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Min 05/28/1923 Wichita Falls, Texas. Basement of Morgan Building, May 28th 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 f B. A. Stayton 1 H. M. Clifford Aldermen J. H. Patton J. T. Young W. E. McBroom, City Clerk E. M. Mann, City Attorney. The minutes of the previous meetings were read and approved. ########################## The hearing to property owners with reference to the proposed pavement on Ninth Street from the Center of Baylor Street to the West -roperty Line of Brook Btroet, was called and after hearing all protests the following motion was put in order. 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 CLOSING HEARING WITH REFERENCE TO IMPROVEMENTS AND ASSESSMENTS THEREFOR ON A PORTION OF NINTH STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, By resolution passed and adopted on the ( day of IAA. 1923, it was rdered that Ninth Street from the Center o Baylor Stre t to the West Property Line of Brook Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the L. E. Whitham & Company for the making and construction of such improvements; and t ereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners thereof, as far as known, and showing the amounts to be assessed against each parcel, and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting property and to all others interest- ed and a time and rlace was fixed therefor; and at said time and place, to-wit, v the 2M day of WARA '923, at 7:30 o'clock, P. M., in the Council Chamber in the Morgan Building'in the City of Wichita Falls, Texas, said hearing was duly had and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at said hearing, the following protests were made,to- wit: Mrs. Annie Warmth And all parties desiring themselves to be heard their agents, representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and having heard and considered all protests and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over-ruled, and that said hearing should be closed; and all errors and other matters requiring corrections or 'rectification having been corrected and rectified: THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and objections,whather herein enumerated or not, be, and the same are hereby overruled. \1.1)A II. The Board of Aldermen from the evidence finds that in each and every ease the property abutting upon the said improvements will be en- hanced in value by means of such improvements, in a sum in excess of the am- ount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improvements made and applied and shown on the Engineer's roll or statement is substantially in proportion to the benefits received by means of the improvements, and that such apportionment is just and equitable, and results in substantial justice and equality between the various parcels of property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be, and it is hereby closed, and it is ordered that each parcel of property abutting upon the said improvements and the owners of such property be assessed in the sums th own on the said roll or statement opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns proceeding such column; and it is directed that ordinance levying such assessments in accordance with the terms and provisions of the proceedings of the City with reference to said im- provements and in accordance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums assessed against the respective parcels of property do not exceed the amount or pro- portion authorized by charter and provided by the proceedings of the City; and further finds all other matters and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. Passed and approved this the f$ day of 3IGw� 1923. ######################## U ORDINANCE # 446 AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF NINTH STREET FROM THE CENTER OF BAYLOR STREET TO THE WEST PROPERTY LINE OF BROOK STREET DESIGNATING MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS, LEVYING ASSESSMENT THEREFOR, AND FIXING THE TERMS AND TIMES OF PAYMENTS, AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Shepherd that Ordinance 446 be passed on ite first reading. Motion seconded by Alderman Patton and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. ##################### Moved by Alderman Shepherd that the City Attorney be instruct- ed to prepare a contract for the co strut ion of a sewer line and water line to an addition W 4.,,4 w a-t 4,W.I3.. 27- Lei 1 µ'- Motion seconded by Alderman Stayton and carried. ####################### Judge A. H. Britian representing the Chamber of Commeroe app- eared before the Council in the interest of the proposed extension of the Kemp Public Library service to the entire county. After reading the proposed contract the following motion was put in order. Moved by Alderman Shepherd that the Mayor be authorized to execute the following contract for and on behalf of the City of Wichita Falls. Motion seconded by Alderman Stayton and carried by the follow- ing vote: �� Yeas: Shepherd, Stayton, Patton, Clifford, Young. Nayes: None. CONTRACT STATE OF TEXAS I WICHITA COUNTY I This contract made and entered into on this day of 'Jay A. D. 1923, by and between the City of Wichita Falls, Texas, by Frank Collier, Mayor, thereunto duly authorized by resolution of the Board Of Aldermen of said City, duly enacted and adopted, party .of the first part, hereinafter re- ferred to as "The City," and the County of Wichita in said State, by B. D. Sartin, its County Judge, thereunto duly authorized by resolution of the Comm- issioners' Court of Wichita County, Texas, party of the second part, herein- after referred to as "The County", WITNESSETH: WHEREAS, the City has heretofore established and is maintain- ing a free public library to all of the inhabitants of said City, known as "Kemp Public Library", consisting of a library building, furniture, equipment a large number of books, pamphlets, photographs, art objects and the like,sit- uated in the City of Wichita Falls, Texas, and WHEREAS, the County desires to make and enter into a contract with the said City under the provisions of Article 1498-'/2 R,©ernon's Texas Civil Statutes, and to make available to all of the people of the County the free use of such library, books and the like, and WHEREAS, a petition of a majority of the voters of said County has been duly filed with the Commissioners' Court of Wichita County, Texas, as provided by the aforesaid Article, and said County is authorized to so make and enter into this contract: NOW, THEREFORE; It is agreed by and between the parties here- to as follows: 1. That upon the terms, for the considerations, and subject to the conditions hereinafter mentioned, it is agreed that the said Kemp Public Library, as the same is now established and existing, shall assume the functions of a county free library within the County of Wichita and all port- ions thereof; and the said City does here now give the free use of the said Kemp Public Library to every inhabitant of 'Wichita County, with the privilege of taking books away from said library under the rules and regulations of the said Kemp Public Library and the directors thereof. Said city farther agrees to establish immediately three library deposit stations in the aforesaid Coun- ty, and at the following places, to-wit: One at Burkburnett; one at Iowa Park, and one at Electra, where a collection of books in such numbers as may be de- termined by the Library Board hereinafter mentioned will be deposited and ch- anged at such intervals as may be determined by said Board, and so that the people of said cities and the outlying precincts surrounding them may have access to the best books. Additional library deposit stations may be estab- lished as hereinafter set out. Special books on any subject will be sent to any station for the use of patrons on request in accordance with the rules and regulations which may be hereafter adopted by said library board. Books will also be sent to any of the inhabitants of said county living outside of the aforesaid cities, likewise in accordance with the rules and regulations which may be hereafter adopted by said board. Said library deposit stations shall be open in charge of a library assistant at least one afternoon of each week, the hours of opening to be determined by said Board after consulation with the people of the particular station to be served. It is further expressly provided, however, that no library deposit station or branch library shall be established in the above named communities or any other community hereafter unless the city or community to be served shall as a condition precedent to the establishment of said station, and at its own expense provide suitable building or quarters therefor together with the necessary furniture and fix- tures, and said community also to pay the necessary rentals thereon during the time said stations shall so be maintained for that purpose. 2. It is further agreed that the librarian of said Kemp Public Library shall hold or secure a county Librarian's certificate from the State Board of Library Examiners as provided by law. 3. The County shall pay annually to said city, to be deposited in its library fund for the purpose of operating and maintaining said Kemp Pub- lic Library, and for the purpose of acquiring new books, pamphlets, art objects and the like, the minimum sum of Twenty Thousand Dollars, and as much more as is reasonable necessary to operate and maintain said library in a satIefactory and efficient manner, but in no event to exceed the amount of taxes realized from the tax levy as hereinafter set out. 4. It is understood that this contract shall commence on the first day of September, 1923, and shall continue for the period of ten years thereafter, unless the same shall be terminated earlier under the provisions hereof. The county shall make its ;ax levy for the year 1923 to re- alize at least the minimum abofe mentioned, and each month as the same is col- lected the Rill amount thereof shall be paid to said city, and annually here- after said county shall likewise make its said tax levy, and likewise as the same is collected pay over said sum to said city for the purposes aforesaid. Said sum shall be paid out of the county library fund provided for in Article 1498 '/2 J of Vernon's Texas Civil Statutes. The levy and collection of the aforesaid taxes shall be made each year during the life of this contract, and so far as the same can reason- able be done, so that the fund will be available with which to efficiently op- erate said library. 5. Either party to this contract shall have the right to ter- minate the same at the end of any one year, to-wit: on the 31st day of August of said year, by giving in writing six months' notice of its intention so to do, and so that the other party to said contract shall have an opportunity to provide for its tax levy of make such other provisions as may be reasonably proper or necessagy in the premises. 6. It is further agreed that the said City shall for the pur- poses of this contract join said county in the establishment of a county free library, subject to all of the terms hereof, and it is agreed that a tax levy shall be made upon all of the taxable property of said county of every charact- er and description whatsoever, taxable under the laws of said State, but in no event to exceed five cents on the one hundred dollars valuation of all such property in said county, and to be as much less as shall be sufficient to raise the aforesaid suds to be paid by the county to the city annually for the main- tenance thereof. 7. It is further distinctly understood that the city retains the full and complete ownership and control of said Kemp Public Library, in- cluding building, equipment, books and all other personal property of every character and description now owned by it. At the expiration of this term it is understood that all of the books, pamphlets, photographs, art objects and other property which shall be at any time purchased an9 acquired from the funds aforesaid shall be divi- ded by said county and city in the following manner, to-wit' the city shall have such a proportion of all such books and the like as the amount of taxes paid by the inhabitants of the City of Wichita Falls shall bear to the total amount of all taxes paid by the County �400r the aforesaid purpose, and by the County paid to the city as above set ouAf the same to be partitioned in kind and upon the aforesaid basis. If for any reason the county and city are un- able to so make said partition by agreement, then each shall select one rep- resentatige and these two a third, who shall make a full and fair partition of said property on that basis. It is further distinctly understood that each of the comm- unities furnishing books, pamphlets, art objects or the like to its own branch library or station upon the termination of this contract shall retain the ownership and control thereof. 8. It is further understood that the present Board of Direct- ors of the Kemp Public Library, and their successors as they are now elected, or as they may be hereafter elected, shall continue as directors of said lib- rary, but there shall be added to said board one member from each of the tonne of Burkburnett, Electra, and Iowa Park, said new members to be nominated by the Chamber of Commerce respectively of such city, and that said board as the same now or as it may hereafter exist shall have the right to elect such mem- bers so nominated as a member of said board, and that said board as above con- stituted shall have and continue the control and management of the aforesaid public library during the term hereof, and said board shall at all tt�imes carry out the true spirit and intention of this contract so that the inhabitants of the entire county shall receive the benefits thereof as herein provided. It is further understood that the amount to be paid by the county to the city as aforesaid shall be utilized in the operation and main- tenance of said library, and said city shall not be required to levy or coll- ect any additional taxes for the purpose but in lieu thereof the county shall assess and collect a tax as a county tax as above provided. 9. Upon request of the commissioners' court of said county the city will establish other and additional library deposit stations so far as the city is able to do with the funds available for that purpose and with due regard to the best interests of all other library stations therefore established in said County. Witness the signatures of the respective parties hereto,this the day of May, A. D. 1923. CITY OF WICHITA FALLS;TEXAS, Signed:By tank Collier, Uayor Par;y of First Part. WICHITA COUNTY, TEXAS. Signed: By- B. D. Sartin,County Judge Party of the second part. r` • The public hearing advertised for this date with reference to petition of John O'Neil for the closing of a portion of Garfield street was called and no protests were fyiled�.( ll 1+ ll�y ##########e##### ### Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Shepherd and carried by the foll- owing vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION BE it resolved by the Board of Aldermen of the City of Wichita Falls, Texas. That, all proceedings heretofore passed with reference to the paving of Pearl Street from the east property line of Brook Street to the East Property Line of Clark Street; be and are hereby declared cancelled, vacated, and held for naught. ##################### Moved by Alderman Shepherd 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 DECLARING THE NECESSITY OF IMPROVING PEARL STREET PROM THE EAST PHOPERTY LINE OF BROOK STREET TO THE EAST CURB LINE OF GRACE STREET STATING THE NATURE OF SUCH IMPROVEMEIITS 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 PROPOSED IMPROVEMENTS PREPARED: BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Pearl Street from the East property line of Brook Street to the East Curb Line of Grace Street be improved by raising grading, filling and paving the same, and installing concrete,curbs and guttdrs, and that same be improved with the following methods and materials, to-wit: (a) Brick Pavement (b) Warrenite Bitulithic 0c0 Concrete II. The City Engineer is hereby directed to have plans, profiles, specifications and estimatLs embracing the foregoing materials and plans of improvement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner to-wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not ex- ceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or before thirty (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due ons or befoee one year (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance, The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (6%) per cent per annum, payable annually, but such prop- erty, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and 1 holder of the certif cats of special assessment issued in evidence thereof, 1 mature the entire amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims end charges and demands of whatsoever kind, excepting only State, County and Muni- cipal taxes. No assessment shall be levied against any lot or parcel of land or the owner thereof, in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property,and the owners thereof, shall be issued to the contractor or party performing and executing the work of such improvement and containing recitals lawful and pro- perly applicable thereto, and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance le'gy- 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 day of 1923. ####################### The City Engineer then submitted the following: Wichita Falls, Texas, May 28th 1923. • TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Pearl Street from the East Property Line of Brook Street to the East Curb line of Grace Street, I have prepared and hand you herewith plans, profiles, specifications and estimates of the pro- posed improvements, the same embraces the different materials, plans and meth- ods of improvement set forth and specified in the said resolution. Signed: F. M. Rugeley, City Engineer. ######################e###### Moved by Alderman Shepherd that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING AND ADOPTING PLANS, PRbFILES, SPECIFICA- TIONS, AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF PEARL STREET FROM ITS IN- TERSECTION WITH THE EAST PROPERTY LINE OF BROOK STREET TO ITS INTERSECTION WITH THE EAST CURB LINE OF GRACE 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 y---day of Wavv1923, the Board of Aldermen of the City of Wichite Falls, declared the neces03ity of improving Pearl Street from its intersection with the East Property Line of Brook Street to its intersection with the East Curb Line of Grace 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, speci- fications and estimates of the proposed improvement, prepared; and, WHEREAS, the said City Engineer has prepared such plans, pro- files, specifications and estimates and has filed the same with the Board of Aldermen, and the same have been inspected and examined and corrected, Where necessary; 1. That the said plans, profiles and specifications and estimates, be and they are hereby adopted and, approved as those under, by, and in accord- ance with whioh said improvements shall be made and constructed. 2. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improvements, in the manner and for the length of time and in the form required and provided by the City Charter and laws in force and in effect at this time, and by the ordinances and proceedings of this Board and such bids will 'ho received until and shall be opened on the 11 .--day of kA,02/ 1923 at o'clock (p, m and all bids shall be made in the mann 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 _day of 1923. ########################### ORDINANCE NO.443 AN ORDINANCE GIVING AND GRANTING TO THE '.7ICHITA 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 FOLLOWING DESCRIBED AND NAMED STREETS IN THE CITY OF jICHITA FALLS, TEXAS, TO- WIT: BEGINNING AT A POINT iHERE NORTH GRAND INTERSECTS WITH NORTH TENTH STREET, THENCE IN AN EASTERLY DIRECTION ALONG TENTH STREET, CROSSING BROOK STREET, THENCE TO THE FORT NORTH AND DENVER CITY RAILWAY COMPANY'S RIGHT OF WAY. PROVIDING THAT SAID TRACKS SHALL BE LAID IN CONFORMITY 'ITH THE FRANCHISE HERETOFORE GRANTED TO J. A. KEIT AND FRANK KELL ON THE 27TH DAY OF JANUARY, 1909, AND ALL THE AMENDLTMTS THERETO, AND THE PROVISIONS AND COND- ITIONS OF SAID FRANCHISE AND A1MTTMENTS THERETO ARE EXPRESSLY HADE APPLICABLE TO THIS ORDINANCE, EXCEPT HOWEVER, AS OTHERWISE PROVIDED IN THIS ORDINANCE. Moved by Alderman Clifford that Ordinance No.443 be passed on its second reading. Motion seconded by Alderman Young and carried by the following vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. • ##################### ORDINANCE # 445 AN ORDINANCE PROVIDING FOR RULES, REGULATIONS AND RATES AND FCE THE OPERATION AND MANAGEMENT OF THE WATER DEPARTMENT OF THE CITY OF WICHITA FALLS TEXAS, AND PROVIDING A PENALTY. Moved by Alderman Clifford that Ordinance 445, be passed on its second reading. Motion seconded by Alderman Shepherd and carried by the foll- owing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young. Hayes: None. ######################## Moved by Alderman Shepherd that all bide received for the construction of pavement on Bluff Street from the East Property Line of Ninth Street to the West Property line of Eleventh Street be rejected and the City Clerk be author zed and instructed to advertise for bids for this work to be opened on June 11, 1923 in accordance with resolutions heretofore passed. Motion seconded by Alderman Stayton and carried. ##################### Moved by Alderman Shepherd that the meeting be adjourned until 4 P. M. May 31st, 1923. Motion seconded by Alderman Clifford and carried. The Board of Aldermen then adjourned until 4 P. M. May 31,1923. Mayor ATTEST:- at> City Cl