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Min 04/20/1922 Moved by Alderman Shepherd that the Street Commissioner be authorized to pave the apron on the East Side of the intersection at Indiana Avenue and Second Street. Motion seconded b; Alderman Fitts and carried. ######0#7###### The Board of Aldermen then went into executive session to discuss those matters that may be considered in executive session. The Board of Aldermen then went out of executive session. ############# Moved by Alderman Shepherd that J. W. McCormick be appointed Chief of Police in place of R. W. Morgan. Motion seconded by Alderman Clifford and carried. ############## Moved by Alderman Stanton that an assistant be employed in the City Attorney's office to handle the prosecutions in the Corporation Court. Motion seconded by Alderman Clifford and carried. • ##,tt#########u ###### Morgan Building Wichita Falls, Texas. April 20th 1922. The Board of Aldermen of the City of Wichita Falls, Texas, met in regular adjourned session at 10 A. M. on the above date with the follow- ing present:- Frank Collier, Mayor J. B. Fitts J. F. Reed B. Stayton f Aldermen N. M. Clifford R. E. Shepherd 1 Geo. W. Thorburn, City Clerk. ################# Moved by Alderman Fitts that the "Hearing to property hold- ers on Burnett Street paving be re-opened". Motion seconded by Alderman Shepherd and carried. ################ The Council was then addressed by several property holders on Burnett urging that the paving be ordered in and Alderman Fitts moved that the following Resolution be adopted:- Motion seconded by Alderman Shepherd and passed by the fol- lowing vote:- Yeas: Reed, Stayton, Pitts, Clifford, Shepherd. Hayes: None. • #t############### RESOLUTION CLOSING HEARING TO PROPERTY O'M ERS AND OTHERS IN- TERESTED IN IMPROVEMENT OF BURNETT STREET BETWEEN THE SOUTH PROPERTY LINE OF ELEVENTH STREET tO THE TWO HUNDRED THIRTY SIX FEET SOUTH OF SOUTH PROPERTY LINE OF EIGHTEENTH STREET AND DETERMINING AMOUNTS OF ASSESSZMNTS AGAINST ABUTTING LOTS,ANP PARCELS OF PROPERTY AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE @inn 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 improve& by raising, grading and filling same and installing concrete curbs, and gutter,and paving with Warrenite-Bitulithic. Pavement on concrete foundation, to-wit: All the unpaved portion of Burnett Street between the South property line of Eleventh Street and two hundred thirty six feet south of South Pro,,erty line of Eighteen- th Street. 41(? WHEREAS, by resolution of the Board of Aldermen ado ted on the 27th day of March 1922, it is ordered that a hearing to all owners of prop- erty abutting on said portion of said street, and all others interested, be held in the COUNCIL CHZBER, in the Morgan Building at 8:00 P. M. on the 17th day of April 1922, and that notice thereof be given; and, WHEREAS, due notice of the time and place of such hearing was given and such hearing held, and all parties, their agents and attorneys, and all others desiring to be heard, have been fully and fairly heard, and at such hear- ing the following protests were made: McIver, McClellan, Carpenter Sherrell Taylor, Morgan, Gilley. Russell Powell, Watson, McDowell, Perry, Anderson, Jeter, Gibson, Ki.lander,MoConnell McNeill, Cfawford Protesting against the cost of such improvements and that this is an inoppor- tune time therefor: 1. That all nrotests and objections, whether therein specifi- cally mentioned or not, be and they are hereby over-ruled. 2. 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 such improvement is that applied and shown on the estimates, reports and statements of the City Engineer filed on the 27th day of March 1922, and examined and approved by the Board, and that such produces and effects substantial equality and justice between the various lots and parcels of land shown and affected thereby and the respective owre rs, thereof and the Board further finds from the evidence that each parcel or lot of land abutting on said portion of Burnett Street will be benefited in enhanced value by means of such improvements on said portion of Burnett Street in an amount in excess of the portion of costs to be assessed against same as shown on said estimates, reports and statements of the City Engineer, and that each parcel or lot of land abutting on said portion of Burnett Street will be benefited in en- hanced value by means of such improvements on said portion of Burnett Street 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 Burnett Street will be benefited in bnhanced value by means of such improvements on said portion of Burnett Street in an amount in excess of the portion of costs proposed to be assessed 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 dir- ected 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 thereto. 5. That said hearing be and it is hereby closed as to all par- ties and as to all said impzzz>vements. 6. That this resolution take effect from and after its passage. ORDINANCE 406 "AN ORDINANCE ORDERING THE ItC'PROVBI:ENT OF A PORTION OF BURNETT STREET BETWEEN THE SOUTH PROPERTY LINE OF ELEVENTH STREET AND THE TOO HUNDRED THIRTY SIX FEET SOUTH OF SOUTH PROPERTY LINE OF EIGHTEENTH 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 IMPROVEMENTS,LEVY- ING ASSESSMENT THEREFORE,AND FIXING THE TERMS AND TIMES OF PAYMENT,AND THE RATE OF INTEREST THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES". was on motion of Alderman Fitts, seconded by Alderman Shep- herd placed on its first reading and passed by the following vote:- 411 • • • Yeas: Reed, Stayton, Clifford, Fitts, Shepherd Nayes: None. ############### Moved by Alderman Fitts that the rules requiring Ordinances to be read on three separate days be suspended and an emergency declared. Motion seconded by Alderman Shepherd and carried, by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Nayes: None. ################ Moved by Alderman Shepherd that Ordinance 406 be placed on its second reading. Motion seconded by Alderman Fitts and carried by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Nayes: None. ############## Moved by Alderman Reed That Ordinance 406 be placed on its third and final reading. Motion seconded by Alderman Shepherd and carried by follow- ing vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Hayes: None. ############### ORDINANCE 401 "AN ORDINANCE ORDERING THE IMPROVEL''ENT OF A PORTION OF ELEVEN- TH STREET BETWEEN WEST PROPERTY LINE OF INDIANA AVENUE AND THE 'EST PROPERTY LINE OF AUSTIN STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVERRNT AND PROVID- ING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS,LEVYING ASSESSMENT THEREFORE AND FIXING THE TERME AND TINS OF PAYMENT, AND TIE RATE OF INTEREST THEREON AND PROVIDING FOR THE ISSUAN- CE OF ASSIGNABLE CERTIFICATES". was on motion of Alderman Shepherd seconded by Alderman Fitts placed on its second reading and passed by the following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Nayes: None. • ###########ii## Moved by Alderman Shepherd that the rules requiring ordinan- ces to be read on three separate days be suspended and an emergency declared. Motion seconded by Alderman Fitts and carried by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Nayes: None. ########HH## Moved by Alderman Shepherd that Ordinance 401 be placed on its third and final reading. Motion seconded by Alderman Fitts and carried by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. • Nayes: None. ################## Moved by Alderman Stayton that the Mayor be authorized to sign contract with L. E. Whitham for paving in front of Water Tower on Burnett Street. Motion seconded by Alderman Clifford and carried. ################ Moved by Alderman Shepherd that the Mayor be authorized to sign contract with the West Texas Construction Co., for the paving on Burnett • Street between 11th and 18th Streets. Motion seconded by Alderman Reed and carried. ############ • , 412 Moved by Alderman Shepherd that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd. Reyes: None. RESOLUTION WHEREAS, contract in writing between the City of Wichita Falls and L. E. Whitham & Company, being one contract for the improvement of the following street in said city, to-wit:- Eleventh Street, from the West property line of Indiana Avenue to the West Property line of Austin Street, together with construction bonds and maintenance bonds required by each of said contracts, are this day presented to the Board of Aldermen for adoption and accroval; and, WHEREAS, the bid of L. E. Whitham & Company for the making and construction of, the improvements provided for in the said contracts, has after due advertisement and notice, been made and upon the opening of the bids said contracts were awarded to the said Company; and, WHEPEAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in each of the said contracts to be paid for by the City of ,,ichita Falls: THEREFORE, be it resolved by the Board of Aldermen of the City of ,iohita Falls, that there be and is hereby set aside and appropriated out of the funds available for that purpose, the sum of 07,890.76 to pay and defray all that portion of the cost of improving said portion of Eleventh Street, to be paid for by the City of Wichita Falls: The said contracts and the construction bond and maintenance bonds being one contract for said street, and one construction bond and one maintenance bond for said street, be and the same are hereby approved and ad- opted, and the Mayor is hereby authorised to execute and sign the said contra- cts, and each of them, in the name of the City. That this resolution shall take effect from and alter its passage. 413 Moved by Alderman Shepherd that the following resolution be adopted:- Motion seconded by Alderman Stayton and carried by following vote:- Yeas: Heed, Stayton, Clifford, Fitts, Shepherd. Hayes: None. ###H########## ##### RESOLUTION WHEREAS, contract in writing between the City of Wichita Falls, and West Texas Construction Company, for the improvement of the following Street in said City, to-wit: Burnett Street from the South Property line of Eleventh Street to the two hundred thirty six feet south of South Property line of Eighteenth Street, together with construction bond and maintenance bond required thereby, are this day presented to the Board of Aldermen for adoption, and approval; and, W UREAS, the bid of the West Texas Construction Company for the making and construction of the improvements provided for in the said cont- ract, has after due advertisement and notice, been made and upon the opening of the bids said contract was awarded to the said Companyp and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said contract to be paid for by the city of Wichita Falls:- Therefore, be it resolved by the Board of Aldermen of the City of ..ichita Falls, that there be and is hereby set aside and appropriated out of the funds available for that purpose, the sums 15•,729.29 to pay and defray all that portion of the cost of improving said portion of Burnett Street to be paid for by the City of ichita Falls; The said contract and the construction bond and maintenance bond be and the same are hereby approved and adopted, and the Mayor is hereby authorized to execute and sign the said contract in the name of City. That this resolution shall take effect from and after its passage. Approved and passed this day of 1922. ####fir####### Moved by Alderman Shepherd that the Mayor be authorized to execute a Quit-Claim Deed unto F. M. McKinley to that certain tract or parcel of land laying in the County of Wichita and State of Texas described as follows to-wit: Lots numbers 22 and 23 in Block No. 262 of the original plat of the town of Wichita Falls, Texas according to T. D. Thompson's sub-division of said Block. Motion seconded by Alderman Clifford and carried. ####-u4 un "n Moved by Alderman Fitts that Alderman Shepherd, City Attorney Mann, and City Tax Collector be appointed a committee to work out a method of collecting delinquent taxes and report to City Council. Motion seconded by Alderman Clifford and carried. ########### Moved by Alderman Shepherd that the following resolution be adopted:- Motion seconded by Alderman Fitts and carried by following vote:- Yeas: Reed, Stayton, Clifford, Fitts, Shepherd, Hayes: None.�g� y �y� �yy,�� r########## ## #'tl'1I•# RESOLUTION WHEREAS, contracts in writing between the West Texas Const- ruction Company and the City of .'ichita Falls, for the performing of all work of excavation in connection with the improvement of Burnett Street from the South property line of Eleventh Street to 236 feet South of South Property line of Eighteenth Street and binding the City of .ichita Falls, for the prices therein names, and upon the terms therein set forth, to do and perform all work of excavation upon said street, as is provided in the contract, being one-con- tract for said street, are this day presented to the Beard of Aldermen for ado- ption and approval; and, 414 • WHEREAS, it is deemed advisable to enter into said contracts upon the terms set forth therein, and for the compensation therein provided. therefore, Be It Resolved by the Board of Aldermen of the City of Wichita Falls: 1. That the City of Wichita Falls do enter into contracts with the West Texas Construdtion Company, binding the city to do and perform all the work of excavation shown in said contract, and on the said street, being a sep- arate contract for each of the said portions of the street above set forth,at and for the prices and upon the terms therein stipulated and set forth. 2. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said con- tract in the name of the city. 3. That this resolution shall take effect from and after its passage. Passed and approved this day of 1922. ########H###### Moved by Alderman Fitts that the Board adjourn until 4 P.M Monday April 24th 1922. Motion seconded by Alderman Clifford and carried. ################ # Morgan Buniding Wichita Falls, Texas. April 24th 1922. The Board of Aldermen of the City of Wichita Falls met in regular adjourned session at 4 P. M. on the above date with the following pre- sent:- Frank Collier, Mayor J. F. Reed Burton Stayton ( Aldermen J. B. Fitts E. M. Clifford R. E. Shepherd ( Geo. W. Thorburn, City Clerk • ########## #### Moved by Alderman Fitts that A. F. Appleby be permitted to build and operate a soft drink stand on rear of lot 701 Adams Street, Wichita Falls under usual provisions to-wit: That the said A. F. Appleby his successors and assigns, legal representatives and administrators shall remove said building whenever such re- quest is made by the Board of Aldermen. Motion seconded by Alderman Reed and carried. ############### Moved by Alderman Reed that I. H. Roberts.be instructed to place fourteen markers at positions designated by Police Commissioner Fitts. Motion seconded by Alderman Fitts and carried. ############### • Moved by Alderman Shepherd that W. E. McBroom be named as official auditor for the City. Motion seconded by Alderman Fitts and carried. ############## The Board of Aldermen then aft4ourned. '—_^-- Read and approved this t#- day of 1922. ATTEST. Mayor i y Clerk 41_5