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Min 06/25/1923 Wichita Falls, Texas, Basement Morgan Building, June 25th 1923. The Board of Aldermen of the City of Wichita Falls, met in regular session on the above date with the following present:- Frank Collier, Mayor R. E. Shepherd B. A. Stayton J. T. Young I Aldermen J. H. Patton N. H. Clifford I W. E. McBroom, City Clerk E. M. Mann, City Attorney The minutes of the previous meetings were read and approved. ######W#W############# 1 Hearing to property owners on Thirteenth, Clark and Huff Streets, which was continued from special session on June 21, 1923, was call- ed and after discussion the following motion was put in order. ;loved by alderman Clifford that the hearing to property oeners with reference to proposed pavement on Thirteenth, Clark and Huff, Streets be continued until 7:30 P. M. July 2, 1923 in the Basement of the Morgan Building in Wichita Falls, Texas. Motion seconded by alderman Stayton and carried. #iiii#####"#####4######### The following petition was then presented by officials of the Municipal Gas Company. STATE OF TEXAS COUNTY OF 'ICHITA 1 CITY OF ClICHITA FALLS TO THE HONORABLE CITY COUNWIL OF SAID CITY: Now comes Municipal Gas Company of Dallas County, Texas, and respectfully represents. I. That said Municipal Gas Company is a corporation, duly orga- nized under the laws of the State of Texas, uith its principal office and place of business in Dallas County, Texas. II. That said company is engaged in the business of conveying and distributing natural gas for public use and service in tl,e city of Wichita Falls under a franchise, authorizing end permittinc itt so to do, and is a gas utility within the meaning of Chapter 14 of the General Laws of the State of Te:zas, app- roved June 12, 1920, ant uicval us Ho7se Bill Number 11, and is a local distri- bution company within the meaning of Sectien 6 of said, act. III. That said Municipal Gas Company is operating in said City of Wichita Falls as such utility under and by virtue of a franchise granted by said City to the assignors of said conroany, briefly described as follow2, to-nit: A franchise approved the 4th day of Se-)tember, 1908, to Id. I.. Bahan, his aspeciatks and assipas, and logally transferred and assigned to said Municipal Gas Cqmpaey, and said Municipal Gas Compa7c is now the legal and eq- uitable owner and holder thereof, and fully authorized, thereunder to conduct and carry on the busineslof aa utility in said City of Wichita falls. IV. , IV. That on the 10th day of June,1920, said franchise was ow-ne(.1 and held by the Worth Texas Gas Company, a corporation, which said company was likewise utility, under the toians of said, act, and was operating as such in said City of Wichita Falls on and before said dated. That pettr petition- er, Municipal Gas Company, is the succes,7ors of said Dort71 r]c:cat,,, Gas Company, and the owner of all the prcepertios and assets of said North Texas Gas Company, including the granchise and privilege aforesaid. -11) . . • V. -10 That on said 10th say of June, 1920, the City Council and Mayor of said City of Wichita Falls fixed and authorized and agreed upon the rates and charges which might be made and collected by said North Texas Gas Company, and by your petitioner as its successor, me follows: Seventh five (75) cents gross per thousand cubic feet for natural gas for domestic purpose, subject to 10 per cent discount on all bills paid on or before the 10th of month following, making the net rate sixty-seven and one-half cents per thousand cubic feet. VI. Being a public utilit;,:, under the terms of said act, the rates which may be charged by your petitioner are subject to regulation by law, and under the terms of said act and the laws of the State of Texas, it is the duty of said Cdity Council to fix and establish rates and charges for the service to be performed by your petitioner, and to fix and establish such rates and charges as will afford to your petitioner a return iron its investment in said proper- ties in said City of Wichita Falls of an amount equal to ten per cent of the amount of such investment, after making reasonable allowance for depreciation and operating expenses of every kind and character. • VII. Your petitioner further represents that it has devoted to said en- terprise in said city, properties of the actual aggregate value of $942,571.45. That its reasonable oneratina expenses per annum will amount to the sum of not less than $526,601.73; and that the rate fixed in said ordinance is wholly insufficient to rroduce the return upon the investment of your petitioner,which is permitted by law, and amounts to confiscation of the property of your peti- tioner. The above estimate of operating expense is based on the present price of labor and material and the price now being paid by petitioner for gas and any increase or decrease in the price of either will reflect itself correspondingly, of course, in the operating er,-.penses, increasing or decreas- ing such expenses correspondingly. VIII. For the better understanding of the value hereinabove alleged, there is attached hereto, marked "Exhibit A", and, made a part of this petition a statement in detail, showing the items and character and kind of property owned by said company in said city, and the value of the same in aetail. Likewise, there is attached hereto, marked "Exhibit B", and made a part hereof, a statement, wherein xis shown the gross earnings and the kind and character of the operating expenses referred to above. • In this connection your petitioner stands ready, in the event add- itional information may be required or desired, to furnish such information or to afford to any agency of said City of Wichita Falls the opportunity and means for the fullest advice and information, and the opportunity and means of verifying all of the items and schedules hereinabove presented. It rill be noted that after making the allowances to which your petitioner is entitled under the la , the net revenue derived by it from its business in said City of Wichita Falls is less than its expenses; and that instead of receiving a fair return or the money invested in said enterprise in said city, or any return on said money, there is a deficit chargeable to said operations of more than 012,000.00. X. Your petitioner further represents that it is necessary to increase its rates and charges in said City of Nichita Falls to the end that some re- turn may be realized upon its said investment; and that a customer's charge of fiftlf (50) cents per customer per month is the most practicable and the fairest manner of increasing said rates, and will be the most advantageous method to the people of said city. Your petitioner, therefore, prays that its rates and charges be fixed by this Council so that hereafter the rates obtained shall be as follows: Sevetty-Five (75) cents gross per thousand cubic feet for natural gas for domestic purposes, subject to ten (10) per cent discount on all bills paid within ten (10) days following date of billing, making the net rate sixty seven and one-half (67-i-) cents per thousand cubic feet; plus fifty (50) cents per month readiness-*o-serve charge for each consumer. And your petitioner respectfully prays that such increase be allowed effective September 1st, 1923, and that an ordinance, in proper terms, be en- acted by this Honorable Body, allowing such rates and charges. In this connection it is obvious that the rate now sought will not be sufficient to realize the amount of return which the law permits upon said investment; but it is the purpose of your petitioner to accept less than the amount permitted by law, if in doing so it can work in harmony vrith this Hon- orable Council; and can maintain that friendly relation toward the council and toward the public, which it desires, in order more efficiently to serve the public purpose to which its properties are dedicated under the law. Respectfully, Municipal Gas Company By C. B. Moginney, President. DETAIL OF INVESTMENT WICHITA FALLS; TEXAS. EXHIBIT "A" TOTAL DEC. 31ST, 1922 2" Pipe 49,384.28 3" Pipe 2,387.08 4" Pipe 103,471.91 44" Pipe 953.36 6" Pipe 103,608.73 8 "Pipe 3,693.34 10" Pipe 19,926.89 Service Lines 53,840.64 Meters 106,824.34 Large Screw Fittings 20,622.71 Small Screw Fittings 4,706.37 Dresser Fittings 4,694.33 Regulators 15,828.96 Installation of Mains 319,670.04 Installation of Services 63,662.43 Installation of Meters 15,897.74 Installation Miscellaneous 2,642.38 Horses, Wagons, Automobiles 5,937.47 Tools 1,480.90 Other Material 3,692.70 Real Estate 901.35 Buildings 5.436.29 Rights of Ways 93.42 Office Furniture 5,090.04 Miscellaneous 6,785.56 T o t a l $921,032.26 Stock on hand 21,539.19 T o t a l 942,571.45 Depreciation and amortization Reserve $197,583.56 I, J. B. McCabe, Treasurer, do hereby certify that the above and foregoing is a true and correct statement of Detail of Investment of Munici- pal Gas Company at Wichita Falls, Texas, as of December 31, 1922. Signed: J. B. McCabe, Treasurer,Municipal Gas Co. Subscribed and sworn to before me this 23 day of June 1923. Signed: Clyde Thomas, Notary Public in and for (Seal) Dallas County, Texas. / EARNINGS & EXPENSE SUMMARY EXHIBIT "B" WICHITA FALLS, TEXAS. FISCAL YEAR ENDED DECMEBER 31, 1922 INCOME: Domestic Sales •37,317.93 Industrial Saias 63,146.02 Penalties 7,431.20 Meter Earnings 6,369.14 Shop Earnings 12.63 GROSS EARNINGS $514,276.82 OPERATING EXPENSEI Distribution Operation Operating Mains: (a) Setting & Removing Meters 5,342.36 (b) Adlubting complaints 1,558.01 (c) Taking care of Regulators 2,154.80 (d) Miscellaneous Supplies & Exp. 26.11 Telephone & Telegraph Expense: (a) Rentals 356.11 (b) Long Distance 440.80 Freights 306.76 Miscellaneous 765.68 Total Distribution Expense 10,950.63 Office Expense Salaries: (a) Accounting 13,601.10 (b) Reading Meters & Collecting 5,238.12 Stationery & Printing 1,066.34 Postage 478.08 Miscellaneous Expense 2,050.48 Total Office Expense 22,334.12 General Expense Salaries and Expenses, Officers: (a) Salaries 6,476.25 (b) Traveling 1,136.97 Injuries & Damages 60.00 Salaries General Office Clerks 2,792.11 Taxes 11,929.43 Rentals (a) Office 3,600.77 (b) Warehouse (c) Rights of nay 10.00 Warehouse expense 492.65 Exchange 188.80 Insurance (a) Liability 1,510.64 (b) Fire 204.37 Legal Expense 2,190.51 New Business Expense 1,315.85 Bad Debts allowance 2,095.17 Interest Charges 11,801.44 Depreciation Allowance 45,524.79 Bond Discount & Expense amortized 553.44 Miscellaneous Incidental Expense " 2,708.00 Allowances 166.04 Total General Expense $94,369.63 MAINTENANCE EXPENSE: Distribution Maintenance Changing Construction 1,637.95 Repairs Mains 23,214.42 Repairs Service Connections 7,346.43 Repairs Meters 15,331.70 Repairs Barn & Garage Equipment 1,831.93 Re,airs Miscellaneous 49.84 Repairs Regulators 72.05 Repairs Buildings 12.47 Total Maintenance Expense 49,496.79 Gas T'urchased 349,450.56 TOTAL DEDUCTIONS FROM EARNINGS 526,601.73 NET INCOME DIVISI3LE-DEFICIT 12,324.91 I, J. B. McCabe, Treasurer of Munidipal Gas Company, do hereby cer- tify that the above and foregoing is a true and correct statement of Earnings and Expense of said Company at Wichita Falls, Texas, for the fiscal year end- ed December 31, 1922. Signed: J. B. McCabe. Subscribed and sworn to before me this 23 day of June 1923. Signed: Clyde Thomas, Notary Public Dallas Co., (S E A L) +Texas. Moved by Alderman Shepherd that the petition of the Municipal Gas Company be received and definite action be taken at a later date. Motion seconded by Alderman Stayton and carried. 0444#74######1444###40### A request by Mytinger & Walker for reimbursement for a portion of the cost of paving the intersection at Brook and Pearl Street was presented by Commissioner Clifford and after discussion the following motion was put in order. Moved by Alderman Stayton that the following committee be appoint- ed to investigate the records and report at an early date their findings as to the validity of the claim of Mytinger & Walker for reimbursement of the cost of paving said intereection. The Mayor then appointed the following committee:- E. M. Mann, City Attorney F. M. Rugeley, City Engineer W. E. McBroom, City Clerk Motion seconded by Alderman Shepherd and carried. ##H14#########M191MiHili Ordinance 447 AN 'ORDINANCE REGULATING THE TRAVEL AND TRAFFIC OF MOTOR VEHICLES ON THE STREETS OF THE CITY OF wICHITA FALLS, PROVIDING FOR A PENALTY AND AN ENTRGENCY. Moved by Alderman Young that Ordinance No.447 be passed on its seonnd reading. Motion seconded by Alderman Shepherd and carried by the following vote:- Yeas: Shepherd, Clifford, Patton, Young, Stayton. Mayes: None. #####040H#H#########-## Moved by Alderman Young that the taxes for the year 1919 on Lots, 4, 5, and 6, Block 2, Southland Addition owned by the First Methodist Churbh be remitted. Motion seconded by Alderman Stayton and carried. ######4#444#M4 j • Moved by Alderman Young that the sale of two span of males by Street Commissioner Clifford for $650.00 be ratified. Motion seconded by Alderman Patton, and carried. Bids for repaving one block and intersection on Indiana Avenue be- tween 6th and 10th Streets were opened and referred to the City Engineer tar tabulation. 44#1#14### Bids for paving the unpaved portion of Collins Avenue between Brook and Baylor were opened and considered. Moved by Alderman Stayton that the following Resolution be adopted. Motion seconded by Alderman Young and carried by the following vote; 1\ Yeas: Shepherd, Clifford, Patton, Young, Stayton. Mayes: None. RESOLUTION RESOLUTION ACCEPTING BID FOR IMPROVMENT OF A PORTION OF COLLINS STREET, AND DIRECTING EVECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that the unpaved portion of Collins Avenue from the West Property line of Brook Street to the East curb line of Baylor Street in said City be improved by installing concrete curbs and gutters, and paving same with one course re- inforced concrete pavement, and by raising grading and filling same,'toge'her with necessary appurtenances, and thereafter plans and specifications were duly adopted and approv d for such improvement, bids were advertised for, and received, and on the 2 day of (,.,k,,A/ 1923, snip bide were opened, and WHEREAS, the bids received have been fully canvassed and considered and the City Council after fully considering same is of the opinion that the bid of L. E. Whitham & Co., is the most advantageous and should be accepted: NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS, I. That the bid of Plains Paving Company for the making and const- ruction of the said improvements on said portion of street, filed with the city, be and the same is hereby accepted. II. That the form of contract emb rac:,d. in the specifications be and the same is hereby adopted and approved, and the Mayor is authorized and directed to enter into contract for such improvement with the said L. E. Whit- ham & 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 corp- orate seal. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APPROvru this day of 1923. ########H############ Moved by Alderman Stayton that the following Resolution be adopted. Motion seconded by Alderman Young and carried by the following vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Noyes: None. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILE WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF THE UNPAVED PORTION OF COLLINS AVENUE FROM THE WEST PROPERTY LINE OF BROOK STREET TO THE EAST CURS LINE OF BAYLOR STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS TEAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of the unpaved portion of Collins Ave. from the West property line of Brook Street to the East curb line of Baylor st- reet by raising, grading, and filling same and installing concrete curbs and pavement with foundation, and has caused advertisements to be made for bids we for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the manner described, and with concrete pavement as shown in the specifications adopted therefor. 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 Aldermen showing thereon the estimated cost of the proposed improvmments, the proportion thereof to be paid by the City, the proportion to be assessed against the abutting property and the owners of land abutting thereon and ben- efited 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 rate per front foot of property proposed to be assessed for excavation for for pavement and the rate for paving, and the total amount proposed against each such lot or parcel of land And the owners thereof, and such report may show any other matters or things, and shall show the estimated. amount of dam- ages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said improvements. Such report shall in all re- spects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of the unpaved portion of Collins Avenue from the West property line of Brook Street to the East curb line of Baylor Street. II. This resolution shall take effect from and after its passage. ###### ############# #### Moved by Alderman Stayton that the following Repor;t.,and estimate be adopted. Motion seconded by Alderman Young and carried by the following vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Hayes: None. The City Engineer then submitted. the following: TO THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS', TEXAS. GENTLEMEN: I hand you herewith report and estimate of the cost of improving the unpaved portion of Collins Avenue from the West property line of Brook Street to the East curb line of Baylor Street, and 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 amount payable by he City for this improvement will be *58.65. The estimated amount Payable by the owners of property will be $600.00 The estimated cost to property owners per lineal foot of curb is $1.00. The estimated amount to be assessed for excavation for pavement per front foot is nothing. The estimated cost to be assessed against.prorert,; owners for pave- hent is $9,00se per front foot: The estimated cost to be assessed. against property owners for pave- mdnt, exclusive of curb is $9.00@e per front foot: The estimated damages are nothing in any case. This estimate and report is 'ased upon re-inforced concrete pave- ment all in accordance with the specifications therefor heretofore filed with this Honorable Body. Resrectfully submitted, (Sined_) F. M. Rugeley, City Engineer. 0 Moved by Alderman Stayton that the follo ing Resolution be adopted. Motion seconded by Alderman Young and carried by the following vote:- Yeas: Shepherd., Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO COST AND ASSESSMENT FOR THE IM ROVEVENT OF THE UNPAVED PORTION OF COLLINS AVENUE FROM THE REST PROPERTY LINE OF BROOK STREET TO THE EAST CURT LINE OP BAYLOR STREET, F=ING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS ANT OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE TH REON AND PB SCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDEHVMN OF THE CITY OF WICHITA FALLS TEXAS: THAT, 6\ '-HCRP.P_S, the Board of Al ermen of the City of '7ichita Falls has heretofore ordered the im--rov'ment of the unpaved portion of Collins Avenue from the rest property line of Brook Street to the East curb line of Bailor Street, and has received estimates, plans and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, competitive bids were received, and it has been determined that all of the cost of constructing curbs along said portion of said street, and not exceeding a ninety per cent of the remaining cost of such improvment as determined at the 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 and Board of Aldermen his report and estimate of the cost of such improvement and estimated amount to be assessed against each lot or 'aarcel of land, 'and 'he o ner tT:.reof and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and dorrected. I. That said report of the City Engineer filed on the 25th day of June 1923 be and it is hereby adopted and approved. I I. That a hearing shall 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 are held in the Council Chamber in the basement of the Morgan Building in the City of Wichita Falls at 8 P. M. o'clock on the 16th 'ay of July 1923, and at which hearing and at said time and place the owners of said property,or any of them, their agents or attorneys, or any one else in any manner inter- ested either in said Property or in saj_*d 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 prop- erty shall be fully and fairly heard as to any or said matters and as to the amounts to be assessed against the said property and against the owners there- of, and as to the benefits to their property in enhanced value by means of said improvement, and as to damages to said property or the owners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any ise incident to or connected with the said im- provement, contract, proceedings, or assessment therefor, or method or manner or paying for same. III. That any c3aim 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, pro- tests, and objections whatsoever will be passed upon by the Board and said hearing may be continued from time to time until all desiring to be heard have been fully heard, and after all have been fully and fairly heard, the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and will determine the lots or parcels benefited by means of said improvement, and will determine the amount of damages, if any, to each lot or parcel of property and the owner thereof, the chanced value of property by means of said improvement, 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 imp- rovements,or the levying of assessments therefor, and will thereafter, by ord- inance, 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 proceed- ings of this Board. After such hearing is closed anyone desiring to appeal therefrom shall prosecute any 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 from in any manner doubting or re- sisting same or asserting any error, irregularity, mistake, or invalidity there- in. The City Clerk is hereby directed to give notice of the time and place of said hearing to the ov:ners of said property and to all others inter- ested by causing such notice to be published in the official newspaper of the City, which notice shall be substantially the following form, to-wit: "TO THE OWNERS OF PROPERTY ABUTTING ON COLLINS AVENUE FROM THE WEST PROPERTY LINE OF BROOK STREET TO THE EAST CURB LINE OF BAYLOR STREET AND TO ALL OTHERS INTERESTED". Notice is hereby given of the intention of the City to proceed with O the imrrovc:ment of the unlaved portion of Collins Avenue from its intersection U11 with the ':est property line of Brook to the East curb line of Baylor Street by raising, grading, and filling same and installing concrete curbs andpaving with concrete and all lots and land benefited by means of the said improvement,and such assessments, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and a charge against the owner thereof. On the 16th day of July A. D. 1923, in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 8P. M. o'clock all such owners and their agents will be fully heard by the Board of Aldermen, and any protests obejctions, or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined and the amounts to be ass- essed against each such lot or parcel of land and the owners thereof will be determined and an assessment therefor will be levied. Plans and specifications for the improvement, and form of contract and report of Engineer showing estimated cost thereof and estimated amount of assessment against each such lot or parcel of land and the owners thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is $658.65. The estimated amount to be assessed against property owners if $600.00. The estimated amount to be assessed for curb is 01.00 per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is 09.00 per front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any tkise connected with said improvement, the assessment therefor, the benefits therefor, the damages resulting therefrom Or the proceedings connected therewith, shall be and appear before said Board of said time and place. Done in accordance withe the resolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the 25th day of July A. D. 1923. W. E. McBroom, City Clerk And said notice shall be published in said paper not less than four times, and the first of said publications shall appear not less than 14 days prior to the date set for said hearing, not counting the date of hearing, and the City Clerk shall cause to be mailed to each o-ner 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 Wichita Falls but such notice by letter shall be cumdlative of the advertisement, and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. PASSED AND APPROVED this 25th day of June 1923. A. D. ###4404- ###44'!# #### 4 4# Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the following vete. Yeas: Shepherd, Stayton, Patton, Young, Clifford. Hayes: None. RESOLUTIO N RESOLUTION DECLARING THE NECESSITY OF IMPROVING EIGHTH STREET FROM THE EAST' CURB LINE OF VAN BUREN STd ET TO THE ' =CENpE`R3 LINE OF DENVER STREET STATING THE NATURE OF SUCH IMPROVEMENTS AND THE ISCTHOD BY WHICH IT IS PROPOSED THAT PAYIIENT BE MADE TETREFOR, and DIRECTING THE CITY ENGINEER TO HAVE PLANS PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMBROVEMENTS PREPARED: BE IT, AND IT IS HEREBY RESOLVED BY THE BOA!) OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Eighth Street from the East curb line of Van Buren Street to the ',c A n t':e r line of Denver 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) Warrenite Bitulithic (c) Concrete • :\1 The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of im- provement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, therebeing 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 exceeding 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 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 accertance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of fight (8%) per cent per annum, payable annually, but such pro- perty, 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 benefited thereby, than 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 end barges and demands of whatsoev r kind, excepting only State, County and Municipal taxes. No assessment shall be levied against any lot or parcel of land,or the owners 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 ass- essment 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 cont1act, 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 andexecuting 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 Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 25th day of June 1923. #4## 1###H####04/1144# The City Engineer then submitted the following. Wichita Falls, Texas June 25th 1923, TO THE HONORABLE MAYOR AND BOARD OF ALDEFCIEN OF THE CITY OF WICHITA FALLS, TWA& In compliance with the resolution of the Board of Aldermen with reference to the improvement of Eighth Street from the East curb line of Van Buren Street to the I-Cento— line of Denver 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. Signed: F. M. Rugeley, City Engineer. D\TP Moved by Alderman Young that the following Resolution be adopted. Motion seconded by Alderman Patton and carried by the following vore. Yeas: Shepherd, zAayton, Clifford, Patton, Young. Payee: None. RESOLUTION RESOLUTION APPROVING AND ADOPTING PLANS, PROFILESNPECIFI- CATIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF EIGHTH STREET FROM THE EAST CURB LINE OF VAN BUREN STREET TO CENTER OF DENVER STREET IN THE CITY OF WICHITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH IMPROVEMENT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT, WHEREAS, by resolution passed on the 25th day of June 1923 the Board of Aldermen of the City of Wichita Falls declared the necessity of improving Eighth Street from the East curb line of Van Buren Street to the Center line of Denver 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 mdde therefor, and directing the City Engineer to have plans, profiles, specifications and estimates of the proposed improvement, prepared, and WHEREAS, the said City Engineer has Jrepared such plans, profiles, specifications and estimates and has filed the same with the Board of Aldermen, and the same have been inspected and examined and corrected, where necessary; I. That the said plans, profiles and specifications and est- imates, 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 ad- vertise 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 requ- ired 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 9th day of July 1923, at &;30 o'clock P. IT., 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 25th day of June, 1923. ##################### Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the fol- lowing vote. Yeas: Shepherd, Stayton, Clifford, Patton, Young. Hayes: None. RESOLUTIO N RESOLUTION DECLARING THE NECESSITY OF IMPROVING EIGHTH STREET FROM THE EAST PROPERTY LINE OF FILMORE STREET TO THE CENTER LINE OF VAN BUREN STREET, STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PRO- POSED IMPROVEMENTS PREPARED: BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT °\11) • 1. It is necessary that Eighth Street from the east property line of nilmore Street to the 7:Genter:b line of Van Buren Street be im:>roved by raising grading, filling and paving the same, cud installing concrete curbs and gutters and that same be improved with the following methods and materials, to@wit• (a) Brick Pavement (b) Concrete Pav^went (c) Warrenite Bitulithic I I. The City Engineer is hereby directed to .ave plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of im- provement 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 exceeding ninety per cent of the remaining cost of such improvmments, and the City of ilichita 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 Cue one or before one ear (1) after such date, and the third on or before two (20) years after such date of com- pletion and acceptance, and the fourth on or before three (3) years after suhh 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, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any install- ment upon the maturity thereof shall at the option of the owner and holder of the certificateof 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 improvment 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 Mun- icipal 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 improvment, and no assess- ment 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 the:•eto. IV. • Upon the completion and acceptance of such improvments, 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 applicabld thereto, and the said improvements shall be exeucted, and the said matters filed, said notice and hearing ordered given, and ordinances levying the assessment, and any other matters with reference to said improve- mert shall be done and performed in the manner and form provided by the Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. Y. V This resolution shall take effect from and after its passage. Passed and approved this the 25th day of June 1923. II 1' (-)\ The City Engineer then submitted the following: Wichita Falls, Texas June 26th, 1923. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF ,,,,ICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with ref- erence to the improvement of Eighth Street from the east property line of Fil- more Street to the . Center line of Van Buren Street, I have prepared and hand you herewith plans, profiles, specifications and estimates of the proposed im- provements, the same embraces the different materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. M. Rageley, City Engineer. Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the following vote; Yeas: Shepherd, Clifford, Stayton, Patton, Young. Nayes: None. RESOLUT,ION RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PROPOSED INPROVEMENT OF EIGHTH STREET FROM THE EAST PROP- ERTY LINE OF FILMORE STREET TO THE 1.0ENTFX-', LINE OF VAN BUREN STREET IN THE CITY OF WICHITA FALLS, TEXAS END DIREf.:iING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH IMPROVEMENT. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS THAT, WHEREAS, by resolution passed on the 25th day of June 1923, the Board of Aldermen of the City of - ichita Falls declared the necessity of improv- ing Eighth Street from the east property line of Filmore Street to the '.Center b line of Van Buren 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, pre- pared; and WEMICAS, the said City 7ngineer 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 neceseary: 1. That the said plans, profiles and specifications and estimates, be and they are hereby adopted and approved as those under, by, and in accordance with which said improvements shall be made and constructed. 2. That the City Clerk be and he is hereby directed to advertise for competitive 'Ads 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 ineffect at this time, and by the ordinances and proceedings otthis Board and such bids will be received until and shall be opened on the rt.- 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 the 25th day of June 1923. # ##### ###ifiti-M*4-##14#4# (.)\ • Moved by AldermanlYoung that the following resolution be adopted. Motion seconded by Abder"man:>Pe.titon;and-carried by the following vote; Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION DECLARING'THE NECESSITY OF IMPROVING DENVER STREET FROM THE NORTH PROPERTY LINE OF ROSE STREET TO THE NOPTt1 PROPERTY LINE OF EIGHT STREET STATING THE NATURE OF SUCH IMPROVEMENT ''ND THE METHQD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED: BE IT, AND IT IS INiREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS; TEAS, THAT: 1. It is necessary that Denver Street fromthe north property line of Rose Street to the north property line of Eighth 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) Concrete Pavement (c) Warrenite Bitulithic I I. The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of im-ft provement prepared, and to file the same 1'fith 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 end abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding 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 pro erty and owners thereof shall be payable in dour equal installments, the first of which shall be due on or bef- ore 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 year (1) after such date, and the third on or before two (2) years after such date of comp- letion and acceptance, and the fourth on or before three (3) years after such dat of completion and acceptance. The entire amount of the sums shall bear interest fromthe 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, shall have the privilege of paying any or all of such install- ments 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 cer- tificate 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 parcehs 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 de- mands of whatsoever kind, excepting only State, County and lhunicipal taxes. No assessment shall be levied against any lot or parcel of land, Dr 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 .ildermen 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 le•vaing the assessment, and any other matters with reference to said improve- ment shall be done and performed in the manner and form provided by the Charter and laws in force and effect in this City, and the roceedings, ordinances,and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 25th day of June 1923. The City Engineer then submitted the following: Wichita Falls, Texas. June 25th 1923. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TETAs. In complianee with the resolution of the Board of Aldermen with reference to the improvement of Denver Street from the nort h property line of Rose Street to the north property line of Eighth 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. Signed: F. M. Rugeley, City Engineer. ######## ###########ethtili### Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the following vete; Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. RESOLUTIO N RESOLUTION APPROVING AND ADOPTING 'PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPIROVEMUT OF DENVER STREET FROM THE NORTH PRO- pertY LINE OF ROSE STREET TO THE NORTH PROPERTY LINE OF EIGHTH STREET IN THE CITY OF WICHITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH IMPROVEMENT, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT WHEREAS, by resolution passed on the 25th day of June 1923, the Board of Aldermen of the City of Wichita Falls declared the necessity of imp- roveing Denver Street from the north property line of Rose Street to the north property line of Eighth 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 riagineer to have plans, profiles, specifications and estimates of the proposed improv- ement, prepared: and WEEREAS, 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 tha.said plans, Profiles and specifications and estimates, be and they are hereby adopted and approved as those under, by, and in accordance with which said improvements shall be made and Constructed. C\1:\ 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 probeedings of this Board and such bids will be received until and shall be opened on the /f 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 approo/ve/dd. this the 1255tlh IdayyLLolff uJ.Julne u1�923. #11-f tt4#44 i i##-MC;7717f�f7r-rt7t7f'If'inT7r`�'!f"f'r# Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the following vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION DECLARING THE NECESSITY OF IMPROVINF VAN BUREN STREET FROM THE NORTH PROPERTY LINE OF NINTH STREET TO THE NORTH PROPERTY LINE OF EIvHTH STREET, STATING THE NATURE OF SUCH IMPROVE'[ENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYIENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE 'LANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVE= _.WINS PREPATED: Be IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT I. It is necessary that Eighth Street from the north property line of Ninth Street to the north property line of Eighth 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) 4'iarrenite Bitulithic Pavement (c) Re-inforced Concrete Pavement II. The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of imp- fovement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City ::onager. 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 exceeding ninety per cent of the remaining cost of such improvements, and the City of aichita Malls 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 year (1) after such date, and the third on.or before two (2) years after such date of comp- letion 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, shall have the privilege of paying any or all of such in- stallments at any time before maturity, and the failure to pay any install- ment 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 benefited thereby, shall be assessed against such lots or parcels and against the owners thereof ,l and shall be a personal liability of such owner and a first and prior lien and yu� charge against such property superior to all other liens, claims and charges ' and demands of whatsoever kind, excepting only State, County and Lunicipal 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 assem- ment, 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 tl-e 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 o.ners thereof, shall be issued to the contractor or party performing and ex- ecuting the work of such improvement and containing recitals lawful and prop- erly applicable thereto, and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance levy- ing the assessment, and any other matters with reference to said improvement shall be done and performed in the manner and form provided by the Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 25th day of June 1923. The City Engineer then submitted the following : Wichita Falls, Texas June 25, 1923. TO THE HONORABLE MAYOR AND BOARD OF ALDER:"EN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Van Buren Street from the north property line of Ninth Street to the north property line of Eighth 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 specifiedin the said resolution. Signed: F. M. Rggeley, City Engineer. ##iiiihi##########ii#####14#7;40#if 54 Moved by Alderman Young that the following Resolution be adopted. Motion seconded by Alderman Patton and carried by the following vote; Yeas: Shepherd, Stayton, Clifford, Patton, Young. Hayes; None. RESOLUTION RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF VAN ',7,•:-PN STREET FROM THE NORTH PROPEI,TY LINE OF NINTH STREET TO THE NORTH PROPERTY LINE OF EIGHTH STREET IN HE CITY OF WICHITA 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 ALDERHEN OF THE CITY OF WICHITA FALLS THAT, WHEREAS, by resolution passed on the 25th day of June 1923, the Board of Aldermen of the City of Wichita Falls declared the necessity of im- proving Van Buren Street from the north property line of r'inth Street to the north property line of Eighth 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 (,\C) IBEREAS, 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 corfected, where necessary. 1. That the said plans, profiles and specifications anC 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 wad 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 q-5-lay 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 25th day of June 1923. 7:-.4404714#/freil# 44/ffd2:474#ffrii Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the following vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION DECLARING THE NECESSITWOF IMPROVING LAMAR STREET FROM SOUTH PROPERTY LINE OF SEVENTH STREET TO THE I\ORTH PROPERTY LINE OF EIGHTH STREET STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY "!HICH IT IS PROPOE THAT PAYIEITT BE LADE THPREFOR, AND DIRECTING THE CITY 7NGINEER TO RAVE PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED. BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF jICHITA FALLS: THAT, I. It is necessary that Lamar Street from the South property line of. Seventh Street to the rofth property line of Eighth Street be improved by rai- sing, grading, filling, and paving same, and installing concrete curbs and that same be improved with one of the following materials, to-wit: (a) One course concrete pavement (b) Viarrenite Bitulithic Pavement (c) Brick pavement 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 same vith the Board of Aldermen, the City En ineer 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 cost of installing curbs and not exceeding ninety per cent of the remaining .ost 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 eeual installments the first of which shall be due ten days after the completion and acceptance by the City of such improvements, and the second shall be due on or before one (1) year after such completion and accept- ance, and the third on or before two (2) years from such completion and accept- ance and the fourth shall be due and payable on or before three years from such date of completion and acceptance. D° 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 per cent (8%) per annum, payable annually, but such property and the owners thereof shall have the privilege of paying any or all of such installments at any time before maturity, and the failmre 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 unpaid; and the sums payable by the respective lots or parcels of land or property abUtting upon the said improvement and benefited thereby, shall be assessed against such lots or par- cels 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 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 ass- essment 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 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 assess- ment and any othe matters with reference to said improvement shall be done and performed in the manner and form provided by the Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of _-..1dermen. V. This resolution shall take effect from and after its passage. The City Engineer then submitted the following: LETTER OF ENGINEER SUDMITTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES. TO THE HONORABLE MAYOR aND BOARD OF ALDERTEN OF THE CITY OF 'JICHITA FALLS,TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Lamar Street from the south property line of Seventh Street to the north property line of Eighth Street, I have prepared and hand you herewith plans, profiles, specifications, and estimates of the proposed improvements, the same embraces and different materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. E. Rugeley, City Engineer. June 25, 1923. Moved by Alderman Young that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the following vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTIO N RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICATIONS n'TD ESTIMATES OF THE PROPOSED IMPROVEMENT OF Ial:EAR STREET FROM THE SOUTH DROP- ERTY LINE OF SEV"NTH STREET TO THE NORTH PROPERTY LINE OF EIGHTH STREET IN THE CITY OF JICHITA FALLS, TEXAS, aND DIRECTING THE CITY CL__:RY.. '0 ANVERTISE FOR COM2ETITIVE 'IDS 'OR THE MAKING MD CONSTRUCTING OF SUCH IMPROVEMENTS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CIA OF WICHITA FALLS TEXAS: THAT WHEREAS, by resolution passed on the 25th day of June A. D. 1923 the Board of Aldermen of the City of Wichita Falls declared the necessity of improving Lamar Street from the south property line of Seventh Street to the north property line of Eighth Street by raising, grading, and filling same, and paving same, and installing curbing with the materials and in the manners and Eiethods 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 pre- pared; and, WHEREAS, the said City Engineer has prepared such plans, profiles, specifications and estimates and has filed same with the Board of Aldermen, and the same have been examined and inspected and corrected where necessary; I. That the said plans, profiles, specifications, and estimates, be and they are hereby adopted and approved as those uner, by rind in accordance with which the said improvements shall be made and constructed. II. That the City Clerk be and he is hereby directed to advertise for competitite 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 for by the City Charter and laws in force and effect at this time, and b the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the day of 1923, at '1M o'clock, and all bids shall be made in the form and in ijekeiuier, and accompanied by certified check and by the guarantee provided and required by the said specifications. III. This resolution shall take effect from and after its passage. Passed and approved, this 25th day of June A. D. 1923 Loved by Alderman Shepherd that the Water Department be authorized to construct a 4 " water line on _2264 __ Street between 71A4,4t, Street at a cost of .) in lidukufTi2" line previously authorized. 7otion seconded by Alderman Young and carried. ############################ The Board of Aldermen then adjourned. Read and approved this 24AJ day of 11,1,ar 1923. 1 Layor ATTEST:- • • City Clerk TIP