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Min 11/07/1921 • • Morgan Building Wichita Falls., Texas November 7th, 1921 The Board of Aldermen of the City of Wichita Falls, Texas met in regular session on the above date with the following present:6, W. N. Bonner, Mayor Pro-tem J. F. Reed R. E. Shepherd G ALDERMEN J. B. Fitts Geo W. Thorburn, City Clerk Moved by Alderman Shepherd that the Traction Co., be req- uested to open up Scott and Lamar Streets. Motion seconded by Alderman Fitts, and carried. Moved by Alderman Fitts that the Mayor appoint a committee of three citizens to investigate as to the safety of the Arcadia Hall, Motion seconded by Alderman shepherd and carried. ############## The Mayor then appointed the following: C. C. Willard Harry Naylor C. H. Reid. ############r# Moved by Alderman Reed that the Fire Chief be authorized to make alterations in the Seventeenth Street Fire Statism provided that cost be not over 200.00. Motion seconded by Alderman Shepherd, and carried. ##'##-`#r##### A petition from residents near the old Christian Churoh at 1104 Bluff Street protesting against said church being used as a public garage was presented to the Board. No action taken. The City Engineer then presented report and estimate of the cost of improving a portion of Front Street and Alderman Shepherd moved that the following Resolution be adopted. Motion seconded by Alderman Fitts and passed by the following vote:- Yeas: Fitts, Reed, Shepherd. Reyes: None. ####################### RESOLUTION RESOLUTION APPROVING THE REPORT AND ESTTMATE OF THE CITY ENGINEER AS TO COST AND ASSESSMENTS FOR THE IMPROVEMENT OF THAT PART OF FRONT STREET BETWEEN OHIO AVENUE AND INDIANA AVENUE FIXING A T L R AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRIBING 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 palls, has heretofore ordered the improvement of that ,part of Front Street between Ohio Avenue and Indiana in said City of Wichita Palls, Texas, and has received esti- mates, 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 por- tion of said street and three-fourths of the remaining cost of such improvement shall be assessed against the property abutting thereon and against the owners thereof, 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 estim- ated amount to be assessed against each abutting lot or parcel of land and the owner thereof and showing other matters, and things required by the law and the City Charter and the proceedings of this Board for such reports and same has been examined and corrected: �, 325 • I. That said report of the City Engineer filed on the 7th day of November1921, be and it is hereby adopted and approved. II. That a hearing shall be given to the owners of the property abutting on said portions of said street and to all others interested and same shall be given and held in the Council Chamber in the Morgan Building in the City of Wichita Falls at Seven O'clock P. M. on the 28th November 1921, and at such hearing and at said time and place the owners of said property or any of them, their agents or attorneys or any one else in any manner interested either in said property or in said improvement or inthe manner or method of making and const- ructing same or in the contract therefor or the proceedings with reference there- to 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 said property in enhanced value by means of said improvements, and as to damages to said prop- erty 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 conn- ected with the said improvement, contract, proceedings or assessments therefor, or the method or manner of paying for same. 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 the provisions of the City Charter, any other claims or matters may be presented either orally or in writing and at sach hearing all claims, protests and object- ions whatsoever will be passed upon by the Board and said hearing may be contin- ued from time to time until all desiring to be heard have been fully heard, and after all have been fully and fairly heard said hearing will be closed and at said hearing and from the evidence before it, the Board of Aldermen will deter- mine the amounts to be assessed against each lot or parcel of abutting property and against the owner thereof and will determine the amount of damages if any to each lot or parcel of property and the owners thereof, the benefits in enhanced value of to 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 proceedings with reference to the making or constructing of said improvement or the levying of assessments therefor, and will thereafter by ordinance make and levy assessments therefor, and will thereafter by ordinance make and levy ass- essments against each piece or parcel of abutting 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 and the City Charter and the ordi- nances, resolutions and other proceedings of this Board. After such hearing is closed any one desiring to appeal the teform shall prosecute and appeal to any Court having jurisdiction within twenty days from the date such hearing is closed and final assessment of twenty days from the levying of such assessment be forever barred and estopped from in any manner attacking or resisting same or asserting any error, irregularity, mis- take 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 prone rty and to all others interested by causing such notice to be published in the official news- paper of the City, which said notice shall be in substantially the following form to-wit: "To the owners of property abutting on Front Street between Ohio Avenue and Indiana Avenue, and to all others interested, notice is hereby given to the intention of the City to proceed with the improvement of Front Street between Ohio Avenue and Indiana Avenue by raising, grading and filling same, installing concrete curbs and gutters and raved with Concrete paving and all lots and lands abutting on said portion of Front Street will be assessed for a portion of the cost of such improvement, and such assessments when levied shall be a first and prior lien upon the lots and lands assessed and a personal claim and charge against the owner thereof; 28th day of November 1921, in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 7 p.M all such owners, their agents or attorneys or any other persons desiring to be heard will be fully heard by the Board of Aldermen and any protest, objections or claims will be fully and fairly heard, the benefits and damages resulting from said improvement will be determined and the amounts to be assessed against each lot or parcel of land and the owner thereof will be determined, and ass- essments therefor will be levied, Plans and specifications for said improvements and form of contract and report of the City Engineer showing estimated cost thereof, and the estimated amount of assessment against each lot or parcel of land and the owner thereof are on file in the office of the City Clerk and open to inspection the estimated cost of said improvement is 3702.97 the estimated amount to be assessed against property owners is $2883.83 the estimated amount to be assessed against abutting property for curb is $o.811 per lineal foot of curb, and the estimated amount of the assessments against abutting property and the owners thereof for pavement and excavation for pavement is $5.3632 per front foot. All persons, firms corporations or estates their agents in any wise connected with said improvements, the assessments therefor, the benefits there- of or the proceedings connected therewith shall be and appear before said Board at said time and place. Done in accordance with resolution of Board of Aldermen of the City of Wichita Falls. Passed on the 7th day of November A. D. 1921. Geo W. Thorburn, City Clerk 326 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 said day of hearing, and the City Clerk shall cause to be mailed to each owner whose name appears on the 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 and such notice by letter shall be cumulative of the notice by advertise- ment 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. #################### Me Board of Aldermen then adjourned. Read and approved this //f day of Z./ 1921. • Off. City Clerk • • • • • F • • • 327