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Min 09/13/1926�)23 Wichita F-11s, Texas, Basement City Nat'l Bank Bldg., September 13, 1926. F.. h �' The Board of-:lderme of the City of Wichita Falls met in regular session on the -bove date with the following members present: R.E. Shepherd, TZa.yor, Orel Jones, ) P.B. Curd, ) J.'�.. Hunt, ) Aldermen, Frank Queisser,) J.H. Patton, ) W.E. McBroom, City Clerk, W.E. ,George, City _.ttorney. The minutes of the previous meeting were read and approved. Y- - - - - - - - - - - Tioved by-lderm.:n Hunt that the Vendope Sign System be given a temporary permit to instil Texas -Oklahoma Fair advertising on the street corners leading to the fair grounds. Motion seconded by ._lderman Jones and carried. Moved. by __lderman Patton that the application of D.A. Brundage for a permit to construct a store building on the corner of SpeedwLq and Brook ..venue be received and the City Clerk be instructed to advertise a public hearing to be held at 7:30 p.m. September 27th, in the basement of the City National Bank Building, for the purpose of hearing protests. Yotion seconded by alderman Jones and carried. Moved by ..lderman aueisser that Callahan, y;nitham and YcF:xrlane, contractors on the sewage disposal plant, be allowed the sum of-pproximately $'1500.00 to cover the cost of a control for the pump to be used in the operation of the plant - this item not being included in the original plans and specifications. I;otion seconded by _lderman Jones and carried. :"oved by Alderman Jones that C.E. Litchfield bpi gr-nted a permit by the Building Inspector• to construct . business building at the corner of -_venue F and Monroe Streets, on lot 8, block 65, Floral Heights ._ddition. "otion seconded by Alderman Curd and carried. �^ - - - - - - - - - Moved by :_lderman Curd that the Building Inspector be authorized to issue - permit to the Gulf Refining Company for a filling station to be constructed at the corner of Tenth :end Holliday Streets. Potion seconded by :.lderman Zueisser and carried by the following vote: Yeas: Aldermen 'J,ueisser, Curd, and Hunt. Nays: __ldermen Jones and Patton. Moved by Alderman Patton that on account of error in advertising notice of sale the advertising cost be remitted on lot 12, block 25, Kemp addition, the property being controlled by Mrs. Sutherland, adminixtratrix. Wotion seconded by alderman Queisser and carried. Engineer's letter on Ave. A Wichita Falls, Texas, September l6th, 1926. Hon. Mayor and City Commissioners, Wichita Falls, Texas. Gentlemen, This is to certify that the pavement on Avenue A, from the nest property line of Tyler Street,°to the East property line of Monroe Street, has been completed by L.E.°Whitham & Company, in accordance with the Plans and Specifications therefor heretofore filed with your honorable body. I, therefore, recommend that this pavement be accepted. Respectfully, (Signed)Rugeley City Engineer. Moved by alderman Hunt that the following Resolution be adopted. ' Motion seconded by alderman Patton and carried by the following vote: Yeas: .ldermen Jones, Curd, Patton, Q,ueisser, and Hunt. Nays: None. Form 14 AvbhnetAset Tyler to Monroe. RESOLUTION RESOLUTION ACCEPTING THE IMPROVEME15TS ON AVENUE A FROM THE WEST PROPERTY LINE OF TYLER STREET TO THE EAST PROPERTY LINE OF MONROE STREET, � ND DIRECTING THE ILIYOR AND CITY CLERK TO ISSUE CERTIFIG_-:TES OF SPECIAL ASSESSMINT LEVIED AGAINST THE V..RIOUS LOTS OR TRACTS OF L�.ND AND THE O:INERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET. WHERE.,S, the Board of :,ldermen of the City of Wichita Falls, Texas, has heretofore ordered that Avenue ]I, from the Hest property line of Tyler Street, to the East property line of Monroe Street be improved by raising, grading,°and filling s-me, and installing concrete curbs and gutters and paving same, and after due notice and hearing, special assessments 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 im- provements was entered into with L.E. Whitham and Company, and, ,�MERE.;S, the said L.E. Whitham and Company has fully per- formed its said contract, and the said improvements have been made and constructed in accordance with the said contract and the specifi- cations therefor, and to the entire satisfaction of this Board. TH.i'REF ORE, N E IT RESOLVIT BY THE BO_,RD OF _.i.DERL9EN OF THE CITY OF WICHITr. PALLS, TEXAS: I. That the said improvements on said portion of said street be and the same are hereby accepted and L.E. Ghitham .nd. Company and C25 the sureties on its construction bond are hereby released from any further obligation for, or on account of, the contract or bond for 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 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 authorized, instructed, and directed to issue to the said 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 pay- ment thereof the rate of interest, the date of completion and ac- ceptance of the said improvements, the lien of the said assessment and the personal obligation and liability of the owners of the -prop- erty, 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 person- al liability evidenced by the certificates have been performed, and containing other appropriate and pertinent recitals, all in accord- ance 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 M 12PROVED this the 13th day of September ­D. 1926. Moved by _.lderman Hunt that the following Resolution be adopted. Lotion seconded by Alderman Jones and carried by the following vote: Yeas: _ldermen Jones, Curd, Queisser, Hunt, and Patton. Nays: None. Form 5 Filmore __ve. K to Ave. 11. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MA AND FILE REPORT WITH THE BO-RD OF _.LDER i SHO ING ESTII!:.Th-D COST OF IXPROVEI NT OF - PORTION OF FILMORE STREEET FROM NORTH PROPERTY LINE OF ..VENUE K TO THE NORTH PROPERTY LINE OF _t:VENUr' M. BE IT RE30LVED BY THE BO..RD OF ALDERMi OF THh, CITY OF wICHIT_. Fr_L S , TEX_ S , THi_T : :JIy'RE.,LS, the Board of aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Filmore Street, from the North property line of Avenue K to the North property line of venue M by rising, grading and filling same and inst-lling concrete curbs and gutters and pavement with foundation, and has caused advertisements to be made for bids for the making and construction of said improvements to be made _nd bids therefor have been taken, and said Board has determined to make the same 26 in the manner described and with one course reinforced concrete as shown in the specifications adopted therefor. NOV,.' THEREFORE: I. The City Engineer is hereby directed, in accordance with provisions of Section 108 of the City Charter, to make and file a report with the Board of sldermen showing thereon the estimated total cost of the proposed improvements, the proportion thereof to be paid by the City, the proportion thereof to be assessed against the abutting property, and the owners of land abutting thereon and benefited thereby, and the owners thereof, the rate per lineal foot proposed to be assessed for curb, and the amount to be assessed, in each case, for curb, the estimated amount to be assessed for excavation for pavement per front foot, the rate per front foot of property proposed to be assessed for improvement other than curb, the total amount proposed to be assessed against each lot or parcel of land and the owners thereof, and such report may show other matters or things and shall show the estimated amount of damages, if any, to each piece or parcel of property, and the owners thereof, which will be sustained by reason of said improve- ments. Such report shall in all respects comply with the resolution and other proceedings of this Board with reference to the proposed improvement of said portion of said street. II. This resolution shall take effect from and after its passage. PnSSED AND _PPROVED this the 13th day of September A.D. 1926. Form 6 Filmore Street. _.ve. K to Ave. M. To the Mayor and Board of aldermen of the City of Wichita Falls, Texas. Gentlemen, Wichita Falls, Texas, September 13, 1926. I hand you herewith report and estimate of the cost of improving Filmore Street from the North property line of .venue K to the North property line of _:venue M, showing the amount to be assessed against such property owners, etc., as required by the Charter and laws and by the proceedings of your, Honorable Body: As is shown on this report the estimated total costs of the improvement will be $/�bvl.3'k, The estimated amount payable by the City for this improvement will be � 1-r7AV The estimated amount payable by the owners of the abutting property will be Theestimated cost to property owners per lineal foot of curb is $ 0,� The estimated amount to be assessed for excavation for pavement per front foot is 4 VAiPg z The estimated cost to be assessed against property owners for pavement is $ per front foot. The estimated cost to be assessed against property owners for pavement, exclusive of curb is $ 6.0$781 per front foot. The estimated damages are nothing in any case. n� 2 ,' . This estimate and report is based upon one -course rein- forced concrete, all in accordance with the specifications thereof heretofore adopted by and filed with your Honorable Body. Respectfully submitted, (Signed) F.P.I. Rugeley L�ngineer. Moved by Alderman Hunt that the following Resolution be adopted. Motion seconded by _.lderman Jones and carried by the following vote: Yeas: Aldermen Jones, Curd, Queisser, Hunt, and Patton. Nays: None. Form 7 on Filmore ..ve. K to _ive. M. RESOLUTION RESOLUTION APPROVING THE REPORT t,.ND ESTILL�TE OF THE CITY ENGINEER '.S TO COST ._ND ASSESSMENT FOR THE IMPROVEIENT OF FILMORE STREET FROM THE NORTH PROPERTY LINE OF AVENUE K TO THE NORTH PROPERTY LINE OF AVENUE M, FIXING A TIMul xND PLACE FOR A HEARING TO PROPERTY OUNERS AND OTHERS INTERESTED, .:ND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF AS,DERMEN OF THE CITY OF i;ICHIT_ FALLS, TEXAS, THAT: WHEREaS, the Board of .,ldermen of the City of Wichita Falls, has heretofore ordered the improvement of Filmore Street from the North property line of Fvenue K to the North property line of :.venue M, 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 portion of said street, and not exceeding Ninety-eight (98) per cent of the remaining cost of said improvements, as determined atthe hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said property is the property that will be benefited by means of said improvements, and the City Engineer has made and filed with the ?!Mayor 4nd Board of ._ldermen his report and estimates of the costs of such improvements and estimated amount to be assessed against ewch lot or parcel of land, and the owner thereof, wnd 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 -nd corrected. I. That s-id report of City Engineer filed on the 13th day of September 1926, be and it is hereby adopted and approved. II. That a hearing shell be given to the property owners proposed to be assessed for the said improvements, being the _ property abutting on said portion of said street, and to all others interested, and shall be given or held in the Council Chamber in the basement of the City National Bank Building in the City of 1:ichita Falls, Texas, at 7:30 p.m. o'clock on the day of /D e' 192,6, and at which hearing and a said time and place the owners of said property, or any of them, their agents or attorneys, or anyone else in any manner interested either in said property or in said improvements, or in the 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 the said matters and as to the amounts to be assessed against the said property and against the owners thereof, and as to the benefits to their property in enhanced value by means of said improvements, 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 matters or things in anywise incident to or connected with the said improvement contract,,proceedings, or assessments thereof, or method or manner of paying for same. 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 of-laermen and said hearing may be continued from time to time until all desiring to.be heard 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 _1dermen 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 lot or parcel of property and the owner thereof, the enhanced value of property by means of said improvements, and will correct any errors, mistakes, or invalidities in any proposed assessment and in any proceeding with reference to the making or construction of said im- provements, or the levying of assessments therefor, and will thereafter, by ordinance, make and levy 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 force 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. Ifter such hearing is closed anyone desiring to appeal there- from shall prosecute and appeal to any Court having jurisdiction within twenty (20) days from the date such hearing is closed and final assessment levied and not thereafter, and all persons, firms, corporations, estates, and other parties shall after the expiration of twenty (20) 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 said City, which notice shall be substanti the following form, to -wit: "TO THE O'�,NERS OF PROPERTY r.BUTTING ON FILMORE STR=T FROM THE NORTH PROPERTY LINE OF .,V .idol: K TO THE NORTH PROPERTY LINE OF ..VENUE M, -M TO ALL OTHERS INTEREST:.Z)." ,Notice is hereby given of the intention of the City of ',:ichita Falls, Texas, to proceed with the improvement of Filmore Street from the North property line of &venue K to the North property line of -venue M, by raising, grading, and filling same and installing concrete curbs and gutters and paving with one -course reinforced concrete and assessing a portion of the cost of making and constructing such im- provements against all lots and parcels of property abutting on said portion of said street and all lots and land benefited by means of the said improvements, and such assessments, when levied, shall be a first and prior lien upon the loth, and land assessed, and a personal claim and a charge against the owners thereof. 29 On the W4- day of (�¢� A.D. 1926, in the Council Chamber in the City N_tional B..nk Building in the City of ':;ichita Falls, at 7:30 p.m. o'clock, all such owners and their agents will be fully herd by the Board of tldermen, and any �. protests, objections, or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined -..nd the amounts to be assessed against each such lot or parcel of land and the owners thereof will be determined and an assessment thereof will be levied. Plans and specifications for the improvements, and form contract end report of Engineer showing estimated cost thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is $ The estimated amount to be assessed ag_:inst property owners is ;; Ion W( 6 9 The estimated amount to be assessed for curb is"�o.�� per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is .' 6.6 Py 8/ per front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in anywise connect®d with said improvements, the assessment therefor, the benefits thereof, the damages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board of tlldermen at said time and place. Done in accordance with the resolution of the Board of .1dermen of the City of Wichita Falls, Texas, on the 13th day of September L.D. 1926. (Signed) 17.E. McBroom City Clerk. nd srid notice shall be published in said paper not less than three times, and the first of said publications shall appear not less than fourteen (14) days prior to the drte set - for said hearing, not counting the date of herring, and the City Clerk shall c-use to be mailed to each owner whose name appears on said report of the City Engineer, a registered letter containing a copy of the said notice, such notice to be deposited in the Post Office at '.iichita Falls, Texas, but such notice by letter shall be cumulative of the advertisement,°and such notice by advertisement shall be sufficient whether or not any other notice be given or whether or not such notice by letter be received or sent. Iv. This resolution sh-11 take effect and be in force from and after its passage. P-SSED AND ..PPROVED this 13th dry of September A.D. 1926. ` ORDINANCE NO. 814. AN ORDINANCE LEVYING, ASSESSING, .IU FIXING THE RATE OF TAXATION IN THE CITY OF :, ICHIT- F_:LLS, TEX..S, FOR THE Ya-R -.D. 1�86 AND ALSO LEVYING AN OCCUPATION TLX ON ALL OCCUPATIONS T_X'—'LE UNDER THE L_-"JS OF THZ STATE OF TEX.'.S _,ND THL CHARTER AND ORDIN NCES OF SAID CITY. -,. 0 Moved by Alderman Hunt that Ordinance No. 814 be passed on its third and final reading and be .adopted as read. Motion seconded by Alderman Patton and carried by the following vote: Yeas: Aldermen Jones, Curd, Hunt, Queisser, and Patton Nays: None. Moved by alderman Patton that the Mayor be authorized to execute a note for $1,517.06 payable to L.E. Whitham & Company, due _:pril 15, 1927, bear' interest at 6% per annum,to cover the cost of paving lots 3 and 4,�, Sibley -Taylor Addition. Motion seconded by -alderman Patton and carried. ORDINANCE NO. 806 AN JRDINANCE REGULATING THE PURCHASE AND SALE OF JUNK, PRO- VIDING RULES AND REGULATIONS FOR JUNK DEALERS., DEFINING THE TERMS "JUNK" AND "JUNK DEALERS", CLASSIFYING SAME, FIXING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. Moved by alderman Queisser that Ordinance No. 606 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Curd and carried by the following vote: Yeas: Aldermen Jones, Curd, Queisser, Hunt and Patton. Nays: None. Bids for paving portions of Fourth, Sixth and Britain Streets were opened and considered. Moved by lderman Jones that the following Resolution be adopted. Motion seconded by _lderman Patton and carried by the following vote: Yeas: Aldermen Jones, Curd, Queisser, Hunt, and Patton. Nays: None. Form 4 on Fourth, Sixth and Britain. RESOLUTION RESOLUTION «CCEPTING BID FOR IMPROVEP,NT OF A PORTION OF FOURTH STREET, N ONE &'.LF SIXTH STREET, AND BRITTAIN STREET, kND DIRECTING THE EXECUTION OF CONTRACT. BE IT RESOLVED BY THE BO_.RD OF :.LDERMEN OF THE CITY OF ICHIT_> FALLS, TEXAS, TIL;T : WHEREAS, the Board of Aldermen of the City of F`ichita Falls, Texas, has heretofore ordered that Fourth Street, from the ;lest property line of Lee Street, to the Wvvest property line of Michigan Street; North One-half of Sixth Street from the West property line of Ohio to the East property line of Indiana Avenue; and Britain Street from the North curb line of ..venue I to the end of the street, in said city be improved by raising, grading, filling, installing concrete curbs and gutters and paving s-me with one -course reinforced concrete pavement, together with necessary appurtenances, and thereafter plans and specifications were duly adopted and approved for such improvements, bids were advertised for, and received, and on the 13th day of September 1926 such bids were opened, and, ';,_H_REAS, the bids received have been fully canvassed - and. considered and the City Council after duly and fully con- sidering same is of the opinion that the bid of L.L. F;hitham & /-� Company is the most advantageous and should be accepted;. which bid was Two & 90/100 0x2.90) Dollars per sq. yd. with five (5) year maintenance for one course reinforced concrete pavement, Ro & 40/100 (,'0.40) Dollars per lineal foot for monolithic curbing complete in place, No.& 40/100 (y0.40) Dollars per lineal foot for concrete or o_k headers complete in place, ( ) per sq. ft. with five (5) year maintenance for 4 inch 1: 2: 4: concrete sidewalks in place and No & 20/100 plus ($0.20 plus) Dollars per sq. yd. for excavation. NOW, THLREFORL, BE IT RESOLVED BY THE BO ,RD OF _LDERI.19N OF THE CITY OF W ICH IT _ F_zLLS , TEXAS , TH_T : I. The bid of L.E. C,hitham and Company for raising, grading, filling, installing concrete curbs and gutters and paving with one -course reinforced concrete pavement, and all necessary appurten,nces on said portion of said street as heretofore filed with the City, be and same is hereby accepted. II. That the form of contract embraced. in the specifications be and the same is hereby adopted and approved, and the Mayor is authorized and directed to enter into a contract for such improvement with the said L.E. 17hitham and Company and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. This resolution shall take effect and be in force from and after its passage. PASSED 1SVD __PPROVED this 13th day of September 3.D. 1926. I.:oved by __lderman Curd that .:.W. Noe bp, granted a license for a Domino Parlor to be located in the Hodges Building on Ohio _:venue. Motion seconded by ._lderman Patton _:nd carried. ._lderman Jones read the following contract and moved its adoption: ST-TE OF TEXAS COUNTY OF '7ICHIT.. KN06: ALL MEN BY THESE PRESENTS: That this :�greement made and entered into, this day by and between the City of ',Iichita Falls, acting herein by and through its Mayor, R.E. Shepherd, hereinafter called First Party, and Ira S. Harris, herein fter called Second Party, -11 of Wichita County, Texas. Whereas, the City of tiichita Falls is desirous of i"ving an audit made of all departments of said city for the fisaal year ending March 31; 1927. It is further understood that the Party of the Second Part agrees to investigate the system and method in vogue in the various .9 departments of the city, paying particular attention to the handling of the cash and its being promptly deposited in banks, and see that a proper record is kept of materials, supplies, tools, equipment and other assets in the various departments, and It is further agreed and understood that the Party of the Second Part will revise the system of bookkeeping in the dater Department and City Clerk's office, wherein it is deemed necessary, and prepare such blank forms that are necessary, all of which is tp be submitted first for the approval of the City Council. For and in considerat ion of the above work, the City agrees to pay to Ira S. Harris, for the six (6.) months audit beginning April 1, 1926, to.September.30,.1926, the sum of Eight jIundred Dollars (�800.00), and It is further agreed and understood by both parties hereto, that for the work beginning October 1, 1926, to March 31, 1927, inclusive the City agrees to pay Ira S. Harris the -sum of Twelve Hundred Dollars ($1200.00). This $'1200.00 is to be paid in monthly installments of Two Hundred Dollars (�200.00) on the last day,o,Y each and every month, beginning October 31, 1926. It is further agreed and understood by both parties hereto, that the Second Party agrees to give at least ten (10) days out of each and every month of his time, beginning October 1, 1926, in the performance of the above duties. All city departments as above set out, means to include the city a.nd county hospital, located in Wichita Falls, Texas, and more commonly known as the Wichita General Hospital, and It is further understood by all parties hereto, that the Party of the Second Part is to receive the utmost cooperation from all city departments, including the heads of each dep�-rtment, city attorney, city clerk, tax assessor, treasurer, mayor and city council. Further the Party of the Second Part is to be entitled to the assistance of the clerks and stenographers of the city in compiling statistics and rendering statements during the year for the use of the city council. This contract entered into, this 13th day of September, 1926, in duplicate, each duplicate constituting an original. CITY OF W ICH ITA FAITS, B .E. Shepherd, bPvor• TTEST: Par y oo . theirs �� .I.E. McBroom, City Clerk. Ira S. Harris Party of the Second Part. Motion seconded by :_],derman Hunt and carried by the following vote, after a substitute motion by .Alderman Curd had died for want of a second. Yeas: Aldermen Jones, Hunt, Patton and Queisser. Nays: _.ldermen Curd. The Board of .ldermen then adjourned. R-:D __TD APPROVED this the 20th d.iy of September A.D. 1926. ATTEST: N