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Min 03/28/1921 Morgan Building Wichita Falls, leaas. March 28th, 1921. The Board of Aldermen of the City of Wichita Falls, leras Met in regular session on the above date with the following present:- • W. S. Curlee, Mayor Pro-tem W. N. Bonner ) W. G. Bralley ) ( ALDERMEN R. E. Shepherd ) Geo. W. Thorburn, City Clerk #######i# ORDINANCE 358 "AN ORDINANCE GR,NTING W. E. FITGERALD, L. T. BURNS AND THE WICHITA HARDWARE CO., A CO-PARTNERSHIP COMPOSED OF P. A. MENKE, R. G. SCHEURER, AND LEROY R. SCHEURER, THEIR HEIRS AND ASSIGNS, THE PRIVILEGE RIGHT AND FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN RAILWAY TRACK OR TRACKS OVER UPON AND ACROSS MILL STRERT,BEGINNING AT A POINT ON MILL STREET 450 FEET SOUTH FROM THE INTER' CTION OF WALNUT STR`:ET WITH SAID MILL STREET, THENCE AIONG SAID MILL STREET IN A NORTHERLY DIRECTION TO A POINT IN SAID MILL STRE":R:T WHE::E AN ALLEY AT THE NORTH WEST CORNER OF LOT NO. 10 OF BLOCK 16 OF THE BARWISE AND JALONICK ADDITION TO THE CITY OF WICHITA FALLS TEXAS, ALL WITHIN THE CORPORATE LIMITS OF THE CITY OF WICHITA FALLS, TEXAS". was on motion of Alderman Bralley, seconded by Alderman Shep- herd placed on its first reading and passed by following vote:- Yeas: Shepherd, Bralley, Bonner. Hayes: None. ############## Moved by Alderman Bonner seconded by Alderman Bralley, that the following Resolution be adopted. which motion was carried by the following vote:- Yeas:- Shepherd, Bralley, Bonner. %ayes:- None. R*E*S*O*L*U*T*I*O*N "Bp it resolved by the Board of Aldermen of the City of Wichita #al1s, terse:- That Whereas, the Board of Aldermen of the City of Wichita Falls, lease, has heretofore ordered the property abutting on following described property, Ohio Avenue:- From Eleventh Street to Wichita Valley Railway Tracks. Brook Street:- From South property line of 8th Street to North property line of 10th Street. improved by raising, grading and filling same and installing concrete, curbs and gutters, and paving with concrete, and whereas by Resolution of the Board of Aldermen, adopted on the 14th day of February 1921 it was ar dered that a hearing to all property owners abutting on said portions of said Streets, and all others interested be held in the Council Chamber in the Morgan Bldg, at 7:30 P. M. on the 14th day of March and that notice thereof be given, and 198 Whereas 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 were fully and fairly heard, and at • such hearing the following protests were made. ######### t## PORT WORTH & DENVER CITY RY. CO., protesting against the oost of such improvement. THAT all protests and objections, whether herein specifically mentioned or not, be and they are hereby over-ruled except that in the case of the Fort Worth & Denver Gity Railway Co, the assessment is Deducted from to 2. That the Board finds from the evidence before it that no prep- erty will be damaged by means of,or as a result of any of said improveme ts. 3. The Board further finds from the evidence before it that the pro- per role of apportionment of the costs of such improvements is that applied and shown on the estimates, reports and statements of the City Engineer, (except in the case of the Fort Worth & Denver Ry co.) filed on the 14th day February 1921, and examined and approved by the Board, and that such produc- es and effects substantial equality and justice between the various lots and parcels of land shown and effected thereby and the respective owners thereof and the Board further finds from the evidence that each parcel or lot of land abutting on said portions of Ohio, Avenue, Brook Street, will be benefitted in enhanced value by means of such improvements on said portions of Ohio Ave, and Brook Streets 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, except in the cast of the Fort Worth & Denver City Ry Co, and in which case adjustment was made so that the enhanced value of their property On Ohio Avenue will be in excewe of the amount of their assessment. That said sums be assessed against said lots or parcels of prop- erty and against the owners thereof, and the City Attorney is hereby direct- ed 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 ordi- nances, resolutions, and other proceedings of the City applicable thereto. That said hearing be and it is hereby closed as to all parties and as to all said improvement. That this resolution take efjreot from and after its passage. ################ ORDINANCE 352 AN ORDINANCE ORDERING THE IMPROVEMENT OF:NINTH STREET, NORTH- WEST INTERSECTION AND 100 FEET WEST OF WEST LINE BUCHANAN STREET,DESIGNAT- ING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING FOR THE CON- STRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEDENTS LEVYING ASSESSMENT THEREFOR AND FIXING THE TERMS AND TIMES OF PAYMENT,AND THE RATE OF INTEREST TH.EREON,A.ND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. was on motion of Alderman Bonner seconded by Alderman Bralley placed on its first reading and passed by following vote:- Yeas:- Bralley, Bonner, Shepherd. Nayes: None. ######## ######## ORDINANCE 363 AN ORDINANCE ORDERING THE IMPROVEMENT OF MONROE ST, LOTS 5 AND 6 BLOCK SO, FLORAL HEIGHTS,DESIGNATING THE MATERIALS AND METHODS OF IMPROV- REMIT, AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVID- ING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS LEVYING ASSESSMENT THERE FOR, 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 Alderman Bonner, seconded by Alderman Bralley, placed on its first reading and passed by following vote:- Yeas: Brallpy, Bonner, Shepherd. Nayes: Hone. 194 R-E-S-O-L-U-T-I-O-N RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED IN IMPROVEMENT OF COLLINS STREET, ALL THE UNPAVED PORTION BETWEEN BRIDWELL AND BROOK STREET, AND DETAINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS.AND PARCELS OF PROPERTY, AND THE O'b+NERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALLEMRN OF THE CITY OF WICHITA FALLS TEXAS; THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls,has here- tofore ordered the following portions of streets in said City improved by rais- ing, grading and filling same and installing concrete curbs and gutters, and paving with concrete pavement on crushed stone foundation, to-wit: Collins Street: All the unpaved portion between Bridwell and Brook St. WHEREAS, by resolution of the Board of Aldermen adopted on the 7th day of March it was ordered that a hearing to all owners of property abutting on said portions of said streets, and all others interested, be held in the Council Chamber in the Morgan Building at 7:30 P. M., on the 28th day of March 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 attorneys, and all others desiring to be heard, have been fully and fairly heard, and at sboh hearing the following protests were made: None, protesting against the cost of such improvement and that this is an 1sppportune time therefor: I. That all protests and objections, whether herein specifically mention- ed or not be and they are hereby over-ruled. II. That the Board of Aldermen finds from the etidenoe before it that no property 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 cost of such improvement is that applied and shown on the estimates, reports and statements of the City Engineer filed on the 7th day of March 1921, and examined and approved by the Board, and that such produces and effects substantial equality and justice between the various lots and parcels of land shown and affected 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 Collins Street will be benefited in enhanced value by means of such improvements on said portion of Collins Street in an amount in excess of the portion of costs to be assessed against same as shown on said estimates, re- ports and statements of the City Engineer, and that each parcel of lot of land abutting on said portion of Collins Street will be benefited in enhanced value by means of suoh improvements on said portion of Collins Street in an amount in excess of the portion of costs proposes to be assessed against same as shown on said estimate reports and statements of the City Engineer; and that each parcel or lot of land abutting on said portion of Collins 4treet, will be benefited in enhanced value by means of such improvements on said portion of Collins 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 land abutting on said portion of Collins Street will be benefited in enhanced value by means of suoh improvements on said portion of Collins Street in an amount in excess of the portion of cost proposed to be ass- essed against same as shown on said estimates reports and statements of the City Engineer. 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 far form of ordinances,levying such assessments in accordance with the Charter and laws in force in this city and in accordance with the ordinanoes,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. -►. 195 • ORDINANCE 354 AN ORDINANCE ORDERING THE IMPROVEMENT OF OHIO AVENUE FROM 11TH STREET TO WICHITA VALLEY TRACKS, DESIGNATING THE MATERIALS AND METH- ' ODS OF IMPROVEMENT, 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 TERMS AND TIMES OF PAYMENT AND TEE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES • was on motion of Alderman Bonner, seconded by Alderman Bralley, placed on its first reading and passed by following vote:- Yeas: Bralley, Bonner, Shepherd. Hayes: None. #-`############ ORDINANCE 355 AN ORDINANCE ORDERING THE IMPROVEMENT OF LUCID STREET, FROM EAST PROPERTY LINE DUVAL STREET TO 192 FEET FROM WEST PROPERTY LINE DUVAL STREET, DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT, 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 TERMS AND TIMES OF PAYMENT, AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OP ASSIGNABLE CERTIFICATES. was on motion of Alderman Bonner, Seconded by Alderman Bralley placed on its first reading and passed by following vote: Yeas: Bralley, Bonner, Shepherd. Nayes: None. ##################### ORDINANCE 356 AN ORDINANCE ORDERING THE IMPROVEMENT OF BROOK STREET, FROM SOUTH PROPERTY LINE OF 8TH STREET TO NORTH PROPERTY LINE OF 10TH STREET DESIGNATINGTHE MATERIALS AND METHODS OF IMPROVEMMENT, AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYN.ENT OF THE COST OF SUCH IMPROVEMENTS 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 Alderman Bonner, seconded by Alderman Bralley, placed on its first reading and passed by following vote. Yeas:Bralley, Bonner, Shepherd. Nayes: Bone. ################### ORDINANCE 357 AN ORDINANCE ORDERING THE IMPROVEMENT OP COLLINS AVENUE, ALL THE UNPAVED PORTION BETWEEN BROOK STREET AND BRIDWELL STREET, DESIGNATING THE MATERIALS AND YsiETHODS OF IMPROVEMENT, AND PROVIDING FOR THE CONSTRUC- TION THEREOF BY CONTRACT, AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS LEVYING ASSESSMENT THEREFOR, AND FIXING THE TERMS AHD TIMES OF PAYMENT,AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. was on motion of Alderman Bonner, seconded by Alderman Bralley placed on its first reading and passed by following vote. Yeas: Bralley, Bonner, Shepherd. Nayes: None. ############## Moved by Alderman Shepherd that Wiley Wyatt be granted a 60 day extension on his permit to use cart of 7th Street and Indiana Ave, during construction of a building. which motion was seconded by Alderman Bralley, and carried. ############ Moved by Alderman Bralley that the "Sign Committee" be author- ized to order removal of dangerous signs, which motion was seconded by Alderman Bonner and carried. 196 Moved by Alderman Bonner that the City pay for the intersect- ion at 6th and Indiana. which motion was seconded by Alderman Shepherd and carried. ############## Moved by Alderman Bonner that Chas. Bialkowaki be granted permission for 90 days from date to use 10 feet on 7th Street, seventy five feet west from N. W. corner 7th & Indiana and 10 feet on Indiana Ave. for 100 feet North for storing of material for construction of a build- ing at that point. which motion was seconded by Alderman Shepherd and carried. ##### ##### ORDINANCE 359 "AN Ordinance directing the City Secretary to advertise for bids for the improvement of portions of Indiana Ave, and declaring an emergency". was on motion of alderman Bonner seconded by Alderman Shep- herd placed on its first reading and passed by following vote:- Yeas: Bralley, Bonner, Shepherd. Hayes; None. ######## # ORDINAPCE (P "AN Ordinance directing the City Secretary to advertise for bids for the improvement of a portion of Ohio Avenue Rand declaring an emergency". was on motion of Alderman Bonner seconded by Alderman Shep- herd planed on its third and final hearing and passed by the following vote:- Yeas: Bralley, Bonner, Shepherd. Nayes: None. ######## # Moved by Alderman Bonner that it be declared a public neoessi' to curb and pave and improve Fifteenth Street from Lamar to Elizabeth, and from 15th to Marshall Street; and Holliday Street, from 15th to 17th Street; North Side of Sixth, from Ohio to Indiana, Avenue, and that the following resolutions be adopted. ########### R-E-S-O-L-U-T-I-0-N-No.1 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:- Fifteenth Street, from Lamar to Eliza' eth, and from Fifteenth to Marshall. Holliday Street, from 15th to 17th, Street. North Side of Sixth, from Ohio to Indiana, Ave. To build new curb or reset old curb according to the plan and apeoifieations made by the City Engineer, of Wichita Falls., Texas, and on file in the office of the City Secretary, of Wichita Fails, Texas. To pave said street between said limits and curb lines accord- ing 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 • 197 speedily prepare a preliminary estimateof the cost of the said improvemesh and present same to the Board of Aldermen for their approval and that the City Clerk make the proper publication of these resolutions. R-E-S-O-L-U-T-I-O-II NO. 2 Resolution ordering the improvement of the following streets:- Fifteenth Street, from Lamar to Elizabeth, and from Fifteenth to Marshall. Holliday Street, from Fifteenth to Seventeenth Street. North Side of Sixth, from Ohio Ave to Indiana, Ave. 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, excavgted 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, a000rding to the plans and specifioations 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. Bitulithio 2. Cement concrete 3.Asphaltio Concrete. 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 received. 4. That the cost of said improvements shall be paid as follows. 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 costa herein named to be paid by the owners of abutting property shall be paid in three eoual installments as follows: one third oaah, 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 interest at eight (8%) per cent per annum from said date of acceptance provided that said owners of abutting property shall have the privilege of paying the said assessments 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 all unpaid installments. That the proportion of said costs payable by the outs rs 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 spaniel benefits in en- hanced value to be received by each owner of said property so as to produce 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 provid- ed 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 improvment. 10 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 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 des- cribed. 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 con- struction 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 accord- ance with this resolution. R-E-S-O-1-U-T-I-O-N -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 Fifteenth Street, from Lamar to Elizabeth, and from Fifteenth to Marshall. Holliday Street, from Fifteenth to Seventeenth Street. a orth�Side of Sixth, fro froay OhiAveto Idi Aveb-� iteCt �� o A er an then adjourned. (� Read and approved this 4th day of Anril 1921. ATTESTJ.- Mayor Ci y lerk 199 .