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Min 01/23/1922 Morgan Building, Wichita Falls, Texas. January 20rd, 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 W. s. curlee J. B. Fitts 4 Aldermen R. E. Shepherd Geo. W. Thorburn, City clerk - Moved by Alderman Bonner that the following Resolution be adopted. Motion seconsed by Alderman Fitts and carried by the foll- owing vote:- Yeas: Bonner, Curlee, Fitts, Shepherd. Nayes: None. RESOLUTION RESOLUTION DIRECTING THE CITY ENGINEER TO MAZE AND FILE REPORT WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF INDIANA STREET FROM THE SOUTH PROPERTY LINE OF TENTH STREET TO THE SOUTH PROP- ERTY LINE OF THIRTEENTH STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Indiana Street from its inter- sectidn with the South property line of Tenth Street to its intersection with the South property line of Thirteenth 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 said 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 pro- visions 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 benefitted 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, and shall show the estimated amount of damages, if any to each piece or parcel of property, and the owner thereof, which will be suer tamed 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 proceeding of this board with reference to the pro- posed improvement of said portion of Indiana gtreat. II. This resolution shall take effect from and after its passage. Signed: W. D. Cline, Mayor Geo.W. Thorburn, City Clerk :A 3-`j¢t The City Engineer then presented his report and estimate of improving a portion of Indiana Street showing the amount of assessments against property owners etc., which was read by the Mayor to the Board, and Alderman Bonner moved that the following Resolution be approved. which motion was seconded by Alderman Fitts and carried by the following vote:- Yeas: Bonner, Curlee, Fitts, Shepherd. Hayes: None. RESOLUTION RESOLUTION APPROVING THE RESORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOR THE IMPROVEMENT OF INDIANA STREET FROM ITS INTERSECTION WITH THE SOUTH PROPERTY LINE OF TENTH STREET TO ITS IN- TERSECTION WITH THE SOUTH PROPERTY LINE OF THIRTEENTH STREET, FIXING A TIME AND PLACE FOR A REEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECT- ING 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 has heretofore ordered the improvement of Indiana Street from its inter- section with the south property line of Tenth Street to its intersection with the south property line of Thirteenth Street and has received estimates, plans and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, competitive bids were received and it has been determined that all of the cost of constructing curbs along said portion of said street, and 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 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 proceed- ings of this Board for such reports, and same has been examined and corrected: I. That said report of the City Engineer filed on the 23rd day of Janua ry, 1922, be and it 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 7;30 o'clock P. M., on the ,'nth day of February 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 either in the said property or in said improvements, or in the manner or method of making and constructing same or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said prop- erty, 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, and as to damages to said property or the owners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any wise incident to or connected with the said improvement,contract troceedings or assessment therefor, or the method or manner or paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required by law and the provisions of the City charter. And other claims or matters may be presented either orally or in writing, and at such hearing all claims, pro- 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 owner thereof, and will determine the lots or parcels benefited by means of said improvement, and will determine the amount of damages, if any, to each lot or 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 proceeding 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 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 351 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 assessment levied, and not there- after, and all persons, firms, corporations, estates, and other 'parties shall, after the expiration of twenty days from the levying of such assessment, 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 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: to-wit: "TO THE OWNERS OF PROPERTY ABUTTING ON INDIANA STREET BETWEEN TENTH STREET AND THIRTEENTH STREET, AND TO ALL OTHERS INTERESTED: Notice is hereby given to the intention of the City to pro- ceed with the improvement of Indiana Street from its intersection with the south property line of Tenth Street to its intersection with South property line of Thirteenth Street, by raising, grading and filling same and installing concrete curbs and gutters and paving with Warrenite-Bitulithic pavement on Concrete foundation, and all lots and land abutting on said street and all lots and land benefited by means of the said improvement, and such assessments, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and charge against the owners thereof. On the 73th day of February 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, obdections or claims will be full 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 par- cel of land and the orner 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 thereof, 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 $38,335.40. The estimated amount to be assessed against property owners is 240,160.32. The estimated amount to be assessed for curb is $0.6488 per lineal foot of curb; and The estimated amount of the assessment against property owners and their property for pavement and excavation is $13.0402 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 connect- ed 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 23rd day of January 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 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 23rd day of January A. D. 1922. Signed; W. D. Clime, Mayor Signed: Geo.W. Thorburn, City Clerk 352 '4 Moved by Alderman Bonner that the Mayor be authorized to execute Quit Claim Deed to John Sternedale, Joe Sternedale and A. T. Schroeder the following property; Lot No. 5, Block 100 original Townsite of Wichita Falls, Texas. Motion seconded by Alderman Fitts and carried. r;############### A petition to install a gasoline filling station at 117 Jalonick Street was then presented by J. E. Bradshaw, but as the 300 feet limit touched the Barwise School property the City Clerk was instructed to write the School Board to see if they had any objection to said filling Station. ##H############ 0RDINANCE'390 "AN ORDINANCE REQUIRING RESIDENCES AND BUSINESS HOUSES TO BE NUMBERED, STATING THE METHOD OF NUMBERING, THE KIND OF NUMBERS, THE DUTY OF THE CITY ENGINEER TO DESIGNATE NUMBERS AND PROVIDING FOR A PENALTY". was on motion of Alderman Curiae, seconded by Alderman Bonner placed on its first reading and passed by the following vote:- Yeas: Bonner, Curlee, Fitts, Shepherd. Hayes: None. ###############H04# A bill was then submitted by the Wichita Falls Electric Co., r ' for "110.00 for the installation of eleven street lights which had been placed in the alleys in the business district and Alderman Bonner moved that same be paid. Motion seconded by Alderman curlee and carried. ORDINANCE # 389 "AN ORDINANCE REPEALING ORDINANCE NUMBER SIXTY ONE AND PRO- VIDING CERTAIN REGULATIONS FOR THE RBGULATION OF PEDDLERS". '/fl was on motion of Alderman Bonner seconded by Alderman curlee placed on its second reading and passed by the following vote: Yeas: Bonner, Curlee, Fitts, Shepherd. , Nayee: None. ################# Moved by Alderman Bonner that J. Lewis Jackson be permitted to install a Gasoline Filling Station at 701 Lee Street under the usual /sax conditions to-wit:- That the said J. Lewis Jackson, his successors and assigns legal representatibes and administrators hold the City harmless from any damages that may arise from the installation and operation of said filling station, and that same be installed according to instructions of the City Engineer and that same be removed at once whenever such removal is requested by the Board of Alder- men of the City of Wichita Falls, Texas. Motion seconded by Alderman Fitts and carried. ################# Moved by Alderman Bonner that Brown be refunded Ten /\ Dollars (;10.00) of the twenty two dollars paid by him to the city for the impounding of 22 head of mules. Motion seconded by Alderman Curlee and carried. Owing to the fact that on Tuesday January 24th a joint session of the Board of Aldermen and the County Commissioners was to be held to act on bids for the Construction of additions to and extensions of the General Hospital and that there might be matters that would need immediate attention the Board adjourned until Tuesday January 2Eth, at 5 p. Y. ################# 353