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Min 03/27/1922 Morgan Building Wichita Falls, Texas March 27th 1922 The Board of Aldermen of the City of Wichita Falls, Texas,met in regular session on the above date with the following present:- W. D. Cline, Mayor W. N. Bonner i W. S. Curlee J. F. Reed 4 ALDERMEN J. B. Fitts m Geo. W. Thorburh, City Clerk A petition signed by the residents of the Kemp Addition was presented by Harrison Welch asking for water service in said addition. The petition was referred to F. N. Lawton manager of the Water Department. The public hearing of property owners on Eleventh Street Easing was then had and sever protests made and after all had been heard alderman Bon- ner moved that the following Resolution be adopted. Motion seconded by Alderman Fitts and carried by the following vote:- Yeas: Reed, Curies, Fitts, Bonner. Nayes: None. 'i #### # RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INTEREI ST IN IMPROVEMENT OF ELEVENTH STREET BETWEEN THE WEST PROPERTY LINE OF AUSTIN STREET AND THE EAST PROPERTY LINE OF GRACE STREET AND DETERMINING AMOUNTS OF ASS- ESSIENTS AGAINST ABUTTING LOTS, AND PARCELS OF PROPERTY, AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT: WHERPIAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the following portion of Street in said City improved by rais- ing, grading and filling same and installing concrete curbs and gutters, and pav- ing with Warrenite-Bitulithie Pavement on concrete foundation, to-wit: All the unpaved portion of Eleventh Street between the West Property line of inattnStreet and the East Property line of Grace Street. WHEREAS, by resolution of the Board of Aldermen adopted on the 6th day of March 1922, it is ordered that a hearing to all owners of property abutting on said portion of said street, and all others interested, be held in the Council Chamber in the Morgan Building at 7:30 P. M. on the 27th day of March 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 hearing the following protests were made: H. E. Wilson, 1510 llth Street H. E. Wilson 1508 llth Street J. A. Deaton 910 llth Street protesting against the cost of such improvements and that this is an unopportune time therefor:- 1. That all protests and objections, whether.therein specifically mentioned or not, be and they are hereby over-ruled. 2. That the Board of Aldermen finds from the e9ridence 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 egidence 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 6th day of March 1922, and examined and approved by the Board, and that such 395 produces and effects substantial equality and justice between the various lots and parcels of land shown and affected thereby and the respective owners thereof, and the Board further finds from the evidence that each parcel or lot of land s abutting on said portion of Eleventh Street will be benefited in enhanced value by means of such improvements on said portion of Eleventh Street in an amount of the portion of costs to be assessed against same as shown on said estimates, re- ports and statements of the City Engineer, and that each parcel or lot of land abutting on said portion of Eleventh Street will be benefited in enhanced value by means of such improvements on said portion of Eleventh 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 Eleventh Street will be benefited in enhanced value by means of such improvements on said portion of Eleventh 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 dire- cted to prepare farm 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 parties and as to all said improvements. 6. That this resolution take effect from and after its passage. Approved:- ATTEST:- Mayor City Clerk Moved by Alderman Bonner that the following Resolution be adopted. • Motion seconded by Alderman Fitts and carried by following vote; Yeas: Reed, Curies, Fitts, Bonner. Hayes: None. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INT- EREST IN IMPROVrMENT OF ELEVENTH STREET BETWEEN WEST PROPERTY LINE OF INDIANA AVENUE AND WEST PROPERTY LINE OF AUSTIN AVENUE AND DETERMINING AMOUNTS OF ASS- ESSMENTS AGAINST ABUTTING LOTS, AND PARCELS OF PROPERTY, AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDER/EN OF THE CITY OF WICHITA FALLS: THAT: WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the following portion of Street in said City improved by raising, grgding and filling same and installing concrete curbs and gutters, and paving with reinforced concrete all the unpaved portion of Eleventh betw- een W. P. L. Indiana and W. P. L. Austin Avenue. WHEREAS, by resolution of the Board of Aldermen adopted on the 6th day of March 1922, it is ordered that a hearing to all owners of property abutting on said portion of said street, and all others interested, be held in the Council Chamber in the'Morgan Building at 7:30 P. M. on the 27th day of March 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 hearing the following protests were made: . 39e • I. A. Farris, llth & Scott Kate M. Clasby 11th & Lamar W. C. Heath 1008 Travis. protesting against the cost of such improvements and that this is an unopportune time therefor: 1. • That all protests and objections, whether therein specifically 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 en the estimates, reports and atatements of the City Engineer filed on the 6th 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 owners thereof, and the Board further finds from the evidence that each parcel or lot of land abutting on said portion of Eleventh Street will be benefited in enhan- ced value by means of such improvements on said portion of Eleventh Street in an amount in excess of the portion of eobts 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 Eleventh Street will be bene- fited in enhanced value by means of such improvements on said portion of Eleventh Street in an amount in excess of Vs 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 Eleventh Street will be benefited in enhanced value by means of such improvements on said portion of Eleventh 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 direct- ed 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 parties and as to all said improvements. r" 6. That this resolution take effect from and after its passage. Approved. ATTEST: Mayor City Clerk ORDINANCE 400 "AN ORDINANCE ORDERING THE IML'ROVESENT OF A PORTION OF ELEVENTH STREET BETWEEN TEE WEST PROPERTY LINE OF AUSTIN STREET AND THE EAST PROPERTY LINE OF GRACE STREET DESIGNATING TEE MATERIALS AND METHOD OF IMPROVEMENT AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS, LEVYING ASSESSMENT THEREFORE,AND FIXING THE TERMS AND TIMES OF PAYMENT AND THE RATE OF INTEREST THEREON,AND PROVIDING FOR TEE ISSUANCE OF ASSIGNABLE CERTIFICATES". Was on motion of Alderman Bonner, seconded by Alderman Curlee placed on its first reading and passed by the following vote. Yeas: Reed, Curlee, Fitts, Bonner Nayes: None. 397 3 • ORDINANCE 401 "AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF ELEVENTH STREET BETWEEN WEST PROPERTY LINE OF INDIANA AVENUE AND THE WEST PROPERTY LINE OF AUSTIN STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVELIOT AND PROVID- ING FOR THE CONSTRUCTION THEREOF BY CONTRAST, AND PROVIDING FOR THE PAYMENT OF TEE COST OF SUCH IMPROVDIZTS, LEVYING ASSESSMENT THEREFORE, AND FIXING THE TERMS AND TIMES OF PAYMENT, AND THE RITE OF INTEREST THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES". was on motion of Alderman Bonner seconded by Alderman Curlee placed on its first reading and passed by following vote:- Yeas: Reed, Curlee, Fitts, Bonner. Hayes: None. #################### Moved by Alddrman Curlee that the following Resolution be adopted. Motion seconded by Alderman Bonner and carried by following vote. Yeas: Reed, Fitts, Curiae, Bonner. • Hayes: None. ################# RESOLUTION DIRECTING TEE CITY ENGINEER TO MAKE A FILE REPORT WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF BURNETT STREET FROM THE SOUTH PROPERTY LINE OF ELEVENTH STREET TO 236 FEET SOUTH OF SOUTH IROPERTY LINE OF EIGHTEENTH STREET. BE IT RESOLVED BY THE BOARD OF ALDERbN OF THE CITY OF WICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Burnett Street from its inter- section with the South Property Line of llth Street to its intersection with two hundred thirty six feet south of South property line of Eighteenth Street by raising, grading and filling same and installing concrete curbs and gutters, and pavement with 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 has determined to make the same in the manner and with the Warrenite-Bitulithic Pavement, and concrete foundation, as shown in specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with prov- isions 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 thereof, the amount proposed to be assessed against each lot or parcel of land abutting thereon and benefited there- by and the owner thereof, a description of each such lot or parcel of property and the name of the owner thereof, the rate per lineal foot proposed to be ass- essed 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 aid shall show the estimated amount of damages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said improvements, Such report shall in all respects comply with the peovisions of the the City Charter and with Chapter II of Title 22 of the Reirised Statutes of State of Texas of 1911, and in all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of Burnett Street. II. This resolution shall take effect from and after its passage. ################# The City Engineer then presented the following estimate; TO THE MAYOR AND BOARD OF ALDERMEN OF THE OITY OF WICHITA FALLS, TEXAS: GENT T,RMEN: I hand you herewith report and estimate of the cost of improv- ing Burnett Street from its intersection with the South Property line of 11th Street to its intersection with two hundred thirty six feet south of South Prop- erty line of Eighteenth Street, and showing the amount to be assessed against such property owners, etc., as required by the Charter and Laws and by the pro- 98 ceeding of your Honorable Body; As is shown on this report the estimated amount payable by the City for this improvement will be $15.729.29; The estimated amount payable by the owners of property will be $51,257.43; The estimated cost to property owners per lineal foot of curb is $0.6489; The estimated amount to be assessed for excavation for pavement is "O.9144 per front foot: • 11.\\ The estimated cost to be assessed against property owners for pavement, including base, is $7.8698 per front foot: The estimated cost to be assessed against property owners, ex- clusive of the cost of curb, is $8.7842 per front foot: The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gut- ters and Warrentte Bitulithic Pavement on concrete foundation, all in accordance with the specifications therefor heretofore filed with this Honorable Body. Respectfully submitted, Signed: Julian Montgomery City Engineer. # ########## Moved by Alderman Bonner that the following Resolution be adop- ted. Motion seconded by Alderman Curlee and carried by following vote: Yeas: Reed, Fitts, Curlee, Bonner. Naves: None. RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOR TEE IMPROVEMENT OF BURNETT STREET FROM ITS INTERSECTION PITH THE SOUTH PROPERTY LINE OF ELEVENTH STREET TO ITS INTERSECTION WITH TWO HUNDRED THIRTY SIX FEET SOUTH OF THE SOUTH PROPERTY LINE OF EIGHTEENTH STREET, FIXING A TIME AND PLACE FOR a HEARING TO PROPERTY O;7NERS AND OTHERS INT- ERESTED, AND DIRECTING TEE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT; WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has heretofore ordered the improvement of Burnett Street, from its inter- section with the South Property line of E$eventh Street to its intersection with two hundred thirty six feet south of South Property line of Eighteenth Street, and has received estimates, plans and specifications from the City Engineer, and after adoptionof same and after due advertisement and notice, competitive bids were received and it has been determined that all cost of constructing curbs al- ong said portion of said street and three-fourths of the remaining cost of such improvement as determined at the hearing hereinafter mentioned, shall be assess- ed 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 filed with the Mayor and Board of Aldermen his report and estimate of the cost of siok 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 recuired by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corr- ected: I. That said report of the City Engineer filed on the 27th day of March 1922, be and is hereby adopted and approved. II. That a hearing shall be given to the owners of property pro- posed to be assessed for the said improvements, being the property abutting on said portion of said street, and to all others interested, and same shall be given and held in the Council Chamber in the Basement of the Morgan Building in the City of Wichita Falls at 8 o'clock P. M. on the 17th day of April A. D 1922, and at which hearing and at said time and place the owners of said property or any of them, their agents or attorneys, or anyone else in any manner inter- ested either in the said property or in said improvements or in the manner of method 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 of 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 39 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 to or connected with the said improvement, contract proceed- ings or assessment therefor, or the method or manner of paying for same. III. That any claim for damage 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, pre- tests and objections whatsoever will be passed upon by the Board, and said hear- ing may be continued from time to time until all desiring to be heard 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 owners thereof and will determine the lots or par- eels benefited by means of said imrrovement, and will determine the amount of damages, if any, to each lot or parcel 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 assess- , ment, and in any proceeding with reference to the making or construction of said improvement', 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 accordance with the terms required and provided by law in force in this city, and the City Charter, and the ordinances, resolutions and other proceeding of this Board. After such hearing is closed anyone desiring to appeal there- from shall prosecute an appeal to any court having jurisdiction within 20 days from the date such hearing is closed and final assessments 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 assessment, to be forever barred and estopped 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 int- erested by causing such notice to be published in the official newspaper of the City, which notice shall be in substantially the following form; toewit "TO THE OWNERS OF PROPERTY ABUTTING ON BURtNETT STREET BETS7EEN ELEVENTH AND EIGHTEENTH STREET, AND TO.ALL OTHERS INTERESTED"; Notice is hereby given of the intention of the city to proceed with the improvement of Burnett Street from its intersection with the South Property line of 11th Street to its intersection with two hundred thirty six feet South of South property line of Eighteenth Street, by raising, grading and filling same and installing concrete curbs and gutters and Is ving with Warrenite Bitulithic Pavement on concrete foundation,!and all lots and land abutting on said street itnd all lots and land benefited by means of the said improvement, and such assessment, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim qua charge against the owners thereof. On the 17th day of April A. D. 1922, in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 8:00 o'clock P. M., all such owners and their agents or attorneys, or any other persons or parties des- iring to be heard, will be fully heard by the Board of Aldermen and aiy pro- tests, objections or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined and the amounts to be assessed against each such lot or parcel of land and the owner thereof will be determined and an assessment therefor will be levied. Plans and specifications for the improvement, and form of con- tract and report of Engineer showing estimated cost therefor, and estimated amount of assessment against each such lot or parcel of land and the owners thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is $66,986.72 The estimated amount to be assessed against property owners is / \ $51,257.43. The estimated amount to be assessed for curb is 0.6489 per lineal foot of curb; and The estimated amount of the assessment against property owners and their property for pavement and excavation is $"8.7842 per front foot. 400 All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with the said improvements, the assessment therefor, the benefits thereof, the damages resulting therefrom or the proceedings connected therewith, shall be and appear before said Board of said time and place. Done in accordance with resolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the 27th day of March A. D. 1922. Signed: Geo. W. Thorburn, City Clerk And said notice shall be published in said paper 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 said notice such letter to be deposited in the Post Office at Wichita Falls, but such notice by 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 27th day of March A. D. 1922. Signed: W. D. Cline, Mayor ATTEST:- Signed: Geo. W. Thorburn City Clerk. Moved by Alderman Bonner that whereas a petition has been pre- sented to the Board of Aldermen from the residents on Collins Street between Clark and Bridwell Streets requesting the removal of the Traction Co., tracks on that Block, and Whereas the Wichita Falls Traction Company has also requested permission from the Board of Alderman to remove said track, therefore the Board of Aldermen of the City of Wichita Falls does We authorize the said Traction Company to remove said tracks on Collins Street between Clark and Bridwell Street Motion seconded by Alderman Fitts and carried. ########### The Board of Aldermen then adjourned. Read and approved this day of a/44f 1922. Lc-4a Mayor ATTEST:- City Clerk 401