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Min 10/17/1921 (2) • I. That the said improvements on sail portion of said Street be and *he same are hereby accepted and the said Texas Bitulithic Company, and the sureties on its construction bond, are hereby released of any further ob- ligations for or on account of the contradt or bond for the making and constru- cting of the said improvements. 2. 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. Z. That the Mayor and City Clerk be and they are hereby author- ized, instructed, and directed to issue to the Texas Bitulithic Company certifi- cates of special assessment in evidence of the various assessments levied against the respective lots and pafcels 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 sane, 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 imp- rovements have been regularly had in compliance with the law, the Charter of said city, and the terms of the certificate, and that all prerequisitesAo 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 la w in force in this city, and the proceedings of this Board. 4. This resolution shall take effect from and after its passage. ######## ##H## # • Moved by Alderman Curlee that the Board adjourn until 3:30 P. M. October 17th, 1921. $JyJ(µ# p gp #J$ ##J( p Morgan Building, Wichita Falls, Texas October 17th, 1921. The Board of Aldermen of the City of Wichita Falls, met in regular adjourned session on the above date with the following present:- W. D. Cline, Mayor W. S. Curlee f J. F. Reed R. E. Shepherd ! ALDERMEN J. B. Fitts { Geo. W. Thorburn, City Clerk ########f######## Moved by Alderman Curlee that it be declared a public nec- essity to curb and pave Front Street between Ohio Avenue and Indiana Avenue and that the following Resolutions be adopted, which motion was seconded by Alderman Shepherd and carried by the following vote:- yeas: Curlee, Fitts, Shepherd, Reed. Reyes: None. ############### RESOLTJTION I. 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:- Front street, between Ohio Avenue and Indiana Avenue; 312 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 Wich- ita 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 ani that the City Clerk make the proper publication of these resolutions. RESOLUTION NO. E. REsolution ordering the improvement of the following Street. Front Street, between Ohio Avenue and Indiana Avenue:- Be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas, that the above described streets shall be improved in the following manner, to-wit: 1. That the said Streets 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) Concrete Bids shall be taken for concrete curbs and said work of im- provement 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 received. 4. That the cost of said improvements shall be paid as follows The owners of property abutting on said street ehall 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 herein named to be paid by owners of abutting property shall be paid in three equal installments as follows: 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 owner 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, and 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 Aldermen 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 received by each owner of said property so as to produce a substantial equality of bene- fits 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 pity 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. • 31 That each street or portion thereof mentioned herein shall be considered a separate improvement, contracts let, hearings held, 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 matdrials of improvements; with a maintenance bond as herein provided. The said specifications shall also state the amount of the construction bond required to be given, as well as the method by which it is proposed to pay the cost of the said pavement, said method being in accordance with this resolution. RESOLUTION NO. 3 Be it resolved by the Board of Aldermen of the City of Wichita Falls, that specifications presented to the Mayor and Board of Aldermen by the City Engineer and prepared by him for the improvement of portions of Front Street between Ohio Avenue and Indiana Avenue. In said City have been approved and adopted as the specifica- tions for the improvement of said portions of said streets. ##################### Moved by Alderman Curlee that the paving on Filmore Street between Avenues F 8c G, be accepted and that the following Resolutions be adop- ted. Motion seconded by Alderman Shepherd and carried by follow- ing vote:- Yeas: Shepherd, Reed, Curlee, Fitts. Nayes: None. RESOLUTION Resolution accepting the improvements on Filmore Street, from its intersection with the North Property Line of Avenue "F" to its inter- section with the North Property Line of Avenue "G", 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 Falls has heretofore ordered that Filmore Street, from its intersection with the North Property line of Avenue "F" to its intersection with the North property line of Avenue "G" 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 Texas Bitulithic Company; and, WHEREAS, the said Texas Bitulithie Company 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: 1. That the said improvements on said portion of said street be and the same are hereby accepted and the said Texas Bitulithic Company, and the sureties on its construction bond, are hereby released of any further obligations for or on account of the contract or bond for the making and constructing of the said improvements. 2. That this resolution does not and shall not in any wise eff- ect 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. vI 314 , 3. That the Mayor and City Clerk be and they are hereby author- ized, instructed, and directed to issue to the Texas Bitulithic company certifi- cates 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 inter.. est, 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 suoh improvements have been regularly had in compliance with the law, the Charter of said City, and the terms of the certificate, and that all prerepuisites 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 oomnany and the law in force in this city, and the proceedings of this Board. 4. This resolution shall take effect from and after its passage. ########## #######+#####M# ORDINANCE 387 "AN ORDINANCE TO REPEAL SECTION 26 OF ORDINANCE NO. 220 ENTITLED "AN ORDINANCE REGULATING TRAVEL AND TRAFFIC ON THE STREETS AND SIDE- WALKS OF THE CITY OF WICHITA FALLS, TEXAS, PASSED AND APPROVED ON THE FIFTH DAY OF JULY A. D. 1915 AND SIGNED BY A. H. BRITAIN IL&YOR OF THE CITY OF WICHITA FALLS, TEXAS, AND DECLARING AN ENERGENCY". was on motion of Alderman Fitts, seconded by Alderman Curlee placed on its first reading and passed by the following vote:- Yeas: Curlee, Fitts, Reed, Shepherd. Nayes: None. ##### lYWP #'ff#### The Board of Aldermen then adjourned. Read and approved this day of {/ 1921. /, r'y 4e-C— mayor ATTEST: City Clerk i. 315