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Min 01/10/1921 I Morgan Building, Wichita Falls, Texas. January 10th, 1921. The Board of Aldermen of the City of Wichita Fails, Texas, met in regular session on the above date with the following present•- W. D. Cline, Mayor W. S. Curlee W. G. Bralley W. N. Bonner ALDERME N M. 0. McDowell R. E. Shepherd Geo. W. Thorburn, City Clerk Moved by Alderman Bre,lley that the order given by Street Commissioner Curlee to the Russell Grader Co of Dallas for a Russell Special Grader at a price of $718.70 b8 approved and ratified, which motion was seconded by Alderman Shepherd and carried. Moved by Alderman Shepherd that the City Clerk be authorized to issue warrant for balance due the Stutz Fire Engine Co., amounting to $10600.00 and interest, which motion was seconded by Alderman Bralley and carried. Dr. Reed, Chairman of the Park Board then came before the Council asking that the curbing at the Cemetery be put in as soon as practical and with an invitation to the Council to come to the Cemetery and view the improve- ments done in last month and also stated the 7oard had raised the salary of the Park Supt., Frank Lancaster to 4150.00 per month and had given him full charge of the Cemetery. Moved by Alderman Bralley that the City Clerk be authorized to furn- ish the Council room with chairs, hat racks, etc. which motion was seconded by Alderman Curlee and carried. Dr. Walker then submitted a comprehensive report on health and sanitary matters for the last six months and Alderman Curlee moved that the report be accepted and approved and that the thanks of the Council be extend- ed to Dr. Walker for his pains-taking efforts to improve the health of the City and for results obtained, which motion was seconded by Alderman Shepherd and carried. Moved by Alderman Bonner that the Mayor be authorized to order four cars of canned meats from the U. S. Surplus Supply, with the privilege of can- celling all cars after the arrival of the first one, which motion was seconded by Alderman Shepherd and carried. Moved by Alderman Bonner that S. C. Bates be permitted to install a Gasoline Filling Station on Lot 10 Block 118, Highland Addition under the usual provisions to-wit:- That the said•S. C. Bates, his successors and assigns, legal rep- resentatives and administrations hold the City harmless from any damages that may arise from the installation of said Gasoline Filling Station and that same be installed under the supervision of the City Engineer and removed at once on reouest of the Board of Aldermen, which motion was seconded by Alderman Curiae and carried. 132 Moved by Alderman Bonner, seoonded by Alderman Curlee that the following Resolution be adopted. Motion carried by following vote; Yeas: Bonner, Curies, Shepherd, Bralley, McDowell. Nayes: None. RESOLUTION That Whereas the committee heretofore appointed by the Board of Aldermen of the City of Wichita Falls, Texas to obtain and secure the neces- sary right-of-way for Street purposes over and across the hereinafter described property in said City of Wichita Falls, Texas having been unable to reach an agreement with the owners of said property as to the value of said land and the damages occasioned by reason of the acquisition of said right-of-way across said property:- And whereas the Board of Aldermen of the City of Wichita Falls, Texas deems it necessary for the public welfare that a street be opened up and laid out over and across the hereinafter described property. Now therefore"Be it ordained and resolved by the Board of Aldermen of the Ci y of Wichita Falls Texas that a street be opened up and laid out over and acrosg the following described tracts of lands in said City of Wichita Falls, loxes, described by field notes as follows to-wit:- FIELD NOTES DESCRIPTION OF PARCEL NO.1. Being a part of Block T, City of Wichita Falls, Texas, and as shown on plat recorded in office of District Clerk, on page 116, Book No.1 and being more particularly described as follows:- • Beginning at a point which is ninety four and nine tenths feet (94.9') N. 35 degrees 13' W of the Northwest corner of Blook 91 said point being in the West line of Block T and fourteen and nine tenths (14.9' ) feet from the Southwest corner of said Block T. Thence N. 35 degrees 13' W. with the West line of Block T sixty one (61) feet; Thence N. 44 degrees 43' E two hundred fifty one and six* tenths (251.6') Fee, to a point in the West right of way line of the Ft. W. & D. C. Ry., said point being fifty (50) feet from and at right angles to center line of main track of said Ft W. & D. C. Ry; Thence S 45 degrees 171 E with the west right of way line of the Ft W. & D. C. Ry. which is fifty (50) feet from and parallel with the center line of main track of said Ft. U. & D. By sixty (60) feet; thence S. 44 degrees 43' E two hundred sixty two and two tenths (262.21 feet to the place of beginning. Containing thirty five one hund- redths (35/100) acres. DESCRIPTION OF PARCEL NO.2 Being a part of Block T in the City of Wichita Falls, Texas, and being more particularly described as follows:- Beginning at a point which is ninety four and nine tenths (94.9) feet N. 35 degrees 13' W. of the Northwest corner of Block 91,sadd point being in the west line of Block T and fourteen and nine tenths (14.9') feet from the Southwest corner of said Block T; thence N 44 degrees 43' E one hundred fifteen and six tenths (115.6') feet; thence in a Southerly direction with the•circum.. Terence of circle, whose radios is one hundred sixty one (161') feet, eighty four and three tenths (84.3') feet to a point in the South boundary line of Block T; thence S. 54 degrees 47' W. with the South line of Block T thirty eight and six tenths (38.8') feet to the Southwest corner of said Block T; Thence N. 36 degrees 13' W. with the west boundary line of Block T fourteen and nine tenths (14.9) feet to the place of beginning. Containing three one hundredths (03/100) acres. And that the City Attorney of this City be and he is hereby instructed,authorized and empowered to proceed at once to take such legal steps as may be necessary and proper for the acquisition and condemnation of said right-of-way over and across said land feat said street. 133 • — RESOLUTION CLOSING HEARING TO 'ROPERTY OWNERS AND OTHERS INTER:_STED IN IMPROVEM1LNT OF-IVENUE A, FROM THE SOUTH PROPERTY LINE OF TENTH STREET TO THE SOUTH PROPERTY LINE OF ELEVENTH STREET, AND ON NINTH STREET, FROM THE WEST PROP RTY LINE OF DENVER STREET TO 100 FEET WEST OF THE WEST PROPERTY LINE OF TAYLOR STREET, .AND OF GRANT STREET. FROM 100 FEET NORTH OF THE NORTH PROPERTY LINE OF AVENUE D, TO THE CEYTER OF THE INTERSECTION WITH AVENUE H, AND OF EIGHTH STREET, FROM THE EAST PROPERTY LINE. F BLUFF STREET TO THE WEST PROPERTY LINE OF BROOK STREET AND DETERMINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LO S AND PARCELS OF PROPERTY AND TEE OTHERS THEREOF. BE IT RESOLVED BY TEE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: That, . • WHEREAS, the Board of Aldermen of the City of Wiohita Falls has heretofore ordered the following hrotions of streets in said City improved by raising, grading andfiliing same and installing concrete curbs and gutters, andpaving with Warrenite Bitulithic Pavement on crushed stone foundation, to-wit: Avenue A, from the South property line of Tenth Street to the South property line of Eleventh Street: Ninth Street, from the West property line of Denver Street i to 100 feet West of the West property line of Taylor Street: Grant Street, from 100 feet North of North property line of Avenue D, to the center of intersection with Avenue H: Eighth Street, from the East ,property line of Bluff Street to the West property line of Brook Street: and, WRAH.EAS, by resolution of the Board of Aldermen adopted on the 16th day of December, 1920, 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 10th day of JaniB ry 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 such hearing the following protests were made: J. T. Shaffer, owning 2108 Ninth Street. Mrs. Wells, owning 2106 Ninth Street. G. R. Walker, owning 2209 Ninth Street. 0. P. Roberts, owning 1303, 1305 and 1307 Eighth Street. Mrs. Ellen Huggins, owning 1301 Eighth Street, 800 Bluff Street. T. H. Cardin, owning 1315 Eighth Street, i 134 I 1 l . J. L. Millican, owning 1306 Eighth Street. protesting against the cost of such improvement and that this is an inopportune time therefor: I. That all protests and objections, whether herein specific ally mentioned or not, be and they are hereby over-ruled. 1 II. 6 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 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 l6th day of December, 1920, and examined and approved by the Board, and that such produces and effects sub- stantial 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 Avenue A, will be benefited in enhanced value by means of such improvements on said portion aC Avenue A in an amount in excess of the portion of costs to be ass- essed 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 Ninth Street will be benefited in enhanced value by means of such improvements on said portion of Ninth 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 I portion of Grant Street will be benefited in enhanced value by means of such improvements on said portion of Grant Street in an amount in excess of the portion of costs propoaed to be assessed against same as shown on said estimate reports and statement: of the City Engineer; and that each parcel or lot of lama. abutting on said portion of Eighth Street will be benefited in enhanced value by means of such improvements on said portion of Eighth Street in an amount7in excess of the portion of cost proposed to be assessed against same as shown on said estimates reports and statements of the City Engi- neer. IV. That said sums be assessed against said lots or parcels of 1 property-, and against the owners thereof, and the City Attorney is hereby directed to prepare form of ordinance, levying such assess- ments in accordance with the Charter and laws in force in this city and in accordance with the ordinances, resolutions and other proc- , eedings of the city applicable thereto. 11 V. That said hearing be and it is hereby closed as to all parties and as to all said improvements. VI. 61 That this resolution take effect from and after its passage. a ti� Moved by Alderman Curlee that J. O. Carpenter be permit,ed to in- stall a Gasoline Filling Station at 1003 Ohio ave. unde& the usual provis- ions to-wit:- That the said J. 0. Carpenter, his successors and assigns, legal representatives and administrators hold the City harmless from any damages , that may arise from the installation of said Gasoline Filling Station,and it be installed under the supervision of the City angineer and removed at once on request of the Board of Aldermen, which motion was seconded by Alderman Shepherd and carried. • ORDINANCE NO. 340. AN ORDINANCE creating the examining and supervising Board of plumb- ers, designating the members thereof, and prescribing their power and duties and term of office;providing for the licensing of plumbers, and the giving of indemnity bonds by persons, firms or corporations engaged in the business of plumbing in the City of Wichita Falls, Texas, and setting forth the riles, regulations, manner and way in which plumbing work shall be done; the kind and class of materials to be used in such work, the inspection of plumbing and the saale of fees for such inspection; defining the power add duties of t the City Sngineer and Inspector of Plumbing, and requiring permits for cer- tain kinds of plumbing drainage, and compelling buildings under certain con- ditions to be connected with sanitary sewers, prohibiting the throwing of waste garbage etc., into the sewer system, and the injuring of the system in any m manner, and prescribing penalties for the violation of any of the provisions of this act, and repealing all ordinances and carts of ordinances in conflict with same, and declaring an emergency. was on motion of Alderman Curies, seconded by Alderman McDowell put on its first reading and passed by the following vote:- Yeas:- Bonner, Bralley, Curlee, McDowell, Shepherd. Mayes:- None Moved by Alderman Curlee that the rule requiring ordinance to be read on three separate days be suspended, which motion was seconded by Alderman McDowell and carried. Moved by Alderman Curlee that the Ordinance be passed on its second reading, which motion was seconded by Alderman McDowell and carried by the following vote:- Yeas: Curlee, Bonner, McDowell, Bralley, Shepherd. Bayes:- None Moved by Alderman Curlee that the Ordinance be put on its third and final reading, which motion was seconded by Alderman McDowell and carried by the following vote:- Yeas:- Shepherd, Bralley, Bonner, McDowell, Curlee. Mayes:- Bone. Moved by Alderman Curlee seconded by Alderman Shepherd, that it be declared a public necessity to curb and pave Brook Street between 8th and 10th Street and that the following resolutions be adopted, which motion was carried by the following tote. Yeas:- Bralley, Bonner, Curlee, Shepherd, McDowell. �•i Nayes:- None. • 136. 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:- Brook Street, between 8th and 10th Street. 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 according 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 speedily prepare a preliminary estimate of the cost of the said improvement and present same to the Board of Zldermen for their approval and that the City Clerk make the proper publication of these resolutions. RESOLUTION NO. 2. { Resolution ordering the improvement of the following street:- Brook Street Between, 8th and 10th street. Be it resolved by the Board of Aldermen of the City of Wichita Falls, Texas, that the above described street shall be improved in the foll- owing manner, to-wits 1.That the said street 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 oneof the following materials, and bids be taken therefor, to-wit: (8) Cement Concrete. 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 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 the 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 sad d 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 ass- essments in whole or in part before maturity, with acceued interest to the date of payment, and default in payment of any installment shall at option of hold- er and owner of assessment mature all unpaid installments. That the proportion of said costs payable by the owners of said abut- ting property shall be assessed against the said cwners and against their said property in accordance with the terns of the eneral 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 Alder- men 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 re- ceived by each owner of said property so as to produce a substantial equality of benefits by, and burdens imposed upon each owner. eee 137 That no assessments shall be made against any such owner or his prop- erty until after notice has been given such owner and a hearing as provided by the General Laws of the State of Texas, and provided that no assessment shall be made against any owner or his ,roperty in excess to the benefits to suoh property in enhanced value thereof by said improvement. That the Engineer of the City of Wichita Fails, is hereby directed at once to prepare specifications and file the same ith the Board of Alder- men for each of the hereinabove described pavements or improvements. That each street or portion thereof mentioned herein shall be con- sidered aseparate 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 main- tenance bond as herein provided. The said specifications shall also state the amount of the oonstrn- otion bond required to be given, as well as the method by which it is pro- posed to pay the cost of the said pavement , said method being in accordance with this resolution. THIRD RESULUTION 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 Brook Street between 8th and 10th Street, in said City having been approved and adopted as the specifications for the improvement of said portions of said street. x x X x x X u Moved by Alderman Curlee that W. B. Cowan be permitted to install a Gasoline Filling Station at 701 lee Street under the usual provisions to-wit: That the said T. B. Cowan, his successors and assigns, legal representatives and administrators shall hold the City harmless from any damages that may arise from the installation of said Gasoline Filling Station, and that same be installed under the supervision of the City Eng- ineer and removed at once on the request of the Board of Aldermen, which motion was seconded by Alderman Bralley, and carried. The Board of Aldermen then adjourned. Read and ap proved this �2— day of aaraga'--.- 1921. Or Attest: � r inyo r City Clerk Jai 138