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Min 01/24/1921 • Morgan Building, Wichita Falls, Texas January 24th, 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. D. Cline, Mayor W. N. Bonner 0 W. G. Bralley 0 M. O. McDowell 0 ALDERMEN W. S. Curlee' 0 R. E. Shepherd. 0 Geo W. Thorburn, City Clerk Moved by ALDERMAN Bonner, that the Mayor appoint 2 members of the Board of Aldermen to appear before the Commissioners Court with him and suggest a change of building the highway on Ohio Avenue instead of Indiana Avenue, provided that the Board of Aldermen is given satis- factory assurance by the property holders of Ohio Avenue that there will be no charge for right-of-way and that the property owners guarantee that Ohio Avenue will be paved from curb to curb. Which motion was seconded by Alderman Bralley and carried. The Mayor then appointed Street Commissioner Surlee, and W. E. Bonner, Commissioner of Public Utilities to appear with him before the Commissioners Court on Wednesday the 26th Inst. Moved by Alderman Shepherd that M. A. Smith be permitted to install a Gasoline Filling Station at 1414 Lamar under the usual provis- ions to-wit:- That the said M. A. Smith, his successors and assigns legal representatibes and administrators hold the City harmless from any damages that may arise from the installation of said Gasoline Filling Station,and that it be installed under the supervision and according to the instructions of the City Engineer and that said Gasoline Filling Station be removed at once at any time on request of the Board of Aldermen, which motion was seconded by Alderman Bonner and carried. It was then moved by 'alderman Bonner that the following reso- lution be adopted, which motion was seconded by Alderman Shepherd and passed by the following vote:- Yeas:- Bonner, Bralley, Shepherd.,MoDowell, Curlee. Noyes: None R-E-S-O-L-U-T-I-O-N RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG- INEER AS TO COST AND ASSESSMENTS FOR THE IMPROVEMENT OVER THE FOLLOWING DESCRIBED PROPERTY: Lots 8 to 14 inclusive, Block 147 Lots 15 to 28 inclusive, Block 115 Lots l to,7 inclusive, Block 146 Lots 15 to 28 inclusive, Block 104 Lots 1, 8, 9, and 13, Block 25 • Lots 1 to 7 inclusive Block 140 Lots 7 and 8 Block 177 Lots 1 and 2 Block 127 Lots 9 to 14 inclusive Block 116 Lots 1 & 14 Block 181 Lots 9 & 10 Block 202 Lots 15 to 28 inclusive, Block 128 FIXING A 'TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTE➢, AND DIRECTING THE CITY SECRETARY TO GIVE NOTICE THERE- OF, AND PRESCRIBING FORM OF SUCH NOTICE. 142 BE IT RESOLVED BY THE BOARD OF ALDER:_EN OF THE CITY OF WICHITA FALLS, TEXAS, THAt; WPHLEAS, the Begird of Aldermen of the City of Wichita Falls, has heretofore ordered the improvement of the following described property: Lots 8 tie 14 inclusive, Block 147 Lots 15 to 28 inclusive, Block 115 Lots 1 to 7 inclusive, Block 146 Lots 15 to 28 inclusive, Block 104 Lots, 1,8,9 & 13 Block 25 Lots 1 to 7 inclusive, Block 140 Lots 7 and 8 Block 177 Lots 1 & 2 Block 127 Lots 9 to 14 inclusive Block 116 Lots 1 & 14 ° Block 181 Lots 9 & 10 Block 202 ��,�y9��LLots 15 to 28 inclusive, Block 128 ,,o dr which driveways and sidewalks have been ordered constructed, 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 poet of con- structing said sidewalk and driveway over said property shall be assessed against the 'property abutting thereon and against the owners thereof, and the City mniTineer has made and filed with the Mayor and Board of Alderman his report and estimate of the cost of such improvements and the estimated amount to be assessed against each abutting lot or parcel of land over which said improvements are to be constructed and the owner thereof and showing other matters and things required by the law and the'City Charter and the proceed- ings of this Boardfof such reports and same has been examined and corrected: I. That said report of the City Engineer filed on the 24th day of January, A. D. 1921. II. That a hearing shall be given to the ownersof property abutting on and adjacent to and over which said improvements are to be constructed,and to all otthers terested and same shall be given and held in the Council Cham- ber in the"�b Building in the City of Wichita Falls at 7:30 o'clock P. M on the 14th day of February, 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 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 bene- fits 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 improvements or as to any other matter or thing in any wise incident to or connected with the said improvement, contract, proceedings or assessments therefor, or the method or manner of paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters end things in the manner and form provided and required by the provisions of the City Charter, any other claims or matters may be presen- ted either orally or in writing, and at such hearing all claims, protests 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 been fully and fairly heard said hearing will be closed, and at said hearing and from the evidence before it, the Board of Alderman will determine the amounts to be assessed against each lot or parcel of abutting property and property over which said improvements are to be con- structed and against the owner thereof and will determine the amount of the damages, if any, $o each lot or parcel of property and the owners thereof, the benefits in enhanced value of to each lot or parcel of property by .Bans 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 improvements or the levying of assessments therefor,and will thereafter by ordinance make and levy assessments against each piece or parcel of abutting property and property over which said improvements are to • III aans'tructwd aced mgmT 't the owners thereof in the proportion provided and 1!8 • in the manner and form and in accordance with the terms required and provi- ded by law and the City Ohartet and the ordinances, resolutions and other proceedings of this Board. After such hearing is closed any one desiring to appeal the reform shall prosecute and appeal to any Court having juris- diction within twenty days from the date such hearing is closed and final assessment levied and not thereafter, and all persons shall after the expi- ration 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, mistake or invalidity therein. The City Secretary is hereby directed to give notice of the time and place of said hearing to the owners of said property and to all others interested by causing such notice 'to is be published in the official newspaper of the City, which said notice shall be in substantailly the following form, to-wit: "To the owners of the following described property, to-wit: Lots 8 to 14 inclusive Block 147 Lots 15 to 28 inclusive, Block 115 Lots 1 to 7 inclusive, Block 146 Lots 15 to 28 inclusive, Block 104 Lots 1,8,9,& 13 Block 25 Lots .1 to 7 inclusive Block 140 Lots 7 & 8 Block 177 LotE 1 & 2 Block 127 Lots 9 to 14 inclusive, Block 116 ' Lots 1 & 14 Block 181 Lots 9 & 10 Blook 202 Lots 15 to 28 inclusive, Block 128 And all owners of property over which said improvements are to be constructed, will be assessed for the entire cost of such improvements, and such asses meats 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; On the 14th day of February A. D. 1921, in the Council Chamber in the Morgan Building in the City of Wichita Falls at 7:30 o'olock 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 improvements will be determined and the amounts to be assessed against each lot or parcel of land and the owner thereof will be determined, and assessments 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 Secretary and open to inspection. The estimated cost of said improvements is The estimated amount to be assessed against each pro erty owner is as follows:- INDIANA AVENUE SIDEWALK ASSESSMENT. PROPERTY OWNER LOCATION LOT BLOCK FRONTAGE SQ YDS. RAte AMOUNT C. D. Shamburger W. F. 15 to 28 128 350 155.6 2.13 331.43 J.E.& H.G.Ward " 15..16 115 5 2.2 2.13 4.69 Mack Thomas " 17-18 115 50 22.2 2.13 47.29 W. N. Moore " 19 115 25 11.1 2.13 23.64 Mack Thomas " 20 to 25 115 150 66.7 2.13 142.07 Lon B. Fletcher " 26 115 25 11.1 2.13 23.64 W. N. Moore 27-28 115 50 22.2 2.13 47.29 Wichita Cotton Oil Co. " 15 to 22 104 200 88,9 2.13 189.36 Stehlik & Baber " 23 104 25 11.1 2.13 23.64 B. A. Moore " 24 to 26 104 75 33.3 2.13 70.93 G. R. Welch et al " 27 to 28 104 50 22.2 2.13 47.29 W. S. Langford " 5-6-7 140 150 66.7 2.13 142.07 Hugh Reilly " 1-2-3-4 140 200 88.9 2.13 189.36 Ira Miks " 11 to 14 127 100 44.4 2.13 94.57 T. C. Arbuckle " 1-2 127 50 22.2 2.13 47.29 Anna Lapland " 9 to 14 116 150 66.7 2.13 142.07 BURNETT STREET SIDEWALK ASSESSMETT PROPERTY OWNER LOCATION LOT BLOCK FRONTAGE SQ YDS RATE AMOUNT R. 0. Manley W. F. 8,9,10 127 160 66.7 2.13 142.07 W. H. McAbee " 11 & 12 147 100 44.4 2.13 94.57 ' J. W. Pond et al " 13 & 14 147 100 44.4 2.13 94.57 ill _ 41%Warman & co. " 1 & 2 146 100 44.4 2.13 94.57 3-4 146 100 44.4 2.13 94.57 ■ 144 • 4 PROPERTY OWNER LOCATION LOT BLOCK FRONTAGE Sa YDS RATE AMOUNT W. H. MCAbee W. F. 5 146 50 22,2 2.13 47.29 G. A. Swope " 6-7 146 100 44.4 2,13 94.57 THIRTEENTH STREET SIDEWALK ASSESSI:2 T PROPERTY OWNER LOCATION LOT FRONTAGE SQ YDS RATE AMOUNT Dortiry Collier Wilson Add. 8 52.5 23'.3 2.13 49.63 Nra Ola Hamlin do 9 52,5 23.3 2.13 49.63 John W. Bradley do 13 50.0 22.2 2.13 47.29 NINTH STREET SIDEWALK ASSESSMENT PROPERTY OWNER LOCATION LOT BLOCK FRONTAGE SQ YDS RATE AMOUNT • J. M. MCFall W. F. 8 177 150 133.3 2.13 283.93 W.F.By Co., " 7 177 80 71.1 2.13 151.44 M.S.& T. Ey Co. C. E. Schaff T1 7 177 70 62.2 3.13 194.69 Wichita Ice Co. " 1 181 75 66.7 2.13 142.07 W. F. Ey Co., 11 14 181 100 88.9 2.13 189.36 M.S.& T. Ry Co. C. E. Schaff Rec. " 14 181 50 44.4 3.13 138.97 All persons, firms, corporations or estates, their agents or att- orneys desiring to be heard about any matter or thing in any wise connected with said improvements, the assessments therefor, the benefits thereof, or the proceedings con_:eoted 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, Texas. Passed on the 24th day of January, A. D. 1921. Geo. W. Thorburn, City Clerk And said notice shall be published in said paper not less than four times and the first of said -. ublications shall appear not less than four- teen (14) days prior to the date set for said hearing not counting the said day of hearing, and the City Secretary shall cause to be mailed to each owner whose name appears on the said report of the City Engineer a registered letter cont- aining a copy of aid 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 advertisement and such notice by advertisement shall be sufficient whether or not any other notices be given and whether or not such notice by letter be re- ceived or sent. Moved by Alderman Bralley seconded by Alderman Shepherd that it be declared a public necessity to curb and pave the following portions of certain streets. Ohio Street from 3 feet north of. N. P. L. llth street south to S.P.L. Barwise, thence in aneasterly direction to the Wichita Val'ey Railway; Brook .:Street from S.P.L. 8th Street to N.P.L. 10th Street: Monroe Street in front of lots 5 & 6 block 80, Floral Heights Addition: Lucile Street from I.P.L. Duval Street 192 feet west of W.P.L Duval Street; 9th Street N. W. 8 intersection and 100 feet west of west side of Buchanan Street, being approximately a total of 6834 sq yds. paving, 7130 sq. yds excavation, 2511 feet curbs, and 243 feet oak headers. And that the following resolutions be adopted, which motion was carried by Following vote:- Yeas:- Bonner,Bralley, Shepherd. & tii-. `1'n 6 Nayes:- None. 1.45 RESOLUTION 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:- Ohio Street from 3 feet north of H.P.L. 11th Street south to S. P.L. Barwise, thence in a n easterly direction to the Wichita Valley Railway; Brook Street from S. P. L. 8th Street to N.P.L. 10th Street; Monroe Street in front of lots 5 & 6 block 80, Floral heights, Addition; Lucile Street from N. P.L. Duval Street 192 feet went of W. P.L Duval Street; 9th Street N.W. o intersection and 100 feet west of west side of Buchanan Street, being approximately a total of 6834 sq. yds. paving, 7130 sq yds. excavation, 2511 feet curbs, and 243 feet oak headers. 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, lezes. To pave said street between said limits and curb lines according to the plans and srecifications of the City Engineer of the City of Wichita 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 and that the • City Clerk make the proper publication of these resolutions. RESOLUTION NO. 2 Rhsolution ordering the improvement of the following streets:- Ohio Street from 3 feet north of N.P.L. llth Street south to S.P.L. Barwise, thence in an easterly direction to the Wichita Valley Hallway. Brook Street from S.P.L. 8th Street.to N.Pt L. 10th Street. Monroe Street in front of lots 5 & 6 Block 80, Floral Heights Addition: Lucile Street from E. P.L. Duval Street 192 feet west of W.P.L. Duval Street: 9th Street N. W. a intersection and 100 feet west of west side of Buchanan Street, being approximately a total of 6834 sq yds. paving, 7130 sq yds. excavation, 2511 feet curbs, and 243 feet oak headers. 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 foll- owing manner, to-wit: 1. That the said streets shall be grated, excavated or filled. 2. That new curb shill be built, or reset old curb and that said street be aved between said limits and said curb lines, according i, 'Us 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 following materials, and bids be taken therefor, to-wit:- (1) Cement Concrete. (2); bituminous concrete on a cement concrete foundation. Bids shall be taken for concrete curbs, and said work of improve- ment 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 oost of installing concrete curbs in front of their respective propertied, 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 pav- ing. /46 THAT the proportion of the costs herein named to be paid by the owners of abutting property shall be paid in three equal installments as f follows:one third oash, 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 inter- est 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.pert before maturity, with accrued int- erest to the date of payment and default in payment of any installment shall at option of holder and owner of assessment mature of unpaid install- ments. That the proportion of said costs payable by the owners of said abutting property shall be assessed against the said owners and against their said property in accordance with the terms of the Gera ral 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 en- hanced value to be received by each owner of said property so as to produce a substnatial 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 pro- vided by the General Laws of the State of Texas, and provided that no ass- essment shall be made against any owner or his property in excess to the ben- efits to such property in enhanced value thereof by said improvement. That the Engineer of the City of Wichita Falls, is hereby dire- oted at once to prepare specifications and file the same with the Board o- 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 described. 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. i'. #446############# THIRD RESOLUTION. 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 Ohio Street from 3 feet north of N. P. L. llth Street, south to S. P. L Barwise, thence in an easterly direction to the Wichita Valley railway; Brook Street from S.P.L. 8th Street to N. Pi L. 10th Street. Monroe Street in front of lots 6 & 6 Block 60, Floral Heights Addition; Lucile Street from E. P. L. Duval 6treet 192 feet west of W.P. L Duval street;. 9th Street N. W. s intersection and 100 feet west of went. aide of Buchanan Street, being approximately a total of 6834 eq. yds, paving 7130 as yds, excavation, 2511 feet curbs, and 243 feet oak headers. In said City have been approved and adopted as the epecifiedtions for the improvement of said portions of said streets. ### ### ;- "' /44 ORDINANCE 343 "AN ORDINANCE DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS FOR TEE IMPROVEMENT OP PORTIONS OF OHIO, BROOK, NINTH, LUCILE AND MONROE STREETS AND DECLARING AN EMERGENCY1 . Moved by Alderman Curlee that Ordinance 343 be placed on its first reading. Motion carried by following vote:- Yeas: Bonner, Bralley, McDowell, Curlee, Shepherd. Mayes:- None. Moved by Alderman Curlee seconded by Alderman McDowell that the rules requiring Ordinances to be read on three separate days be suspended. Motion carried by following vote:- Yeas: Bonner, Bralley, McDowell, Curlee, Shepherd. Hayes: None. Moved by Alderman Curlee that Ordinance 343 be placed on its sec- ond reading. Motion carried by following vote:- Yeas: Bonner, Bralley, McDowell, Curlee, Shepherd. Mayes:- None. Moved by Alderman Curlee seconded by Alderman McDowell that Ordi- nance 343 be finally passed on its third reading. Motion carried by following vote: Yeas: Bonner, Curlee, Shepherd, McDowell, Bralley. Hayes: None. The Board of Aldermen then adjourned. Read and approved this 31st day of January 1921. tr . Mayor ATTEST: City Clerk 148 4