Loading...
Min 02/26/1923 (2) Morgan Building Wichita Falls, Texas February 26th 1923. The Board of Aldermen of the city of Wichita Falls, met in reg- ular session on the above date with the following present:- Frank Collier, ,layor R. E. Shepherd B. A* Stayton N. M. Clifford ldermen J. B. Fitts J. V. Heed 'I. E. .McBroom, City Clerk E. E. Mann, City Attorney Moved by Alderman Clifford that the public hearing granted prop- erty owners making protest on Austin Street between Eleventh and Twelfth Streets be continued until March 12th 1923, 7 P. E. in the basement of the Morgan Build- ing, in VA.chita Falls, Texas. Motion seconded by Alderman Fitts and carried. #########4##### # The bids for paving on Tenth Street from its intersection with the end of the present pavement to its intersection with the east curb line of Hayes Street and on Hays Street from its intersection with the 5 feet of the south curb line of Tenth Street to its intersection with the north curb line of Avenue E, were opened and referred to the city Engineer for tabulation. 4#1t ###Irnh####### • Moved by Alderman Fitts that the resignation of Hafvey Harris as Recorder of the Corporation Court and John Davenport as Special Prosecutor of the corporation Court be accepted effective March 1, 1923. Notion seconded by Alderman Clifford and carried. Moved by Alderman Fitts that E. F. Weldon-be appointed recorder of the Corporation Court for a period of two years effective March 1, 1923, and that Ti. E. Caldwell be appointed special Prosecutor of the Corporation Court for a period of two years effective rarch 1, 1923. Motion seconded by Alderman Clifford and carried. r###4############# Moved by Alderman Clifford that the City Clerk be authorized to issue dance hall licenses to the following:- T. J. Gash, 109 Park Street, Donald McDonald & Frank Loew, Labor Temple. Motion seconded by Alderman Shenherd and carried. f########### ##### Moved by Alderman Heed that the application made by Mrs Roy Taylor for a license for public dances to be held in the 1,estland Hotel be refused. • Motion seconded by Alderman Fitts and carried. Moved by Alderman mitts that the mayor be authorized to take up the deed to cemetery Lot Ho. 159, block H and held by G. W. Horwood and issue a deed to cemetery Lot 1To.293, block P in lieu thereof. Motion seconded by Alderman Clifford and carried. 141-tiftrifff/trnt#4,44### Moved by Alderman Reed that the payor be authorized to issue a deed to the Estate of N. 7. Russell covering cemetery lot vo.292, Block P. Motion seconded by Alderman ritts and carried. ORDiBANuE nO.430 ORDINANGE TO CLOSE VACATE AND ABANDON ALLEY RUNNING THROUGH BLOCK N0.2 uF THE WEST SIDE ADDITION TO TAE FLORAL HEIGHTS ADDITION TO THE ulTY OF WICHITA VALLS, TEXAS, ACCORDING TO THE RECORDED PLAT OF SAID LAND, SAID ALLEY RUNNING PARALLEL WITH TENTH STREET. Moved by Alderman Clifford that Ordinance No.430, be placed on its first reading. motion seconded by Alderman Fitts and carried by the following vote:- Yeas: Shepherd, Reed, ritts, ulifford, Stayton Nayes: None. Moved by Alderman Pitts that the eater Department be authorized to make the following extensions of water line: 350 feet of 2 inch pipe on Plum Street between 2nd Street and 3rd Street, cost ;122.50. Motion seconded by Alderman Reed and carried. MYPIPPM*51ItfitM#1# Moved by -lderman Pitts that the cities one half of the cost of equipment for the Iichita General Hoscital as reflected by the following bills be allowed out of the General Fund: • E. H. McClure Co., Invoice, 1/27/23-------714.00 Max Tocher & Son Co., 1/26/23 32.50 Reid Bros 12/14/23 95.00 Universal Registor Co., 1/31/23 59.35 Total ;200.85 Motion seconded by Alderman Clifford and carried. #W##################### roved by alderman Clifford that Water Department be authorized to reimburse the Wichita Falls Electric Co., for chlorine drums credited to the Water Department in error in the amount of .T:400.00 at the time the 'Dater plant was purchased by the City. Motion seconded by Alderman Picts and carried. ###################### Moved by alderman Clifford that the following resolutions be adopted. Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Clifford, Stayton, Reed, Fitts. Hayes: None. RESOLUTION RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF TENTH STREET, AND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Tenth Street in said City be imlroved from t#e end of the navement at Tilden Street to its intersection 7.-ith the east curb line of Hays Street, by installing concrete curbs and gutters, and paving same with Ibrick navement on a/concrete /foundatiorq and by raising grading and, filling same, together with necessary appurtenances, and thereafter plans and specifications were duly adopted and app- roved for such improvemer4bids were advertised for, and received, and on the 26th day of yebtuary 1923, such bids were onened and, • . . • WHEREAS, the bids received have been fully canvassed and consid- ered and the City Council after fully considering same is of the opinion that the bid of Plains Paving uompany is the most advantageous and should be accept- ed: NOW THEREFORE, BELT RESOLVED BY.THE CITY OF WICHITA FALLS, I. That the bid, of Plains Paving uom-any for the making and const- truction of the said improvements on said portion ofstreet, 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 iayor is authorized and direct- ed to enter into contract for such improvement with the said Plans Paving Com- pany, and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 26th day of February 1923. ####14###WqP/#71,4######4 Lioved by ..1derman Clifford that the following resolution be adopt- ed. Eotion seconded by Alderman Stayton and carried by the following vote;- Yeas: Shepherd, Clifford, Stayton, Heed, Fitts. Hayes: Pone. Resolution RESOLUTION ACCEPTING BID FOR INPROVE1.7.NT UP A PORTION OP RAYS STREET DIRECTING EXECUTION OF CONTRACT. WE;REAS, the City of Vlidhita Falls, has heretofore ordered that Hays Street in said City be improved from its intersection with the 5 feet south of the south curb line of Tenth Street, to its intersection with the north curb line of Avenue "E" Street, by installing concrete curbs and gutters, and paving same with brick pavement on a concrete foundation, and by raising grading and filling same, together with neces'sar:,- appurtenances, and thereafter plans and specifications were duly adopted and approved for such improvement, bids were advertised for, and received, and on the 26th day of February 1923, such bids were opened, and WHEREAS, the bids received have been fully canvassed and considered and the city Council after fully considering same is of the opinion that the bid of Plains Paving company is the most advantageous and should be accepted.: NOW THMEFORE, BE IT RESOLVED BY THE CITY OF VICHITA FALLS, I. That the bid of Plains Paving uomrany for the making and const- ruction of the said imnrovements on said portion of street, filed with the City, be and the same is hereby accented. II. That the form of contract embraced in the s-ecificaticns be and the same is hereby adopted and approved, and the Kuyor is authorized and directed to enter into contract for such improvement with the said PlAins Paving Company, and to execute such contract for and on behalf of and in the name of the City, and the uity Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the Cityls uoruorate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 26th day of February 1923. o############4############### r e' moved by Alderman Shepherd that the following Resolution be ad- opted. Motion seconded by alderman Fitts and carried by the following vote:- yeas:- Shenherd, Heed, Fitts, Stayton, Clifford. Hayes: None. H E S 0 L U TI 0 N RESOLUTION DIRECTING THE CITY ENGINER TO FAICR AND FILE REPORT WITH THE BOARD OF aLDERI,M SHOWING ESTIMATED COST OF IMPROVEMENT OF'TENTH STREET FROM THE END OF THE PAVEVENT AT TILDEN STREET TO THE EAST CURB LINE OF HAYS STREET BE IT RESOLVED BY THE BOARD OF ALDERI.EIN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has heretofore ordered the improvement of)2enth Street from its intersection with the end of the pavement at Tilden Street to its intersection with the east curb line of Hays Street, by raising grading and filling same and installing concrete curbs and gutters and paving with:brick pavement onceacrete foundation, and has caused advertisements for bids for the making and construction of the said imp- rovements to be made and bids therefor have been taken, and said Board is det- ermined to make the same in the said manner and with \brick paVement on conctete foundation, as shown in specifications adopted therefor. I. The City Engineer is hc:—; irected, in accordance ,ith provisions pf Section 108 of the City Uharterj to make and file a report with theABOard of Aldermen 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 owners thereof, 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 Per 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 thereof, and such report may show any other matters or things, and shall show the estimated amounts of damages, if any, to each piece or parcel of nro-erty, and the owner thereof, which will be sustained by reason of said improvements. Such renort shall in 'all'respects comply with the provisions of the City Charter and with chapter 11 of Title 22, of the Revised Statutes of the State of Texas 'bf 1911, and in all respects com- ply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of said Street. II. This resolution shall take effect from and after its passage. Passed and approved this the 26th day of February 1923. Moved by alderman Shepherd that the following Resolution be • adopted. Lotion seconded by alderman Clifford and carried by the following vote:- Yeas , Shepherd, Clifford, Fitts, Reed, Stayton Hayes: Done. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO mAKE AND FILE REPORT WITH THE BOARD OF ALDERLT.N)SHU::ING ESTIMATED COST OF IMTROVEMETT OF HAYS "4;.'WT FROM FIVE FEET SOUTH OF THE SOUTH CURB LINE OF TENTH STREET TO THE NORTH iLETE OF AVENUE "E". BE IT RESOLVED BY THE BOARD OF ALDERMEN OF tHE CITY OF WICHITA FALLS: THAT WHEREAS, the Board of aldermen of the Pity of Wichita Falls, Texas has heretofore ordered the improvement of Hays Street from its intersection with the south curb line of '..enth Street to its intersection with the north curb line of Avenue "2" by raisingtrading and filling same and installing concrete curbs and gutters and paving with brick Pavement on concrete foundation, and has caused advertisements for bids for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board is determined to make the same in the said manner and with brick pavement on concrete foundation, as shown in specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with provis- ions of Section 108 of the city Charter, to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed 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 owners thereof, 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 per 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 thereo:,• and such report may show any other matters or things, and shall show the estimated amounts of damages, if any, to each piece or parcel of properl -, and the owner thereof, which will be sustained by reason of a:Ad improvements. Such resort shall in all respects comply with the provisions of the city charter and with Chapter 11 of Title 22 of the Revised Statutes of the State of Texas of 1911, and in all respects comply with the resolutions and other giroceedings of this Board with reference to the proposed improvement of said portion of said Street. II. This resolution shall take effect from and after its passage. Passed and approved this 26th day of February 1923i f######4######0##W70####0 • the following reports of the City Engineer were then submitted. TO TnE MaYOR AN.0 BOARD OF ALDERMEN, CITY OF WICHITA FALLS, TEXAS. GENTLEMEN I hand yos herewith report and estimate of the cost of improving rIeys STREET from its intersection with the 5 ft South of South curb line of 10th Street to its intersection with the north curb line of Avenue E4 and showing the amount to be assessed against such property owners, etc., as required by the ch- arter and laws and by the proceedings of your Honorable Body; AS is shown on this report the estimated amount payable by the City for this improvement will be t922.24. The estimated amount payable by the owners of property abutting will be 57,216.00. The estimated cost to property owners Per lineal foot of curb is The estimated amo nt to be assessed for excavation for savement per front foot is The estimated cost to be assessed against property owners for pavement, including base, per front foot is ,;7,8267; The estimated cost to be assessed against pronerty owners excl- usive of curb, per front foot, is 47.6267; The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gutters and brick pavement on concrete foundation, all in accordance with the specifica- tions therefor heretofore filed with your Honorable Body. Respectfully submitted, Signed: F. M. Rugeley, City Engineer. Wichita, Falls, Texas, February 26, 1923. TO THE MAYOR AND BOARD OF ALDERFEN, CITY OF WICHITA FALLS, TEXAS. GENTLEIMil: I hand you herewith report and estimate of the cost of improving Tenth Street from its intersection with the end of savement at Tilden Street to its intersection with the East curb line of Hays Street and showing the amount to be assessed against such nro-erty owners etc. , as re-uired by the Charter and laws and by the proceedings of your Honorable Body: As is shown on this report the estimated amount nayable by the City for this improvement will be :.:766.26. The estimated amount payable by the owners of rroperty abutting will be ::,;6,136.85. // The estimated cost to 'rocerty owners Per lineal foot of curb is '.:0.50; The estimated amount to be assessed for excavation for Pavement per front foot is ; The 17-tinated cost to be assessed against property owners for pavement, including base, per front foot is ;!7.8268: The estimated cost to be assessed against property owners exclu- sive of curb, per front foot, is 7.8268; The estimated damage is nothing in;-any case. This estimate and report is basetpon concrete curbs and gutters i and brick pavement on concrete foundation, allaccordance with the specifica- tions therefor heretofore filed with your honorable Body. Eespectfully submitted, Signet: F. M. Rugeley, City Engineer Wichita Falls, Texas February 26, 1923. ############################ Moved by Alderman Shepherd that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the following vote: Yeas: Sherherd, aeed, Stayton, Pitts, Clifford, Hayes: None. EESOLUTIOt RESOLUTION AP7a0VING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOE THE IMPROVEITTJNT OF/TENTH ST2,EET FROM ITS IN- TERSECTION WITH THE END OF PAVEMENT ON TILDEN STEET TO ITS INTERSECTION WITH THE EAST CURB LINE OF HAYS STAEET, FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF AND PEESCRIBING THE FORM OF SUCH BOTICE. BE IT itESOLTD BY THE BOARD OF ALDERMEN CF THE CITY OF WICHITA FALLS TEXAS: THaT, 7MREAS-, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Tenth Street from its intersection with the End of pavement on Tilden Street to its intersection with the East curb line of Hays Street, and has received estimates, plans and specifications from the City Engineer, and after adoption of same and after the advertisement and notice, competitive bids were received and it has been determined that all of the cost of constructing curbs along said ortion of said Street, and not exceeding ninety per cent of the remaining cost of such improvement, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon, and against the owners thereof and that said property is the property that will be benefited by means of said improvement; and the City Engineer has made and fil- ed with the Mayor and Board of aldermen his report and estimate of the cost of such improvement, and the estimated amount to be assessed against each lot or parcel of land, and the owner thereof and showing other matters and things req- ui 'ed by law and the city Charter and the proceedings of this Board for such re- ports, and same has been examined and corrected: I. That a hearing will be given to the owners of property proposed to be assessed for the said imProvements, being the pronerty abutting on said portion of said street, and to all others interested, and same shall be given and held in the Council Chamber in the basement of the Morgan Building in the City of Wichita Falls at 7:30 o'clock PI II, on the 19th day of March 1923, and at which hearing and at said time and place the m.ners of said pro erty, or any of them, their agents or attorneys, o: any one else in any manner interested either in the said property or in said imnrovements, or in any manner or method of making and constructing same, or in the contract therefor, 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 value b means of said improve- ment, and as to damages to said property or the owners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any wise incident or connected with the said improvement, contract, proceedings or assessment therefor, or the method or manner of paykng for same. F III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required by law and the provisions of the City Charter. and other claims or matters may be presented either orally or in writing' and at such hearing all claims 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 hoard 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 damatas, if any, to each lot or parcel of nro,)erty 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 pronosed assessment, and in any pro- ceedings with reference to the making or construction of said improvpments, or the levying of assessments therefor, and will thereafter, by ordinance, make and levy assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in acc- ordance with the terms required by law in force in this city, and the City Charter and the ordinances, resolutions and other rroceedings of this Board. after such hearing is closed anyone desiring to appeal therefrom 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 for- ever barred and estopped from in any manner doubting or resisting same or assert- ing any error, irregularity, mistake or invalidity therein. The City Clerk is hereby directed to give notice of the time and place of said hearing to the owners of said property and, to all others interest- ed by causing such notice to be published in the official newspaper of the tAty, which notice shall be in substantially the following form; to-wit: "TO Ttl.; O:BERS uF MOPERTY ABUTInG us TtNTH STsEwT bETWEEN TiLDEN STE6ET ALD BAYS STAEET, AND TO ALL uTdS INTE.LESTED". Notice is hereby given of the intention of the City to proceed with the improvement of Tenth Street from its intersection with the end of pave- ment at Tilden Street to its intersection with the nest curb line of hays Street, by raising, grading and filling same and installing concrete curbs and gutters and paving with brick navement on concrete - oundation, and all lots and land abutting on said street and all lots and land benefited by means of the said imp- rovement and such assessments, when levied, shall be a first and prior lien up- on the lots and land assessed, and a ,ersonal claim and charge against the owners thereof. On the 19th day of Larch 1923 in the uo,ncil Chamber in the Eorgan Building in the uity of Wichita Falls, lexas, at 7:30 o'clock P. L. all s-ich owners and their agents or attorneys, or any other persons or parties desiring to be heard, will be fully heard by the board of Aldermen, and any protests,ob- jections or claims will be fully and fairly heard. The benefits and damages res- ulting from said improvements will be determined and the amounts to be assessed against each such lot or parcel of land and the or:ners thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of said improvement is 6,554.64 The estimated amount to be assessed .,..gainst property owners is The estimated amount to be assessed for curb is 0.50 per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is .,:!7.8268 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 connected with said improvements, the assessment therefor, the benefits thereof, the dam- ages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board at said time and nlace. Done in accordance with resolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the 26th day of ebruary 1923. Signed:- W. E. McBroom, City Clerk. OSP 1 • • 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 Wichita Falls, Tex- as, but such notice b, letter shall be cumulative 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 by letter be received or sent. PASSED AND APPROVED this the 26th day of February 1923. 1 ######################iff Moved by Alderman Shepherd that the following Resolution be adopted. Trot ion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Reed , Stayton, Fitts, Clifford. Napes:- None. RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTITIATE OF THE CITY ENGINEER AS TO THE COST -ND ASSESSIIENTS FOR THE IreAVEMCNT OF RAYS STREET TROTS ITS INTER- SECTION WITH THE FIVE FEET SOUTH OF THE SOUTH CURB LINE OF TENTH STREET TO THE INTERSECTION 'WITH THE NORTH CURB LINE OF AVENUE " STREET FIXING A TIM AND PLACE FOR A HEARING TO PROIE2TY OWNEES AND OTHERS INTERESTED AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRIBING THE FORM OF SUCH NOTICE, BE IT RESOLVED BY TAN BOARD OF ALDERMEN OF THE CITY OF 7ICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Hays Street from its intersection with the five feet South of South curb line of Tent# etreet to its intersection with the North curb line of Avenue E, Street, and has received estiamtes, plans and spe- cifications from the City Engineer, and after adoption of same and after due ad- vertisement and, notice, competitive bids were received and it has been determined that all of the cost of constructing curbs along said portion of said Street, and, not exceeding ninety per cent of the remaining cost of such improvement, as det- ermined at the hearing hereinafter mentioned, shall be assessed against the prop- erty abutting thereon, and against the owners thereof, and that said, property is the property that will be benefited by means of said improvement; and the City Engineer has made and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvement, and the estimated amount to be assessed against each lot or parcel of land, and the owner thereof, and showing other mat- ters 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 proeerty proposed to be assessed for the said imnrovements, being the property abhtting on said portion of said street, and to all others interested, and same shall be given and held in the Coencil Chamber in the basement of the Norgan Building in the City of Wichita Falls at 7 :30 o'clock P. L. on The 19th day of March 1923,and at which hearing and at said time and place the owners of said pronerty, or any of them, their agents or attorneys, or any one else in any manner interested eith- er in the said property or in said improvements, or in any manner or method of making and constructing same, or in the contract therefor, or the eroceedings with reference thereto, or the benefits or damages to said proeerty, 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 value 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 in the manner and form provided and required by law and the provisions of the City Charter. And other claims or matters may be presented either orally or in writing, and at such hearing all claims 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 rarcel of property 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 proc- eedings with reference to the making or construction of said improvements, or the levying of assessments therefor, and rill thereafter by ordinance, make and levy assessments against each such piece or parcelof property and against the owners thereof in the proportion provided and in the manner and form and in acc- ordance with the terms required by law in forge in this city, and the City Char- ter, and the ordinances, resolutions and other proceedings of this Board. After such hearing is closed anyone desiring to anneal therefrom shall prosecute an anneal 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 nersons, firms, corporations, estates and other narties shall, after the exniration of twenty days from the levying of such assessments be forever barred and est000ed from in any manner doubting or resisting same or asserting any error, irregularity, mistake or invalidity therein. The City Clerk is hereby directed to give notice of the time and place of said hearing to the owners of said property and to all others interested by causing such notice to be published in the official newspaler of the City, whist which notice shall be in substantially the fopllowing form, to-wit:- "TO THE 0-Nt.iiS OF PROPERTY AFUTTIEZ ON HAYS STREET BETJEEI, TENTH STREET AND AVENUE E STREET, _AND TO ALL ()TORS INT,RESTED". Notice is hereby given of the intention of the city to proceed with the improvement of Hays SThEET from its intersedtion with the 5 feet South of South curb line of Tenth Street to its intersection with the North curb line of a Street, by raising grading and filling same and nstalling concrete curbs gutters and paving with brick pavement on concrete foundation, 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 and prior lien upon the lots and land assessed, and a personal claim and charge against the owners thereof. On the 19th day of Tiarch, 1923 in the Council Chamber in the /or- gan Building in the City of L'ichite. Falls, Texas, at 7:30 o'clock P. :t. all such owners and their agents or attorneys, or any other persons or parties desiring to be heard will be fully heard by the Board of aldermen, and any protests, ob- jections or claims will be fully and fairly heard. The benefits and damages re- sulting from said imnrovements 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 onen to insnection. The estimated cost of said improvement is : 7,704.78 The estimated amount to be assessed against nro-erty owners if c6,782.54 The estimated amount to be assessed for curb is '0.50 ner lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is 7,8267 er front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any rise connected with said improvements, the assessment therefor, the benefits thereof, the dam- ages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board at said time and place. Done in accordance with resolution of the Board of aldermen of the City of ."vichita Falls, Texas, on the 26th day of February 1923. Signed: 0. H. l'icBroom, City Clerk. a.nd 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 anpears on said re- port of the City Engineer, a registered letter containing a copy of the said not- ice, such letter to be depoSited in the l'ost Office at l'Achita Falls, Texas,but such notice by letter shall be cumulative of the notice by advertisement, and such notice be given and whether or not such notice by letter be received or sent. -,assed and anproved this the 26th day of February 1923. (,.!\ 6.)-j Moved by Alderman Shepherd that the Street Denartment be author- ized and instructed to excavate and grade for pavement one block on Collins Street from the end of the present pavement to the East curb line of Baylor Street. motion seconded by Alderman Stayton and carried. ####W## ####il ORDINANCE 43V7j AD ORDINANCE CHANGING THE TIME OF THE REGULAR MEETINGS AND PRO'r- VIDING FOR SPECIAL MEETINGU OF THE BOARD OF ALDERLER OF THS CITY OF -:LICHITA FALLS AND PROVIDING FOR AN EML1BEITCY. Moved by Alderman Clifford that Ordinance 10.431Yibe placed on its first reading. motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Reed, Fitts, Stayton, Clifford Nayes: none. Moved by Alderman Shepherd that the rules be suspended and an emergency declared. Ifotion seconded by Alderman Clifford and carried by the following vote:- Yeas: Shepherd, Clifford, Stayton, Fitts, Reed :ayes: None. roved by Alderman Stayton that Ordinance No.431Zbe passed on its second reading. Lotion seconded by Alderman Shenherd and carried by the following vote:- Yeas; Shepherd, Clifford, Stayton, Fitts, Reed. Nayes: None. Moved by Alderman Stayton that Ordinance Vo.43qbe passed on its • third and final reading and be adopted as read. Lotion seconded by Alderman Clifford and carried by the following vote:- Yeas; Shepherd, Reed, Fitts, qtayton, Clifford. Nayes: None. The Board of Aldermen then adjourned until 7;30 P. H. February 26th 1922. Read and approved this 47.4 day of lAuel,i 1923. Mayor ATTEST:- City Clerk ()1,6