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Min 05/14/1923 ( • • Wichita Palls, Texas, Horgan Building, E'ay 14th 1923. The Board of -ldermen of the City of '.:ichita Falls, met in regular seseion on the above date with the following present:- Frank Collier, Hayor R. E. Shepherd I B. A. Stayton f J. T. Young 1 Aldermen IT. U. Clifford J. H. Patton 1 W. E. UcBroom, City Clerk E. L. Kann, City Attorney. The minutes of the previous meeting were read and approved. The matter of telephones in the Sibley Taylor Addition was taken up and C. C. Kirby manarer of the Southwestern Bell ielephone Co., in chita Falls, was asked to explb.in why adequate service was not rendered this addition. Er. ,•-irby's reason was that they did not have a sufficient number of applications for service inthis locality to pay a reasonable income on the 'nvestnent in equipment necessary to make this extension, however if they could secure fifty subscribers in this vicinity that service would be ex- tended. The Board then requested Pr. Kirby to prepare a detailed report, and present it within two weeks from this date. xritTirywrirdwdwiwkwdxwirbir Moved by Alderman Shepherd that the interest, penalties and costs on delinquent taxes for the year 1894, on Lot 4, Block 163, Original Townsite, be remitted. Notion seconded by Alderman Stayton and carried. Bids for the construction of pavement in 13th Street and Huff Avenue were opened and referred to the City Engineer for tabulation. fter discussion it was decided to defer action on the proposals for Eituithic and Concrete - until the property owners effected had been given a hearing as to the type of pavement they preferred. 5/14/23 To the Payer and Board of Alder:,)en, City of :;ichita Falls, Texas. Centlemenl- This is to certify that the Pest Texan Construction Company has constructed and completed the pavement on Burnett Stteet from the S. P. I. of llth Street to the S. P. L. of 13th Street in accordance with the plans and specifications. I, therefore, recommend that the above mentioned pavement be accepted by your Honotable Boatd of Aldermen. Yours truly, Sined: F. H. Thgeley, Citp EnFineer. YrY7i-rtirwirmthliAra-Txxxiihrum • aaa Moved by Alderman Clifford that the following resolution be adopted. i!otion seconded by Alderman Stayton and carried by the foll- muing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Hayes: None. RESOLUTION RESOLUTION ACCEPTING THE ILTROI= NTS ON BURNETT STREET FROG ITS INT-RSECTION UITH THE SOUTH 7)ROPERTY LINE OF ELEVENTH STREET- TO ITS INTER- SECTION AITH THE SOUTH PROPERTY LINE OF THIRTEENTH STREET AND DIRECTING THE GAYOR aHD CITY CLERIC TO ISSUE CERTIFICATES OF SPECIAL .ASSESSIIENT LEVIED AGAINST THE VARIOUS LOTS OR TRaCTS OF LAND AND THE (n:NERS TH=OF ABUTTING UPON SAID PORTION Cin SAID STREET. BE IT RESOLVED BY THE HOARD OF ALDELEEN OF THE CITY OF ":ICHITA • FALLS: aNE:EAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered that Burnett Street, from its intersection with the South Property Line of Eleventh Street to its intersection with the Sluth Prop- erty Line of Thirteenth Street, be improved by raising, grading and filling the same and installing concrete curbs and gutters and paving same, and after clue notice and hearing special assessments were levied against the various lots and tracts of land and the owners thereof abutting upon the said portion of said street, and contract for the waking and construction of the said improvements was entered into with the West Texas Construction Company; and, ViHEREAS, the said 'jest Texas Construction Company has fully performed its said contract and the said improvements have been mare and con- structed in accordance with the said contract and the specifications therefor, and to the entire satisfaction of this Board. I. That the said improvements on said portion of said street be and the same are hereby accepted and the said West Texas Construction Company, and the sureties on its construction bond, are hereby released of any further obligation for or on account of the contract or bond for the making and const- ructing of the said improvements. II. That this resolution does not and shall not in anywise effect the bond, of the said company for the maintainance of the said improvements, but such maintenance bond shall and does remain in full force and effect. III. That the :::ayor and City Clerk be and they are hereby authorized insturcted, and directed to issue to the nest Texas Construction Company cer- tificates of special assessment in evidence of the various assessments levied against the respective lots or parcels of land, abutting upon the said portion of said street, and the owners thereof, and against which special assessment have been leved, reciting the description of such pronerty, the amount of the ass- essments against same, the owner thereof, the terms of payment thereof, the rate of interest, the date of completion and acceptance of the said improvements, the lien of the said assessment and the personal obligation and liability of the owner of the property, and reciting that all .:1roceedings with reference to mak- ing such improvements have been regularly had in compliance with the law, the Charter of said City, and the terms of the certificate, and that all prequisities to the fixing of a lien and claim of personal liability evidenced by the cer- tificates have been performed, and containing other appropriate and pertinent recitals, and in accordance with the contract with the said cibmpany and the law in force in this city, and the proceedings of this Board. rv. This resolution shall take effect from and after its passage. sassed and approved this 14th day of Eay 1923. • "10' • a.a• 'loved 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, Young, Patton. rayes: Done. . RESOLUTION RESOLUTION DECI;LRIITC- TEE IFECESCTTY OF ILDROVING BLUFF STREET FRO TEE .0(o,tAPHOPERTY LINE 02 EINTH ST 70 17,HEfif-th 2ROPERTY LIKE OF ELEVErTH STREET, STATING THE :a.PURE OF SUCH I=OVE=ET aDID THE METHOD BYTHICE IT IS FRO- POSED TEaT PAYMEET BE MAT:E THEREFOR, A772, DIEECTIIM:- THE CITY 712I1'EEE QO TD Plii,NS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED II•L'ROV-E.MENTS PRE- P/12:ED. BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERT= OF TEE CITY OF WICHITA FALLS: THAT It is necessary that Bluff Street from the,44466 Property Line of Ninth Street to the ryorth Property Line of Eleventh Street be improved by raising, grading, filling and raving the same, and installing concrete curbs and gutters, and that same be improved with one of the following methods and materials, to-wit: (a) '.:arrenite-Pitulithic Pavement. (b) One Course Concrete 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 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 mann- er 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 en- ceeding ninety per cent of the remaining cost of such improvements, and the City of 7ichita Falls shall Pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in five equal installments, the first of which shall be due on or before thirty (30) days after the completion and acceptance by the City of. such improvements and the second shall be due on or before one (1) year after such completion -and accootance, and the third on or before two (2) years after said completion and, acceptance and the fourth on or before three (3) years after said comaletion and acceptance, and the fifth on mr before four (4) years after such completion and acceptance. The entire amount of the sums shall bear int- rerest from the date of such completion and acceptance and until paid at the rate of 8:.• per anngm, payable annually, but such property and the owners tbere- of, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installments upon the maturity thereof shall at the option of the owner and holder of the certificate of spe- cial assessment issued in evidence thereof mature the entire amount then unpaid and the sums payable by the respective lots or parcels of property abutting up- on the said improvement, and benefited thereby, shall be assessed against such lots or parcels and aaainst the owners thereof, and shall be a personal liabil- ity of such owner and a first and prior lien aadcharge aaainst such property superior to all other liens, claims and charges and demands of whatsoever kind, excepting odly State, County add Municipal taxes. Do assessment shall be levied against any lot or parcel of land, or the mmer 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 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- t 5 e:(ecuting the work of such improvement and cnntaining recitals lawful and pro- h perly applicable thereto and the said improvements shall be executed, and the said matters filed, said, notice and hearing ordered given and ordinance levying • • • the assessmilnt, 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 in effect in this city, and the -.:m.oceedings, ordinances and rev- , lutions of the Board of Aldermen. V. This resolution shall take effect from and after its•passage. • • LETTER OF ENGINEER SUBRITTIRG PLANS PROFILES SPECIFICATIONS AND ESTIRATES. 5/14/23 To the Rayor and Board V' Aldermen, City of :ichita Falls, exas. In compliance with the resolution of the Board of Aldermen with reference tothe iturovements. of Bluff Street from &Wit Property Line of Binth Street to theiVerhi Property Line of Eleventh Street, I have prepared and hand you herewith plans, profiles, specifications and estimates of the proposed improvements, the sane embraces the different materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. M. Rugeley, City Engineer. Roved by Alderman Clifford that the following resolution be adopted. Notion seconded by Alderman Shepherd and carried by the foll- owing vote: Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. R E S O IUTIO RESOLUTION ArP7,oviro AND ADOPTIrG PLANS PROFILES,WECIFICATIONS SAID ESTIRATES OF THE 2B020SED IL.PROVEIXTT OF BLUFF STREET FROM THE PROPERTY LINE 02 RIRTH STREET TO THE NRTYPHOBERTY LINE 02 ELEV=H STMEET IT THE CITY, OF MICRITA FALLS TEXAS AND DIRECTING THE CITY CLEAN TO ADVERTISE FOR C0117ETPTIVE LIDS FOR THE :SATING AND CONSTPUCTION OF SUCH IRPROVPIPMS. • BE IT RESOLVED BY THE BOARD OF :d.Dzir.211 OF THE CITY OF WICHITA FALLS: THAT =PEAS, by resolution passed on the 14th day of Nay A. D.1923 the Board of Aldermen of the City of ii.chita Falls, declared the necessit4 of improving Bluff Street from the Mt Property Line of ninth Street to the'Narth Property Line of Eleventh Street by raising, grading and filling same, and pav- ing 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 rarnient be made therefor, and directing the City Eng- ineer to have plans, profiles, Tecifications and estimates of the proposed im- provements prepared, and :iHEREAS, the s:,id City En7lneer 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: I. That the said plans, profiles and specifications and estimates be and they are hereby adopted and approved as those under, by, and in accord- ance with which the said improvements shall be made and constructed. II. That the City Clerk be and he is hereby directed to advertise for competitive bids for the makinj and constructing of the said. improvements, in the manner and for the length of time and in the form reeuired and proved by the City Charter and laws in force and in effect at this time and by the ordi- nances and proceedings of this Eoard and such bids will be received until and shall bc opened on the 28th day of : HE 1923, at 7:50 o'clock P. R. and all bids shall be made in the form and in the manner, accomanied by certified check and by the guarantee provided and required by the said specifications. III. This resolution shall take effect from and after its passage. Passed and approved this k 14th day of iiay 1923. "loved by Alderman Clifford that the Board go into executive session. Eotion seconded by Alderman Shepherd and carried. • The Board of Aldermen then went into executive session to con- eider those matters that nay be considered in executive session. The Board then went out of executive session. Roved by Alderman Shepherd that the bill of C. C. Williard for 132.50 covering repairs.to the incinerator be allowed. Liotion seconded by Alderman Patton and carried. Roved by Alderman Shepherd that the following resolution be adopted. 'lotion seconded by Alderman Stayton and carried by the follow- ing vote: Yeas: Shepherd, Stayton, Clifford, Young, Patton. Nayes: None. RESOLUTION TEAT whereas, the delinquent tax rolls and records prepared and presented, to said Board of Aldermen by H. J. Anderson, Tax Assessor and. Collector of the City of Wichita Falls, having been carefully examined and found, correct. THERE.TORE BE IT RESOLVED by the Board of Aldermen of said City that said delinquent tax rolls and records be and the ssme are hereby in all things approved and declared to be true and corredt. Mii#######Miffil4g### Roved by Alderman Patton that penalties, interest and costs on delinquent taxes for the year 1907 and prior thereto be remitted where subse- quent taxes have been paid and, there is any question as to the payment of the said tax for the year 1907 and prior thereto. Motion seconded by Alderman Stayton and carried. 444 AN OLDIEANCE SECTIONS 3 (a) AND 3 (f) OF AN ORDINAUCE i 349 ENTITLED, "ORD'ERUCE REGULATING THE CONSTRUCTION ATD ::,.-dra,EnrcE OF SIGNS OVER TEE STREETS, SIDE:IALES AEI ALLEYS OF THE CITY OF WICHITA FALLS, TEXAS,END PROVIDING FOR A 2E1TALTY", EASED THE 27TH DAY OF JUNE 1921, AND ALENDED THE 11TH DAY OF SEPTE:aiIIR 1922. Loved by Alderman Shepherd that Ordinance No.444, be passed on its third and final reading and be adopted as read. Eotion seconded by Alderman Young and carried by the following vote:- Yeas: Shepherd, Stayton, Clif7.7ord, Patton,Young Nayes: None. Roved by Alderman Patton that the City Attorney be instructed to draft an easement for a sewer line across the corner of J. W. Eixes property in Lot 12, Section 4, of the J. A. Scott survey. Said easement to be granted in consideration of the City taxes for the years /q)0.4k4/12) being refflitted. Notion seconded by Alderman Stayton and carried. rj\ • [ Lioved by 2aderan Shepherd that the following resolution be adopted. ::otion seconded by 2,"Ideran Patton and carried by the follow- ing vote:- , Yeas: Shepherd, Stayton, Batton, Young, Clifford. :ayes: Pone. aEsoLuTio E '„HEI.B.IS; at a reEular adjourned meeting of the Board of Alder- men: of the City of ::ichita Falls held in the Basement of te :Thrgan Building in the City of ',iichita Falls, at 4 B. F. on -ay 1, 1923. J. B. Faber and J. F. Bland were appointed members of the Board of Equalization for the year 1923, and a1B=S, s7id J. 7: 'Saber and J. F. 7-land have si-nified that they are unwilling to serve on the said Board of Tqualization for the year 1923. TH=FOBE, BE IT BBSOL7BD by the Board of "Lldermen that the folloning free-holders be appointed to fill the vacancies created on said Board by the said J. B. Baber and J. Bland, being unwilling to serve; J. F. Protho J. J. Simon. , „ • Loved by 1derman Stayton that the :_ayor and City Clerk be authorized to sign a contract with the :L. ::. C T. -ailway of Texas for a right of way for a six inch water line across their pro erty near mile rost 70.789. ::otion seconded by alderuan Shepherd and carried. ,. I cues Lioved by .alderman Stayton that the following extensions of water main be akotive-42.4./: Bluff Street between 5th St. and 6th.St. 400 ft 6 in pipe 7 houseAland four to be built -600.00 1 fire plug corner of Bluff 9 6th St. 125.00 Denison and Ft. Forth St. 150 ft.2 in. pipe 6 houses 2 to be built 60.00 785.00 :rotion seconded by -1de=an Shepherd and carried. Loved by ,alderman Stayton that B. F. ::ann be retained as City • attorney and he. instructed to assume the duties of urosecutor in the Corporation Court at a salary of •:250.00 per month, with the understanding that he will not represent any paving firms acting under o'ntract with the City of lichita Falls while employed as City attorney. ::otion seconded by .aderman Shepherd and carried by the foll- owing vote: Yeas: Shepherd, Stayton, Clifford Payee: Batton, Young. Lioved by •Llderman Shepherd that the City Clerk be authorized to pay :Bailer Caldwell ,,:150.00 for sor7iou cc rresecutor of the Corporation Court for one y„lonth. Lotion seconded by .aderman Young and carried. The Board of •:11derv.len then adjourned. Tad and approved this 244-day of TEllu1025. azailr_edzillzaA Layor \ 6°