Min 03/06/1922 Morgan Building
Wichita Falls, Texas
March 6th 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. N. Bonner, Mayor Pro-tem
W. S. Curlee 4
J. B. Fitts 6 Aldermen
R. E. Shepherd 9
Geo W. Thorburn, City Clerk
############### ##
Moved by Alderman Curlee that Joseph Weidman be appointed pres-
iding Judge, J. 0. Bentley Assistant Judge and Bobby Burns Clerk of the City
Hall Bop(, for the election to be held on April 4th 1922 in place of Nat L. Inge
Presiding Judge, J. B. Stokes Jr., Assistant Judge, Jerome Stone, Clerk.
Motion seconded by Alderman Pitts and carried.
################H
Alderman Curlee reported that he had consummated trade for the
opening of Broad Street into the Sibley Taylor Addition by purchasing the right- / 1
of-way for $1250.00 cash and deeding a portion of Chester Street, which shad
been deeded to the City by Sibley et al and Alderman Fitts moved that this trade
be ratified and approved, which motion was seconded by Alderman Shepherd and
carried.
################fir
Moved by Alderman Fitts that Broad Street be opened up into
Sibley Taylor Addition and that the Railroad Company be requested to make prop-
er crossing at once.
Motion seconded by Alderman Fitts, and carried.
################
Moved by Alderman Fitts that J. D. Marton and Fred Naatz be
permitted to operafte a Grocery Store at 515 Mississippi Street under the usual
conditions to-wit:
That the said J. D. Marconi and Fred Naatz, their successors and
assigns legal representatives and administrators hold the City harmless from
any damages that may arise from the operation of said Grocery Store and that
they will discontinue the operation of said store whenever such a request is
made by the Board of Alderman of the City of Wichita Falls, Texas.
Motion seconded by Alderman Curlee and carried.
##################
Moved by Alderman Curlee that the Wichita Traction Company be
requested to repair their tracks at Lamar and Tenth Street.
Motion seconded by Alderman Shepherd and carried.
#################
ORDINANCE 395
"AN ORDINANCE PROVIDING FOR THE WORKING OF PRISONERS CONVICTED
IN THE CORPORATION COURT".
Was on motion of Alderman Fitts, seconded by Alderman Shepherd
placed on its first reading and passed by the following vote:-
Yeas: Fitts, Shepherd, Curlee.
Hayes: None.
##############
Moved by Alderman Curlee that the following Resolution be adop-
ted.
Motion seconded by Alderman Shepherd and carried by the follow-
ing vote:-
Yeas: Curlee, Shepherd, Fitts.
Hayes: None.
################
378
RESOLUTION
RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE. A FILE REPORT
WITH THE BOARD OF ALDERMAN SHOWING ESTIMATED COST OF IMPROVEEMENT OF ELEVENTH
STREET PROM THE WEST PROPERTY LINE OF AUSTIN STREET TO TEE EAST PROPERTY LINE
OF GRACE STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FATJS, TEXAS: THAT,
WHEREAS, The Board of Alderman of the City of Wichita Falls,
Texas, has heretofore ordered the improvement of Eleventh Street from its in-
tersection with the West Property line of Austin Street to its intersection
with the East Property line of Grace Street, by raising, grading and filling
same and installing concrete ourbs 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-Bitulithio
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 improve-
ments, the proportion thereof to be paid by the City, the proportion to be
assessed against the abutting property and the owners thereof, the amount pro-
posed to be assessed against each lot or parcel of land abutting thereon and
benefited thereby, 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 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, a
and such report may show any other matters or things, and shall show the est-
imated 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 provisions of the City Charter and
with Chapter II of Title 22 of the Revised Statutes of the State of Texas of
1911, and in all respects comply with the resolutions and other prooeedings of
this Board with reference to the proposed improvement of said portion of Elev-
enth Street.
II.
This resolution shall take effect from and after its passage.
HHH
It was then moved by Alderman Curlee that the following Reso-
lution be adopted.
Motion seconded by Alderman Shepherd and carried and passed
by the following vote:
Yeas: Curlee, Fitts, Shepherd.
Hayes: None.
RESOLUTION
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER
AS TO TEE COST AND ASSESSMENTS FOR THE IMPROVFMFNT OF ELEVENTH STREET FROM ITS
INTERSECTION WITH THE WEST PROPERTY LINE OP AUSTIN STREET TO ITS INTERSECTION
WITH THE EAST PROPERTY LINE OF GRACE STREET, FIXING A TIME AND PLACE FOR A HEAR-
ING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO
GIVE NOTICE THEREOF,AND PRESCRIBING TEE FORM OF SUCH NOTICE.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS: THAT,.
379 •
WHEREAS, the Board of Alderman of the City of Wichita Falls, Texas
has heretofore ordered the improvement of Eleventh Street from its intersection
with the West property line of Austin Street to its intersection with the East
property line of Grace Street, and has received estimates, plans and specificat-
ions from the City Engineer, and after adoption of same and after due advertise-
ment and notice, competitive bide were received and it has been determined that
all cost of constructing curbs along said portion of said street and three-fourths
of the remaining cost of such improvement as determined at the hearing herein-
after mentioned, shall be assessed against the property abutting thereon and aga-
inst the owners thereof, and that said property is the property that will be bene-
fited 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 im-
provement, and the estimated amount to be assessed against each lot or parcel of
land, and the owner thereof, and showing other matters 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 said report of the City Engineer filed on the 6th day of
February 1922, be and is hereby adopted and approved.
II.
That a hearing shall be given to the owners of property proposed
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 Fella at 7:30 o'clock, P. M., on the 27th day of March A. ➢.
1922, and at which hearing and at said time and place the owners of said prop-
erty, or any of them, their agents or attorneys, or anyone else in any manner
interested 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 demotes 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,
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 conneoted 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 pre-
sented 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 untill 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 det-
ermine the amounts to be assessed against each lot or parcel of property and aga-
inst the owners 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 parcel of property and the owner thereof, the enhanced value bf 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 proceed-
ing with reference to the making or construction of said improvements, 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 ado-
ordanee 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 therefrom
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 interested
by causing such notice to be published in the official newspaper of the City,
which notice shall be in substantially the following form: to-wit:
380
"TO THE OWNERS OF PROPERTY ABUTTING ON ELEVENTH STREET BETWEEN
AUSTIN STREET AND GRACE STREET, AND TO ALL OTHERS INTERESTED".
Notice is hereby given of the intention of the City to proceed
with the improvement of Eleventh Street from its intersection with the West
property line of Austin Street, to its intersection with the East property line
of Grace Street, by raising, grading and filling same and installing concrete
curbs and gutters and paving with Warrenite-Bitulithic Pavement on concrete foun-
dation, and all lots and land abutting on said street and all lots and land bene-
fited 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
and charge against the owners thereof.
On the 27th day of March A. D. 1922, in the Council Chamber in
the Morgan Building in the City of Wichita Falls, at 7:30 o'clock P. M., 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, obj-
ections or claims will be folly 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 contract
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 $54,943.47.
The estimated amount to be assessed against property owners is
$43,630.32.
The estimated amount to be assessed for curb is $0.416488 per
lineal foot of curb; and
The estimated amount of the assessment against property owners
and their property for pavement and excavation is $9.63334 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 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 6th day of March A. D. 1922.
City Clerk
And said notice shall be published in said paper not less than
four times and the first of said publications shafl 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, but etch notice by letter shall be cumulative of the notice by adver-
tisement, 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 day of March A. D. 1922.
City of Wichita Falls, Texas
Steed: By W. N. Bonner, Mayor Pro-tem
City Clerk
# mom`
Moved by Alderman Curlee that the following Resolution be adop-
ted.
Motion seconded by Alderman Shepherd and carried by the following
vote:-
Yeas: Curlee, Shepherd, Fitts,
Nayes:None.
381
RESOLUTION
RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE A FILE REPORT WITH
THE BOARD OF ALDERREN SHOWING ESTIMATED COST OF IMPROVEMENT OF ELEVENTH STREET
FROM INDIANA AVENUE TO LAMAR AVENUE.
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 Eleventh Street from Indiana
Avenue to Lamar Avenue by raising, grading and filling same and paving with
c mcrete and has caused advertisements for bids for the making and construction
of the said improvements to be made, and bids therefore have been taken and said
Board has determined to make the same in the manner and with concrete pavement
as shown in specifications adopted therefore.
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 improve-
ments, the proportion thereof to be paid by the City, the proportion to be ass-
essed 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
thereby, and the owner thereof , a description of each such lot or parcel of pro-
perty, and the name of the 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 pave-
ment 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 z
any other matters or things, and 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 provisions of the City Charter and with Chapter II of Title 22,
of the Revised Statutes of the State of Texas of 1911, and in all respects comply
with the resolhtions and other proceedings of this Board with reference to the
proposed improvement of said portion of Eleventh Street.
II.
This resolution shall take effect from and after its passage.
##### ###4######
It was then moved by Alderman Curlee that the following Resolut-
ion be adopted;-
Motion seconded by Alderman Shepherd and carried by following wote;
Yeas: Curlee, Fitts, Shepherd.
Noyes: None.
#####################
RESOLUTION
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF TEE CITY ENGINEER
AS TO THE COST AND ASSESSMENTS FOR THE IMPROVEMENT OF ELEVENTH STREET FROM INDIANA
AVENUE TO LAMAR AVENUE, FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS
AND OTHERS INTERESTED, AND DIRECTING THE 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, TFaAS; THAT,
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas
has heretofore ordered the improvement of Eleventh Street from Indiana Avenue to
Lamar Avenue,and has received estimates, plans and specifications from the City
Engineer, and after adoption of same and after due advertisement and notice comp-
etitive bids were received and it has been determined that all cost of constructs
ing curbs along said portion of said street and three-fourths 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 filed with the Mayor and Board of
Aldermen his report and estimate of the cost of such improvement, and the estima-
ted amount to be assessed against each lot or parcel of land, and the owner there-
, of, and showing other matters and things required by law and the City Charter and
382
the proceedings of this Board for such reports, and same has been examined and
corrected:
I.
•
That said report of the City Engineer filed on the 6th day of
February 1922, be and is hereby adopted and approved.
•
II.
• That a hearing shall be given to the owners of property proposed
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 7:30 o'clock, P. M. on the 27th day of March 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 interested eith-
er 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, 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
pr connected with the said improvement, contract proceedings or assessment there-
for, 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 pre-
sented either orally or in writing, and at such hearing all claims, protests
and ovjections whatsoever will be passed upon by the Board, and said hearing 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 parcels benefited
by means of said improvement, 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 assessment, and in any pro-
ceeding with reference to the making or construction of said improvements, 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 *.nd 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 therefrom
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 ®stopped 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 newspaper of the City,
which notice shall be in substantially the following form: to-wit:
"TO*THE OWNERS OF PROPERTY ABUTTING ON ELEVENTH STREET FROM
INDIANA AVENUE TO LAMAR AVENUE, AND TO ALL OTHERS INTERESTED":
Notioe is hereby 'given of the intention of the City to proceed
with the improvement of Eleventh Street from Indiana Avenue to Lamar Avenue,by
raising,aad -filling'same and paving with COnotrete, slain lots 9:nd land abutt-
ing'on said street and all lots and land benefited by means of the said improve-
ment, and such assessment, when levied, shall be a first and prior lien upon the
lots and land assessed, and a personal claim and charge against the owners there-
of.
On the 27th day of March A. D. 1922, in the Council Chamber in the
Morgan Building in the City of Wichita Falls, at 7:30 o'clock P. M., 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.
•
383
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 lev-
ied.
Plans and specifications for the improvement, and form of contract
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 coat of the said improvement is $13,573.36
The estimated amount to be assessed against property owners is
$10,368.40.
The estimated amount to be assessed for curb is 40.5488 per lin-
eal foot of curb; and
The estimated amount of the assessment against property owners
and their property for pavement and excavation is (a) Indiana le geott 8.8456
(b) Scott to Lamar 7.1811
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 of said time and place.
Done in accordance with resolution of the Board of Aldermen of
the City of Wichita Falls, Texas. on the 6th day of March A. D. 1922.
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
the 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 day of March A. D. 1922.
City of Wichita Falls Texas
Per. W. N. Bonner, Mayor Pro-tem
City Clerk
Moved by Alderman Curlee that the following Resolution be adopted.
Motion seconded by Alderman Shepherd and carried by the following
vote:-
Yeas: Curlee, Shepherd, Fitts,
Noyes: None. g�yyyy.g# ####1ggly1.gAA:tt
RESOLUTION
RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE A FILE REPORT
WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF ELEVENTH
STREET FROM ALLEY WEST OF LAMAR TO WEST PROPERTY LINE'OF AUSTIN STREET.
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 Eleventh Street from Alley West of
Lamar Avenue to West Property Line of Austin Street, by raising, grading and fil-
ling same and paving with Concrete and bee causad advertisements for bids for the
making and constru3tion of tEe laid improvements to be made, and bids therefore
have been taken, and said Board has determined to make the same in the manner
and with Concrete pavement as shown in specifications adopted therefore.
{ 384
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 thereof the amount proposed to be assessed
against each lot or parcel of land abutting thereon and benefited thereby, 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 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 dhow any other matt-
ers or things, and 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
provisions of the City Charter and with Chapter II of Title 22 of the Revised
Statutes of the State of Texas of 1911, and in all respects comply with the
olutions and other proceedings of this Board with reference to the proposed
provement of said portion of Eleventh Street. ir
II.
This resolution shall take effect from and after its passage.
It was then moved by Alderman Curlee that the following Resolut-
ion be adopted.
Motion seconded by Alderman Shepherd and carried by following vote;
Yeas: Curlee, Fitts, Shepherd
Hayes: None.
F#################
RESOLUTION
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER
AS TO THE COST AND ASSESSMENT FOR THE IMPROVEMENT OF ELEVENTH STREET FROM ALLEY
WEST OF TAMAR TO W. P. L. OF AUSTIN STREET, FIXING A TIME AND PLACE FOR A HEAR-
ING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE 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 Eleventh Street from Alley west of
Lamar to W. P. L. of Austin Street, and has received estimates, plans and spec-
ifications from the City Engineer, and after adoption of same and after due adver.
tisement and notice, oompetitite bids were received and it has been determined
that all cost of constructing curbs along said portion of said street and three.
fourths 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
filed with the Mayor and Board of Aldermen his report and estimate of the coat
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 re-
quired by law and the City Charter and the proceedings of this Board for such
reports, and same has been examined and corrected:
I.
That said report of the City Engineer filed on the 6th day of
February 1922, be and is hereby adopted and approved.
II.
That a hearing shall be given to the owners of property proposed
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 7:30 o'clock P. M., on the 27th day of March 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 interested eith-
er 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
385
•
said property in enhanced value by means of said improvement, 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 proceedings 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, pro-
tests 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 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
parcels benefited by means of said improvement, 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 improve-
ment, and will correct any errors, mistakes, or invalidities in any proposed
assessment, and in any proceeding with reference to the making or construction
of said improvements, or the levying of assessments therefor, and will there-
after, by ordinance, make and levy assessments against each such pieaoe or par-
cel 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, reso-
lutions and other proceeding of this Board.
After such hearing is closed anyone desiring to appeal therefrom
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 for-
ever barred and estopped from in any manner doubting or resisting same or ass-
erting 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 City
which notice shall be in substantially the following form to-wit:
"TO THE OWNERS OF PROPERTY ABUTTING ON ELEVENTH STREET FROM
ALLEY WEST OF LAL;AR TO WEST PROPERTY LINE OF AUSTIN STREET, AND TO ALL OTHERS
INTERESTED:"
Notice is hereby given Of the intention of the City to proceed
with the improvement of Eleventh Street from Alley West of Lamar Street to
West Property Line of Austin Street, by raising, and filling same and paving
with Concrete, and all lots and land abutting on said street, and 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 and charge against the owners thereof.,
On the 27th day of March A. D. 1922, in the Council Chamber in
the Morgan Building in the City of Wichita Falls, at 7:30 o'clock P. M., all
such owners and their agents or attorneys, or any other persons or parties de-
siring to be heard, will be fully heard by the Board of Aldermen, and any 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 pardel
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 cont-
ract 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 $13,467.72
The estimated amount to be assessed against property owners is
$8,781.92.
The estimated amount to be assessed for curb is $0.5488,per
lineal foot of curb; and
The estimated amount of the assessment against property owners
and their property for pavement and excavation is $9.0093 per front foot.
38G
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 thereof, the benefits thereof, the dam-
ages 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 6th day of March A. D. 1922.
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
the 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 adver-
tisement, 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 day of March A. D. 1922.
City of Wichita Falls, Texas
Signed: W. N. Bonner, Mayor Pro-tem
City Clerk
The Board of Aldermen then adjourned.
044,
yy
Read and approved this /,, day of, 1922.
Mayor
ATTEST:-
City Clerk
387