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Min 04/30/1923 /)L"\ Wichita Falls, Texas Basement Morgan Bldg., April 30th 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, 1:ayor J. T. Young H....Patton I B. A. Stayton i Aldermen N. M. Clifford I R. E. Shepherd W. E. McBroom, City Clerk E. IA. ::la , City Attorney The minutes of the previous meetings were read and approved. The hearing to property owners on Avenue F was called and as there were no protests the following motion was put in order. .7Soved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the foll- owing vote: Yeas: Young, Patton, Stayton, Clifford, Shepherd. Nayes: None. RESOLUTION RESOLUTION CLOSING HEARING TO PROPERTY (TNERS AND OTHERS IN- TERESTED IN II=OV=ENT OF AVENUE F BETWEEN THE EAST PROPERTY LINE OF =POE STREET AND THE WEST CURB LINE OF GIDDINGS STREET. AND DETERIIINING Al:OUNTS OF ASSESSHENTS AC.AINST ABUTTING LOTS PARCELS OP PROPERTY AEI THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDER= OF THE CITY OF WICHITA FALLS: THAT: WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the following portion of Street in said City improved by raising, grading and filling same and installing concrete curbs and gutters and paving with Warrenite Bitulithic Pavement on concrete foundation, to-wit all the unpaved portion of Avenue F between the East property line of Monroe Street and the , est curb line of Giddings street. =TEAS, by resolution of the Board of Aldermen adopted on the tth day of April 1923, it is ordered that a hearing to all'owners of prop- erty abutting on said portion of said street, and all others interested by held in the Council Chamber in the Horgan Building at 7:30 2. T . on the 30th day of April 1923, and that notice thereof be iven; and, UEEREAS, due notice of the time and place of such hearing as given and such hearing held, and all parties, their agents and attorneys, and all others desiring to be heafd, have been fully and fairly heard, and at sikh hearing the following protests were made: Protesting against the cost of such improvements and that this is an inopportune time therefor: I. That all protests and objections, whether therein specifically mentioned or not, be and they are hereby over ruled, That the Board of Aldermen finds from the evidence before it that no property will be damaged by means of, or as a result of any of said improvements. 3. The Board further finds from the evidence before it that the proper rule of apportionment of the cost of puch improvement is that applied and shown on the estimates reports and statements of the City Engineer filed On the 9th day of April 1923, and examined and approved by the Ooard, and that such produces and effects substantial equality and justice between the variais lots and parcels of land shown and affected thereby and the respective T neis thereof, and the Board furthcr finds from the evidence that each parcel or lot of land abutting on said portion of Avenue F will be benefited in enhan- ced value by means of such improvements on said portion of tIvenue F in an • amount in excess of the portion of costs to be assessed against same as shorn on said estimates, x`eports and, statements of the City, Engineer, and that each parcel or,lottland abutting on said portion of -venue 17 will be benefited in enhanced valu4 by means of such, improvements on said portion of Avenue F in an amount in excess of the portion of costs proposed to be assessed against same as shown on said estimate reports and statement of the City Engineer; and that each parcel or lot Of land abutting on said. portion of Avenue F will be benefited in enhanced value by means of such improvements on said portion of Avenue P in an amount in excess of the portion of costs propot3ed to be as- sessed against same as shown on said estimate reports and statements of the City Engineer. 4. That said sums be assessed against said lots or parcels of property, and against the owners thereof, and the City Attorney is hereby di- rected to prepare form of Ordinance, levying such assessments in accordance with the Charter and laws in force in this City and in accordance with the Ordinances, resolutions and other proceedings of the City applicable tlereto. 5. That said hearing be, and it is hereby closed as to all par- ties and as to all said improvements. 6. That this resolution take effect from and after its passage. sirs-a7t1r1rirw Ire tire lTlrinrirrlrr;rlr ORDINANCE # 441 AN ORDINANCE ORDERING TEE IERROVELIET OF A PORTION OF AVENUE "F" BETWEEN TUE EAST PROPERTY LINE OP E017'2.0E STREET ND THE PEST CURE LINE OF • GIDDINGS STREET DESIGNATING THE LATERIALS AND liETEODS OF ILI2110VEI.ENT AND PRO- VIDING NOR THE CONSTEUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYPENT OF THE COST OF SUCH ILE'ROV=NTS LEVYING ASSESSIENT THEREOF AND FIXING TEE TERTIS AND TILES OF PAYIIENTS AND THE RATEOF INTEREST THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDERPES OF THE CITY OF WICHITA. FALLS: TRAP, Moved by Aldetta,n Crifford"..thet-Ordinanceallo.'4.41 be pasSed..Ton its firbt reading. Notion seconded by Alderman Young and carried by the follow- ing vote: Yeas: Young, Patton, Clifford, Shepherd, Stayton Nayes: None. The hearing to property owners on Taylor Street continued from the last regular meetin: was called and as there were no protests filed the following motion was put in order. loved by Alderman Clifford that the followii. Resolution be adopted. Motion seconded by Alderman Young and carried by the follow- ing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young Nayes: None. RESOLUTION .RESOLUTION CLOSING HEARING ' ITH REFERENCE TO IITROVTIIENTS AND ASSESSLEETTS THEREFOR ON A PORTION OF TAYLOR STREET IN THE CITY OF WICHITA FALLS, TEXAS. rtk WHEREAS, by resolution passed and adopted on the 2G day of 1921 it was ordered that Taylor Street from its intersection with bl---C116.sdlc1-1 property line of Tenth Street to its intersection with the north curb line of -.venue nkl",Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making a.rre. construction of such improvements; and there- after the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon s id 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 havithg been examined and approved, it was by resolution ordered that hearing he to all owners of abutting property and to all others interested.and a tine and place, to-wit: the lEth d y of A.Dril 102 , at 7:30 o'clock, 2. Li. in the L:organ Building in the City of Wichita Falls, Texas, said hearing was duly and held, notice of the time and place thereof and of such hearing having been there- tofore riven 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; There were no protests. 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 Lidermen having ' eard 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 02 ALDE:.-:FEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and oblections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of Aldermen from the evidence finds that in each and every case 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 bene- fits 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 shown on the said. roll or statement opposite the description of the respective parcels under the column "Total Assessment" cnd itemized, in the columns proceeding such column; and it is directed that ordinance levying such assessments in accordance vith the terms and provisions of the proceedings of the City with reference to said improve- ments 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 proport- ion authorized by charter and provided by the proceedings of the City; and far- ther finds all other matters and things necessary and prerequisite to this re- solution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. Passed and approved this the 30th day of April 1923. hqn,idd.d/ri#Tii4i#### J. W. Bradley and Hubert Harrison representing a committee from the business co-Idcil of the Chamber of Commerce filed a protest against the incomplete lighting of the whiteway. o ral;ody the er discussion of the different methods that might be em- ployed no definite decision being reached the matter was passed for further consideration at a later date. -s\ Sam Beattie representing the Pat Carrigan Post, American Leg- ion requested permission to stage the cotton belt exposition shows at the ball park. Moved by Alderman Stayton that the American Legion be granted permissionjo stage- V cotton belt exposition shows at the ball park from May 7!-'-e- to /5)-3 • Notion seconded by Alderman Clifford and carried. ORDINANCE 442 ORDINANCE LEVYING ASSESSMENT FOR TART OF THE COST OF IMPROV- ING A PORTION OF TAYLOR STREET III THE CITY OF '„:ICHITA FALLS, TEXAS FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY ANT THE OWNERS THEREOF? PROVIDING TOE THE COLLECTION OF SUCH ASSESSM7NTS AND FOR THE ISSUANCE OF ASSIGNATSEE CER- TIFICATES AND DECLARING AN EMERGENCY. Moved by Alde,fman Clifford that Ordinance 442 be passed on its first reading. Lotion seconded by Alderman Stayton and carried by the foil- owing vote: Yeas: Shepherd, Munn Patton, Stayton, Clifford. Payee: None. Moved by Alderman Shepherd that the rules requiring Ordinan- ces to be read at three separate meetings be suspended and an emergency A. • ' declared. Motion seconded by Alderman Clifford and carried. ORDINANCE 442. ORDINANCE LEVYING . ssEss:LEITT NOR PART OF TEE COST OF IMPROV- INC A PORTION OF TXYLOR STREET IN THE CITY OF .dCHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF PROYIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIF- ICATES AND DECLARING AN EMERGENCY. Moved by Alderman Shepherd that Ordinance 442 be passed on its second reading. Motion seconded by Alderman Clifford and carried by the foll- owing vote: Yeas: Shepherd, Clifford, Young, Patton, Stayton Nayes: None. ORDINANCE # 442 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF ILEITIOV- ING A PORTION OF TAYLOR STREET IN THE CITY OF YICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE 0:NERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES AND DECLARING AN EM-RGENCY. Moved by Alderman Shepherd that ordinance 442 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Young and carried by the follow- ing Yeas: Shepherd, Young, Stayton, Clifford, Patton. Hayes: None. Moved by Alderman Patton that the water department be instr- ucted to connect the City Water mains to a wrought iron private water line installed by Robert Farmer provided that Robt Farmer pay for the meter to be used and put up a bond for any damages that might arise from said connection, a44.41 o.s a guarantee that he would not allow any other connections to said pri- vate line. Motion seconded by Alderman Young and lost by the following vote:- Yeas: Patton, Young. Na es: Stayton, Shepherd, Clifford. \,° The petition from property owners for paving folk Street was taken up and discussed but on account of the drainage situation on this street no action was taken. ORDINANCE 436 AN ORDINANCE ORDERING THE Ili2ROVI= OP A PORTION OF LAMAR STREET BETEEN THE SOUTH DUMB LINE OF FIITTH STEPET AND NORTH PR07ERTY LIVE OF SEVENTH STREET DESIGN AN TIG HATERIALS ANT 7.ETHODS OF Iii27.0V7121-TT AND PROVIDING FOR THE CONSTRUCTION TH-REOF BY CONTRACT AND PROVIDIN. FOR THE PAYMENT OF TEE COST OF SUCH IMPROV7NENTS LEVYING ASSESSNTTT THEREFOR .!..ND FIXING THE TERMS AND TIMES OF PAY:77TS AND THE RATE OF INTEREST THEREOF AND =OVID= FOR THE ISS- UANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 436 be passed on its second reading. Motion seconded by Alderman Shepherd and carried by the fol- lowing vote:- Yeas: Shepherd, Young, Patton Stayton, Clifford. Hayes: None. ORDIJALOE 437 AN ORDINANCE 0,R=ING THE IMPROVIKEITT OF A PORTION OF SIXTH STREET FROM WEST PROPERTY LIlA OF LA:."AR STREET TO REST PROPERTY LINE OF TRAVIS STREET DESIGNATING MATERIALS AND _ETNODS OF IMPROVE=2 AND PROVIDING FOR THE CONSTRUCTION TINMEOF BY cOUTFACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH ILLPROVEITENTS LEVYING ASSESS . MT THEREFOR AND FIXING THE TERMS AND TIMES OF PAYMENTS ADD THE RATE OF INTEREST THEREON AND PROVIDING PUR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Loved by Alderman Clifford that Ordinance 437 be passed on its second reading. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Shepherd, Young, Patton, Stayton, Clifford. Noyes: None. ORDINANCE 438 AN ORDINANCE ORDERING THE ILDROVELLENT OF PORTION OF SIXTH STREET FROM EAST PROPERTY LINE OF LAIIZA TO END OF PRESENT PAVEMENT OT SIXTH STREET DESIGNATING MATERIALS AND METHODS OF ILIPROVELENT AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS LEVYING ASSESSMENT THEREFOR, AND FINING THE TERMS AND TIMES OF PATENTS, AND THE RATE 02 INTEREST THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Loved by Alderman Clifford that Ordinance 438 be passed on its second reading. Motion deconded by Alderman Stayton and carried by the foll- owing vote:- , • Yeas: Shepherd, Young, Patton, Stayton, Clifford. Nayes: None. ORDINANCE 439 AN ORDINANCE ORDERING THE ILEPROVEHENT OF A PORTION OF TRAVIS STREET FROM THE SOUTH PROPERTY LINE OF SIXTH STREET TO THE SOUTH PROPERTY LINE OF SEVHNTH STREET DESIGNATING RATERIALS AND METHODS OF IMPROVNYLEITT AND PROVID- ING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH LIPROVEMENTS LEVYING ASSESSMENT THEREFOR, ARE FIXING THE TEEMS AND TIMES OF PATIENTS, AND THE RATE OF INTEREST THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 439 be passed on its second reading. Motion seconded by Alderman Shepherd and carried by the foll- owing vote:- . Yeas: Shepherd, Young, Patton, Stayton, Clifford. Nayes; None. • ORDINANCE 440 ORDINANCE LEVYING ASSESK:ENT FOE PART OF THE COST OF =ROVING A PORTION OF LUCILE STREET IN THE CITY OF '1ICRITA FALLS TEXAS, FIXING A ORANGE AND LIEN AGAINST ABUTTING PROPERTY AND THE 0"N-ERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE_ISSUANCE OF ASSIGNABLE CERTIFICATES AND DECLARING AN EMERGENCY. Moved by Alderwm Clifford that Ordinance 440 be placed on its second reading. Motion seconded by Alderman Patton and carried by the follow- iEN Yeas: Shepherd, Stayton, Clifford, Young, Patton. Nayes: None. Moved by Alderman Clifford that the rules requiring ordinances to be read at three separate meetings be susended and emergency declared. Motion seconded by Alderman Shepherd and carried by the foll- owing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young, Hayes; None. ORDINANCE 436 AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION-CT LAMAR STREET BEIVEEN THE SOUTH CURB LINE OF FIFTH STREET AND NORTH PROPERTY LINE OF SEVENTH STREET DESINATIKG EATERIALS AND METHODS OF IMPROVEMDNT AND PROVIDING FOR THE CONSTRUCTION TXTREOF BY CONTRACT AND PROVIDING FOR THE PAYGENT OF THE COST OF SUCH IMPROVEp2ZTS LEVYING ASSESSMENT THEREFOR AHD FIXING TEE TERMS AND TINES OF PAY:2NTS ARE TRE RATE OF INTEREST THEREON AND PROVIDING FOR THE ISSI UANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that ordinance 436 be passed on its third and final reading and be adopted as read. :lotion seconded by Alderman Shepherd and carried by the fol- lowing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young. Hayes: None. ORDINANCE 437 AN ORDINANCE ORDERING TEE ILLPRCVEIDENT OF A PORTION OF SIXTH STREET FROM VEST PROPERTY LINE OF LAMAR STREET TO ,::EST PROPERTY LINE OF TRAVIS STREET aESIGNATING MATERIALS AND METHODS OF LIFROVELENT AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OP THE COST OF SUCH ILIPROVELENTS LEVYING ASSESSIENT THEREFOR AND FIXING TiE TERMS AND TIMES OF PATIENTS AND THE RATE OF INTEREST THEREON ANL PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 437 be passed on its third and final reading and be adopted as read. Motion seconded by Alderman Stayton and carried by the foll- owing vote:- Yeas: Alderman Shepherd, Clifford, Stayton, Patton, Young. rues: None. ORDINANCE 438 Al] ORDINANCE ORDERING TEE ILLPROVEILTNT OF A PORTION OF SIXTH STREET FROM EAST PROPERTY LINE OF LAMAR TO END OF PRESENT PAVEMENT ON SIXTH STREET DESIGNATING MATERIALS AND 1.T,THODS OF Etnovarym AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONORACT AND PROVIDING FOE THE PAYIENT OF THE COST OF SUCH IMPROVEMENTS LEVYING ASSESSMENT THEREFOR RED FIXING TEE TERMS AND TILES OF PAYMENTS AND THE RATE OF INTEREST THEREON AND PROVIDING FUR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved byalderman Clifford that Ordinance 438 be passed on its third and final reading and be adopted as read. Notion seconded b7, Aldervian Stayton and car7iod by the foll- owing vote:- j : . • oa 0 0," ORDINANCE 439 AN ORDINA1,CE 1,:2-10V1=2 OF A PORTION 03 'TRAVIS STR77T PROM JAE SO= 2RuERTY LINE er 2I:2H 32REET TO TH2 SOUTH PROPERTY LINE OF sEvIz.TH STREET DESIJNATIRC RALRIALS -ND =HODS OF Ii.,R.•OVR_A= AND PROVIDING ROR CORSRUJTION- TRARE02 BY COI,TRACT 222 220VIDfllG FOR :KR PAYI= OF 22E CON OF SUCH IILRA)V ::.2222 LEVYING ASSE6AEHT RN,IIRC:=E IERIS ,A•D TIMES 2A'LL•NPS,AlcD 21,A -.J.RT: RROTIDI:G FOR 22A.; ISCL OF ASSI=J=E OERTI2ICATES. Moved by ,ader=n Clifford that Ordinance 439 be passed on its third any. final teading and Be.adopted as read. Retion 8660flded by :::21de3n 2heherd and carried by the follow- inE; vote: liens.: ShePherd, Stayton, Young, Patton- , UL-.yes: Lone, ORDINANCE 440. ORDINANCE LEVYING ASSESS:EMT FOR PART OF THE COST OF IMPROVING A PORTION OF LUCILE STREET IN THE CITY OF WICHITA FALLS TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE NNERS THEREOF PROVIDING FOR THE COL- LECTION OF SUCH ASSESSMENTS, NET FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES,AND DECLARING AN EMERGENCY. Moved by Alderman Clifford that Ordinance 440, be passed on its third and final reading, and be adopted as read. Motion seconded by Alderman Shepherd and carried by the foil- owing vote:- Yeas: Shepherd, StaytoA, Clifford, Batton, Young. Nayes: None. ORDINANCE 441 AN ORDINANCE ORDERING THE IIIEROV=MT OF A PORTION OF AVENUE "F" BETV,rEEN TEE MAST PROPERTY LINE OF M017.01] STREET AND THE REST CURB LINE OF GIDDINGS STREET DESIGNATING THE MATERIALS AEI =NODS OF ILIRPOTEMENT AND PRO- VIDIK' FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYLIENT OF THE COST OF SUCH IMPROVEMENTS LEVYING ASSESS:=TT THEREOF' ND FIXING 'ME TERMS AND TEES OF PAY:R:NTS AND THE RATE OF INTEREST THRREON AND PROVIDING FOR THE ISSUANCE OF Ab8IGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Clifford that Ordinance 441 be passed on its second reading. Motion seconded by Alderman Stayton and carried by the foil,- owing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young, Nayes: None. ORDINANCE 441 AN ORDINANCE ORDERING TH2 IMPROVE=NT OF A PORTION OF AVENUE "F" BETWEEN THE EAST PROPERTY LINE OF lior.ToE STREET AND THE ,,EST CURB LIFE OF GIDDINGS STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT AND PRO- VIDING FOR THE CONSTRUCTION THEREOF BY CON7R.= _ND 2ROVIDING FOR THE PAYMENT OF THE COST OF SUCH E=OVEMENTS LEVYING ASSESS,:_,I,-; T7TREOF AND FIXING THE TERMS AND TIMES OF PAY1:MTS AND THE RATE OF INTEREST T.: ,L172 .:],,OVIDING FOR THE ISSUANCE OF ASSIGNAPLE.CERTIFICATES, AND DECLARING AN 22 RGENCY. roved by Alderman Clifford that Ordinance 441 be passed on its third and' final reading bnd be adopted as read. Notion seconded by Alderman Shepherd and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Hayes: None. Moved b;i 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. rayes: None. RESOLUTION RESOLUTION DECLARING THE NECESSITY O IMPROVING THIRTEENTH STREET FROM THE WEST CURB LINE OF GRACE STREET TO THE AST PROPERTY LINE OF CLARK. STREET: CLARK STREET FROM THE NORTH PROPERTY LINE;OF THIRTEENTH STREET TO THE SOUTH PROPERTY LINE OF HUFF AVENUE: HUFF AVENUE PRO:: THE VEST PROPERTY LINE OF MARSHALL TO THE WEST PROPERTY LINE OF CLARK STREET, STATING THE NATURE OF SUCH 1111):10VE:ENT AND THE METHOD BY I.E ICE IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, ARE DIRECTING THE CITY ENGINEER TO HAVE PI.: , RI/0E1DES, SPECIFICAT- IONS AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PRET,L._, • BE IT, AND IT IS HEREBY RESOLVED BY !,,RR POARD OF ..La=.1EIT OE THE CITY OF ':;ICHITA FALLS: THAT \/\) • • I. It is necessary that Thirteenth Street from the test Curb Line of -race Street to the East property line of Clark Street; Clark Street from the Corth Property line of Thirteenth Street to the South Property line of Huff Avenue; and Huff Avenue from the teet Property Line of itarshall Street to the 'jest Property Line of Clark Street be improved by raising, grading, fill- ing and paving the same, and installing concrete curbs and gutters, and that same be improved with one of the following methods and materials, to-wit: • (a) tarrenite-Bitulithic Pavement (b) One Course Concrete Pavement (c) Brick -Pavement. The City Engineer is hereby directed to have plans, profiles, specifications and estimates embracing the foregoing materials and plans of improvement prepated, and to file the same with the Board of Aldermen, the City Engineer being so directed, there- being no City Idanager. 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 ;lichita Palls shall pay the remainder. The sums payable by the benefited property and owners there- of 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 acceptance, and the third on or before two (2) years after said comeletion and acceptance and the fourth on or before three (3) years after said completion and acceptance, and the fifth on or before four (4) years after such 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 85 per annum, payable annually, but such property and the owners there- 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 reseective lots or parcels of property abutting up- on the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liabil- ity of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and chartes and demands of whatsoever kind, excepting only State, County and Tunicipal 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 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 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 in effect inthis city, and the proceedings, ordinances and reso- lutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. \/\ LETTER OF ENGINEER SUBMITTING PLANS PROFILES SPECIFICATIONS AND ESTIMATES. TO THE HONORABLE :,1AYOR AND BOARD OF ALDEITEEN OF THE CITY OP WICHITA FALLS TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvements of Thirteenth Street from the "et curb line of Grace Street to the East Property Line of Clark Street; Clark Street from the North Property Line of Thirteenth Street to the South Property Line of Huff Avenue; and Huff Avenue from the ,:est P operty Line of Karshall Street to the West Property Line of Clark Street, I have prepared and hand you here- with plans, profiles, specifications and estimates of the proposed improve- ments, the same embraces the different materials, plans and methods of impro- vement set forth and specified in the said resolution. Signed: F. U. Tugeley, City Engineer. Moved by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Shepherd and. carried by the fol- lowing vote:- Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. RESOLUTION RESOLUTION APPROVING AND ADOPTING PLANS PROFILES, SPECIFICAT- IONS AID ESTIMATES OF THE PROPOSED IMPROVEMENT OF THIRTEENTH STREET FROM THE WEST CURE LINE OF GRACE STREET TO THE EAST PRCPERTY LINE OF CLARK. STREET: CLARK STREET F1',01.: THE NORTH PROPERTY LINE OF THIRTEENTH STREET TO THE SOUTH PROPERTY LINE OF HUFF AVENUE, AND HUFF AVENUE FROL1 THE WEST PROPERTY LINE OF MARSHALL STREET TO THE WEST PROPERTY LIKE OF CLARK STREET III THE CITY OF WICHITA FALLS TEXAS AND DIRECTING THE CITY CLERK- TO ADVERTISE FOR COMPETITIVE BIDS FOR THE HALING AND COKSTMUCTING OP SUCH Ed2ROVEME1TTS. BE IT RESOLVED BY THE BOARD OF ALDER-EN OF THE CITY OF WICHITA FALLS: THAT 'ZIEREAS, by resolution passed on the 30th day of April A, D 1923, the Board of Aldermen of the City of Wichita Falls, declared the neces- sity of improving Thirteenth htreet from the ,Jest Curb Line of Grace Street to the East Property Line of Clark Street; Clark Street from the North Property Line of Thirteenth Street to the South Property Line of Huff Avenue and Huff Avenue from the est Property Line of Marshall Street to the West Property Line of Clark Street by raising, grading and filling same,- and paving same and installing concrete curbs and Tatters, with the materials and in the manners and methods stated in the said resolution, and gave the method by which it was proposed that payment be made therefor, and directing the City Engineer to have plans, profiles, specifications and estimates of the proposed imorovements prepared, and 4 ':iHEREAS, the said City Engineer has prepared sach plans, profiles, specifications and estimates and has filed the same with. the Board of Aldermen, and the same have been inspected and examined and corrected, where necessary: I. That the said plans, profiles nnd 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 mal:ing and constructing of the said improvements, in the manner and for the len:7th of time and in the form recuired and proved by the City Charter and leers in force and in effect at this time and by the ord- inances and proceedings of this :oard end such bids will be received until and shall be oened on the kith day of : ay 1923, at 7:20 o'sloch P. N. and all bids shall be made in the form and in the :calmer, accompanied by certified check and 65 by the juarantee proyided and requf.:2ed by the sie. snnnifip.Rtinng. , () . . • III. This resolution shall take effect from and after its passage. Passed and approved, this the 30th day of Aril A. D. 1923. Moved by Alderman Stayton that the City Clerk be instructed to notify the League of Texas Lainicipalities that the City of Dallas would be preferable to this City as a meeting place for the convention to be held on Pay 8th. Potion seconded by Alderman Shepherd and carried. loved by Alderman Clifford that T. E. Hale be refunded 0-94 due to error in tax rendition for the year 1922. Motion seconded by Alderman Shepherd and carried. • Moved by Alderman Stayton that Ralph Hines be refunded taxes amounting to 22.23 account of a portion of land levied on having been curl- donned and used by the City as a street. Motion seconded by Alderman 'Patton and carried. Moved by Alderman Clifford that Franchise Ordinance No.443 be received and a public hearing be ordered by re7ular publication and that the ' ichita 2alls Traction Company be ordered to pay for said publication. Motion seconded by Alderman Shepherd and carried. ORDITIANCE 444 AN ORDIrANCE TO =ND ',ECTIOrS 3 (a) and 3 (f) OF A # 349 .7.LTITL2D, "ORDIrAKCE El3FLATINC, THE CONS=UCTION MD 1-,AINT=XE Or SIGES OVEE TEE ST-2.E7TS, SIDE .AL:S PD ILEYS OF THE CITY OF IICHITA FALLS, TEXAS, ITT 27A07IDIITG 7:0:1 A .1,.. rA-_,TY" PASSED THE 277H IDY- OF PUCE 1921, AND A.:=ErDED THE 11TH DAY OF Kul.. 1922. Moved by Alderman Shepherd that Ordinance ro.444 be passed on its first reading. Potion seconded by Alderman Stayton and carried by the fell- ov:ing vote:- , Yeas: Shepherd, Stayton, Clifford, 2atton, Young. Eayes: Tone. lioved by Alderman Shepherd that the Treasurer be authorized tc make the folloeing transfers of funds on his books to cover cost of material transferred from the Street Department to other Departments from Jan 1, to March 31, 1923. Debit Park Fund 228.35 Sewer Fund 121.42 General Fund 77.93 Street Imp. 1426.00 Credit Street Fund 1853.70 Motion seconded by Alderman Clifford and carried. ).4 Bids for paving Ninth Street from Baylor to Brook were opened and read. Loved by Alderman Young that the following resolutions be ad- epted. :lotion seconded by Alderman Staytcn and carried by the foll- owing vote:- Yeas: Shepherd, Clifford, Stayton, Patton, Young. :ayes: None. RESOLUTION RESOLUTION ,aCCEPTING BID BOO III.PROVITITENT OF it PORTION OF NINTH STR-ET DCTING EXECUTION OF CONTIT,ICT. 1=AS, the City of ,:ichita Falls, has heretofore ordered that Ninth Street 'n s'-id City be improved from the Center of Baylor Street to the 'jest Property Line of Brook Street, by installing concrete 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 BOth day of April 1923 such bids were opened, and =--.7AS, the bids received have been fully canvassed and considered and the City Council after fully considering same is of the op- inion that the Bid of L. B. hitham B Co., is the most advantageous and should be acce-oted: NOB THEREFORE, BE IT RESOLVED BY THE CITY OF ICHITA FALLS I. That the bid of L. E. Thitham E.. 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 :layor is authorized and directed to enter into contract for such improvement with the said E. E. Whitham B 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 cor- porate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 30th day of April 1923. RESOLUTION RESOLUTIC ABTIEG THE CITY ENGINEER TO BALE AND FILE RE2ORT :;ITH TEE BOARD OF iBB SHOjING ESTERATED COST OF IL:PROVE.,:ENT OP NINTH STREET FEE:. THE CENTE-R OF BAYLOR ST:EET TO THE W.EST PRO2R2,TY LINE OP BECOK. STRRET. BE IT RESOLVEL BY THE BOARD OF LIDERIEN OF TEE CITY OF dICEITA. FALLS: THAT, (\ if .1-IEREAS, the Board of aldermen of the City of .lichita Falls Texas, has heretofore ordered the improvement of Ninth Street from its inter- section with the center of Baylor Street to the lest Property Line of Brook Street by raising, grading and fillinm same and installing concrete curbs and gutters, and paving tith concrete and has caused advertisement 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 sane in the said manner and with concrete pavement, a shown in specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with provisions of Section 108 of the City Charter, to make and file a report with the Board of gldernen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the city, the proportion to be assessed against the abutting property and, the owners land. abutting thereon and benefited thereby, and, the owner th:.reof, 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 -,-)er 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 thcreof, 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 or property, and the owner thcreof, which will be sustained by reason of sf:Ad improvements. Such report shall in all respects comply with the pro- visions of the City Charter and with Chapter II of Title 22 of the Revised Statutes of the State of Texas of 1911, and in all respects comply with the resolutions and other proceeding of this Board with reference to the proposed improvement of said portion of Ninth Street. II. 1 This resolution shall take effect from and after its passage. The City Engineer then submitted the following report. TO THE i.laYOR AHD BO.i.RD OF ILDEP.i...-EN, CITY 02 .TCHITA FALLS, TEXAS. GENT_LIT ,BEN: I hand you herewith report and estimate of the cost of im- proving Ninth Street from the Center of Baylor Street to the West Property Line of Brook Street, and show'.ng the amount to be assessed against such property owners, etc., as required by the Charter and laws and ha the proc- eedings of your Honorable Body: As is shown on this report the estimated amount payable by the City for this improvement will be 1500.sg The estimated amount payable by the owners of property ab- utting will be Zer/, 2-0 Bhe estimated cost to property owners per lineal foot of curb is a6BD The estimated amount to be assessed for excavation for pave- ment per front foot is gno/hiv .• • The estimated cost tobe assessed against property owners exclusive of curb, per front foot, is The estimated damage is nothing in any case. . ( • • This estimate and report is based upon concrete curbs and gutters and concrete pavement, all in accordance with the specifications there- for filed with your Honcrable Body. Respectfully submitted. Signed) F. U. Rugeley, City Engineer. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOR THE LITROVEKENT OF NINTH STREET FROM ITS INTERSECTION WITH THE CENTER OF BAYLOR STREET TO ITS INTERSECTION WITH THE VEST PROPERTY LINE OF BROOK STREET, FIXING A TILIE AND PLACE FOR A HEARING TO PROPERTY ORDERS 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 ALDERI=N 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 Ninth Street from its intersection - with the Center of Baylor Stteet to its intersection with the 1est Property Line of Brook 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 an it has been deermined that all of • the cost of constructing curbs along said portion of said Street, and not ex- ceeding ninety per cent of the remaining cost of such improvement, as deter- mined at the hearing hereinafter mentioned, shall be assessed against the pro- perty abutting thereon, and-against the owners thereof and that said property is the pronerty that will be benefited by- means of said improvement; and, the City Engineer has made end, filed with the Uayor 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 laud, 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 prop- osed, 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 • to given and held in the Council Chamber in the Basement of the Yorgan Build- , Ong in the City of Wichita Falls at 7:30 o'clock P. LU on the 22& day of May 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 the said pro erty or in said improvement , or in any manner or method of making and constructing same, or in the contract there- for, 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 said property in enhanced valge 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 inthe manner and form provided and required by law and the provisidns of the City Charter. And other claims or matters may be presented either orally or in writing, and at such hearing all claims protests 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 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 paoaerty and the owner 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 proposed, assessment, and in any proceedings with reference to the makinn or construction of said improvements, or the levying of assessments therefor, and wilJ thPreafter, by ordinance, make and levy assessments against each Each 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, reso- lutions and other proceedings of this Board. After such hearing is closed anyone desiring to apneal there- from shall prosecute an appeal in any 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 estoppel 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 thg official newspaper of the City which notice shall be in substantially the following form; to-wit: "TO THE OWEERS 07 .2R02-ERTY ABUT7INC, CH NINTH STET BETEEIT THE CENT= OF BAYLO: S?..= IT-3 THE '::EST 2ROPEF,TY LINE OF BROOK STETET AND TO ALL OTHERS INTERESTED". Notice is hereby given of the intention of the city to pro- ceed with the improvement of Ninth Street from its intersection with the Center of baylor Street to its intersection with the West Property Line of Brook Street by raising grading and filling saws and installing concrete curbs and gutters and paving with concrete pavement and all lots and land abutting on said street and all lots and land benefited by means of the said improvement, and such assessments, when levied, shall be a first nmd prior lien upon the lots and land assessed, and a personal claim and charge against the owners there- of. On the 2a* day of 1.7ay, 1923 in the Council CT:amber in the Y Horgan Building in the City of ' ichita galls, at 7:30 o'clock 2. E. all such owners and their agents or attorneys, or any other persons or parties desirVng to be heard, will be fully heard by the Board of ,Ildermen, 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, are on file in the office of the City Clerk and open to inspection. The estimated cost of said improvement is The estimated amount to be assessed against property owners is /c2s-,r/.yo The estimated amount to be assessed for curb is 6,50 per lineal foot of curb; and, The estimated amount of the assessment against property own- ers and their property for pavement and excavation is c8J87r-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 conn- ected with said improvements, the assessment therefor, the benefits thereof, the damages resulting therefrom, or the proceedings connected therewith, shall be and appear before said hoard at said time and. place. Done in c.ccordance with resolution of the Board of Aldermen of the City of Wichita galls, Texas, on the 30th 'nay of April 19?3. Signed: ". E. KcBroom, 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 than 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 hiohita Falls, Texas, but shch notice by letter shall be cum- ulative of the notice by advertisement and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice 1) letter be received or sent. Passed and approved this the 30th day of April 1923. 00 ( Loved by Alderman Young that the action of the Ilunicipal Golf Club in naming the following members of this club as directors for the ensueing year be ratified and approved. falter Robbins, C. C. Bunnenberg B. 9k Sharpe J. D. Bright Fred. T. Hingery E. S. Weldon E. 1,ioBroom I. R. Sheldon lIrs Sadie Carter. Frank Collier Arthur Salmon LIction seconded by Alderman Patton and carried. Ttdiiro&rdTVddhddirtrTift Lloved by Alderman Shepherd that the following securities now owned by the Sinking Funds out of which bonds are being retired be sold to the sinking funds in which cash is available for investment as follows: SECURITIES OWNED BY , BONDS 014NED "20 BE SOLD TO AMOUNT Liberty City of if. F. Street Paving No. 2 2,250.00 3,000.00 Ref Street Imp. 5,250.00 Street Imp. No. 1 2,200.00 3,500.00 City Hall Street Imp. 01 5,700.00 Street Imp. No. 2 950.00 2,000.00 " " Street Imp. #5 2,950.00 Sewer N . 1 5,200.00 1,000.00 " " Street Imp. #5 6,200.00 Sewer Ho. 2 1,950.00 5,500.00 " " Hospital No. 1 5,450.00 Sewer No. 3 1,000.00 Street Imp. 05 1,000.00 City Hall No. 1 2,650.00 Public Cemetery 2,650.00 City Hall No. 2 1,000.00 Public Cemetery 1,000.00 City Hall ro. 3 800.00 Hospital Ho. 1 8C0.00 Total 18,000.00 13,000.00 31,000.00 Motion seconded by . 1derman Stayton and carried. 1":70,irrfu'eYerfvd iloved by Alderman Stayton that the ::ayor be authorized to execute contracts for right of way for pipe lines under the Fort Worth P Den, ve /tracks af mile post 14o.112.96 near the stock y ards and under the P. F. &Atracks near mile post Ho. 0.67. Lotion seconded by _ lderman Young and carried. Eoved by Alderman Young that the meeting be adjourned until 4 2. H. :Ionday Eay 1st, 1923. Hot ion seconded by Alderman Clifford and carried. The Board of Aldermen then adjourned.until 4 P. H. Hay 1, 1923. . Read and approved this / — day of Hay 1923. ljayor ATTEST:- Ptoit/i City Clerk 0\