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Min 06/04/1923 Wichita Falls, Texas, June 4th 1923. Basement Morgan Bldg., 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 B. A. Stayton Mal J. T. Young N. M. Clifford Y A l d e r m e n J. H. Patton W. E. McBroom, City Clerk. The minutes of the previous meetings were read and approved. ######################## a v-e rn Bids for paving Polk Street from tYee+k to Avenue H, were opened and considered. Roved by Alderman Stayton that the proposals for paving Polk Street from Avenue D, to Avenue G, be held over until June 11, 1923 in order to give the property owners on this street an opportunity to express their wishes as to the type of pavement they preferred. ######################## ORDINANCE # 446 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF NINTH STR"ET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Clifford that Ordinance No.446 be passed on its second reading. Motion seconded by alderman Young and carried by the following vote:- Yeas: Stayton, Clifford, Young, Patton. Hayes: None. ######################## ORDINANCE # 443 AN ORDINANCE GIVING AND GRANTING TO THE WICHITA FALLS TRACTION COMPANY, ITS SUCCESSORS, ASSIGNS, AND LESSEES, THE RIGHT TO EXTEND, CONSTRUCT AND OPERATE A STANDARD-GUAGE CAR LINE OR LINES ON, OVER, ACROSS AND UPON THE FOLLOW- ING DESCRIBED AND NAMED STREETS IN THE CITY OF WICHITA FALLS,TEXAS, TO-WIT: BEGINNING AT A POINT WHERE NORTH GRAND INTERSECTS WITH NORTH TENTH STREET, THENCE IN AN EASTERLY DIRECTION ALONG TENTH STREET, CROSSING BROOK STREET, THENCE TO THE FORT WORTH AND DENVER CITY RAILWAY COMPANY'S RIGHT OP WAY. PROVIDING THAT SAID TRACKS SHALL BE LAID IN CONFORMITY WITH THE FRANCHISE HERETOFORE GRANTED TO J. A. KELLP AND FRANK KELL ON THE 27TH DAY OF JANUARY, 1909, AND ALL THE AMENDMENTS THERETO, AND THE PROVISIONS AND CONDITIONS OF SAID FRANCHISE AND AMENDMENTS THERETO ARE EXPRESSLY MADE APPLICABLE TO THIS ORDINANCE, EXCEPT HOWEVER, AS OTHERWISE PROVIDED IN THIS ORDINANCE. Moved by Alderman Stayton that Ordinance No.443, be passed on its third and final reading. Motion seconded by Alderman Young and carried, by the following vote: Yeas* Stayton, Clifford, Young, Patton. Hayes: None. ########################## 1 Moved by Alderman Young that the contract for painting the interior of City Hall, be awarded to Jim Rodgers for a consideration of $325.00. Motion seconded by Alderman Patton and carried. ######################### Moved by Alderman Clifford that the bill of costs in the case of Robt Farmer, Vs The City of Wichita Falls, be allowed out of the Water Fund. Motion seconded by Alderman Young and carried. ######################### Moved by Alderman Stayton that the following Resolution be adopted. Motion seconded by Alderman Young and carried by the follow- ing vote:- Yeas: Stayton, Patton, Clifford, Young. Nayes: None. RESOLUTION RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTIO- OF POLK STREET, AND 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 North nurb line of Avenue G, to its intersection with the North Curb Line of Avenue .14, by installing concrete curbs and gutters, and paving same with concrete pave- ment and by raising grading and filling same, together with necessary appurte- nances, and thereafter plans and specifications were duly adopted and approved for suer improvement, bids were advertised for, and received, and on the 441- day ofpm1/1923, such bids were opened, and WHEREAS, the bids received have been fully canvassed and con- sidered and the City Council after fully considering seine 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 4th day of June 1923. ############################## Moved by Alderman Stayton that the following resolution be adopted. Motion seconded by Alderman Young and carried by the follow- ing vote: Yeas: Stayton, Clifford, Patton, Young. Nayes : None. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO lAI AND FILE ',:!ITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF POLK STREET FROM NORTH CURB LINE OF AVENUE G TO NORTH CURB LINE OF AVENUE H. BE IT RESOLVED BY THE BOARD OF ALDERLEN 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 Polk Street from North Curb line of Avenue G to North Curb line of Avenue A, by raising, grading and fill- ing same and installing concrete curb and pavement with foundation, 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 Concrete Pavement as shown in the specifications adoptdd 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 therbby, and the owners thereof, the rate per lineal foot pro- posed 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 excavat- ion 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 shell in all respects comply with the resolutions,and other proceedings of this Board with reference to the proposed improvement of said portion of Polk Street. II. This resolution shall take effect from and after its passage. ############################ The City Engineer Submitted the following report. 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 improv- ing Polk Street from North curb line of Avenue G. to North curb line of Avenue H, 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 $793.32. The estimated amount payable by the owners of property will be 55,721.28. The estimated cost to property owners per lineal foot of curb is $0.50. The estimated amount to be assessed for excavation for pavement per front foot is nothing. The estimated cost to be assessed against property owners for pavement is 16.65161 per front foot: The estimated cost to be assessed against property owners for pavement, exclusive of curb is w 6.65161 per front foot: The estimated damages are nothing in any case. This estimate and report is based upon one course reinforced concrete pavement and concrete curbs, all in accordance with specifications therefor heretofore filed with this Honorable Body. Respectfully submitted, Signed: F. M. Rugeley, City Engineer. ############################### Moved by Alderman Stayton that the following resolution be adopted. Motion seconded by Alderman Young and carried by the follow- ing vote:- Yeas: Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG- INEER AS TO COST AND A SESSi; NT FOR THE IMPROVEMENT OF POLK STREET FROM THE NORTH CURB LINE OF AVENUE G TO THE NORTH CURB LINE OF AVENUE H, FIXING A TEO AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECT- ING 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 the North Curb line of Avenue G to the North curb line of Avenue H, 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 por- tion of said street, and not exceeding ninety per cent of the remaining cost of such improvement, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners there- of, 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: That said report of the City Engineer filed on the Al, day of Q' .va / 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 '7 32 M o'clock on the 2- day of 1923, and at which hearing and at said time and place the owners of sa4Mhjrty, 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 proceed- ings 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 improve- ment, 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, con- tract, 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 par- cel of property ..nd 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 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 or 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. '(L 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 part- ies shall after the expiration of twenty (20) days from the levying of such as- sessment, 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 ovmers df 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 OWNERS OF PROPERTY ABUTTING ON POLK STREET FROM THE NORTH CURB LINE OF AVENUE G TO THE NORTH CURB LINE OF AVENUE H, and to ALL OTH- ERS INTERESTED". Notice is hereby given of the intention of the City to proceed with the improvement of Polk Street from the North Curb line of Avenue G to the North Curb line of Avenue H, by raising, grading, and filling same are install- ing concrete curb and paving with concrete pavement, and all lots and land be- nefited by means of the said improvement, and such assessments, when levied, EMI 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 2day of Q?ti A. D. 1923, in the Council Chamber in the Morgan Building in t e City f W chita Falls, at 79 P M. o'clock, all such owners and their agents will be fully heard by theBoard of Aldermen, and any protests, objections, or claims will be fully and fairly heard. The bene- fits 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 an assessment therefor will be levied. Plana 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 $6,514.61 The estimated amount to be assessed against property owners is $y5,721.28. 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 $6.65161 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 con- nected 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 with the resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the 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 hear- ing, and the City Clerk shall cause to be mailed to each owner whose name app- ears 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 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 4th day of June 1923. 4############################### • Moved by Alderman Clifford that the City Attorney and Comm- issioner of Public Utilities be authorized to attend the called meeting of the League of Texas Municipalities to discuss the gas situation with expenses paid. by the City. Motion seconded by Alderman Young and carried. ###################### Moved by Alderman Clifford that the Board go into executive session. Motion seconded by Alderman Stayton and carried. The Board then went into executive session to consider those matters that may be considered in executive session. The Board then went out of executive session. ###################### Moved by Alderman Young that the Fire Department be author- ized to purchase 3,000 feet of fabric fire hose for consideration of a.30 per foot. Motion seconded by Alderman Clifford and carried. ##################### The Board of Aldermen then adjourned. Read and approved this //„4' day of 1923. dor-c-c,c, 1 yor TTEST:- City Clerk •