Min 07/05/1921 •
Morgan Building,
Wichita Falls, Texas.
July 5th, 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
J. F. Reed
W. S. Curiae
ALDERMEN
R. E. Shepherd
W. G. Bralley
Geo. W. Thorburn, City Clerk
Moved by Alderman Curlee,that the officers of the Wichita Falls,
Electric Co., be requested to appear before the Board of Aldermen of the
City of Wichita Falls, Texas at their regular meeting on July llth, 1921
to show why lights should not be installed in Scotland Addition.
which motion was seconded by Alderman Shepherd and carried.
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Moved by Alderman Curlee, that all public utility corporations in
the City be requested to furnish copy of franchise under which they are
operating,
which 'motion was seconded by Alderman Shepherd, and carried.
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ORDINANCE 373
"AN ORDINANCE GIVING AND GRANTING TO THE WICHITA FALLS TRACTION CO.,
ITS SUCCESSORS. ASSIGNS,AND LESSEES, TEE RIGHT,TO EXTEND, CONSTRUCT AND OPER-
ATE A STANDARD-GUAGE CAR LINE OR LINES ON, OVER, ACROSS AND UPON THE FOLLOWING
DESCRIBED AND NAMED STREETS IN THE CITY OF WICHITA FALLS,TEXAS, TO-WIT:
(a) Beginning at a point where Ninth Street intersects with Broad
Street; Thence in an Easterly direction along Ninth Street to a point where
it intersects with Ohio Avenue.
(b)Beginning at a point where Eighth Street intersects with Ohio
Avenue; Thence in ax Westerly direction along said Eighth Street to a point
where it intersects with Indiana Avenue.
(e) Beginning at a point where 13th Street intersects with Broad
Street: Thence in a Westernly direction along 13th Street to a point where
it intersects with Clark Street; Thence Along Clark Street in a Southernly
direction to a point where it intersects with Collins Street.
Provinding that said tracks shall be laid in conformity with the
franchise heretofore granted to J. A. Kemp, and Fgank Kell on the 27th
day of Jany. 1910, and all of the amendments thereto, and the provisions
and conditions of said franchise and amendments thereto are expressly made
applicable to this ordinance, except however, as otherwise provided in this
ordinance".
was on motion Of Alderman Shepherd seconded by Alderman Curlee,
placed on its seconk reading and passed by the following vote:-
Yeas: Bralley, Shepherd, Reed, Curlee.
Nayes: None.
•
264
uti:
ORDINANCE - 372
"AN ORDINANCE PROVIDING FOR THE COLLECTION AND DISPOSAL OF
TRASH AND GARBAGE, PROVIDING Fog OERTAIN FEES THAT MAY BE CHARGED FOR
HAULIi'G SAME AND REQUIRING ANYONE SO ENGAGED TO GET A PERMIT AND GIVE A
BOND, PROVIDING FOR A PENALTY AND AN EMERGENCY",
was on motion of Alderman Reed, seconded by Alderman Shepherd,
placed on its third and final reading and passed by the following vote:-
Yeas: Bralley, Reed, Shepherd, Curlee.
Noyes: None.
*i ****N******
Moved by Alderman Curlee that the following resolution
be adopted,
which motion was seconded by Alderman Shepherd and carried
by following vote:-
Yeas: Bralley, Reed, Curlee, Shepherd.
lieges: None.
RESOLUTION DECLARING THE NECESSITY OF IMPROVING FILMORE
STREET FROM THE NORTH PROPERTY LINE OF AVENUE "F" TO THE NORTH PROPERTY
LINE OF AVENUE "G", STATING THE NATURE OF SUCH IMPROVEMENT AND THE METHOD
BY WHICH IT IS PROPOSED THAT PAYMENT BE rtADE THEREFOR, AND DIRECTING THE
CITY ENGINEER TO HAVE PLANS, PROFILES; SPECIFICATIONS AND ESTIMATES OF
THE PROPOSED IMPROVEMENTS PREPARED:
BE IT, AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS: THAT:
I.
It is necessary that Filmore Street from the North property
line of Avenue "F" to the North property line of Avenue "G" be improved
by raising, grading, filling and paving the same, and installing concrete
curbs and gutters, and that same be improved with the following methods
and materials, to-wit:
(A) Warrenite Bitulithie Pavement
with concrete foundation.
II.
The City Enginner is hereby directed to have plans, profiles,
specifications and estimates embracing the foregoing materials and plans
of improvement prepared, and to file the same with the Board of Aldermen,
the City Engineer being so directed, there being no City Manager.
III.
The said improvements shall be paid for in the following
manner, to-wit:
The benefitted and abutting property, and the owners thereof,
shall be assessed and pay for all of the cost of installing curbs and
three-fourths of the remaining cost of such improvements, and the City of
Wichita Falls shall pay the remainder.
265
The sums payable by the benefited property and the owners thereof
shall be payable in three equal installments, the first of which shall be due
on or before thirty (30) days after the completion and aceptance by the city
of such improvements, the second shall be due on or before one (1) year after
such completion and acceptance, and the third on or before two (2) years after
said completion and acceptance. The entire amount of such sums shall bear
interest from the date of such completion and acceptance and until paid
at the rate of 8% per annum payable annually, but such property, and the owners
thereof, shall have the privilege of paying any or all of such installments
at any time before maturity, and the failure to pay any installment upon the
maturity thereof shall, at the option of the owner and holder of the certi-
ficate of special assessment issued in evidence thereof, mature and entire
amount then unpaid; and the sums payable by the respective lots or parcels
of property abutting upon the said improvement, and benefited thereby, shall
be assessed against such lots or parcels and against the owners thereof, and
shall be a personal liability of such owner and a first and prior lien and
charge against such property, superior to all other liens, claims and charges
and demands of whatsoever kind, excepting only State, County and Municipal taxes.
No assessment shall be levied against any lot or parcel of land,
or the owner thereof, in excess of the special benefits to such lot or parcel
of land in enhanced value thereof by means of such improvement, and no
assessment shall be levied until after the notice and hearing as provided in
the Charter and Laws in force and effect in this city, and in the ordinances
and proceedings of the Board of Aldermen applicable thereto.
IV.
Upon the completion and acceptance of such improvements, if same
shall havebsen performed by contract, then certificates in evidence of the
assessments levied against the respective lots or parcels of property, and
the owners thereof, shall be issued to the contractor or party performing
and executing the work of such improvement and containing recitals lawful
and properly applicable thereto, and the said improvements shall be executed,
and the said matters filed, said notice and hearing ordered given, and
ordinance levying the assessment, and any other matters with reference to
said improvement shall be done and performed in the manner and form provMded
by the Charter and Laws in force and in effect in this city, and the proeeedings,
ordinances and resolutions of the Board of Aldermen.
V.
This resolution shall take effect from and after its passage.
Mayor.
Attest:
City Clerk.
*****e****w x x x*
Then the following letter was submitted by the City Engineers
LETTER OF ENGINEER SUBMITTING PLANS, PROFILES,
SPECIFICATIONS AND ESTIMATES.
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS:
In compliance with the resolution of the Board of Aldermen with
reference to the improvement of Filmore Street from the North property line
of Avenue "F" to the North property line of Avenue "G"; I have prepared and
hand you herewith plans, profiles, specifications and estimates of the pro-
posed improvement, the same embraces the different materials, plans, and methods
of improvement set forth and specified in the said resolution.
City Engineer.
2B€
Moved by Alderman uurlee that the following resolution be
adopted,
which motion was seconded by Alderman Shepherd and carried
by following vote:-
Yeas: Bralley, Reed, Curlee, Shepherd.
Nayes: None.
RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFI-
CATIONS AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF FILMORE STREET
FROM THE NO} H PROPERTY LINE OF AVENUE "F" TO THE NORTH PROPERTY LINE
OF AVENUE "G" IN THE CITY OF WICHITA FALLS, TEXAS, AND DIRECTING rHE
CITY CLERK TO ADVERTISE FOR uOMPETITIVE BIDS FOR THE MAKING AND CON-
STRUCTING OF SUCH IMPROVEMENTS.
BE IT RESOLVED BY THE BOAnD OF ALDERMEN OF THE CITY OF
WICHITA FALLS: THAT:
WHEREAS, by resolution passed on the 57 day of � , A. D.
1921, the Board of Aldermen of the City of Wichita Fall a ared the
necessity Of improving Filmore Street from the North property line of
Avenue "F" to the North property line of Avenue "G", by raising, grading
and filling same, and paving same and installing concrete curbs and gutters,
with the materials and in the manners and methods stated in the said
resolution, and gave the method by which it was proposed that payment be
made therefor, and directing the City Engineer to have plans, profiles,
specifications and estimates of the proposed improvement prepared; and,
WtMREAS, the said City Engineer has prepared such plans, profiles,
specifications and estimates and has filed the same with the Board of
Aldermen, and the same have been inspected and examined and corrected,
where necessary.
I.
That the said plans, profiles and epecificaticns and estimates,
be and they are hereby adopted and approved as those under, by, and in
accordance with which the said improvements shall be made and constructed.
II.
That the City Clerk be and he is hereby directed to advertise
for competitive bids for the making and constructing of the said improve-
ments in the manner and for the lengtdiof time and in the form required
and provided by the City Charter and laws in force and in effect at
this time, and by the ordinances and proceedings of this Board, and
such bids will be received until and shall be opened on the/ day of
8 � , 1921, at o'clock, p, M., and all bids s ll
e ma in the form and in t e manner, and accompanied by certified
check and by the guarantee provided and required by the said specifi-
cations
This resolution shall take effect from and after its passage.
Passed and approved, this the .-A day of , A. D. 1921.
Mayor.
ATTEST:
City Clerk.
267
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•
Moved by Alderman Shepherd that the Garbage Inoinerator be accepted
which motion was seconded by Alderman Reed and carried.
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Moved by Alderman Curlee that City Attorney Mann,be authorized to
attend the Gas meeting in Dallas on 9th Inst and to report to same that the
• Board of Alderman of the City is willing to intervene in the suit between
the Lone Star Gas Co., and the North T as Co., and to pax heir po o tion
of 8,costs of uch si t �_i`•- —,-.'„4„, - v • %W 4.J'� d.+'t t✓ti91
w i h mot was eoonded by Alderman Shepherd and carried.
Moved by Alderman Curlee that the hearing of protests on paving
of portion Filmore Street be closed and that the following Resolution be
adopted.
Motion carried by following vote:-
Yeas: Bralley, Shepherd, Reed, Curlee.
Mayes: None.
RESOLUTION
RESOLUTION CLOSING DARING TO PROPERTY OWNERS AND OTHERS INTERESTED
IN IMPROVEMEENT OF PROfION OF FIIS:IORE STREET AND DETER1 NING AMOUNTS OF ASS-
ESSMENTS AGAINST ABUTTING LOTS, AND PARCELS OF PROPERTY AND THE OWNERS THERE-
OF.
BE IT RESOLVED BY THE BOARD OF ALDERVEN OF THE CITY OF WICHITA FALLS
THAT:-
WHEREAS, the Board of Aldermen of the City of ichita Falls has here-
tofore ordered the following portions of streets in said City improved by
raising, grading and filling same and installing concrete curbs and gutters,
and paving with Bitalithic Pavement on Concrete foundation, to-wit:
All the unpaved Portion of Filmore Street between _enth Street
and Avenue F.
7 'A -S, by resolution of the Board of Aldermen adopted on the /
day off a qy, it was ordered that a hearing to all owners of property
abutti on sal portions of said streets, and all others interested, be held
in the Council Chamber in the Morgan Building at 8 P. H. pn the 5th day of
July 1921, and that notice thereof be given; and
WHEREAS, due notice of the time and place of such hearing was given
and such hearing held, and all parties, their agents and at orneys, and all
others desiring to be heard, have been fully and fairly heard, and at such
hearing the following protests were made:
protesting agIinst the cost of such improvement and that this is an inoppor-
tune time therefor:
I.
That all protests and objections, whether herein specifically men-
tioned or not, be and they are hereby over-ruled.
II.
That the Board of Aldermen finds from the evidence before it that
no property will be damaged by means of, or as a result of any of said imp-
268 rovements.
•
III.
The Board further finds from the evidence before it that the proper
rule of apportionment of the cost of such improvement is that applied and shown
on the estimates, reports and statements of the City Engineer filed on the
gq tth day of Tulle g2g1l ,and examined and approved by the Board, and
hat such produces and 3ustioe between the various lots and parcels of land sh
shown and affected mu thereby and the respective owners thereof, and the Board
further finds from the evidence that each parcel or lot of land abutting
on said portion of Filmore Street, will be benefited in enhanced value by
means of such improvements on said portion of F3-lmore Street, in an amount in
excess of the portion of costs to be assessed against same as shown on said
estimates, reports and statements of the City Engineer, and that each parcel
or lot of land abutting on said portion of Filmore Street, will be benefited
in enhanced value by means of such improvements on said portions of Filmore
Sttget, in an .amount_in excess of the portion of costs to be assessed against
same as shown on said estimates, reports and statements of the City Engineer
and that each parcel or lot of land abutting on said portion of Filmore
Street will be benefited in enhanced talus by means of such improvements on
said portion of Filmore Street in an amount in excess of the portion of costs
proposed to be assessed against same as shown on said estimate reports and x
statements of the City Engineer; and that each parcel or lot of land abutting
on said portion of Filmore Street will be benefited in enhanced value by means
of such improvements on said portion of Filmore Street in an amount in excess
of the portion of costs proposed to be assessed against same as shown on said
estimate reports and statement; of the City Engineer, and that each parcel
or lot of 'IPnd abutting on said portion of Filmore Street, will be benefit-
ed in enhanced value by means of such improvements on said portion of Fil-
more Street in an amount in excess of the portion of cost proposed to be
assessed against same as shown on said estimates reports and statements of
the City Engineer, The Board further finds, that the benefited property
is and will be that property which abuts on said portion of said street.
IV.
That said sums be assessed against said lots or parcels of property
and against the owners thereof, and the City Atorney is hereby directed to
prepare form of ordinance, levying such assessments in accordance with the
Charter and laws in force in this City and in accordance with the ordinances
resolutions and other proceedings of the city applicable thereto.
V.
That said hearing be and it is hereby closed as to all parties and
as to all said improvements.
VI.
That this resolution take effect from and after its passage.
ORDINANCE 374
"AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF FILMORE '
STREET DESIGNATING THE MATERIALS AND METHODS OF IMPROVISEENT AND PROVIDING
FOR THE PAYMENT OF THE COST OF SUCH IT_,TROVEMENTS, LEVYING ASSESSMENT
THEREFOR AND FIXING THE TERMS AND TIMES OF PAYMENT AND THE RATE OF INTEREST
THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES".
was on motion of Aldermen Shepherd seconded by Alderman Curlee,
placed on its first reading and passed by the following vote:-
Yeas: Bralley, Reed, Shepherd, Curlee.
Nayes: None.
Moved by Alderman Curlee that the hearing of protests for paving
a portion of Ohio Avenue be closed and the following resolution be adopted.
which motion was seconded by Alderman Shepherd and carried by foll-
owing vote:I
•
Yeas: Bralley, Reed, Shepherd, Curies.
➢Tayes: None
269
•
•
RESOLUTION
RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED
IN IMPRCVEL NT OF PORTION OF OHIO AVENUE AND DETERMINING AMOUNTS OF ASSESS-
MENTS AGAINST ABUTTING LOTS, AND PARCELS OF PROPERTY, AND THE OWNERS THEREOF.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF VTICHITA FALLS
TEXAS: THAT,
BHEREAS, the Board of Aldermen of the City of Wichita Falls, has
heretofore ordered the following portions of streets in said City improved
by raising, grading and filling same and installing concrete curbs and
gutters, and paving with one course re-inforced concrete pave, to-wit:
All the unpaved portion of Ohio Avenue between Sixty Street and
Front Street and connecting with the County pavement.
WhL1T 3, by resolution of the Board of Aldermen adopted on the ✓o
day of jefee /ly/, it was ordered that a hearing to all owners of proper
abutti oTin said portions of said streets, and all others interested, be held
in the Council Chamber in the Morgan Building at 8 P. M., on the 5th day of
July 1921, and that notice thereof be given; and,
1ELREAd, due notice of the time and place of such hearing was given
and such hearing held, and all parties, their agents and attorneys, and all
others desiring to be heard, have been fully and fairly heard, and at such
hearing no protests were made:
protesting against the cost of such improvement and that this is an in-
opportune time therefor:
I.
That all protests and otjections, whether herein specifically men-
tionedor not, be and they are hereby over-ruled.
II.
That the Board of Aldermen finds from the evidence before it that
no pro erty will be damaged by means of, or as a result of any of said
improvements.
III.
The Board further finds from the evidence before it that the proper
rule of apportionment of the post of such improvement is that applied and
shown on the estimates, reports and statements of the City Engineer filed
on the 17th day of June 1921 and examined and approved by the Board, and it
that such produces and effects substantial equality and justice between the
various lots and parcels of land shown and affected thereby and the respect-
ive owners thereof, and the Board further finds from the evidence that each
parcel or lot of land abutting on said portion of Ohio Avenue will be bene-
fited in enhanced value by means of such improvements on said•portion of
Ohio Avenue in an amount in excess of the portion of costs to be assessed
against same as shown on said estimates, reports and statements of the City
Engineer, and that each parcel or lot of land abutting on said portion of
Ohio Avenue will be benefited in enhanced value by means of such improvements
on said portion of Ohio Avenue in an amount in excess of the portion of
costs proposed to be assessed against same as shown on said estimate report
and statements of the City Engineer; and that each parcel or lot of land
abutting on said portion of Ohio Avenue will be benefited in enhanced value
by means of such improvements on said portion of Ohio Avenue in an amount
2 0
in excess of the portion of costs proposed to be assessed against same as
shown on said estimate reports and statement; of the City Engineer, and
that each parcel or lot of land abutting on said portion of Ohio Avenue
will be benefited in enhanced value by means of such improvements on said
portion of Ohio Avenue in an amount in excess of the portion of cost prop-
osed to be assessed against same as shown on said estimates reports and x
statements of the City Engineer. The Board further finds that the benefited
property is and will be that property which abuts on said portion of said
Street.
IV
That said sums be. assessed against said lots or parcels of property,
and against the owners thereof, and the City Attorney is hereby directed to
prepare form of ordinances levying such assessments in accordance with the
Charter and laws in force in this pity and in accordance with the ordinances,
resolutions and other proceedings of the city applicable thereto.
V.
That said hearing be and it is hereby closed is as to all parties
and to all said improvements.
VI.
That this resolution take effect from and after its passage.
#111#######tU#
ORDINANCE #376
"AN ORDINANCE ORDERING .HE ILROVEMENT OF A PORTION OF OHIO AVENUE .
DESIGNATING THE MATERIALS AND METHODS OF IMPROVElaNT, AND PROVIDING FOR THE
CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST
OF SUCH IMPROVEMENTS LEVYING ASSESSMENT THEREFOR AND FIXING THE TERNS AND
TINS OF PAYMENT AND THE RATE OF INTEREST THEREON AND PROVIDING FOR THE '
ISSUANCE OF ASSIGNABLE CERTIFICATES",
was on motion of Alderman Curlee seconded by Alderman Shepherd
placed on its first reading and passed by the following vote:-
Yeas: Bralley, Reed, Curlee, Shepherd.
Hayes: None.
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Moved by Alderman Reed that the Board of Aldermen adjourn until
3;30 o'clock P. .12. Friday the 8th July 1921 and that the hearing on Fif-
teenth, Elizabeth, Holliday, and Sixth Streets and Indiana Avenue be con-
tinued at that time,
which motion was seconded by Alderman Curlee and carried.
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Morgan Building
Wichita Falls, Texas
July 8th, 1921, Friday.
The Board of Aldermen of the City of Wichita Falls, Texas, met in
regular adjourned session on the above date with the fa llowing present:-
W. S. Curlee 4
R. E. Shepherd 0 Aldermen
J. F. Reed
W. G. Bralley, 0
Geo W. Thorbur4 City Clerk
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Moved by Alderman Curlee that owing to the absense of W. D. Cline,
Mayor and W. N. Bonner, Mayor pro-tem that W. G. Bralley be appointed, Mayor
Pro-tem for this meeting,
which motion was seconded by Alderman Reed and carried.
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271 Mov3d by Alderman Shepherd, that this meeting be adjourned until
the regular meeting on Monday July llth 1921 at 7:30 P. M, and the hearing