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Min 01/29/1923 (2) WICHITA FALLS, TEXAS. Morgan Bliilding January 29, 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 J. B. Fitts N. M. Clifford J. F. Reed P .. 1 d e r m e n B. A. Stayton 0 R. E. Shepherd 0 W. E. MoBroom, City Clerk E. M. Mann, City Attorney ##################r ######### The minutes of meeting1under date of January 15th and 22nd were read and approved. ########################## Moved by Alderman Pitts that C. C. Randle be authorized to move his gasoline curb tank now located at 906 Scott to 1100 Scott and that S. Bemrod be authorized to move his curb gasoline tank from 712- 8th Street to 707- 9th Street under the usual provisions to-wit:- Said C. C. Randle and S. Bemrod, their successors, assigns, lessees and administrators shall hold the city of Wichita Falls, harmless fr. ' :.y dam- age that may arise from the operation of said curb fillings stations'n. the re- moval and construction of same shall be done under the supervision of the City Engineer, and said C. C. Randle and S. Bempod shall cease to operate said fillies stations when so ordered by the Board of Aldermen of the City of Wichita Falls, Texas. Motion seconded by Alderman Shepherd, and carried. ################### # Moved by Alderman Shepherd that the following Resolutionsbe adopted. Motion seconded by Alderman Clifford and carried by the following vote:- Yeas: Shepherd, Clifford, Reed, Fitts, Stayton Hayes: None. RESOLUTION . RESOLUTION ➢ECLARING THE NECESSITY OF IMPROVING SIXTH STREET FROM THE EAST PROPERTY LINE OF LAMAR STREET TO THE END OF THE PRESENT PAVEMENT ON SIXTH STREET, STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES,SPECIFICATIONS AN➢ ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED: BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FILLS: THAT 1. It is necessary that Sixth Street from the East property line of Lamar Street to the end of the present pavement on Sixth Street be improved by raising, grading, filling and paving the same, and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit: (a) Brick Pavement II. The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of imp- rovement prepared, and to file the same with the Board of Aldermen, the City Rngineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner, to-wit: %� The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding ninety per cent of the remaining cost of such improvementd, and the City of Wich- ita Palls, shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or before thirty (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due one or before one year (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the date of completion and acceptance and until paid at the rate of eight (8%) per cent per annum, payable annually, but such property, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installments upon the matur- ity thereof shall at the option of the owner and holder of the certificate of special assessment issued in evidence thereof, mature the entire amount then un- paid; and the sums payable by the respective lots or parcels of property abutt- ing upon the said improvement, and benefited thereby,shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such prop- erty, superior to all other liens, claims and charges and demands of whatsoever kind, excepting only State, County and Municipal 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 parcels of land in enhanced value thereof by means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the Ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property, and the owners thereof, shall be issued to the contractor or party performing and exe- cuting the work of such improvement and containing recitals lawful and properly 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 effect in this City and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution ehalltake effect from and after its passage. Passed and approved this the 29th day of January 1923. # ######################### RESOLUTION RESOLUTION DECLARING THE; NECESSITY OP IMPROVING SIXTH STREET FROM THE WEST PROPERTY LINE OF LAMAR STREET TO THE WEST PROPERTY LINE OF TRAVIS STREET STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED:- BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OP THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Sixth Street from the West property line of Lamar Street to the West property line of 'Travis Street be improved by raising grading, filling and paving the same, and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit:- (a) Brick Pavement. II. The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of imp- rovement prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner, to-wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding ninety per cent of the remaining cost of such improvements, and the City of Wich- ita falls, shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or be- fore thirty (30) days after date of completion and acdeptance by the City of such improvements, and the second shall be due one or before one year (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of com- pletion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (8%) per cent per annum, payable annually, but such property, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and holder of the certificate of spec- ial assessment issued in evidence thereof, mature the entire amount then unpaid; and the sums payable by the respective lots or parcels of property abutting up- on the said improvement, and benefited thereby, shall be assessed against such lots or parcels and 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 charges and demands of whatsoever kind, excepting only State, County and Municipal taxes. No assessment shall be levied against any lot or parcel of land,or the owner thereof, in excess of the special benefits of such lot or parcel of land in enhanced value thereof by means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this city, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvement, 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 exe- cuting the work of such improvement and containing recitals lawful and properly 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 effect in this City, and the proceedings ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 29th day of January 1923. #####i####### ############# RESOLUTION RESOLUTION DECLARING THE taECESSITY OF lMF 0VING TRAVIS STREET FROM THE SOUTH PROPERTY LINE uF SIXTH STRJI T TO THE SOUTH PROPEaTY LINE OF SEVENTH STREET, STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEME7NTS PRE- PARED: BE IT, AND IT IS HERESY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Travis Street from the south property line of Sixth Street to the South property line of Seventh Street be improved by raising gtading, filling and paving the same, and installing concrete ourbs,gutt- ers and that same be improved with the following methods and materials, to-wit:- (a) Brick pavement. P r\, II. The City Engineer is hereby directed to have plans, profiles, spe- cifications and estimates embracing the foregoing materials and plans of improve- ment prepared, and to file the same with the Board of Aldermen, the City Engineer being so directed, therebeing no City Manager. III. The said improvements shall be paid for in the following manner, to-wit:- The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls, shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or be- fore thirty (30) days after date of completion and acceptance by the City of such improvementsW and the second shall be due on or before one year (1) after such date, and the third on or before two (2) years after such date of completion and acceptance, and the fourth on or before three (3) years after such date of com- pletion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (8) per cent per annum, payable annually, but such property, and the owners there- of, shall have the privilege of paying any of all of such installments at any time Before maturity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and holder of the certificate of special assessment issued in evidence thereof, mature the entire amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and charges and demands of whatsoever kind, excepting only State, County, and Municipal taxes. Bo assessment shall be levied against any lot or parcel of land, or the owner thereof, in excess of the special benefits of such lot or parcel of land in enhanced value thereof by means of such improvement, and no assess- ment shall be levied until after the notice and hearing as provided in the Char- ter and Laws in force and effect in this city, and in the ordinance and proceed- ings 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 ass- essments levied against the respective lots or parcels of property, and the own- ers thereof, shall be issued to the contractor or party performing and executing the work of such improvement and containing recitals lawful and properly appli- cable thereto, and the said improvements shall be executed, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assess- ment, and any other matters with reference to said improvement shall be done and performed in the manner and form provided by the Charter and Laws in force and effect to this City, and the proceedings, ordinances and resolutions of the Board of aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this 29th day of January 1923. ####0#######################14 RESOLUTION RESOLUTION DECLARING THE NECESSITY OF IMPROVING LAMAR STREET FROM THE SOUTH CURB LINE OF FIFTH STREET TO THE NORTH PROPERTY LINE OF SEVENTH STREET, STATING THE NATURE OF SUCH IMPROVEMENTS AND THe METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIREDTING THE CITY ENGINEER TO HAVE PLANS,PRO- FILES, SPECIFICATIONS AND ESTIMATES OF THE PROPOSED IMPROVEMENTS PREPARED: BE IT, AND 1T IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT 1. It is necessary that Lamar STREET from the South property line of Fifth Street to the North property line of Seventh Street be improved by raising grading, filling and paving the same and installing concrete curbs, and gutters, and that same be improved with the following methods and materials, to-wit: (a) Brick pavement. m • II. The City Engineer is hereby directed to have plane, profiles, spe- cifications and estimates embracing the foregoing materials and plans of improv- ement prepared, and to file the same with the Board of Aldermen, the City hngi- neer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner, to-wit:- The benefited and abutting property, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding ninety per cent of the remaining cost of such improvements, and the City of Wich- ita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due on or before thirdy (30) days after date of completion and acceptance by the City of such improvements, and the second shall be due on or before one year (1) after such date of completion and acceptance, and the fourth on or before three (3) years after such date of completion and acceptance. The entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight (8%) per cent per annum, payable annually, but such pro- perty, and the owners thereof, shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any instal- lment upon the maturity thereof shall at the option of the owner and holder of the certificate of special assessment issued in evidence thereof, mature the entire amount then unpaid; and the sums payable by the respective lots or parcels of property abutting upon the said improvement, and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge aga- inst such property, superior to all other liens o laims and charges and demands of whatsoever kind, excepting only State, County and Municipal 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 b means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. Iv. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property, and the owners thereof, shall be issued to the contractor or party performing and ex- exu.ting the work of such improvement and containing recitals lawful and properly 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 effect in thin City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this the 29th day of January 1923. Moved by Alderman Heed that the Water Department be authorized to install one fire plug at the corner of Love and Bass Streets and one at the corner Bass and the old Henrietta Hoad at an approximate cost of 4625.00 Motion seconded by Alderman Shepherd, and carried. Moved try Alderman Fitts that Commissioner Stayton be authorized to sell the old water tower to the Golf Club for y1,000.00 cash. Motion seconded by Alderman Clifford and carried. ##################### Moved by Alderman Shepherd that the appointment of John Martin to act as recorder of the Corporation Court in absence of Judge Chauncey be ratified and approved. Motion seconded by Alderman Clifford and carried. ### ######0########## Moved by Alderman Fitts that Harvey Harris be appointed recorder of the Corporation Court for a period of two years beginning February lst, 1903 and that Jojin Davenport be appointed special prosecutor of the Corporation Court effective February lst, 1923, for a period of two years. Motion seconded by Alderman Clifford and carried. ####### ############ ORDINANCE #429 AN ORDINANCE GIVING AND GRANTING TO THE WICHITA FALLS TRACTION COMPANY, ITS SUCCESSORS, ASSIGNS AND LESSEES, THE RIGHT TO EXTEND CONSTRUCT AND OPERATE A STANDARD-GUAGE CAR LINE OR LINES UN, OVER, ACROSS AND UPON THE FOLLOW- ING DESCRIBED AND NAMED STREETS IN THE CITY OF WICHITA FALLS, TEXAS, TO-WIT:- BEGINNING AT a POINT WHERE KEMP BOULEVARD INTERSECTS WITH "G" STREET THENCE IN AN EASTERLY DIRECTION ALONG "G" STREET TO BELL STREET, THENCE IN A NOR- THERLY DIRECTION ALONG HELL STREET TO "F" STREET, THENCE IN AN EASTERLY DIRECTION ON "F" STREET TO TEE INTERSECTION VP HARRISON, THENCE NORTH oh HARRISON TO THE INTERSECTION OF COLLINS, mAKING CONNECTION WITH TEE PRESENT LINE AT COLLINS AND HARRISON. PROVIDING THAT SAID 'TRACKS SHALL BE LAID IN uONFORMIT'Y WITH TEE FEAT NCHISE HERETOFORE GRANTED TO J. A. KEMP AND FRANK KELL ON 'THE 27TH DAY OF JANUARY 1909, AND ALL OF THE AMENDMENTS THERETO, aND THE t'HUVISIONS AND CONDITIONS OF SAID FRANCHISE AND AMHE DMENTS THERETO ARE EXPRESSLY MADE APPLICABLE TO THIS ORDI- NANCE, EXCEPT, HOWEVER, AS OTHERWISE PROVIDED IN THIS ORDINANCE. Moved by Alderman Fitts that Ordinance 429 be passed on its second reading. Motion seconded by Alderman Clifford and carried by the following vote:- Yeas: Shepherd, Reed, Fitts, Stayton, Clifford. Nayes: None. tiff################ Moved by Alderman Shepherd that sale made by Commissioner Fitts, of the old Studebaker car to Dan White for 450.00, one hundred dollars cash and balance at y40.00 per month be ratified and approved. Motion seconded by Alderman Stayton and carried. ####,r"iiit'14 ####### ORDINANCE 428 ORDINANCE TO CLOSE, VACATE AND ABANDON THE ALLEY RUNNING THROUGH BLOCK NO. THREE (3) OF THE WEST SIDE ADDITION TO THE FLORAL HEIGHTS ADDITION TO THE. CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS, ACCORDING TO THE RECORDED PLAT: SAID ALLEY RUNNING PARALLEL WITH GARFIELD STREET: ��A Moved by XLDERMAN Fitts that Ordinance No.428 be passed on its 1y�e4 -`� reading. Motion seconded by Alderman Shepherd and carried by the following vote:- Yeas: Shepherd, Reed, F':tts, Stayton, Clifford Hayes: None. ################## Moved by Alderman Shepherd that the ;1,000.00 bond furnished by W. E. McBroom, covering the period he was deputy City Clerk be cancelled and that the bonding company be released from further obligation under this bond provided however that the bonding company be not released from liability as to the time he was serving: as deputy City Clerk until the annual audit for the fiscal year ending March 31st, 1923 has been made and approved. Motion seconded by Alderman Clifford and carried. ############ ####### Moved by Alderman Stayton that the purchase made by Commissioner Shepherd for one desk and three chairs for the City Clerk's office for . 75.00 be ratified and a warrant be drawn covering cost of same. Motion seconded by Alderman Clifford and carried. #################### Moved by Alderman Clifford that the bill of C. M. McFarland for legal services rendered in the amount of ;50.00 be allowed. Motion seconded by Alderman Fitts and carried. ########k######### Moved by Alderman Clifford that time for paying City taxes for the year 1922, without penalty be extended to karch 1, 1923. Motion seconded by Alderman Fitts and carried. ################## Moved by Alderman Shepherd that the Police Department be authorized and instructed to issue a sepoial officers commission to Park Supt. Bunnenberg. Motion seconded by Alderman Fitts and carried. ################## Moved by Alderman Shepherd that the action taken in appointing a Hospital Board in joint session with the County Commissioners at 2 P. M. on this date be ratified and approved. Motion seconded by alderman Fitts and carried. ################# Moved by Alderman Aeed •that Commissioner Clifford be authorized to change the Whiteway outer globes and lamps. Motion seconded by Alderman Stayton and carried. ################ The Board of Aldermen then adjourned until 10 A. M. Wednesday January 31, 1923. �y �/ u , �J � � 5 �0 1' ice' 0 /923, Mayor ATTEST:e � k 8�� C ty Clerk