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Min 03/19/1923 • Wichita Falls, Texas Basement Morgan Bldg., March 19th 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 B. A. Stayton 1 J. B. Fitts 1 N. M. Clifford 1 A l d e r m e n J. O. Reed 1 W. E. MoBroom, City Clerk E. M. Mann, City Attorney. P#"ir"#################### Bids for paving Lamar Street from Fifth to Seventh Streets, Sixth Street from end of present pavement to Travis Street and 'Travis Street from sixth to Seventh were opened and read. Moved by Alderman Fitts that action on bids for paving Lamar Sixth, and Travis Streets be deferred until Monday March 26th, 1923 at 4 P. M. in order to give the County Commissioners and property owners effected an opp- ortunity to appear and express their wishes as to the type of pavement pre- ferred. Motion seconded by Alderman Stayton and carried. f######e############## Bids for paving Taylor Street from Tenth Street to Avenue B, and for the construction of a storm sewer on Avenues D and E were opened and read. Moved by Alderman Stayton that action on bids for paving Taylor Street from Tenth Street to Avenue H, and the construction of a storm sewer on Avenues y and E be deferred until 4 P. M. March 26th 1923, in order to give the property owners an opportunity to appear and express their wishes as to the type of pavement preferred. Motion seconded by Alderman Fitts and carried. it-#####tr########if######## Moved by Alderman Fitts that the following Resolution be adopted. Motion seconded by Alderman Clifford and carried by the following vote:- Yeas: Stayton, Fitts, Clifford, Reed. Hayes: None. RESOLUTION RESOLUTION CLOSING HEARING 'XITH REFERENCE TO IMPROVEMENTS AND ASSESSMENTS THEREFOR ON A PORTION OF TENTH STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 12th day of February 1923 it was ordered that Tenth Street from its intersection with the end of the present Pavement at Tilden street to its int:reeotion with tie east curb line of North Hays 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 and construction of such improvements; and there- after the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners there- of, 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 interested and a time and place was fixed therefor; and at said -time and place, to-wit, the 19th day of March, 1923, at 7;30 o'clock,F, L. 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 there were no protests. and all artieg s to be heard in lv heir ts representatives and attorneys, wererfullyhandefairly heard, andtevidencenwas introduced and considered; and the Board of Aldermen having heard the evidence and having considered same and having heard and considered all protests and ob- jections 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. TH'REFORE BE IT RESOLVED BY THE BOARD OF ALDEH_.EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and objections, 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 enhanced in value by means of such improvements, in a sum in excess of the amount pro- posed to be assessed against it therefor; and further finds that the apportion- ment of the cost of the said improvements made and applied and shown on the Engineer's Xoll 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 bene- fits received. III. That the said hearing be, and it is hereby closed, and it is ord- ered 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 state- ment opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns preoeeding such column; and it is direct- ed that ordinance levying such assessments in accordance with the terms and pro- visions of the proceedings of the City with reference to said improvements 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 proportion auth- orized 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 THISAPPROVED {{RR�����1y 'T �HE 19TH DAY OF PARCH 1923. Moved by Alderman Clifford that the following hesolution be adop- ted. Motion seconded by Alderman Fitts and carried by the following vote; Yeas: Stayton, Fitts, Clifford, Heed Nayes: None. i E S 0 L U T I O h RESPROP SH01YN ON 'THE ENGINEERS IHOLLORnECTING OR STATEbSENT ON a aTHESPORTION OFIiTENTHOF THE OWERSFS REETT..TY AS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, by resolution passed and adopted on the lath day of February, 1923, it was ordered that Tenth Street from its intersection with the end of the present pavement at Tilden Street to its intersection with the east curb line of North Hays 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 and constructing of said improvements; and there- after the City Engineer filed roil or statement showing thereon the various par- cels of abutting property abutting upon the 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 a time and place for hearing of objections of property own- ers and other interested was fixed; and said hearing was had and neld at the time and placed fixed therefor, and ?, WHEREAS, it has been brought to the attention of the BOARD of aldermen that the correct record owner as shown on the said roll or statement was not in all oases given, and that the said record owners have already signed mechanic's lien contracts with the Plains Paving Company, and it is the desire of the Board of aldermen that said errors be corrected: THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. The name of H. E. Baohman be substituted for that of J. C. Mytin- ger as owner of Lot 14, Block 31, Floral Heights Addition. II. The name of u. F. Guinn be substituted for that of N. 0. Monroe as owner of Lot 15, Block 31, Floral Heights addition. III. This resolution shall take effect and be in force from and after its passage. PASSED AND APrROVED this the 19th day of March 1923. F#fi##################### ORDINANCE #434 ORDINANCE LEVYING ASSESSISENT T'OR PART OF THE COST OF IMPROVING A PORTION OF TENTH STREa IN THE CITY OF WICHITA PALLS, TEXAS, FIXING a CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE u'i7NERS THEREOF, PROVIDING FOR THS COT.T.FCTION OF SUCH ASSESOMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES AND DECLARING AN EMERGENCY. Moved by Alderman Fitts that Ordinance 434 be passed on its first reading. Motion seconded by Alderman Clifford and carried by the following vote: yeas: Stayton, Fitts, Clifford, Reed. Hayes: None. ######################## Moved by Alderman Stayton that the following resolution be adopt- ed. Motion seconded by Alderman Fitts and carried by the following vote:- Yeas: Stayton, Fitts, Clifford, Reed. Nayes: None. RESOLUTION RESOLUTION uLOSING HEARING WITH REFERENCE TO IMPROVEMENTS AND ASSES SSMENTS THEREFOR ON a PORTION OF RAYS STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by tesolution passed and adopted on the 12th day of Feb- ruary 1923 it was ordered that Hays Street from its intersection with the south curb line of Tenth street to its intersection with the north curb line Avenue " " 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 and construction of such improvements; and thereafter 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, showing other matters and things; and such statement having been examined and approved, it was by resolution order- ed that hearing be given to all owners of abutting property and to all others interested and a time and place was fixed therefor; and at said time and place to-wit; the 19th day of Iiaroh, 1923, at 7:30 o'clock, P. M., in the Council Cham- ber 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 hav- ing been theretofore given in due and proper manner and for the length of time as was proper; and at said hearing 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 in- troduced 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 nearing should be closed; and all errors and other matters requiring corrections or rectification having been corrected and rectified: THR:;EFO_tt, BF IT nESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and objections, 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 enhanced in value by means of such improvements, in a sum in excess of the amount pro- posed to be assessed against it therefor, and further finds that the apportion- ment of the cost of the said improvements made and applied and shown on the Engineers roll or statement is substantially in proportion to the benefits re- ceived 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 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" and itemized in the columns preceeding 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 improvements 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 proportion auth- orized by charter and provided by the proceedings of the city: and further finds all other mattere and things necessary and prereeuisite 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 19th day of Larch 1923. ###r##;;'#0#r#3 ###H-##### Moved by Alderman Fitts that the following resolution be adopted. Motion seconded by alderman Stayton and parried by the following vote:- Yeas: Stayton, Fitts, Clifford, Heed. Hayes: None. RESOLUTION RESOLUTION CORnECTING THE .NAMES OF THE OWNERS OF PROPERTY AS SHOWN ON THE ENGINEERS ROLL OR STATEMENT ON A PORTION OF HAYS STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, by resolution passed and adopted on the 12th day of February ,1923, it was orderedtthht Hays Street from its intersection with the south curb line of Tenth Street to its intersection with the north curb line of avenue "E", 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 and constructing of said improvements; and thereafter the City Eng- ineer filed roll or statement showing thereon the various parcels of abutting property on the 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 a time and place for hearing of objections of property owners and others intere- sted was fixed; and said hearing was had and held at the time and placed fixed therefor, and WHEREAS, it has been brought to the attention of the Board of aldermen that the name of the owner was not in every case correct as being the record owner and whereas certain parcels of property abutting on said portion of said street have been conveyed by the then owners to pertain other parties and that said record owners and other parties now owning the said parcels of property have signed mechanic's lien contracts with the Plains paving Company and it is the desire of the Board of Aldermen to correct said errors and to show the names of the parties now owning the property: THEREFORE, BE IT RESOLVED BY THE BOLD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. The name of H. Y. Waggoner be substituted for that of Wichita State Bank as the owner of Lot 13, Block 57 of the Floral Heights /addition. II. The name of E. C. Moevy be corrected to read correctly E. C. McCoy as o;Tne- of Lot 1, Block 4 of the West Side Addition to Floral Heights. III. The name of H. P. Tilden be substituted for that of J. H. Barnard as the owner of Lot 5, Bloc 4, of the ',lest Side addition to Floral Heights; and for that of C. J. Barnard for the Borth five (5( feet of Lot 6, Block 4, of the West Side addition to Floral Heights. IV. That C. J. Barnard be shown as the owner of the South forty-five (45) feet of Lot 6, and the Ilorth twenty-five (25) feet of Lot 7, all in Block 4 of the West Side Addition to eloral Heights. V. That the name of J. M. Scott he substituted for that of C. J. Barnard as the owner of the South twenty-five feet (25) of Lot 7, Block 4, of the West Side addition of JJ'loral Heights and for all of Lot 8, Block 4, same addition. VI. This resolution shall take effect and be in force from and after its passage. ##########################i ## ORDINANCE NO. 435 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVEMENT A PORTION OF HAYS STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COL- LECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES,AND DECLARING AN EMERGENCY. Moved by Alderman Fitts that Ordinance No.435 be passed on its first reading. Motion seconded by alderman Stayton and passed by the following vote:- yeas: Fitts, Stayton, Clifford. Reed. Nayes: None. 0#4 #######0#4###### To 3/17/23 The Honorable mayor and Board of Aldermen, COity. Gentlemen:- This is to certify that the pavement on Eleventh Street from the W. P. L. of Indiana Avenue to the ,i. P. L. of Austin Street has been constructed and completed by L. E. Whitham and Co., in accordance with the plans and speci- fications. I,therefore, recommend that the above mentioned pavement be aoe- epted by your Honorable Board of Aldermen. Yours truly, Signed: F. M. Rugeley, City Engineer. Moved by Alderman Stayton that the following Resolution be adop- ted. Lotion seconded by Alderman Clifford and carried by the following vote;- Yeas: Fitts, Clifford, Reed, Stayton. Hayes: hone. RESOLUTION RESOLUTION ACCEPTING THE IMPROVEMENTS ON ELEVENTH STREET FROM ITS INTERSECTION WITH THE WEST PROPERTY LINE OF INDIANA AVENUE TO ITS INTERSECTION WITH THE WEST PROPERTY LINE OF AUSTIN STREET, AND DIRECTING THE MAYOR AND CITY CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND AND THE OWNERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: WHEREAS, the Board of Aldermen of the City of Wichita Falls, has heretofore ordered that Eleventh Street from its intersection with the -lest prop- erty line of Indiana Avenue to its intersection with the West property line of Austin Street be improved by raising, grading and filling the same and install- ing concrete curbs and gutters and paving same, and after due notice and hearing special assessments were 1 vied against the various lots and tracts of land and the owners thereof abuttinggipon the said portion of said street, and contract for the m1-ing and construction of the said improvements was entered into with L. E. Whitham and Company; and, WHEREAS, the Said L. E. Whitham and Company has fully performed its said contract and the said improvements have been made and constructed 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 L. E. Whitham and 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 constructing of the said improvements. II. That this resolution does not and shall not in anywise affect the bond of the said company for the maintenance of the said improvements, but such maintenance bond shall and does remain in full force and effect. III. That the Mayor and city Clerk be and they are hereby authorized, instructed and directed to issue to L. E. Whitham and Company certificates of special assessment in evidence of the various assessments levied against the re- spective lots and carcels of land abutting upon the said portion of said street, and the owners thereof, and against which special assessments have been levied, reciting the description of such property, the amount of the assessments 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 proceedings with reference to making 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 prerequisites -to the fixing of a lien and claim of personal liability evidenced by the certificates have been performed, and containing other appropriate and pertinent recitals, and in accordance with the contract with the said company and the law in force in this city, and the proceedings of this Board. IV. This resolution shall ta- e effect from and after its passage. Passed and approved this 19th day of March A. D. 1923. #######14#####W#### ORDINANCE #430 ORDINANCE TO CLOSE VACATE AND ABANDON ALLEY RUNNING TILROUGH BLOCK NO.2, OF THE WEST SIDE ADDITION TO THE FLORAL HEIGHTS ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, ACCORDING TO THE RECORDED PLAT.OF SAID LAND. SAID ALLEY RUNNING PARAT.,EL WITH TENTH STREET. Moved by Alderman Fitts that Ordinance 430 be passed on its third and final reading. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Stayton, Clifford, Reed, Fitts, Nayes; None. ORDINANCE NO.433 AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF AUSTIN STREET BETWEiA THE SOUTH PROPERTY LINE OF ELEVENTH STREET AND THE NORTH CURB LINE OF TWELFTH STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH 1MPROVEL;ENTS, 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 Fitts that Ordinance 433 be passed on its second reading. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Stayton, Clifford, Fitts, Heed. Napes: None. ########## ################## ORDINANCE #431 AN ORDINANCE ABANDONING AND VACATING A CERTAIN ALLEY INTERSECTING BLOCK EIGI£C NOT OCCUPIED BY THE WICHI'TA VALLEY RAILWAY COMPANY AND THE DEAD END OF NINETEENTH STREET BETWEEN THE EAST BIDE OF AUSTIN STREET AND THE WEST SIDE OF MILLS STREET, ALL IN THE CITY OF WICHITA FALLS, TEXAS. Moved by Alderman Stayton that Ordinance 431 be passed on its second reading. Motion seconded by Alderman Fitts and carried by the following vote:- Yeas: Stayton, Fitts, Heed, Clifford Nayes: None. ######################### ORDINANCE 432 AN ORDINANCE ABANDONING AND VACATING CERTAIN STREETS AND ALLEYS IN THE uITY OF WICHITA FALLS UPON CERTAIN TEEMS L D CONDITIONS. Moved by Alderman Fitts that Ordinance 432 be passed on its second reading. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Stayton, Fitts, Reed, Clifford Noyes: None. ######################## Moved by Alderman Clifford that the City put in a water line in the Sibley Taylor Park at a cost of K34.06 and furnish water therefor at the regular park rate. Motion seconded by Alderman Fitts and carried. ####,####IF############ Bids for the operation of the City incinerator were opened and referred to Commissioner Reed for recommendation. #################### Moved by Alderman Clifford that the uouncil go into executive session. motion seconded by Alderman Stayton and carried. #################### The Council then went into executive session to consider those matters that may be considered in executive session. The Council then went out of executive session. ######iF############ moved by Alderman Clifford that the meeting be adjourned until 4 P. E. Monday March 26th 1923. Motion seconded by Alderman Stayton and carried. The Board of Aldermen thenAdjourned. Read and approved this 2 ay of March 1923.� ATTEST:- Mayor a Q 11/24`1/ia,49-ri iti/ �hJ City clerk