Min 07/25/1921 Morgan Building,
Wichita Falls, Texas.
July 25th, 1921.
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 0
R. E. Shepherd 0
J. F. Reed 0 ALDERMEN
' J. B. Fitts 0
Milo W. Thorburn, City Clerk.
Moved by Alderman Reed, that the Street Commissioner and City Eng-
ineer report to the Board of Aldermen the advisability of ordering a crossing
across railway tracks at Laurel, McGregor , and Bridwell Streets.
which motion was seconded by Alderman Shepherd and carried.
Moved by Alderman Curlee that the petition asking that Front Street
be opened up be filed with the City Clerk, and that the matter he referred
to the Police Commissioner, City Attorney and City Engineer for Investigation
and report,
which motion was seconded by Alderman Shepherd, and carried.
Moved ty by t1hder an se that the asses e of taxe yea 921
on the property of the ��fX..PP t`.o� and
be referred to the Equa ization 3oard for adj s m t,
which motion was seconded by Alderman Shepherd, and carried.
Moved by Alderman Curlee, that Ralph Hines be permitted to install
a Gasoline Filling a station at 1601 Lamar Street under the usual provisions
to-wit:
That the said Ralph Hines, his successors and assigns, legal rep-
resentatives and administrators, hold the City harmless from any damages that
may arise from the installation and operation of said Gasoline Filling Station
had that the said 4asoline Filling Station be installed under the direction
supervision of the City En~sneer, and shall be removed at ox eowhen removal
is requested by the Board of Aldermen,
which motion was seconded by Alderman Fitts and carried.
Moved by Alderman Uurlee, seconded by Alderman Fitts, that the
following Resolution be adopted.
Motion carried by following vote:-
Yeas: Curlee, Shepherd, Reed, Fitts.
Reyes: None.
RESOLUTION
RESOLUTION DIRECTING THE CITY ENGINEER TO MAKE AND FILE REPORT WITH
THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF FILMORE STREET:
BE IT RESOLVED BY THE BOARD OP ALDEE EN 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 Filmore Street from its intersection
with the N. P. line of Ave. "F" $o its intersection with the N. P. line of
Ave "G" Stre::t, 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 determinad to make the
same in the said manner and with the Bitulithie Pavement, and concrete found-
ation as shown in specifications adopted therefor.
282
•
I.
The City Engineer is hereby directed, in accordance with provisions
of Section 108 of the City Charter, to make and file 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 pro-
posed 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 exca-
vation far 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 other 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 sith the resolutions and other '
proceedings of this board with reference to the proposed improvement of said
portion of Filmore Street.
II.
This resolution shall take effect from and after its passage.
The City Engineer then presented his estimate of the cost of imp-
roving Filmore Street between Ave F and Ave. G, and,
Alderman Curlee moved that the following Resolution be adopted.
Motion seconded by Alderman Fitts and carried by following vote:-
Yeas: Curlee, Shepherd, Reed, Fitts.
Nayes: None.
RESOLUTION
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER
AS TO THE COST AND ASSESSMENTS FOR THE IMPROVEMENT OR FILMORE STREET FROM ITS
INTERSECTION WITH THE N. P. LINE OF AVE "F" TO ITS INTERSECTION WITH THE N. P.
LINE OF AVE "G" FIXING A TIME AND PEACE FOR A HEARING TO PROPERTY OWNERS AND .21
OTItS INTERESTED, AND DIRECTING THE CITY gLERX 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 Filmore Street from its intersection
with the N. P. line of Ave "F" to its intersection with the N. P. line of
Ave "G" 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 herein-
after 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 hts 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 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 25th day of July
1921, be and it 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 por-
tion I!
of said street, and to all others interested, and same shall be given and
held in the Council Chamber in the basement ithe Morgan Building in the City
of Wichita Falls at 8 o'clock P.M., on thei``fce day of Aug. A. D. 1921 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 proeerty 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 property, shall be
28.8 fully and fairly heard as to any of said matters and as to the amounts to be
4 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 improve-
ment, 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, cont-
ract, proceedings 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
hearing may be continued from time to time until all desiring to be heard have
been fully heard, and after all have bean fullyand faitly heard the said hear-
ing 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 par-
eel of property and against the owner thereof, and will determine the lots 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 prop*
osed assessment,and in and proceeding with reference to the making or const-
ructing 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 pro-
vided by law in fosne in t le city, and the City Charter, and the ordinances,
resolutions and other proceedings_ 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 assessment 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 assess-
ment, 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 tf 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 FILMORE STREET BETWNFN AVE
"F" AND AVE "G" AND TO ALL OTHERS INT'RESTED:
Notice is hereby given of the intention of the City to proceed with
the improvement of Filmore Street from its intersection with the N. P. line
of AVE "F".to its intersection with the N. P. line of Ave "G" 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
lands abutting on said street and all lots and lands benefited by means of
the said improvement, and such assessments, when levied, shall be a first and
prior lien upon the lots and lands assessed, and a personal claim and cherge
against the owners thereof.
Dn the e9e12 day of A. D 1921 in uh Council Chamber
in the Morgan duilding Tn the 0 y f .ricBita galls at 2iy o clock
all such owners and their agents or attorneys, or any o r persons or parties
desiring to be heard, will be fully heard by the Board of Aldermen, and any
protests, objections 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 parcel of
land and the owner thereof will be determined and 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 owner thereof,
are on file in the office of the City Clerk and open to inspection.
The estimated cost of the said improvement is $8,725.80.
The estirated amount to be assessed against property owners is
$$6725.64.
The estimated amount to be assessed for curb iw $0.8110 per lineal
foot of curb; and
The estimated amount of the assessment against property owners and
their property for pavement and excavation is $7.5003 per front foot.
All persons, firms, corporations, or estates, their agents or att-
orneys, 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 app-
w 284 ear before said Board of said time and place.
Done in accordance with resolution of the Board of Aldermen of the
City of Wichita Falls, eexas, on the 25th day of July A. D. 1921.
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 hear-
ing, 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_ A. D. 1921.
for
City Clerk
The report of the Committee named for investigation and recommen-
dation of the taking over of Call Field Hospital by the City and County was
then read by Dr. J. F. Heed, and it was agreed that the members of the Board
of Aldermen would meet with the County Commissioners at 2 o'elook P. M.
Tuesday 26th Inst.
Moved by Alderman Curiae, seconded by Alderman Fitts that the paving
in front of lots 5 and 6 Block 80 Floral Heights be accepted and that the
following Resolution be adopted.
Motion carried by following vote:-
Yeas: Shepherd, Curlee, Reed, Fitts.
Mayes: None.
RESOLUTION
RESOLUTION ACCEPTING THE IMPROVEMENTS ON MONROE STREET IN FRONT OF
LOTS 5 4 6, BLOCK 80 FLORAL HEIGHTS ADDITION TO CITY OF WICHITA, AND DIRECT-
ING THE MAYOR AVD CITY uLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT IN
EVIDENCE OF THE SPECIAL ASSESSME&T 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 ALDER/LT OF THE CITY OF WICHITA FALLS:
WHEREAS, the Board of Aldermen of the City of Wiohita Falls has here-
tofore ordered thatMbnroe Street,ifi front of Lots 5 and 6, block 80 Floral
Heights Addition to City of Wichita, 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 upon the said
portion of said street, and contract for the making and construction of the
said improvements was entered into with Plains Paving Company, and,
I.
That the said improvements on said portion of said street be and the
same are hereby accepted and the said Plains Paving 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 said
improvements.
II.
That this resolution does not and shall not in anywise 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 effeet.
III.
That the Mayor and City Clerk be and they are hereby authorized, in-
structed, and directed to issue to the Plains Paving Company 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 int-
erest the date of completion and acceptance of the said improvements, the lieu
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 certificat
285 tes 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.
Passed and approved this '1/.e3th day of July 1921.
#############i####
Moved by Alderman Curlee, seconded by Alderman Shepherd, that the
following Resolution be adopted.
Motion carried by following vote:-
Yeas: Curiae, Shepherd, Reed, Fitts.
Noyes: None.
###########
RESOLUTION
Be it resolved by the Board of Aldermen f 't e C) y of Wiehit& Falls
Tex t t a p, rtio of Indiana Avenue from /I - to
. � Gr7r,- a be paved with concrete by B. E. Whitham and Co., .�1
upon the following terms and conditions to-wit:-
That all work be done in accordance with the plans and specificat-
ions and under the supervision of the City Engineer.
That the County of Wichita shall pay for a strip of 18 feet from
beginning to end of said pavement including all cross intersections.
The County of Wichita further agrees to pay for all excavating and
grading that is necessary for said 18 foot strip and for headers.
That the Oita shall pay for all grading and excavating not agreed
to be paid for by the County and for all headers not agreed to be paid by the
County, and further the City agrees to pay for the cost of the intersection
for 6th Street, except for the 18 foot strip through this intersection which
is o be paid for by the County. However it is understood that the City shall
not be required to pay any of said costs until the 15th day of December 1921.
The property owners abutting along said street on the portion here-
in ordered to be paved shall pay for a strip of 11 feet on each side of the
18 foot strip which the County agrees to pay for and for all cross intersections .
not paid for by City and County. It being understood that the County is to pay
for on 18 foot strip from beginning it point to ending point on Indiana Avenue
including intersections.
This resolution shall take affect frem and after its passage
Passed and approved this day of 1921.
The Board of Aldermen then adjourned, until the next regular
meeting. �,�,/
Read and approved this 1,A day of Ou 1921.
® Mayor
Ci C er
286