Loading...
Min 06/11/1923 (2) Wichita Falls, Texas Basement Morgan Building, June 11, 1923. The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date with the following present:- Frank Collier, Mayor R. E. Shepherd r B. A. Stayton I J. T. Young r Aldermen N. L. Clifford r J. H. Patton r W. E. MoBroom, City Clerk E. M. Mann, City Attorney The minutes of the previous meeting were read and approved. ####################### Moved by Alderman Shepherd that the petition in the case of M. Groezinger be received and a committee be appointed to make an investigation in accordance with Section 159 of the City Charter. Motion seconded by Alderman Young and carried. ##################### C. C. McDonald representing R. W. Ramming and J. A. Curtis, made application for the erection of a brick drive in filling station to be located on the Forth °hest corner of Tenth and Denver Streets. Moved by Alderman Shepherd that the petition be received and a public hearing ordered on July 2, 1923. Motion seconded by Alderman Stayton and carried. ################### Moved by Alderman Shepherd that the application of J. E. Carter for the installation of a curb filling station at 1909 Grant be received and a public hearing ordered on July 2, 1923. Motion seconded by Alderman Stayton and carried. ##################### ORDINANCE 447 AN ORDINANCE REGULATING THE TRAVEL AND TRAFFIC ON MOTOR VEHICLES ON THE STREETS OF THE CITY OF GWICHITA FALLS, PROVIDING FOR A PENALTY AND AN EMER- GENCY. Moved by Alderman Shepherd that Ordinance No.447 be passed on its first reading. Motion seconded by Alderman Young and carried by the following vote:- Yeas: Shepherd, Stayton, Clifford,Patton, Young. Nees: None ################### Bids for paving Polk Street from Avenue D to Avenue G, held over from the previous meeting were considered further, a petition presented indicated that the majority of property owners preferred brick pavement. ################### Moved by Alderman Shepherd that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the follow- ing vote:- Yeas: Shepherd, Clifford, Patton, Young, Stayton. Nayes: None. RESOLUTION RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF POLK STREET, :ND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Polk Street in said City be improved from its intersection with the south prop- erty line of Avenue "D" to its intersection with the north curb line of Avenue "G" Street, by installing concrete curbs and gutters, and paving same with brick pavement on a concrete foundation, and by raising grading and filling same, to- gether with necessary appurtenances, and thereafter plans and specifications were duly adopted and approved for such improvement, bids were advertised for and received, andon the 4th day of June 1923, such bids were opened, and Whereas, the bide received have been fully canvassed and con- sidered and the City Council after fully considering same is of the opinion that the bid of Plains Paving Company 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 con- struction 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 embraced 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 Plains Pav- ing 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 ti impress thereon the city's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this llth day of June 1923. ####################### Moved by Alderman Shepherd that the following resolution be adopted. Motion seconded by Alderman Patton and carried by the follow- ing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young. Nayes: None. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILE REPORT WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF TMPROVEIU NT OF POLK STREET FROM THE SOUTH PROPERTY LINE OF AVENUE "D" TO THE NORTH CURB LINE OF AVENUE "G". BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, j Texas, has heretofore ordered the improvement of Polk Street from its inter- section with the south property line of Avenue "D" to its intersection with the north curb line of Avenue "G" by raising, grading and filling same and in- stalling concrete curbs and gutters and paving with brick pavement on concrete foundation, and has caused advertisements for bids for the making and constr- uction of the said improvements to be made and bids therefor have been taken, and said Board is determined to make the same in the said manner and with brick pavement on concrete foundation, as shown in specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions 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 improve- ments, the proportion thereof to be paid by the city, the proportion to be ass- essed against the abutting property and the owners land abutting thereon and benefited thereby, and the owners thereof, a owner 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 pavement, and the rate for paving, and the total amount proposed to be assessed against each such lot or parcel of land and the owner thereof, and such report may show any other matters or things, and shall show the esti- mated amounts of damages, 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 respects comply with the protisions of the City Charter and with Chapter 11 of Title 22 of the Revised Statutes of the State of Texas of 1911, and in all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of said Street. II. This resolution shall take effect from and after its passage. Passed and approved this the llth day of June 1923. ###########'/4 it############# The City Engineer then submitted the following. TO THE L'AYOR -.ND BOARD OF A1rDERLiEN, CITY OF WICHITA FALLS, TEXAS. GENTLEMEN;- I hand you herewith report and estimate of the cost of Imp- roving Polk Street from its intersection with the South Property Line of Ave- nue "D" to its intersection with the North Curb Line of Avenue "G", 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 the City for this improvement will be $ -336.7 The estimated amount payable by the owners of property abutting will be ^ /P, 1.r2.u9 The estimated cost to property owners per lineal foot of curb is $ o, 6d The estimated amount to be assessed for excavation for pavement per front foot is -nofh,na' ; The estimated cost to be assessed against property owners for pavement, including base, per front foot is v� 7./os-4 The estimated cost to be assessed against property owners ex- clusive of curb, per front foot is $ 7io,ri6 The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gutters and brick pavement on concrete foundation, all in accordance with the specifications therefor heretofore filed with your Honorable Body. Respectfully submitted, Signed: F. M. Rugeley, City Engineer 404#######NlikifYff######fffili Moved by Alderman Shepherd that the following Resolution be adopted. Motion seconded by Alderman Patton and carried by the follow- ing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG- INEER AS TO THE COST AND ASSESSMENTS FOR THE IMPROVEMENT OF POLK STREET FROM ITS INTERSECTION WITH THE SOUTH PROPERTY LINE OF AVENUE "D" TO ITS INTERSECTION WITH THE NORTH CURB LINE OF AVENUE "G", FIXING A TIC AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, has heretofore ordered the improvement of Polk Street from its intersection with the south property line of Avenue D, to its intersection with the north curb line of Avenue G, and has received estimates, plans and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, competitive bids were received and it has been determined that all of the cost of constructing curbs along said portion of said Street, and not exceeding ninety per cent of the remaining cost of such improvement, as deter- mined at the hearing hereinafter mentioned, shall be assessed against the prop- erty abutting thereon, and against the owners thereof, and that said property is the property that will be benefited by means of said improvement; and the City Engineer has made and filed with the Llayor and Board of Aldermen his re- port and estimate of the cost of such improvement, and the estimated amount to be assessed against each lot or parcel of land, and the owner thereof, and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected: I. • That a hearing will be given to the owners of property pro- posed to be assessed for the said improvements, being the property abutting on said portion of said street, and to all others interested, and same shall be given and held in the Council Chamber in the Basement of the Morgan Building in the City of Wichita Falls at 7 3e o'clock & /1M on the jr.4` day of 1923 and at which hearing and at said time and place the owners of said p ope ty, or any of them, their agents or attorneys, or any one else in any manner inter- ested either in the said property or in said improvements, or in any manner or method of making and constructing same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said property, shall be fully and fairly heard as to any or said matters and as to the amounts to be assessed against the said property and against the owners thereof, and es to the benefits to their said property in enhanced value by means of said improvement, and as to damages to said property or the owners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any wise incident or connected with the said improvement, contract, proceedings or assessment therefor, or the method or manner of paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required by law and the provisions of the City Charter. And other claims or matters may be presented either orally or in writing, and at such hearing all claims 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 shall have been fully heard., and after all have been fully and fairly heard the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel of property and against the owners thereof, and will determine the lots or parcels benefited by means of said improvement,and will determine the amounts of damages, if any, to each lot or parcel of property and the owners thereof, the enhanced value of each lot or parcel of property by means of said improvement, and will correct any errors, mistakes, or invalidities in any pro- posed assessment, and in any proceedings with reference to the making or con- struction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, make and levy assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in accordance with the terms required by law in force in this city, and the City Charter, and the ordinances, resolutions and other proceedings of this Board. After such hearing is closed anyone desiring to appeal there- from shall prosecute an appeal in saray Court having jurisdiction within twenty (20) days from the date of 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 days from the levying of such assessments, 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 owners of said property and to all others in- terested by causing such notice to be published in the official newspaper of the City, which notice shall be in substantially the following form: to-wit; "TO THE OWNERS OF PROPERTY ABUTTING ON POLK STREET FROM THE SOUTH PROPERTY LINE OF AVENUE "D" TO THE NORTH CURB LINE OF AVENUE "G", AND TO ALL OTHERS INTERESTED". Notice is hereby given of the intention of the City to proceed with the improvement of Polk Street from its intersection with the South property line of Avenue D, to the North Curb line of Avenue G, by raising, grading and filling same and installing concrete curbs and gutters and paving with brick pavement on concrete foundation and all lots and land abutting on said street and all lots and land benefited by means of the said improvement, and such ass- essments, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and charge against the owners thereof. On the 5-q--Zday of p.,ew 1923, in the Council Chamber in the Horgan Building in the City of Wichi a Fills, Texas, at R°o'clock c1M. all such owners and their agents or attorneys, or any other persons or parties de- siring to be heard, will be fully heard by the Board of Aldermen, and any pro- tests, objections or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined and the amounts to be assessed against each 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 said improvement is .2o,,J-8P./F ; The estimated amount to be assessed against property owners is 0 /1, 2,r2.411 The estimated amount to be assessed for curb is $ o.so per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is 7, /c.s-i4 per front foot; All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvements, the assessment therefor, the benefits thereof, the dam- ages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board at said time and place. Done in accordance with resoiption of the Board of Aldermen of the City of dichita Falls, Texas, on the e-day of 1923. Signed: W. E. McBroom, City Clerk. And said notice shall be published in said newspaper not less than four times, and the first of said publications shall appear not less then 14 days prior to the date set for said hearing, not counting the day of hearing and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a registered letter containing a copy of the said notice, such letter to be deposited in the Post Office at ,Uchita Falls Texas, but such notice by letter shall be cumulative of the notice by advertise- ment, 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 the llth day of June 1923. Bids for paving Pearl Street were opened and referred to the City Engineer for tabulation, ######################## Moved by Alderman Shepherd that the Civic League be granted the exclusive privilege of using Scotland Park for a 4th of July picnic. Motion seconded by Alderman Patton and carried. ####################### \\ Dr. D. Meredith, City Physician appeared before council re- questing that he be allowed the fees for examining food handlers and that the Clerk in his office be allowed the legal fees for handling the vital statistics. The Mayor then appointed the following committee to investigate the matter and report at an early date. R. E. Shepherd 1 . B. A. Btaxtom. ea/TomAJ ################### Moved by Alderman Clifford that the following resolution be adopted. iTotion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Clifford, Young, Patton. Nayes: None. RESOLUTION RESOLUTION ACCEPTING BID FOR IMPROVrIvIENT OF A PORTION OF PEARL STREET FROM ITS INTERSECTION CITH THE EAST.PROPERTY LINE OF BROOK STREET TO ITS INTERSECTION .IITH THE NEST CURB LINE OF GRACE STREET, AND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Pearl Street from its intersection with the East property 11n144rook Street to its intersection with the West curb line of Grace Street/lb installing con- crete curbs and gutters, and paving same with concrete pavement, and by raising grading and filling same, together with necessary appurtenances, and thereafter plans and specifications were duly adopted and approved for such improvement,bids were advertised for, and received, and on the 011-- day of Air„, 1923,such bids were opened, and NHEREAS, the bids received have been fully canvassed and con- sidered and the City Council after fully considering same is Of lathe opinion that the bid of L. E. Whitham & Co., is the most advantageous and should be acc- epted: NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS, I. That the bid of L. E. Whitham, & Co., for the making and con- struction 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 embraced in the specifications be and the same is hereby adopted and approved, and the Mayor is authdrized.and dioc7cedto enter into contract dor such improvement with the said L. E. Whit- ham & Co., and to execute such contract for and on behalf of and in the name of the city, and the City Clerk is hereby authorized and directed to attest same in the name of the city and to impress thereon the city's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this llth day of June 1923. ####################### Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the follow- ing vote:- , Yeas; Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. • RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILEil1ITH BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVENT1T OF PEARL STREET FROM ITS INTERSECTION WITH THE EAST PROPERTY LINE OF BROOK STREET TO ITS INTERSECT- ION WITH THE WEST CURB LINE OF GRACE STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Pearl Street from its inter- section with the East property line of Brook Street to its intersection with the West curb line of Grace Street, by raising, grading, and filling same and installing concrete curbs and pavement with foundation, and has caused adver- tisements to be made for bids for the making and construction of the said im- provements to be made and bids therefor have been taken and said Board has de- termined to make the same in the manner described, and with one course concrete pavement, as shown in the specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions of Section 108 of the City Charter, to make and file a report with the Board of nldermen showing thereon the estimated cost of the proposed improve- ments, the proportion thereof to be paid by the City, the proportion to be ass- essed against the abutting property and the owners of land abutting thereon and benefited thereby, and the owners thereof, the rate per lineal foot proposed to be assessed for curb, and the amount to be assessed in each case for curb, the rate per front foot of property proposed to be assessed for excavation 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 damages 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 respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of Pearl Street from its intersect- ion with the East Property Line of Brook Street to t-ts intersection with the Pest curb line of Grace Street. II. This resolution shall take effect from and after its passage. ############################### 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 impro- ving Pearl Street from its intersection with the east property line of Brook Street to its intersection with the west curb line of Grace 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 BoI.y. As is shown on this report the S8 imated amount payable by the City for this improvement will be 33a6.6o y The estimated amount payable by the owners of property will be "r';97-7.z'9 , The estimated cost to property owners per lineal foot of curb is i o.30 , The estimated amount to be assessed for excavation for pavement per front foot is pa,.2sis-2_,744;„g The estimated cost to be assessed against property owners for pavement is $" 3S8+1L per front foot; The estimated cost to be assessed against property owners for pavement, exclusive of curb is $43.Mr2 per front foot; The estimated damages are nothing in any case. This estimate and report is based upon one course concrete pavement all in accordance wit;_ the specifications therefor heretofore filed with this Honorable Body. Respectfully submitted, �1� Signed: F. M. Rugeley,City Eng. a Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the follow- ing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ####&################## RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENI GINEER AS TO COST AND ASSESSMENT FOR THE IMPROVEMENT OF PEARL STREET FROM ITS INTERSECTION WITH THE EAST PROPERTY LINE OF BROOK STREET TO ITS INTERSECTION WITH THE UEST CURB LINE OF GRACE STREET FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FAILS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, has heretofore ordered the improvement of Pearl Street from its intersection with the East property line of Brook street to its intersection with the West curb line of @race 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 ninety per cent of the remaining coot of such improvement, as det- ermined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said prop- erty 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 parcel of land, and the owner thereof and showing other matters and things required by law and the City Charter and the proceed- ings of this Board for such reports, and same has been examined and corrected: I. That said,report of the City Engineer filed on the Ilday of glivAR./ 1923, be and it is hereby adopted and approved. II. 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 ol.the Morgan Building in the City of Wichita Falls at 71P.gm. o'clock on the Sttiday 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 interested either in said property or in said improvements, or in the manner or method of making and constructing same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said property, shall be fully and fairly heard as to any ot said matters and as to the amounts to be assessed against the said property an against the owners thereof, 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 wise incident to or connected with the said improvement, contract, proceedings or assessment therefor, or method or manner or paying for same. III. That any claim for damages shall be made in wriring 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. Add 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 owners 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 there- of, the enhanced value of property by means of said improvement, and will cor- rect any errors, mistakes or invalidities in any proposed assessment, and in any proceeding with reference to the making or construction of said improvements or the levying of assessments therefor, and will thereafter, by ordinance,make and levy assessments against each such piece or parcel of property and against the owners thereof in proportion provided and in the manner and form and in accordance with the terms required by law in force in this City,and the City Charter, and the ordinances resolutions, and other proceedings of this Board. \\ After such hearing is closed anyone desiring to appeal there- from shall prosecute any appeal to any Court having Ourisdiction within twenty (20) days from the date such hearing is closed and final assessment levied mad not thereafter, and all persons, firms, corporations, estates, and other part- ies 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 therein. The City Clerk is hereby directed to give notice of the tine and place of s id hearing to the owners of said property and to all others interested by causing such notice to be published in the official newspaper of the City, which notice shall be substantially the following form, to-wit: "TO THE OWNERS OF PROPERTY ABUTTING ON PEARL STREET FROM BROOK TO GRACE STREETS AND TO ALL OTHERS INTERESTED". Notice is hereby given of the intention of the City to pro- ceed with the improvement of Pearl Street from its intersection with the East Property Line of Brook street to its intersection with the Vest curb line of Grace Street by raising, grading and filling same and installing concrete curbs and paving with one course concrete pavement and all lots and land benefited by means of the said improvement, and such assessments, when levied, shall be a first and prior ix lien upon the lots and land assessed, and a personal claim and a charge against the owners thereof. On the (th, day of July A. D. 1923, in the Council Chamber in the Horgan Building in the City of Wichita Falls, ati;d„em, o'clock, all such owners and their agents will be fully heard by the Board of Aldermen, and any protests, objections, or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined and the amounts to be assessed against each such lot or parcel of land and the owners thereof will be determined nd an assessment therefor will be levied. Plans and specifications for the im rovement, and form of contract and report of Engineer showing estimated cost thereof and estimate amount of assessment against each such lot or parcel of land and the owners thereof, are on file in the office of the eity Clerk and open to inspection. The estimated cost of the scid improvement is Si26,233.89 The estimated amount to be assessed against property owners is ,',22,927.29; The estimated amollt to be assessed for curb is 0.3D per lineal foot of curb; 0nd, The estimated amount of the assessment against pro erty owners and their property for pavement and excavation is $6.35852 per front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvement, the assessment therefor, the benefits therefor, the dam- ages resulting therefrom, or the proceedings connected therewittr, shall be and appear before said Board of said time and place. Done in accordance with the resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the /r.YYday of fr...t/ A. D. 1923. 1. 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 owner whose name appears on said report of the City Engineer, a registered letter containing a copy of the said notice, such notice to be deposited in the Post Office at dlchita Fells but such notice by letter shall be cumulative of the advertisement, and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. Afs. Passed and approved this // - day of ?AA.AJ7-- A. D. 1923. Moved by Alderman Clifford that the following resolutionbe adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas; Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. R E S O L U T I O N RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF BLUFF STREET, AND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Bluff Street from its intersection with the South Property Line of Ninth Street to its intersection with the North Property Line of Eleventh Street, by install- ing concrete curbs and gutters, and paving same vith one course concrete pave- ment, and by raising grading and filling same, together with necessary appur- tenances, and thereafter plans and specifications were duly adopted and approved ' for such improvement, bids were advertised for, and received, and on the !i= day of ,,,,A9.) _1923, such bids were opened, and WHEREAS, the bids received have been fully canvassed and con- sidered 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 L. E. Whitham & Co., for the making and con- struction 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 embraced 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 & Co., and to execute such contract for and on behalf of and in the name of the city, and the City Clerk is hereby authorized and directed to attest same in the name of the city and to impress thereon the city's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this llth day of June 1923. ############################### Moved by alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas; Shepherd, Clifford, Stayton, Patton, Young. Nayes: None. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILE WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF DIPROVEMENT OF BLUFF STREET FROM ITS INTERSECTION WITH THE SOUTH PROPERTY LINE NINTH STREET TO ITS INTER- SECTION ':iITH THE NORTH PROPERTY LINE OF ELEVENTH STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of '.7ichita Falls, Texas, has heretofore ordered the improvement of Bluff Street from its inter- section with Ninth °treet to its intersection with Eleventh Street by raising grading, and filling same and installing concrete curbs and pavement with foun- dation, and has caused advertisements to be made for bids 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 one course concrete pavement as shown in the specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions 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 improve- ments, the proportion thereof to be paid by the City, the proportion to be ass- • essed against the abutting property and the owners of land abutting thereon and benefited thereby, and the owners thereof, the rate per lineal foot proposed to be assessed for curb, and the amount to be assessed in each case for curb, the rate per front foot of property proposed to be assessed for excavation 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 damages, if any, to each piece or parcel of property, and the owner thereof, which will be sus- tamed by reason of said improvements. Such report shall in all respects comply with the resolutions and other proceedings of this Board with reference to Vie proposed improvement of said portion of Bluff Street from its intersection with Ninth Street to it intersection with Eleventh Street. II. This resolution shall take effect from and after its passage. ######################4########### 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 Bluff Street from its intersection with the South Property Line of Ninth Street to its intersection with the North Property Line of Eleventh 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 the City for this improvement will be $1443.46; The estimated amount payable by the owners of property will be $10,263.66; The estimated cost to property owners per lineal foot of curb is $0.60; The estimated amount to be assessed for excavation for pave- ment per front foot is nothing; The estimated cost to be assessed against property owners for pavement is $6.83118 per front foot: The estimated cost to be assessed against property owners for pavement, exclusive of curb is $6.83118 per front foot; The estimated damages are nothing in any case. This estimate and report is based upon one course re-inforced concrete pavement, all in accordance with the specifications therefor hereto- fore filed with this Honorable Body. Respectfully submitted, Signed: F. Y. Rugeley,City Engineer. Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Mayes: None. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF TH7 CITY ENG- INEER AS TO COST .ND ASSESSIENT FOR THE IMPROVEMENT OF BLUFF STREET FROM ITS INTERSECTION JITH SOUTH 'ROPERTY LINE OF TNTH STREET TO ITS INTERSECTION '11-TH THE NORTH PROPERTY LINE OF ELEVENTH STREE FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF ,ND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY '4HE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Bluff Street from its intersection with the South property-;L line of Ninth Street to its intersection with the north property line of Eleventh 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 ninety per cent of the remaining cost of such improvement, as determined at the hearing hereinafter mentioned, be ass- essed against the property abutting thereon and against the owners thereof, A 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 parcel of land, and the owner thereof and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected: I. That said report of the City Engineer filed on the 114 day di' 1923, be and it is hereby adopted and approved. II. 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 13.0.em. o'clock on the q day of 1923, and at which hearing and at said time and place the owners of s id operty, or any of them, their agents or attorneys, or any one else in any manner interested either in said property or in said improvements, or in the manner or method of making and constructing same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said property shall be fully and fairly heard as to any or said matters and as to the amounts to be assessed against the said property and against the owners thereof, and as to the benefits to their property in enhanced, value by means of said 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 wise incident to or connected with the said improvement, contract, proceedings, or assessment therefor, or method or manner or paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required by law and the provisions of the City Charter. And other claims or matters may be presented either orally or in writing and at such hearing all claims,pro- tests, and objections whatsoever will be passed upon by the Board and said hear- ing 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 par- cels 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 ther eof, the enhanced value of property by means of said improvement, and will correct any errors, mistakes, or invalidities in any proposed assessment, and in any pro- ceeding with reference to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinaries, make and levy assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in accordance with the terms required by law in force in this City, and the City Charter, and the ordinances, resolutions, and other proceedings of this Board. After such hearing is closed anyone desiring to appeal there- from 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 ass- essment, be forever barred and estopped from in any manner doubting or resist- ing same or asserting any error, irregularity, mistake, or invalidity therein. The City Clerk is hereby directed to give notice of the time • and place of said hearing to the owners of said property and to all others in- terested 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 0 NERS OF PROPERTY ABUTTING ON BLUFF STREET BETWEEN NINTH STREET AND ELEVENTH STREET AND TO ALL OTHERS INTERESTED". Notice is hereb, given of the intention of the City to proceed with the improvement of the unpaved portion of Bluff Street from its intersect- ion with Ninth Street to its intersection with Eleventh btreet by raising, grad- ing, and filling same and installing concrete curbs an, gutters and paving with one course reinforced 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 owners thereof. \\% On the _5-e=day of !!(42.A/, A. D. 1923, in t4e Council Chamber in the M Morgan Building in the City of 'ichi' a Falls, at /,ttem. o'clock all such owners and their agents will be fully heard by the Board of Aldermen, and any protests, objections, or claims will be fully and fairly heard, The benefits and damages resulting from said improvements will be determined and the amounts to be assessed against each such lot or parcel of land and the owners thereof will be determined and anassessment therefor will be levied. Plans and specifications for the improvement, and form of con- tract and report of Engineer showing estimated cost thereof and estimate amount of assessment against each such lot or parcel of land 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 0.1,707.12; The estimated amount to be assessed against property owners is . 10,263.66; The estimated amount to be assessed for curb is $0.50 per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is $6.83118 per front foot. All persons, firms, corporationp, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvement, the assessment therefor, the benefits therefor the dam- ages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board of said time and place. Done in accordance with the resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the _04- day of A.D. 1923. Signed: 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 earing, and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a registered letter containing .a copy of the said notice, such notice to be deposited in the Post Office at Wichita Falls but such notice by letter shall be cumulative of the advertisement, and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. - Passed and approved this llth day of June 1923. ######## ;i#################### Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Mayes: None. RESOLUTION RESOLUTION DECLARING THE NECESSITY OF IMPROVING THE UNPAVED PORTION OF COLLINS AVENUE FROM THE WEST PROPERTY LINE OP BROOK STREET TO THE EAST CURB LINE OF BAYLOR STREET STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY nHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR AND DIRECTING THE CITY ENGINEER TO HAVE PLANS? PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED. BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, I. It is necessary that the unpaved portion of Collins Avenue from the Jest property line of Brook Street to the East curb line of Baylor Street be improved by raising, grading, filling, and paving same, and install- ing concrete curbs, and that same be improved with one of the following materials, to-wit: (a) One course concrete pavement. (b) Warrenite 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 rith the Board of Aldermen, the City • Engineer being so directed, there being no City kanager. 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 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 equal installments, the first of which shall be due upon the date of the completion and acceptance by the City of sudh improvements and the second shall be due on or before one (1) year after such completion and acceptance, and the Ilaird on or before two (2) years from such completion and alcotance and-au. l• '/ At,-I,,,a-v4,21,1.4k.37.a.4..,7/..--urwi.,424...t.-clidaiLf ..e...rilpiEtr.,e,-. The entire tmount of the sums shall bear interest from the date of such comple- tion 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 pri- vilege 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 certificateof 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 imp- rovement 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 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 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 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 proceedin s, ordinances and resolutions of the Board of Aldermen. • V. This resolution shall take effect from and after its passage. ##########4#### ######### The City Engineer then submitted the following:- , LETTER OF ENGINEER SUBMITTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES. TO THE HONORABLE ilAYOR AND BOARD OF ALDERMEN OF THE CITY OF ,JICHITA FALLS,TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of the unpaved portion of Collins Avenue Street from the Jest Property Line of Brook Street to the '''ast curb Line of -°aylor Street I have prepared and hand you herewith plans, profiles, specifications, and est- imates 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. M. Rugeley, City Engineer Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the follow- ing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICAT- ION AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF THE UNPAVED PORTION OF COLLINS AVENUE FROM THE dEST PROPERTY LINE OF BROOK STREET TO THE EAST CURB LINE OF BAYLOR 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 IMP- ROVEMENTS. BE. IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT V'WHEREAS, by resolution passed on the L.L.--__day of itim.al A. D. 1923, the Board of Aldermen of the City of Wichita Falls declare the necessity of improving the unpaved portion of Collins Avenue from the West property line of Brook Street to the East curb line of Baylor Street, by raising grading, and filling, same, and paving same and installing concrete curbs with the materials and in the manners and methods stated in the said resolution, and gave the me- thod by which it was proposed that payment be made therefor, and directing the City Engineer to have plans, profiles, specifications, and estimates of the proposed improvement prepared; and, WHEREAS, the said City Engineer has pre:)ared such plans, pro- files, specifications, and estimates and has filed dame with the Board of Ald- ermen, and the same have been examined and inspected and corrected where nec- essary; I. That the said plans, profiles, specifications, and estimates, be and they are hereby adopted and approved as those under, by and in accord- ance with which the said improvements shall be made end constructed. II. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improvements, in the manner and for the length of time and in the form required and provided for by the City Charter and laws in force and effect at this time, and by the ordinances and proceedings of,Ihis Board and such bids will be received until and shall be opened on the 2,5- day of 1923, atrf(PM o'clock and all bids shall be made in the form and in t manner and accompanied by certified check and by the guarantee provided and required by the said specifications. III. This resolution stall take effect from and after its passage. Passed and approved, this llth day of June A. D. 1923. ######4################## Moved by Alderman Stayton that Ordinance No.448 be received and published for hearing on July 9th 1923. Motion seconded by Alderman Shepherd and carried. #######4####wiffl#14ffffe#ff ORDINANCE NO.446 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF NINTH STREET IN THE CITY OF WICHITA FALLS TEXAS FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF PROVIDING FOR THE COLLECT- ION OF SUCH ASSESSMENTS AND OR THE ISSUANCE OF ASSIGNABLE CERTIFICATES ,LND DE- CLARING AN EMERGENCY. Moved by Alderman Shepherd that Ordinance 446, be passed on its third and final reading. Motion seconded by Alderman Stayton and carried by the following vote: Yeas: Shepherd, Clifford, Stayton, Patton, Young. Hayes: None. \1 -)\ Moved, by Alderman Shepherd that the City Clerk be instructed to advertise for bids for re-paving one block and intersection on Indiana Ave- nue, between Tenth and Sixth °-treets. Said bids to be opened on June 25,1923. Lotion seconded by Alderman Stayton and carried. Moved by Alderman Clifford that the meeting be adjourned until 2 P. M., Saturday, June 16th 1923. Motion seconded by Alderman Shepherd and carried. The Board of Aldermen then adjonrned.until 2 P. M. June 16, 1923. Read and approved this /A-- day offrA.4..g, 1923. Cs-a41.7747-(--ke/1 Mayor ATTEST:- City Clerk