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Min 07/02/1923 Wichita Falls, Texas Basement Morgan Bldg., July 2, 1923. The Board of Aldermen of the City of Wichita Falls, met in regular session o- the above date with the following present:- Frank Collier, Mayor B. A. Stayton f J. T. Young 1 N. M. Clifford I Aldermen J. H. Patton r 1. E. EcBroom, City Cler E. M. Mann, City attorney. The minutes of the previous meeting were read and approved. Tdoved by Alderman Young that Ralph Hines be permitted to construct and operate a filling station on Lots 13 and 14 Block 91, Original townsitc under the usual provisions to-wit: That the said Ralph Hines, his successors, administrators, assi6ns and legal representatives shall hold the City of Wichita Falls, harm- less from any damages that may arise from the operation of said filling sta- tion and that the said filling station shall be installed under the supervi- sion of the City Engineer, and that they shall cease to operate said filling station when so ordered by the Board of Aldermen of the City of Wichita Falls, Texas. lotion seconded by Alderman Stayton and carried. Moved by Alderman Young that the western Union Telegraph Company be permitted to construct 2 standard brick manholes and lay suff- icient line to serve the M. K. & T. Railway freight depOt. Dotion seconded by Alderman Stayton and carried. Moved by Alderman Stayton that Chief of Police Hodgins be granted permission to attend a meeting of Police Chief's in Galveston on July 10, 11, and 12th with expenses paid by the City. Motion seconded by Alderman Patton and carried. ####################### Hearing to property owners with reference to paving Polk Street from Avenue G to Avenue H, was called and as no protests were heard the foll- owing ,motion 14nt'v put in.order: be adopted: Loved by Elderman YounF that the followinR resolutioTv L-lotion seconded by Alderman Ciiffora ana cameo. ez, the foll- owing vote: Yeas: Clifford, Stayton, Patton, Young. Nayes: None. RESOLUTION RESOLUTION CLOSING HEARING TO PROPERTY ()VEERS AND OTHERS IN- TERESTED IN IMPROVEMENT OF POLK STREET BETWEEN THE NORTH CURB LINE OF AVENUE G AND THE NORTH CULB LINE OF AVENUE H, AND DETERMINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS, PARCELS OF PROPERTY AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF iICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the following portion of Street in said City improved by raising, grading, and filliflh same and installing concrete curbs and paving with re-inforced concrete pavement to-wit: all the unpaved portion of Polk Street between the North curb line of Avenue G, and the North curb line of Avenue H. by resolution of the Board of Aldermen adopted on the 114 day of U 1923, it is ordered that a hearing to all owners of property abuttinU on said portion of said street, and all others interested, be held in the Council Chamber in the Morgan Building at 8 P. K. on the 2nd day of July 1923, and that notice thereof be given, and 6 WHEREAS, due notice of the time and place of such hearing was given and such hearing held, and all parties, their agents and attorneys, and all others desiring to be heard, have been fully and fairly heard, and at such hearing thore,Were'no protests made. . I. That all protests and objections, whether therein specifi- cally mentioned or not, be and they are hereby over-ruled. 2. That the Board of Aldermen finds from the evideilite before it that no property will be damaged by means of or as a result o ny of the said improvements. 3. The Board further finds from the evidence before it that the proper rule of apportionment of the cost of such improvement is that applied and shown on,Ihe estimates, reports, and statements of the City Eng- ineer filed on the day of 1923, and examined and approved by the Board, and that such produc s and effects substantial equality and jus- tice between the various lots and parcels of land shown and affected thereby and the respective owners thereof and the Board further finds from the evi- dence that each parcel or lot of /and abutting on said portion of Polk Street will be benefited in enhanced value by means of such improvements on said portion of Polk Street in an amount in excess of the portion of costs to be assessed against same as shown on said estimates, reports, and statements of the City Engineer. 4. That said sums be assessed against said lots or parcels of property, and against the owners thereof, and the City Attorney is hereby directed to prepare form of Ordinance, levying such assessments in accord- ance with the Charter and Laws in force in this City, and in accordance with the Ordinances, resolutions and other proceedings applicable thereto. 5. That said hearing be and is hereby closed as to all parties and as to all said improvements. 6. That this resolution take effect from and after its passage. ORDINANCE NO. 449 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST of IMPROVING A PORTION OF POLK STREET IN THE CITY OF ',7ICHITA 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 449 be passed on its first reading. notion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Stayton, Clifford, Patton, Young. Mayes: None. Hearing on application for the erection and operation of a filling station on Tenth and Denver Streets was called and the following objections were filed. Tarleton Morrow J. B. Stokes Toyed by Alderman Stayton that the hearing on the application for the erection and operation of a filling station on the corner of Tenth and Denver Streets be closed. Motion seconded by Alderman Young and carried. \ JO • Patton Moved by Alderman/that Permission forithe erection of a filling station on the corner of Thnth and Denver streets be refused: Motion was killed, for want of a second. Moved by Alderman Young that permission for the erection and operation of a filling station on the corner of Tenth and Denver Streets be granted. Motion was killed for want of a second. ###10##### #####i#####ii Moved by Alderman Clifford that J. E. Carter be granted permission to install a curb filling station at 1909 Grant Street under the usual provisions to-wit: That the said J. A. Carter, his successors, administrators assigns and legal representatives shall hold the City of Wichita Falls, harm- less from any damages that may arise from the operation of said filling sta- tion and that the said filling station shall be installed under the supervision of the City Engineer, and that they shall cease to operate said filling station when so ordered by the Board of Aldermen of the City of Wichita Palls, Texas. Motion seconded by Alderman Stayton and carried. Moved by Alderman Young' that the Mayor be authorized to enter into a contract with John Graeber et al for the construction of a sewer exten- sion to serve Block 89 in second Floral Heights Addition under the usual pro- - visions to-wit: That said John Graeber and associates shall pay the full cost of constructing said sewer line and that the City will reimburse said John Graeber for the cost of same without interest when the revenue in any year from use of said line shall equal 8% of said cost of construction. Motion seconded by Alderman Patton and carried. • Moved by Alderman Clifford that the City Clerk be authorized to advertise for competitive bid.5for a depository for City funds for one year from July 17,1923. Notion seconded by Alderman Young and carried. Moved by Alderman Stayton that the City Clerk be authorized to advertise for bids for printing of legal notices for the year ending July 21, 1924. lotion seconded by Alderman Clifford and carried. Moved by Alderman Patton that The Pest Texas Construction Company be authorized to proceed with the paving of Burnett Street to the Idilliprovided that the cities portion of cost will be carried by said Con- struction Company until April 1, 1924 without interest. Motion seconded by Alderman Stayton and carried. Moved by Alderman Young that the following bills be allowed E. A. Mowles Co., 63.55 T. B. Jones 18.00 Motion seconded by Alderman Patton and carried. a "\ :loved by Alderman Stayton that J. F. Riggs and Chas E.Watson he required to remove signs in front of their places of business which do not comply with the sign ordinance. Motion seconded by Alderman Patton and carried. Moved by alderman Clifford that the following resolution be adopted. notion seconded by 2,1derman Young and carried by the following vote: Yeas: Stayton, Clifford, Patton, Young. ' Hayes: None. RESOLUTI 0 N RESOLUTION DECLARING EE NECESSITY CF IMPROVING PAYS STREET 0R011 2HE NORTH "UEB LIEN OF AVENUE "E" STREET TO THE NORTH CU:iB LINE OF AVENUE "F" STREET, ST.1TING THE NATURE OF OUCH EEE0V-FEFTS ‘ND THE T '_'FIOD BY !RICH IT IS PROPOSED THAT 2AY:=ENT BE RARE THEREFOR, _JIB DIRECTING THE CITY ENGINEER TO HAVE pLArs, PROFILES, SFECIFICaTIONS AND ESTI -ATES OF THE PROPOSED DAPROVEIUNT'S PREPARED: BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OP ALDERTN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Hays Street from the north curb line of Avenue "E" street to the north curb - line of Avenue "F" Street be im- proved by raising grading, filling and paving the same, and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit: (a) Brick Pavement (b) Re-inforced concrete (0) Warrenite Bitulithic. II. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner to-wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of Ii.chita Falls Olen pay the remainder. The suns payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or before thirty (30) days after date of completion end acceptance by the City of such improvements, and the second shall be due one or before one year (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until. paid at the rate of eight (8%) per cent per annum, payable annually, but such property, and the owners thereof, shallhave 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 amount then unpaid; and the sums payable bp 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 loin?, excepting only State, County and Muni- cipal taxes. • Go 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 assess:lent shall be levied until after the notice and hearing as provided in the Charter and Laws in force md effect in this City, and in the ordin- ance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in etidence of the assessments levied against the respective lots or parcels of property, nd the owners thereof, shall be issued to the contractor or party performing and executing the work of such improvement 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 Char- ter and Laws in force and effect in this City, and the proceedin.;:s, ordinances and resolutions of the Board of Aldermen. V. • This resolution shall take effect from and after its passage. Passed and approved this the 2nd day of July 1923. The City Engineer then submitted the following. Wichita Falls, Texas. #44.Ar 2'.) 1923. TO THE HONORABLE MAYOR AND BOARD OF ALDERI2N OF THE CITY OF WICHITA FALLS, TEXAS. In compliance With the resolution of the Board of Aldermen with reference to the improvement of Hays Street from the north curb line of Avenue "E" Street to the north curb line of Avenue "F" Street, I have prepantd and hand you herewith plans, profiles, 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. K. Rugeley, City Engineer. #644#4##ii#iiO4#014### • Moved by Alderman Clifford that the following resolution be adopted. Notion seconded by Alderman Young and carried by the following vote:- Yeas: Stayton, Clifford, Patton, Young. Payee: None R E S O L U T I O N RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICA- TIONS, AND ESTIMATES OF THE4TO • ;gglpLi. 414oF HAYS STREET FROM THE NORTH CURB LINE OF AVENUE E STREBTICI • Mr0E—WICEITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMEETITIVE BIDS FOR THE MAKING AND CONSTRUCTION OF SUCH IMTROVEMENT. BE IT RESOLVED BY THE BOARD OF ALDEMIET OF THE CITY OF WICHITA FALLS: THAT WH=AS, by resolution passed on the gniit day ofg$11,1,1923, the Board. of Aldermen of the City of Wichita Falls declared the necessity of improving Days Street from the north curb line of Avenue "E" Street to the north curb line of Avenue "F" Street, by 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 resolution, 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 .1)()\ WHEREAS, the said City Engineer has prepared such plans pro- files, 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: 1. That the said plans, profiles and specifications and estimates, be and they are hereby adopted and approved as those under, by, and in accord- ance with which said improvements shall be made and constructed. 2. 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 the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the Eo 'day of July 1923 at 7:30 o'clock P. M. and all bids shall be made in the manner and accompanied by certified check and by the guarantee provided and required by the said specifications. 3. This resolution shall take effect from and after its passage. Passed and approved this 2nd day of July 1923. Moved by Alderman Young that the following Resolution be adopted. :.lotion seconded by Alderman Stayton and carried by the fell owing vote: Yeas: Stayton, Clifford, Patton, Young. Hayes: None. RESOLWO N. RESOLUTION DECLARING THE NECESSITY OF IMPROVING DENVER STREET FROM THE NORTH PROPERTY LINE OF EIGHTH STREET TO THE SOUTH CURB LINE OF SEVENTH STREET? STATING THE 7IATURE OF SUCH IE2110V-MENTS AND THE LMTHOD BY WHICH IT IS PROPOSED THAT PAY1MNT BE MADE THEREFOR; AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIEATES OF THE PROPOSED IITPROV7MENTS PRE- PARED: BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, • 1. It is necessary that Denver Street from the north property line of Eighth Street to the south curb line of Seventh Street be improved by raising grading, filling and paving the same, and installing concrete curbs, and, gutters, and that same be improved with the following methods and materials to-wit: (a) Brick Pavement (b) Re-inforced Concrete (c) .arrenite Bitulithic II. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Eanager. The said improvements shall be paid for in the following manner, to-wit: The benefited and abutting property, and the owners thereof shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of aichita Falls shall pay the remainder. /V) The sums payable by the benefited property and owners there- of shall be payable in four equal installments, the first of Wiich shall be due on or before thirty (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due one or before one (1) year after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and accept- ance and until paid at the rate of eight (8 ) per cent per annum, payable annually, but such property, and the o ners thereof, shall have the privi- lem.e 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 oner and holder of the certificate of special assessment issued in evidence thereof, mature the entire 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 t!unicipal 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 ',I.dermen applicable thereto. Iv. Upon the completion and acceptance of such improvements, if same 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 improvement 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 nd performed in the manner and form provided by the Charter. and Laws in force and effect in this City, and the proceedings, ord- inances and resolutions of the Board of .,adermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 2nd day of July 1923. The City Engineer then submitted the following: Wichita Falls, Texas July 2, 1923. TO THE HONORABLE SIAYOR AND BOARD OF ALDEBLEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen ,.7ith reference to the improvement of Denver Street from the north property line of Eighth Street to the south curb line of Seventh Street, I have pre- pared and hand you herewith plans, profiles, 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. I . Rugeley, City Engineer. (\\ ( Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote: Yeas: Stayton, Clifford, Patton, Young. Hayes: None. RESOLUTION RESOLUTION APPROVING ANT ADOPTING PLANS, PROFILES,SPECIFICAT- IONS, AND ESTIMATES OF THE PROPOSED ILIEROVIIIENT OF DENVER STREET FROM THE NORTH PROPERTY LINE OF EIGHTH STREET TO THE SOUTH CURB LINE OF SEVENTH STREET IN THE CITY OF RICHITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH IMPROVEMENT. BE IT RESOLVED BY THE BOARD OF ALDER:EN OF THE CITY OF WICHITA FALLS: THAT WHEREAS, by resolution passed on the 2nd day of July 1923, the Board of Aldermen of the City of Wichita Falls declared the necessity of imp- roving Denver Street from the north property line of Eighth Street to the South curb line of Seventh Street, by 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 resolution, 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 improve- ment, prepared; and JHEFSAS, the said City Engineer has prepared such plans pro- files, 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; 1. That the said plans, profiles and specifications and esti- mates, be and they are hereby adopted and approved, as those under, by, and in accordance with whidh said improvements shall be made and constructed. 2. That the City Clerk be and he is hereby directed to adver- tise for competitive bids for the making and constructing of the said imp- rovements, 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 tine and by the ordinances and proceedings of this,Board and such bids will be received nnil and shall be or)ened on the 11day of 1923 at 742 o'clock ()V m:, and all bids shall be made in the malWTEr. accompanied by certified check and by the guarantee provided and required by the said specifications. 3. This resolution shall take effect from and after its passage. Passed and approved this the 2nd day of July 1923. Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Stayton, Clifford, Patton, Young. Hayes: None. RESOLUTION RESOLUTION DECLARING THE NECESSITY OF IIIEROVING TENTH STREET FROM THE EAST CURB LINE OF NORTH HAYS STREET TO THE EAST CURB LINE OF NORTH GARFIELD STREET, STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY VHICH IT IS PROPOSED THAT PAYIENT BE MADE TH7REPOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMOVEHENTS PREPARED: ( ' BE IT, BED IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Tenth Street from the east curb line of North Hays street to the East curb property line of North Garfield Street be improved by raising grading, filling and paving the same, and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit: (a) Brick Pavement (b) Re-inforced Concrete (c) larrenite Bdtulithic II. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner to-wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof ' shall be payable in four equal installments, the first of which shall be due on or before t irty (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due on or before one (1) year after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or beforeg three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the dateof such completion and acceptance and until naid at the rate of eight (8%) per cent per annum, payable annually, but such property, and the owners thereof, shall have the privilege of pay- ing 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 amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improve- ment, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a nersonal 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, ex- cepting 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 same 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 improvement 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 nrovidedaby the Char- ter and Laws in force and effect in this City, and the proceedinas, ordinances and resolutions of the Board of aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the and day of July 1923, 11\ 1 The City Engineer then presented the following. kic4ta Falls, Texas • • 1923. • TO THE HONORABLE EAYOR AND BOARD OF ALDERIEN OF THE CITY OF EICRITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of lenth Street from the east curb line of North Hays Street to the east curb line of North Garfield Street, I have pre- pared and hand you herewith plans, profiles, specifications and estimates of the proposed improvements, the same embraces the different materials, flans and methods of improvement set forth and specified in the said reso- lution. Signed: F. n. Rugeley, • City Engineer. iiiiihri#i##W4M-4## ##10## Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foil- owing vote:- Yeas: Stayton, Clifford, Patton, Young. Payee: None. RESOLTITION RESOLUTION _22.130VING AND ADOBTING 2LNS, 2ROFILES, SPECIFI- CATIONS, AND ESTLIATES OF THE PROPOSED Ilf2ROV71.7ENT OF TENTH STREET FRO::. THE EAST EURB LINE OF NORTH BAYS STREET TO HE EAST COBB LINE OF NORTH GARFIELD STREET IN THE CITY OF TIOHITA FALLS, TEXAS ,,,ND DIRTCTI7G THE CITY CLERK TO ADVERTISE TOE COITETITIVE BIDS TOR THE EAI:INC AND CONSTEUCTING OF SUCH na- 7-OVELENT. BE IT RESOLVED BY THE BOARD OF ,,LDTERIIEN OF THE CITY OF TICH- ITA FALLS: THAT WHEREAS, by resolution passed on the 2,•,44 day of 1923 the Board of Aldermen of the City of Wichita Falls declared the n es ity of improving Tenth Street from the east curb line of North Hays Street to the East Curb line of North Garfield Street, by 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 resolution, 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 I7HERIKAS, 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; 1. That the said plans, profiles and specifications and estimates be and they are hereby adopted and approved as those under, by, and in acc- ordance with which said improvements shall be made and constructed. 2. 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 the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the ni-l`'day of July 1823 at 7:30 o'clock F. M. and all bids shall be made in the manner and accompanied by certified check and by the guarantee provided and required by the said specifications.. 3. This resolution shall take effect from and after its passage. Passed and approved this the 2nd day of July A. D. 1923. (.\ • Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION s0 T ON DECLARING THE NECESSITY OF IMPROVING GARFIELD STREET FROM, THE LINE OF TENTH STREET TO THE NORTH CURB LINE OF AVENUE "E" STREET.; STATING THE NATURE OF SUCH IHPROVEi.INTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE ::ARE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PRO- POSED IM2ROVEEENTS PREPARED:. BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDER1:EN OF THE CITY OF WICHITA FAILS: THAT 1. • It is necessary that Garf1,-10 Street from the(ECM6-Yourb line of Tenth Street to the north curb j line of Avenue Street be improved, by raising grading, filling add paving the same, and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit: (a) Brick Pavement (b) Re-inforced Concrete (c) Warrenite Bitulithic II. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner to-wit; The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or before thirty (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due one or before one yea' (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (8%) per cent per annum, payable annually, but such prop- erty, 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 amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improvement, and bene- fited 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 ordi- nance and proceedings of the Board of Aldermen applicable thereto. • /\!‘ • A IV. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied, against the respective lots or parcels of property, eat and the owners thereof, shall be issued to the contractor or party performing and executing the work of such improvement and containing recitals lawful and properly applicable therto, 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 Lane in force and, effect in this City, and the proceedings, ord- inances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passa . Passed and approved this the 2nd day of July 1923i The City Engineer then submitted the following: Wichita Falls, Texas. 1923. TO THE HONORABLE HAYOR aND BOARD OF ALDERILEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Garfield Street from the 0.e.4,41,/ line of Tenth Street to the north curb line of Avenue "2" Street, I have prepared and hand you herewith plans, profiles, 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. F. M. Rugeley, City Engineer. Moved by Alderman Young that the following Resolution be adopted, lotion seconded, by Alderman Stayton and carried by the following vote:- Yeas: Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTIO N RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFI- CATIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF GARFIELD STREET FROM TIE LINE OF TENTH STREET TO THE NORTH CURB LINE OF AVENUE "E" STREET IN -THE-CITY OF WICHITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE :TAKING AND CONSTRUCTING OF SUCH IMPROVEMIT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT WHEREAS, by resolution passed on the .?-441 day of Jui1, 1923, the Board of Aldermen of the City of 71Pchita-Falls declared the necessity ,L of improving Garfield Street from thc (p_c,,tEl) 4-,D line of Tenth Street to the north curb line of Avenue "E" Street, by rais'ng, 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 resolution, 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 17\ 0 ';.1:EREAS, 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; • 1. That the said plans, profiles and specifications and esti- mates, be and they are hereby adopted and approved as those under, by, and in accordance with which said improvements shall be made and constructed. 2. That the City Clerk be and he is hereby directed to adver- tise for competitive bids for the making and constructing of the said ialp- rovements, 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 the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the /heday'of July 1923, at 7:30 o'clock P. M., and all bids shall be made in the manner and accompanied by • certified check and by the guarantee provided and required by the said spe- cifications. • 3. This resolution shall take effect from and after its passage. Passed and approved this the 2nd day of July, 1923. ii#####M#4##J:4#ffith'i4iikfintiilifif#Y#ii# Moved by Alderman Stayton that the meter deposit of c;"5.00 be retained in Ordinance 445. Motion died for want of a second. Moved by Alderman Young that the meter deposit aa designated in Ordinance Fe. 445 be reduced to 2.50. Motion seconded by Alderman Fatten and carried by the foll- owing vote:- Yeas: Young, Patton, Clifford. Hayes: Stayton. ORDI7AECE r0.445 AN ORDINCE PROVIDING FOR RULES, REGULATIONS i.ND RATES AND FOR THE OPERATION AqD :"„ANAGITMUT OF THE EATEN DEPART:7ST OF THE CITY OF 'riICHITA FALLS, TEXAS, AND PROVIDING NOR A PENALTY. Moved by Alderman Young that Ordinance No.445 be passed on its third and final reading. Motion seconded by Alderman Clifford and carried by the following vote: Yeas: Clifford, Stayton, Patton, Young. Hayes: None. 4#########iiiiiiiiW4i14# Moved byAlderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the fol- lowing vote:- Yeas: Stayton, Clifford, Patton, Young. Nayes: None. 7\/\ RESOLUTIO N 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: TRAVIS STREET FROM THE SOUTH PROPERTY LINE OF SIXTH STREET • TO THE SOUTH PROPERTY LINE OF SEVENTH STREET. Together with construction bonds and maintenance bonds re- quired thereby, are this day presented to the Board of Aldermen for adoption and approval; and, WHEREAS, the bid of L. E. Chitham and Company for the making and construction of the improvement provided for in the said contracts has after due advertisement and notice 9 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 appropri- ated out of the funds available for that purpose, the sum of 46q‘t to pay and defray all that portion of the cost of improving said portion of TRAVIS STREET FROM THE SOUTH PROPERTY LINE OF SIXTH STREET TO THE SOUTH PROPERTY LINE OF SEVENTH STREET to be paid for by the City of Wichita Falls; The said contract and the construdtion 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. Passed and approved this End day of July 1923. ######44iiiitiAW##M# Moved by Alderman Clifford that the following resolution be adopted. Notion seconded by Alderman Stayton and carried by the 2D11- owing vote:- Yeasv; Clifford, Stayton, Patton, Young. Hayes: None. RESOLUTION WHEREAS, contract in writing between City of Wichita Falls and I. E. Whitham and Company for the improvement of the following street in said City, to-wit: SIXTH STREET FROM THE WEST PROPERTY LINE OF LAME STREET TO WEST PROPERTY LINE OF TRAVIS STREET. Together with construction bonds and maintenance bonds re- quired 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 Whereas, it is deemed necessary to set aside and provide fat 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 appropriated out of the funds available for that purpose, the sum of .“..S4.2._.4-0 to pay and defray all that portion of the cost of improving said portion of Sixth Street from the '.7est Property Line of Lamar Street to the West Property Line of Travis 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 heret by authorized to execute and sign the said contract, in the name of the City. That this resolution shall to2ce effect from and after its passage. Passed and approved this 2nd day of July 1923. ((\% r •• Moved by Alderman Stayton that the following Resolution be adopted. Motion seconded by Alderman Young and carried by the foll- owing vtte:- Yeas: Clifford, Stayton, Patton, Young. Noyes: None. RESOLUTIO U. 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, towit: • LAMAR STREET fROM THE SOUTH CURB LINE OF FIFTH STREET TO THE NORTH PROPERTY LINE OF SEVENTH 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 Whereas, it is deemed necessary to set aside and provide far the payment of all that portion of the cost required in the said contract to be paid by the City of .:ichita.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 approeri- ated out of the funds available for that purpose, the sum of ç //32.`24-- to pay and defray all that portion of the cost of improving said portion of Lamar Street from the South Curb line of Fifth Street to the North orop- erty line of Seventh 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 sin the sid contract, in the name of the City. That this resolution shall take effect from and after its passage. Approved and passed this 2nd day of July 1923/ Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the foll- owing vote:- Yeas: Clifford, Patton, Young, Stayton. Payee: None. HE ' WHEREAS, contracts in writing between L. E. Whitham & Co., and the City of Wichita Falls, for performing of all , ork of excavation in connection with the improvement of Lamar Street from the South Crub Line of Fifth Street to the North Property Line of Seventh Street for the prices named therein and upon the terms therein set forth binding the City of Wichita Falls to do and perform all work of excavation upon the 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, • V1HEREAS, it is deemed advisable to enter into said contracts 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 :dchita Falls: I. That the City of Wichita Falls do enter into contracts with L. E. Whitham and Company AinOing the City to do and perform all the work of excavation shown in said contract and on said street, at and for the pri- ces and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the -ayor is hereby authorized and directed to execute and sign the said contract in the name of the City. 71\a\ That this resolution shall take effect ffom and after ito passage. Passed and approved this 2nd day of July 1923. Moved by alderman Clifford that the following Resolution be adopted. Potion seconded by alderman Patton and carried by the fol- lowing vote Yeas: Clifford, Patton, Young, Stayton. Nayes: None. RESOLUTION villEREAS, contracts in writing between L. E. Whitham and Company and the City of Wichita Falls, for performing of all work of exca- vation in connection with the improvement of Travis Street from the South Property Line of Sixth Street to the South Property Line of Seventh Street for the prices named therein and upon the terms therein set forth binding the City of Wichita Falls to do and perform all work of excavation upon the said street, as is provided in the contract, being one contract for said street, are this day presented to the Board of Aldermen for the adoption and approval; and, WHEREAS, it is deemed advisable to enter into said contracts upon the terms set forth therein, and for the compenattion therein provided. Therefore, be it resolved by the Board of Alderman of the City of Vlichita I. That the City of ilichita Falls do enter into contracts with L. E. 'laitham 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 oet forth. II. That the said contract is hereby aaproved and adopted and the ::ayor 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 2nd, day of July 1923, Moved by alderman Clifford that the following resolution be adopted. ::-,otion seconded by alderman Patton and carried by the fol- lowing vote:- Yeas: Stayton, Clifford, Patton, Young. Noyes: None. •RESOLUTION WHEREAS, contracts in writing between L. E. Vlhitham and Company and the City of Wichita Falls, for performing of all work of ex- cavation in connection with the improvement of 4Bixth Street from the Jest property Line of Lamar Street to the Uest property line of Travis Street for the prices named therein and upon the terms therein set forth binding the City of 'Wichita Falls to do and perform all work of excavation.upon the said street, as is provided in the contract, biting one contract for said street, are this day presented to the Board of Aldermen for adoption and approval;and, 11E=AS, 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: I. That the City of Wichita Falls 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 Wad on said street, at and for the prices and for the terms herein stipulated and set forth. r II. That the said contract is hereby approved and adopted and the :ayor 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 2nd day of July 1923. • Moved by Alderman Stayton that the 'Mayor and City Clerk be authorized to execute the following contract. C 0 N T E A CT STATE OF TEXAS 1 COUNTY OF ICHITA 2OA LL EN BY THESE PRESENTS: That this agreement is made and entered into by and between the City of 'Zichita Falls, Texas, a municipal corporation duly incorporated under the laws of the State of Texas, acting herein by and through its mayor Frank Collier, who is duly authorized to execute this contract by a resolutkan duly passed by the Board of Aldermen of said City, hereinafter called party of the first part, and P. B. Cox, N. B. Chenault L. A. Marcus and Ed Peterson, hereinafter called parties of the second part, all of the County of Wichita and State of Texas, ,r:ITDESSETH: That whereas, the parties of the second part are desirous of being served with water by the party of the first part and have requested the party of the first part to lay and install a six inch cast iron water pipe line along avenue K from Tilden Street to the Seymour Road and install a fire hydrant at the end of said water pipe line on the Seymour Road in said city, and to supply said parties of the second part with city water, according to the regular city water rates and schedules. And, Whereas, the party of the first part is without adequate funds at this time to lay and install said water line, and the parties of the second part have agreed to advance to the party of the first part sufficient funds with which to make said extension up:n the terms and conditions herein- after mentioned. Now, therefore, said party of the first part afl. parties of the second part hereby enter into the following agreement, towit: In consideration of the laying, installation and extension of said above described six inch cast iron water pipe line on Avenue K from Tilden Street to the Seymour Road in said city by the party of the first part the parties of the second part jointly and severally promise and agree to pay to the party of the first part, upon the completion of the above describ- ed water pipe line, the sum of 0_,600.00, and further agree that they will each take water service from said city in accordance with its rules and reg- ulations for slpplying water to the public. Said party of the first part covenants and agrees to make and construct said water line within the limits above described, in accord- ance with the standard construction now existing in said city, and to furnish water service through said water pipe line extension herein provided for and to charge therefor the regular standard rate for such service. All of said . water line shall be under the exclusive contral and supervision of said party of the first part and shall belong to and become the property of said party of the first part when paid for as provided herein. Said party of the first part furthermore covenants and agrees that whenever the totdlpgross receipts derived from the water service rendenbd from its water mains from the above described water pipe line herein protrided for shall amount to and equal for any calendar year one-fourth of the sum of 4,800.00, then and in that event the said party of the first part hereby ob- ligates and binds itself to refund, repay and return to the party of the sec- ond part said sun of " 1,800.00 without interest. r Witness the signature of the City of Wichita Falls, acting herein by and through its duly authorized Trayor, Frank Collier, and the other parties to this contract on this 3-Aday of July A. D. 1923. THE CITY OF WICHITA FALLS, TEXAS, By Frank Collier, :..royor ATTEST: W. E. McBroom, City Clerk. Motio0 seconded by Laderman Clifford and carried. The Board of Aldermen then adjourned until July 377, 1923 at 7:30 P. H. o'clock. Read and approved this (1-4-- day of 1923. ATTEST:- City Clerk \c)--)