Min 01/09/1922 4/ Morgan Building,
Wichita palls, Texas
Janus ry 9th, 1922
The Board of Aldermen of the city of Wichita Falls, met in
regular session on the above date with the following present:-
W. N. Bonner, mayor pro-tem
W. S. Curlee
R. E. Shepherd{ Aldermen
J. B. Fitts 1
Geo W. Thorburn, City Clerk
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The minutes of meetings held on December 19th, 21st and
31st were read and approved.
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Bids for the paving of a portion of Indiana were then opened
and Alderman Curlee moved that action on these be postponed until Wednesday
January 11th at 4 P. M.
Motion seconded by Alderman Shepherd, and carried.
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Moved by Alderman Curlee that the Statement presented by
the County Auditor for deficit of the Call Field Hospital from Sept let to Dee.
31st, 1921 be accepted and that the City Clerk be authorized to issue warrant
for the City's one half of said deficit, to-wit: $1102.58 and also that the
Hospital Board be notified that this Board is of the opinion that the General
Hospital should be closed and consolidated with the Call Field Hospital, by
February 1st or as soon thereafter as practical, in order that certain exten-
sions and additions shall be made to said General Hospital.
Motion seconded by Alderman Shepherd and carried.
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A request was then made by a representative of the Salvation
Army that the taxes on certain property owned by them should be abated.
The Board referred same to City Attorney for an opinion on
same.
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W. D. Cline then arrived and took the chair.
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Moved by Alderman Fitts that E. Buokabee be raid $500.00 for A
the land taken from him to widen Clark Street.
Motion seconded by Alderman Curlee and carried.
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A petition was then presented from the residents in Fairview
Addition asking that they be furnished with Fire plugs, sewerage and electric
lights.
It develpped that the sewerage was already there and had
been completed for over a month. The Water Company said they would install the
necessary fire plugs and they were referred to the Wichita Falls Electric Co.,
for lights.
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Moved by Alderman Curlee that
be permitted to install and operate a Gasoline Filling station on Lot Tr Mock
1 Sayles Addition on Bonner Street under the usual conditions to-wit:
That the said his successors and
assigns, legal representatives and'administ-rators noid the City harmless from
any damages that may arise from the installs tion and operation of said Gasoline
Filling Station, and that said Filling Stat ion shall be installed according to
the instructions of the City Engineer, and removed at once whenever such removal
is requested by the Board of Aldermen of the City of Wichita Falls, Texas.
Motion seconded by Alderman Bonner and carried.
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343
The City Engineer then presented a report showing that the
following pavement was completed and recommended the acceptance of same.
(1) Front Street - W. P. L. Indiana to W. p. Line Ohio
<.(2) Indiana Avenue N. p. L. Sixth to S. P. Line Front
c_(3) Ohio Avenue S. P. L. Sixth to county Road
and Alderman Curiae moved that the following resolution be adopted.
Motion seconded by Alderman Bonner and carried by the foll-
owing vote:-
Yeas: Curlee, Shepherd, Fitts, Bonner.
Nayes: None
RESOLUTION
RESOLUTION ACCEPTING THE IMPROVEMENTS ON FRONT STREET
WEST PROPERTY LINE INDIANA TO WEST BROPEETY LINE OF OHIO, AND DIRECTING THE
MAYOR AND CITY CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT IN EVIDENCE
OF THE SPECIAL ASSESSMENT LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND
AND THE OWNERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS:
WHEREAS, the Board of Aldermen of the City of Wichita palls
has heretofore ordered that Front Street from West property line Indiana to West
Property line of Ohio Avenue be improved by raising, grading and filling the
same and installing concrete curbs and gutters and paving same and after due
notice and hearing special assessments were levied against the various lots and
tracts of land and the owners thereof abutting upon the said portion of said
street and contract for the making and construction of the said improvements was
entered into with L. E. Whitham & Co.,; and,
WHEREAS, the said L. E. Whitham, & Co., has fully performed
its said contract and the said improvements have been made and constructed in
accordance with the said contract and the specifivat ions therefor, and to the
entire satisfaction of this Board:
I.
That the said improvements on said portion of said street
be and the same are hereby accepted and the said L. E. Whitham & Co., and the
sureties on its construction bond, are hereby released of any furthef+ obligation
for or on account of the contract or bond for the making and constructing of
the said improvements.
II.
That this resolution does not and shall not in any wise affect
the bond of the said company for the maintenance of the said improvements, but
such maintenance bond shall and does remain in full force and effect.
III.
That the Mayor and City Clerk be and they are hereby author-
ized, instructed, and directed to issue to the L. E. Whitham & Co., certificates
of special assessment in evidence of the various assessments levied against the
respectite lots and parcels of land abutting upon the said portion of said street
and the owners thereof, and against which special assessments have been levied,
reciting the description of such properly, the amount of the assessments against
same, the owner thereof, the terms of payment thereof, the rate of interest, the
date of completion and acceptance of the said improvements, the lien of the said
assessment and the personal obligation and liability of the owner of the property
and reciting that all proceedings with reference to making such improvements have
been regularly had in compliance with the law, the Charter of said City, and the
terms of the certificate and that all prerequisities to the fixing of a lien and
claim of personal liability evidenced by the certificates have been performed,
and containing other appropriate and pertinent recitals, and in accordance with
the contract with the said company and the law in force in this city, and the
proceedings of this Board.
Iv.
This resolution shall take affect from and after its passage.
January 7th, 1922
To The Hon.Mayor and
Board of Aldermen,
City.
Gentlemen: i certify pavementF
W. P. L. Indiana 8treetstosW. P. . oniotAvenueeh$ e 2gante-Erucntea and competed
by L. E. Whitham & Company in accordance with the plans and specifications.
E 344
•
I,teerefore, recommend that the above mentioned pavement
be accepted by your Honorable Board of Aldermen.
Yours Truly,
Signed: Julian Montgomery, City Engineer.
JMMCW
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Alderman Curlee then moved that the following Resolution
be adopted.
Motion seconded by Alderman Bonner and carried by following
vote:-
Yeas; Curlee, Shepherd, Bonner, Fitts.
Iiayes: None.
RESOLUTIO
RESOLUTION ACCEPTING THE IMPROVEMENTS ON INDIANA AVENUE
N. P. L. SIXTH TO SOUTH PROPERTY LINE OF FRONT STREET AND DIRECTING THE MAYOR
AND CITY CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT IN EVIDENCE OF THE
SPECIAL ASSESSMENT LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND AND THE
OWNERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OP
WICHITA FALLS:
WHEREAS, the Board of Aldermen of the City of Wichita Falls
has heretofore ordered that Indihna'Ave, from North property line Sixth Street
to South property line of Front Street, be improved by raising, grading and fill-
ing the same and installing concrete curbs and gutters and paving same and after
due notice and hearing special assessments were levied against the various lots
and tracts of land and the owners thereof abutting noon the said portion of said
street and contract for the making and construction of the said improvements was
entered into with L. E. Whitham & Co., and;
WHEREAS, the said L. E. Whitham & Co., has fully performed
its said contract and the said improvements have been made and constructed in
accordance with the said contract and the specifications therefor, and to the
entire satisfaction of this Board;
I.
That the said improvements on said portion of said street
be and the same are hereby accepted and the said L. E. Whitham & Co., and the
sureties on its construction bond, are hereby released of any further obligation
for or on account of the contract or bond for the making and constructing of the
said improvements.
II.
That this resolution does not and shall not in any wise
affect the bond of the said company for the maintenance of the said improvements,
but such maintenance bond shall and does remain in fall force and effect.
III.
That the Mayor and City Clerk be and they are hereby author-
ized, instructed, and directed to issue to the L. E. Whitham & Co., certificates
of special assessment in evidence of the various assessments levied against the
respective lots and parcels of land abutting upon the said portion of said street
and the owners thereof, and against which special assessments have been levied
reciting the description of such property, the amount of the assessments against
same, the owner thereof, the terms of payment thereof, the rate of interest, the
date of completion and acceptance of the said improvements, the lien of the said
assessment and the personal obligation and liability of the owner of the property
and reciting that all proceedings with reference to making such improvements have
been regularly had in compliance with the law, the Charter of said City, and the
terms of the certificate and that all prerecuisities to the fixing of a lien and
claim of personal liability evidenced by the certificates have been performed,
and containing other appropriate and pertinent recitals, and in accordance with
the contract with the said company and the law in force in this city, and the
proceedings of this Board.
Iv.
This resolution shall take effect from and after its passage.
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• 345
•
December 28th 1921.
To The Rona Mayor And
Boatd of Aldermen,
City.
Gentlemen;
This is to certify that the pavement on Indiana Street
from F. P. L. Sixth Street to S. P. L. Front street has been constructed and
completed by the L. E. Whitham'& Company in accordance with the plans and spec-
ifications.
I, therefore, recommend that the above mentioned pavement
be accepted by your Honorable Board of Aldermen.
Yours truly,
Signed: Julian Montgomery, City Engineer.
JM-CW
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•
Moved by Alderman Curlee that the following Resolution
be adopted.
Motion seconded by Alderman Bonner and carried by following
vote:-
Yeas: Curlee, Shepherd, Bonner, Fitts.
Reyes: None.
RESOLUTION
RESOLUTION ACCEPTING THE IMPROVFMMITS ON OHIO AVENUE SOUTH
PROPERTY LINE SIXTH STREET TO COUNTY ROAD, AND DIRECTING THE MAYOR AND CITY CLERK
TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT IN EVIDENCE OF THE SPECIAL ASSESSMENT
LEVIED AGAINST THE VARIOUS LOTS OR TRACTS OF LAND AND THE OWNERS THEREOF ABUTTING
UPON SAID PORTION OF SAID STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS:
WHEREAS, the Board of Aldermen of the City of Wichita Walley
has heretofore ordered that Ohio At nne s0sth Property Line of Sixty Street to u
Uemnty Road, be improved by raising, grading and filling the same and installing
concrete curbs and gutters and paving same and after due notice and hearing spec-
ial assessments were levied against the various lots and tracts of land&the owners
thereof abutting upon the said portion of said stteet and contract for the mak-
ing and consttuction of the said improvements was entered into with plains paving
Co.,; and,
WHEREAS, the said plains Paving CO., has fully performed its
said contract and the said improvements have been made and constructed in adoord-
ance with the said contract and the specifications therefor, and to the entire
satisfaction of this Board:
I.
That the said improvements on said portion of said street
be and the same are hereby accepted and the said plains paving Co., and the
sureties on its construction bond, are hereby released of any further obligat-
ion for or on account of the contract or bond for the making and constructing of
the said improvements.
II.
That this resolution does not and shall not in any wise
effect the bond of the said company for the maintenance of the said improvements
but such maintenance bond shall and does remain in full force and effect.
•
III.
That the Mayor and City Clerk be and they are hereby author-
ized, instructed, and directed to issue to the plains Paving Co., certificates
of special assessment in evidence of the various assessments levied against the
respective lots and parcels of land abutting upon the said portion of said street
and the owners thereof, and against which special assessments have been levied
reciting the description of such property, the amount of the assessments against
same, the owner thereof, the terms of payment thereof, the rate of interest the
date of completion and acceptance of the said improvements, the lien of the said
assessment and the personal obligation and liability of the owner of the property
and reciting that all proceedings with Deference to making such improvements have
been regularly had in compliance with the law, the Charter of said City, and the
;, 34F
terms of the certificate and that all prerequisities to the fixing of a lien and
claim of personal liability evidenced by the certificates have been performed, and
containing other appropriate and pertinent recitals, and in accordance with the
contract with the said company and the law in force in this city, and the proceed-
ings of this Board.
Iv.
This resolution shall take effect from and after its passage.
#-####4#2- ##
December 31st, 1921.
To The Hon. Mayor and
Board of Aldermen,
City
Gentlemen:-
This is to certify that the pavement on Ohio Street from
S. P. L. Sixth Street to County Road has been constructed and completed by the
Plains Paving Company in accordance with the plans and specifications.
I, therefore, recommend that the above mentioned pavement
be accepted by your Honorable Board of Aldermen.
Yours Truly,
Signedi- Julian Montgomery, City Engineer.
JM-CW
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Moved by Alderman Curlee that it be declared a public nec-
essity to curb and pave Fifth Street between Ohio Avenue and Indiana Avenue and
that the following three Resolutions be adopted.
RESOLUTIONI
Be it resolved by the Board of Aldermen of the City of
Wichita Falls, Texas, that it is hereby declared to be a public necessity to
curb, pave and excavate the following:
Fifth Street between Ohio Avenue and Indiana Avenge.
To build new curb or reset old curb according to the plan
and specifications made by the City Engineer, of Wichita Falls, Texas, and on
file in the office of the City Secretary of Wichita Falls, Texas.
To pave said street between said limits and curb lines acc-
ording to the plans and specifications of the City Engineer of the City of Wichita
Falls, Texas.
Be it further resolved that the city Engineer be instructed
to speedily prepare a preliminary estimate of the cost of the said improvement
and present same to the Board of Aldermen for their approval and that the City
Clerk make the proper publication of these resolutions.
RES GLUT ION-2
Resolution ordering the improvement of the following Street;
Fifth Street between Ohio Avenue and Indiana Avenue.
Be it resolved by the Board of Aldermen of the City of Wich-
ita Falls, Texas, that the above described streets shall be improved in the fol-
lowing manner, to-wit;
1. That the said street shall be graded, excavated or filled.
2. That new curb shall be built, or reset old curb and that
said street be paved between said limits and said curb lines, according to the
plans and specifications to be furnished therefor by the City Engineer of the
City of Wichita Falls, Texas.
3. That the said roadway shall be paved with one of the foll-
owing materials, and bids be taken therefor, to-wit:-
(1) Cemeht Concrete
(2) Bituminous concrete on a cement concrete foundation.
Bids shall be taken for concrete curbs and said work of imp-
rovement shall be done with such of said materials and under such methods and
plans as may be selected by the Board of Aldermen after the bids are receilved.
4. That the cost of said improvements shall be paid as foll-
V 347 owe:-
The owners of property abutting on said street shall pay the
whole cost of installing concrete curbs in front of their respective properties,
and three-quarters of the cost of the paving in proportion to their frontage; and
the City of Wichita Falls, shall pay one fourth of the total cost of such paving.
That the proportion of the costs therein named to be paid by
the owners of abutting property shall be paid in three equal installments as fol-
lows; One third cash, on the acceptance of the improvement by the City of Wichita
Falls, one third in one year from the date of said acceptance, and one third in
two years from said date.
That the said sums payable by property owners shall bear int-
erest at eight (8%) per cent per annum from said date of acceptance provided that
said owners of abutting property shall have the privilege of paving the said ass-
essments in whole or in part before maturity, with accrued interest to the date
of payment and default in payment of any installment shall at option of holder
and owner of assessment mature of unpaid installments.
That the proportion of said costs payable by the owners of
said abutting property shall be assessed against the said owners and against
their said property in accordance with the terms of the General Laws of the State
of Texas, end in accordance with what is known as the "Front foot plan or rule"
as the frontage of the property on the said streets named to be paved provided
that if the application of this rule, would, in the opinion of the Board of Ald-
ermen to assess and apportion said cost in such proportion as it may deem just
and equitable, having in view the special benefits in enhanced value to be rec-
eived by each owner of said property so as to prodnee a substantial equality of
benefits by and burdens imposed upon each owner.
That no assessments shall be made against any such owner or
his property until after notice has been given such owner and a hearing as pro-
vided by the General Laws of the state of Texas, and provided that no assessment
shall be made against any owner or his property in excess to the benefits to such
property in enhanced value thereof by said improvement.
That the Engineer of the City of Wichita Falls, is hereby
directed at once to prepare specifications and file the same with the Board of
Aldermen for each of the hereinabove described pavements or improvements
That each street or portion thereof mentioned herein shall
be considered a separate improvement, contracts let, hearings $etd, benefits
and assessments, etc, determined accordingly.
That in the specifications prepared, provisions shall be made
for requiring all contractors to give a maintenance bond for a term of not longer
than five years for the maintenance of the pavements hereinabove described.
That such specifications shall require the bidder to make a
bid upon the various above named pavements or materials of improvements; with
a maintenance bond as herein provided.
The said specifications shall also state the amount of the ma
construction bond required to be given, as well as the method by which it is pro-
posed to pay the cost of the said pavement, said method being in accordance with
this resolution.
RESOLUTION #3
Be it resolved by the Board of Aldermen of the City of Wich-
ita Falls sauiaag that specifications presented to the Mayor and Board of Aldermen
by the City Engineer and prepared by him for the improvement of portions of Fifth
Street between Ohio Avenue and Indiana Avenue.
In said City have been approved and adopted as the speci-
fications for the improvement of said port ions of said streets.
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Julian Montgomery, City Engineer then made the proposition
to the Board of Aldermen that he be retained on a part time basis at a salary
of )300.00 per month beginning February 1st 1922, it being understood that he (1
devote all the time necessary to the office of the city Engineer to insure a
proper supervision of its duties, and Alderman Shepherd moved that this prop-
osition be accepted.
Motion seconded by Alderman Bonner and carried.
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oved by Alderman Curlee that all Sewer Rents be collected
by the Water Department commencing let January 1922.
Motion seconded by Alderman Fitts and carried.
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348
The Old Water Company throughA Mr Rogers then presented a
statement to the Board claiming that the Water Department *wed the old Water
Company the sum of $"12132.06 for operation and construction during the period
August 1st to November 22nd 1920 at which time the old Water Company operated
the Water Debartment for the City, and after a discussion pertaining to items
shown by Mr Ira Harris who was conducting an audit of said Water Department,
Finance Commissioner R. E. Shepherd made a proposition to close this account for
*he sum of $8500.00 which was accepted by Mr Rogers for the old water company
and Alderman Bonner moved that this trade be hereby ratified and approved.
which motion was seconded by Alderman Curlee.and carried.
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Moved by Alderman Fitts that the Board adjourn until Wednes-
day 4 P. M. January llth 1922.
Motion seconded by Alderman Curlee and carried.
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Morgan Building
Wichita Falls, Texas
January llth, 192/41
The Board of Aldermen of the City of Wichita Falls, Texas
met in regular adjourned session at 4 P. M. on the above date with the following
present:-
W. D. Cline, mayor
W. S. Curlee f
W. N. Bonner I
J. B. Fitts d Alde r m e n
R. E. Shepherd $
Geo W. Thorburn, City Clerk
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Moved by Alderman Fitts that the Contract for paving South
end of Indiana Avenue be let to L. E. Whitham & Co.,
Motion seconded by Alderman Bonner and defeated by follow-
ing vote:-
Yeas: Fitts
Naves: Shepherd, Curlee, Bonner.
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Moved by Alderman Bonner that the contract for paving South
end of Indiana Avenue be let to the West Texas Construction Co.,
Motion seconded by Alderman Curlee and carried by following
vote:
Yeas: Shepherd, Curlee, Bonner
Naves: Fitts.
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Moved by Alderman Shepherd that $347.75 allowed by Street
Commissioner Curlee to the Contractor on the Frieze property paving and shown on
Voucher 1-1628, paid by warrant number 22273 be hereby ratified and approved.
Motion seconded by Alderman Bonner and carried.
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The Board of aldermen then adjourned.
Read and approved this day of //✓�y�� 1922
Mayor
ATTEST:-
City Clerk
349