersection with the West curb line of Taft Street to its intersection with West Property Line of Jones Street, together with the construction and maintenance bonds, required thereby, are this day pre- sented to the Board of Aldermen for adoption and approval; and WHEREAS, the bid of Plains Paving Company for the making and construction of the improvements provided for in the said contracts, has after due advertisement and notice, been made and upon the opening of the bids said contract was awarded to said Plains Paving Company; and _ WHEREAS, it is deemed necessary to set aside and pro- vide for the payment of all that portion of the cost required in said contract to be paid for by the City of Wichita Falls; THEREFORE, BE IT RESOLVFD BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS; THAT, I. There be and is hereby set aside and appropriated out of the funds available for that purpose, the sum of One Hundred Thirty and 93/100 ($150.93) Dollars to pay and defray all that portion of the cost of im- proving said portion of Avenue "J", to be paid for by the City of Irichita Falls. II. The said contract and the construction 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. III. This resolution shall take effect and be in force from and after its passage. APPROVED AND PASSED this 17th, day of May, 1926. The hearing with reference to paving Jones Street from Avenue "J" to the Wichita Valley Railway Tracks was called and after hearing protests the following motion was put in order. ed. Moved by Alderman Curd that the following resolution be adopt - Motion seconded by Alderman Hunt and carried by the following vote; Yeas; Aldermen Patton, Jones, Curd, Hunt, Queisser Nays; None. Form 8- Jones Ave. "J"-WVRR RESOLUTION. RESOLUTION CLOSING HEARING 7TITH REFERENCE TO IMPROVE- MENTS AND ASSESSMENTS THEREFOR ON A PORTION OF JONES STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 12th. day of October, 1925 it was ordered that Jones Street from its intersection with the Center line of Avenue "J" to its intersection with the North property line of Wichita Valley Railway, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and con- struction of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners thereof as far as known, and showing the amounts to be assessed against each parcel, and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting property and to all others interested and a time and place was fixed therefor; and at said time and place, to -wit, the 17th. day of May, 1926, at 7:30 o'clock, P. M., in the Council Chamber in the City National Bank Building in the City of Wichita Falls, Texas, said hearing was duly hand and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper, and at said hearing the following protests were made, to -wit: prohibitive Miss Ida Moore, owner of 60 feet, protesting that the cost was J. C. Ward, owner of 50 feet, protesting that the assessment was not authorized by him. And all parties desiring themselves to be heard, their agents representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and having heard and considered all protests and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over -ruled, and that said hearing should be closed; and all errors and other matters requiring corrections or rectifications having been corrected and rectified; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and objections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of Aldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced in value by means of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improve- ments made and applied and shown on the Engineer's roll or statement is substantially in proportion to the benefits received by means of the improvements, and that such apportionment is ,just and equitable and results in substantial justice and equality between the various par- cels of property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be and it is hereby closed and it is ordered that each parcel of property abutting upon the said im- provements and the owners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns preceeding such column; and it is directed that ordi- nance levying such assessments in accordance with the terms and pro- visions of the proceedings of the City with reference to said im- provements and in accordance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums as- sessed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the pro- ceedings of the City; and further finds all other matters and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 17th. day of May 1926. ORDINANCE NO. 768 ORDINANCE LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF JONES 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. Moved by Alderman Jones that Ordinance No. 768 be pass- ed on its first reading. following vote: Motion seconded by Alderman Curd and carried by the Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Hunt that the rules requiring Ordi- nances to be read on three separate days be suspended and an emergency declared. following vote; Motion seconded by Alderman Jones and carried by the Yeas; Aldermen Patton, Hunt, Jones, Curd, Queisser Nays; None. Moved by Alderman Curd that Ordinance No. 766 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Jones and carried by the follow- ing vote; adopted. vote: Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Jones that the following resolution be Motion seconded by Alderman Curd and carried by the following Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Form 10- Jones Ave."J"-WV RR tracks RESOLUTION. RESOLUTION APPROVING CONTRACT FOR THE IMPROVEMENT OF A PORTION OF JONES STREET IN THE CITY OF WICHITA FALLS; AUTHORIZING THE MAYOR TO SIGN SASE: APPROVING THE CONTRACTOR'S BONDS THEREFOR AND APPROPRIATING FUNDS FOR THE CITYIS PORTION OF THE COST THEREOF. WHEREAS, a contract in writing between the City of Wichita Falls Texas, and Plains Paving Company for the improvement of Jones Street from its intersection with the Center Line of Avenue "J" to its inter- section with the North Property Line of Wichita Valley Railway, together with the construction and maintenance bonds, required thereby, are this day presented to the Board of Aldermen for adoption and approval, and, WHEREAS, the bid of Plains Paving Company for the making and construction of the improvements provided for in the said contracts has after due advertisement and notice, been made and upon the opening of the bids said contract was awarded to said Plains Paving Company, and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in said contract, to be paid for by the City of Wichita Falls; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT I. There be and is hereby set aside and appropriated out of the funds available for that purpose, the sum of Twelve Hundred Thirty Five and 35/100 ($1235.35) Dollars to pay and defray all that portion of the cost of improving said portion of Jones Street, to be paid for by the City of Wichita Falls. II. The said contract and the construction and maintenance bond, be and the samre are hereby approved and adopted and the Mayor is hereby authorized to execute and sign the said contract in the name of the City. III. This resolution shall take effect and be in force from and after its passage. APPROVED AND PASSED this 17th. day of May, 1926. The hearing with reference to paving Grace Street from Ninth to Thirteenth Streets, continued from the last meeting, was called and after entering protests the following motion was put in order. adopted. Moved by Alderman Queisser that the following resolution be Motion seconded by Alderman Jones and carried by the following vote: Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nags; None. Form B-Grace 9th.-13th. RESOLUTION. RESOLUTION CLOSING HEARING WITH REFERENCE TO IMPROVEMENTS AND ASSESSMENTS THEREFOR ON A PORTION OF GRACE STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 14th, day of December, 1925, it was ordered that Grace Street from its intersection with the south property line of Ninth Street to its intersection with the North Property Line of Thirteenth Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construc- tion of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners thereof, as far as known, and showing the amounts to be assessed against each parcel and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting property and to all others interested and a time and place was fixed therefor; and at said time and place, to -wit, the 3rd. day of May, 1926, at 7:30 o'clock P. M. in the Council Chamber in the City National 'Bank Building in the City of Wichita Falls, Texas, said hearing was duly had and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at said hearing the follow- ing protests were made, to -wit: Standifer, owner of 165 feet, protesting that the cost was too high. Roscoe Staton, owner of 165 feet, protesting that the cost was too high Mrs. J. Jackson and Mr. Bentley, owners of 530 feet, protest- ing that the cost was too high. And all parties desiring themselves to be heard, their agents, representatives and attorneys, were fully and fairly heard and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and having heard and considered all protests and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over -ruled, and that said hearing should be closed; and all errors and other matter re- quiring, corrections or rectification having been corrected and recti- fied: THEREFORE, .BE IT RESOLVED BY THE BOARD OF ALDER4EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. All protests and objections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of Aldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced in value by means of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improvements made and applied and shown on the Engineerts roll or statement is substan- tially in proportion to the benefits received by means of the improve- ments, and that such apportionment is just and equitable, and results in substantial justice and equality between the various parcels of property and the owners thereof, considering burdens imposed and bene- fits received. That the said hearing be, and it is hereby closed, and it is ordered that each parcel of property abutting upon the said improve- ments and the owners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respect- ive parcels under the column "Total Assessment" and itemized in the columns preceeding such column; and it is directed that ordinance levying such assessments in accordance with the terms and provisions of the proceedings of the City with reference to said improvements and in accord- ance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums assessed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the proceedings of the City, and further finds all other matters and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROVED this the 17th. day of May 1926. ORDINANCE NO. 769 ORDINANCE LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF GRACE STREET IN THE CITY OF Z"ICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OTNERS THEREOF, PROVIDING FOR THE COL- LECTION ®F SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Hunt that Ordinance No. 769 be passed on its first reading. Motion seconded by Alderman Patton and carried by the follow- ing vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. -------------------------- Moved by Alderman Hunt the the rules requiring Ordinances to be passed on three separate days be suspended and an emergency de- clared. ing vote; Motion seconded by Alderman Jones and carried by the follow - Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Hunt that Ordinance No. 769 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, Hunt, Queisser Nays; None. ------------------------- Moved by Alderman Jones that the following resolution be adopted. Motion seconded by Alderman Hunt and carried by the following vote: Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. ------------------------. P^ N Form 10-Grace 9th.-13th. RESOLUTION. RESOLUTION APPROVING CONTRACT FOR THE IMPROVEMENT OF A PORTION OF GRACE STREET IN THE CITY OF WICHITA FALLS; AUTHORIZING THE MAYOR TO SIGN SAME; APPROVING THE CON- TRACTOR'S BONDS THEREFOR AND APPROPRIATING FUNDS FOR THE CITY'S PORTION OF THE COST THEREOF. WHEREAS, a contract in writing between the City of Wichita Falls, Texas, and Plains Paving Company for the improvement of Grace Street from its intersection with South Property Line of Ninth Street to its intersection with North Property Line of Thirteenth Street, together with the construction and maintenance bonds, required thereby, are this day presented to the Board of Aldermen for adoption and approval; and WHEREAS, the bid of Plains Paving Company for the making and construction of the improvements provided for in the said contracts, has after due advertisement and notice, been made and upon the opening of the bids said contract was awarded to said Plains Paving Company; and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in said contract 6o be paid for by the City of Wichita Falls; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS; THAT I. There be and is hereby set aside and appropriated out of the funds available for that prupose, the sum of Eighteen Hundred Seventy Two and 43/100 ($1872.43) Dollars to pay and defray all that portion of the cost of improving said portion of Grace Street, to be paid for by the City of Wichita Falls. II. The said contract and the construction and maintenance bond, be and the samre are hereby approved and adopted and the Mayor is hereby authorized to execute and sign the said contract in the name of the City. III. This resolution shall take effect and be in force from and after its passage. APPROVED AND PASSED this 17th, day Of -May 1926. Moved by Alderman Curd that the plat and dedication of Call Field Sub -Division filed by James A. Curtis, be approved. Motion seconded by Alderman Curd and carried. Moved by Alderman Curd that the petition for paving Victory Street from Devol to Harrison Streets be received. Motion seconded by Alderman Jones and carried. -------------------------- Moved by Alderman Curd that the building inspector be authorized to issue a permit to W. C. Perkins for the construction of a store building at 2212 Holliday Street. Motion seconded by Alderman Jones and carried. Moved by Alderman Curd that the claim of 3..A.Polhemus for reimbursement of excavation costs on Cherokee Street be referred to Com. Hunt for investigation and report. Motion seconded by Alderman Queisser and carried. � Q• G Moved by Alderman Queisser that the City Attorney be instructei to notify M. E. Cox to move his house out of the street at the Corner of Polk and Eighth Streets. Motion seconded by Alderman Hunt and carried. --------------------- ORDINANCE NO. 757 AN ORDINANCE TO CLOSE, VACATE. AND BANDON THE ALLEY IN BLOCK 84-A, OF THE HIGHLAND ADDITION, AND RESERVING AN EASEMENT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING SEWER LINES, ELECTRIC LIGHT WIRES, TELEPHONE WIRES, GAS LINES AND WATER LINES Moved by Alderman Hunt that Ordinance No. 757 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Patton and carried, by the follow- ing vote: Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; 'None. ' -------------------- ORDINANCE NO. 747 AN ORDINANCE AMENDING SECTION 8 OF ORDINANCE NO. 340, PASS- ED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS ON THE LOTH. DAY OF JANUARY, 1921, ENTITLED: "AN ORDINANCE CREAT- ING THE EXAMINING AND SUPERVISING BOARD OF PLUMBERS, DESIGI- NATING THE MEMBERS THEREOF, AND PRESCRIBING THEIR POWER AND DUTIES AND TERM OF OFFICE, PROVIDING FOR THE LECENSING OF PLUMBERS, AND THE GIVING OF INDEMNITY BONDS BY PERSONS, FIRMS, OR CORPORATIONS, ENGAGED IN THE BUSINESS OF PLUMBING IN THE CITY OF WICHITA FALLS, TEXAS, AND SETTING FORTH THE RULES, REGULATIONS, MANNER AND WAY IN WHICH PLUMBING WORK SHALL BE 0 DONE; THE KIND AND CLASS OF MATERIALS TO BE USED IN SUCH WORK, THE INSPECTION OF PLUMBING AND AISO SCALE OF FEES FOR SUCH INSPECTIONS: DEFINING THE POWER AND DUTIES OF THE CITY ENGI_ NEER AND INSPECTOR OF PLUMBING, AND REQUIRING PERMITS FOR CERTAIN KINDS OF PLUMBING DRAINAGE, AND COMPELLING BUILDINGS UNDER CERTAIN CONDITIONS TO BE CONNECTED WITH SANITARY SE4"'ERS, PROHIBITING THE THROWING OF "TASTES, GARBAGE? ETC., INTO THE SEINER SYSTEM, AND THE INJURY OF THE SYSTEM IN ANY MANNER, and prescribing penalties for the violation of any of the pro - VISIONS OF THIS ACT, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT ',KITH SAME, AND CREATING THIS AN EMERGEAL CY MEASURE AND SUSPENDING THE RULES". Moved by Alderman Hunt that Ordinance No. 747 be passed on its third and final reading. Motion seconded by Alderman Patton and failed to carry by the following vote; Yeas; Aldermen Patton, Hunt Nays; Aldermen Curd, Queisser, Jones. --------------------- ORDINANCE NO. 770. AN ORDINANCE AMENDING SECTION 8, OF ORDINANCE NO. 340, PASSED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS ON THE LOTH. DAY OF JANUARY, 1921, ENTITLED:"AN ORDINANCE CREATING THE EXAMINING AND SUPERVISING BOARD OF PLUMBERS, DESIGINATING THE MEMBERS THEREOF, AND PRESCRIBING THEIR POWER AND DUTIES AND TERM OF OFFICE, PROVIDING FOR THE LICENSING OF PLUMBERS, and giving of indemnity bonds by persons, firms, or corpora- TIONS ENGAGED IN THE BUSINESS OF PLUMBING IN THE CITY OF P'ICHITA FALLS, TEXAS, AND SETTING FORTH THE RULES, REGULATIONS MANNER AND ;NAY IN WHICH PLUMBING WORK SHALL BE DONE: THE KIND AND CLASS OF MATERIALS TO BE USED IN SUCH WORK, THE INSPECTION OF PLUMBING AND ALSO SCALE OF FEES FOR SUCH INSPECTIONS: DE- FINING THE POI"IER AND DUTIES OF THE CITY ENGINEER AND INSPECTOR OF PLUMBING, AND REQUIRING PERMITS FOR CERTAIN KINDS OF PLUMB- ING DRAINAGE, AND COMPELLING BUILDINGS UNDER CERTAIN CONDITIONB TO BE CONNECTED WITH SANITARY SEWERS, PROHIBITING THE THROWING OF "TASTES, GARBAGE, ETC., INTO THE SEWER SYSTEM, AND THE IN- JURY OF THE SYSTEM IN ANY MANNER, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ANY OF THE PROVISIONS OF THIS ACT, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT WITH SAME, AND CREATING THIS AN EMERGENCY MEASURE AND SUS- PENDING THE RULES AND DECLARING AN EMERGENCY. first reading. Moved by Alderman Curd that Ordinance No. 770 be passed on its Motion seconded by Alderman Queisser and carried by the following vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Moved by Alderman Curd that the rules requring ordinances to be passed on three separate days be suspended and an emergency declared. Motion seconded by Alderman Queisser and carried by the following vote; Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None Moved by Alderman Curd that Ordinance No. 770 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 Patton, Curd, Jones, Hunt, Queisser Nays; None. -------------------- Engineer's letter on 18th. Wichita Falls, Texas. Burnett -Broad May 17, 1926. Hon. Mayor and City Commissioners, Wichita Falls, Texas. Gentlemen: This is to certify that the pavement on 18th. Street from the West Property Line of Burnett Street to the West Property Line of Broad 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 Ci'tyineer, Moved by Alderman ,Cones that the following resolution be adopted. vote; Motion seconded by Alderman Hunt and carried by the following Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. Form 14-18th. Burnett -Broad RESOLUTION. RESOLUTION ACCEPTING THE IMPROVEMENTS ON 18TH. STREET FROM THE WEST PROPERTY LINE OF BURNETT STREET TO THE WEST PROPERTY LINE OF BROAD STREET, AND DIRECTING THE MAYOR AND CITY CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND AND THE OTINERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that 18th. Street from the West property line of Burnett Street to the West Property Line of Broad Street be improved, by raising, grading, and filling same, and installing concrete curbs and gut- ters and paving same, and after due notice and hearing, special assessments were levied against the various lots and tracts of land and the owners there- of 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. Whitham and Company, and, WHEREAS, the said L. E. Whitham and Company, has fully per- formed its said contract, and the said improvements have been made and con- structed in accordance with the said contract and the specifications there- for, and to the entire satisfaction of this Board: THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF '9ICHITA FALLS, TEXAS, 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 from any further obligation for, or on account of, the contract or bond gor the making and constructing of said improvements. II. That this resolution does not and shall not in any way effect the bond of the said company for the maintenance of the said improve- ments, but such maintenance bond shall and does remain in full force and effect. III. That the Mayor and City Clerk be and they are hereby authorized instructed, and directed to issue to the said L. E. Whitham and Company certificates of special assessment, in evidence of the various assess- ments levied against the respective lot or parcels of land abutting upon said portion of paid 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 s•ch 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 lia- bility evidenced by the certificates have been performed, and containing other appropriate and pertinent recitals, all 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 and be in force from and after its passage. PASSED AND APPROVED, this 17th, day of May, A. D. 1926. ------------------------- Moved by Alderman Queisser that the City Clerk be instructed to draw warrant on the general fund emergency appropriation payable to Sam Sprolesto cover the cost of moving and remodeling the band- stand and pavillion in Bellevue Park. Motion seconded by Alderman Hunt and carried. ------------------------- Moved by Alderman Curd that the sewer department be authorized to pay P. P. Langford the sum of $$250.00 for a right-of-way over his land for the necessary pipe lines and road way to serve the new sewer- age disposal plant. Motion seconded by Alderman Queisser and carried. ------------------------- Moved by Alderman Jones that the bill of the Security National Bank in the amount of $h2697.50 coveripg interest on warrants carried by them during the months of December 1925 and January, February and March 1926 be approved and allowed. Motion seconded by Alderman Patton and carried. ------------------------- ORDINANCE NO. 771 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 655 PASSED AND APPROVED ON THE 23rd. DAY OF N0VEYBER, A. D. 1925, ENTITLED:" AN ORDINANCE FOR THE LICENSING AND REGULATION OF AUTOMOBILES FOR HIRE AND PROVIDING PENALTIES". Moved by Alderman Queisser that Ordinance No. 771 be passed on its first reading. Motion seconded by Alderman Jones and carried by the following vote: Yeas; Aldermen Patton, Curd, Jones, Hunt, Queisser Nays; None. -------------------- Moved by Alderman Jones that the City Clerk be in- structed and authorized to draw warrants on the Street Improvement Fund payable to the various property owners to cover excavation ex- pense assessed against them as follows: STREET FROM TO AMOUNT. Wenorah Ave. Seymour N. line of Blk. 8 ,$757j/t Ninth Street Tilden Hays -Indian Hts. 434.59• Onaway Trail (2 sections) 375.28- Avenue P Grant Fairview 1262.44- Avenue H Giddings Harrison 254.17- Indian Hts. Blvd. 1213.1Z31 --Giddings. Street Ave. "G" Avenue H 302.11- Taft Street Ave. J Avenue L 599.45• Avenue J Hays Garfield 203.76, Garfield Street Avenue J Avenue L 590.08• Tilden Street Avenue I Ozark 700.62• Garfield Street Avenue E Avenue G 584.04• Arthur Street Seymour Rd. Avenue K 533.37. Warford Street Seventh Eighth 302.04• Bluff Street Eighth Ninth 309.84• Fourteenth Street Burnett Grace 1700.51. Amount due $10,121.41 Motion seconded by Alderman Hunt and carried. Moved by Alderman Hunt that Commissioner Jones be allowed to be absent from the next meeting of the Board of Aldermen. Motion seconded by Alderman Patton and carried. Moved by Alderman Jones that the City Engineer be authorized to enter into contract with the James Construction Company for the construction of 10 man holes to cost as follows: Manholes 0 to 4 ft. deep $53.00 of 4 to 5 ft. " 58.00 of 5 to 6 ft. of 65.00 of 6 to 7 ft. " 72.00 of 7 to 8 ft. " 79.00 " 8 to 9 ft. of 86.00 Motion seconded by Alderman Hunt and carried. Moved by Alderman Curd that Alderman Patton be granted thirty days leave of absence. Motion seconded by Alderman Hunt and carried. Moved by Alderman Curd that the water department be authorized to construct four hundred (400) feet of 2 inch park line on Broad Street from Twenty Third to Twenty Fourth Streets at an approximate cost of •,$140.00. Motion seconded by Alderman Queisser and carried. Moved by Alderman Jones that the petition for paving a portion of Kings Highway and Sunset Drive be received. Motion seconded by Alderman Hunt and carried. Moved by Alderman Queisser that the purchase of the Staton-Voss building at 820 Ohio Avenue by the Mayor, to be used as E; 2 an annex to the City Hall at a cost of $41,000.00 be ratified and approved. Motion seconded by Alderman Curd and carried. The Board of Aldermen then adjourned. Read and approved this 24th. day of May, 1926. ATTEST: �Ulty Ulerk. �`--� p c �. u ..