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Min 09/02/1920 v 1/1 SEPTENBER 2ND, 1920. • The Board of Aldermen of the City of Wichita Falls, Texas met in regular session in the above date for the transaction of the business of the City, with Mayor .D. Cline `Qresiding and Aldermen Bralley, Curlee, J i.v e-✓ Dowell and City Clerk Thorburn in attendance. The result of the Election on August 31st, 1920 were then can- vassed, and on the motion of Alderman Curlee, seconded by Alderman McDowell the following Resolution was unpnimousl carried. / — ' (f?lt z,_s GZe?�Ct u,��w (h�ra,GCiy- - 771.t..+ oe l- STATE OF TEXAS CITX OF WICHITA FALLS 0 COUNTY OF ..ICHITA WHEREAS, at a meeting of the Board of Aldermen of the City of Wichita Falls, Texas, held on the 2nd day of September A.D. 1920, at the regular meeting place thereof in the City Hall, a quorum being present, there came on to be considered the returns of an election held for the purpose of submitting tb the qualified voters who are property owners of said Dity, the uestion of tw adoption or the rejection of the benefits of the pro- visions of Chapter 11, of Title 22, of the Revised Civil Statutes of the State of Texas, of 1911, and being known as the Street Im rovement Law, and it appearing that the proposition of adopting said Chapter 11 of Title 22 received the necessary favorable vote, the following resolution was passed; AND WHEREAS, under and by virtue og an order entered by the Board of Aldermen of the City of Wichita Falls, lexas, on the 29th day of July, 1920, an election was held in said City do the 31st day of August, 1920, for the purpose of submitting to the sualified voters who are property owners of said City, the question of the adoption or rejection of the benefits of the provisions of Chapter 11, of Title 22, of the Reviled Civil Statutes of the State of Texas, of 1911, and being xnown as the Street Improvement Law, and; f WHEREAS, on this the 2nd day of September A.D. 1920, the same being a regular session of the Board of Aldermen of the City of Wichita Falls Texas, there cane on to be considered the reutrns of the said election so held in said City on the 31st day of August 1920, to determine whether or not the qualified voters of said City should adopt said Chapter 11, Title 22 of the Reviled Civil Statutes of Texas, and WHEREAS, upon consideration of the returns of said election it appears that the same was in all respedts legally held, after due notice had been given, and that the said returns were duly and legally made andthat there were cast at said election 239 votes, of which number 201 votes were cast "For the Adoption of Chapter 11, of Title 22 of the Revised Civil Sta- tutes of Texas," and 38 votes were cast "Against the adoption of Chanter 11, Title 22 of the Revised Civil Statutes of Texas," THEREFORE BE IT RESOLVED, by the Board of Aldermen of the City of .ichita Falls, Texas, that the proposition to adopt Chapter 11, of Title 22 of the Revised Civil Statutes of Texas, and being known as the Street Improvement Law was sustained by a majority- of the uhlified tax paying voters voting at said election, and said Chapter 11 of Title 22,•ofthe Re- vised Civil Statutes of the State of Texas, and known as the Street Improve- ment Law be and the same is hereby in all fespects adopted and is hereby declared to be in full force and effect in the City of Wichita Falls, Texas. 1 ( 1 0 0 0 0 0 0 d '01' A letter from G.E. ?immerman & Co. renuesting that the paving contract on Buchanan Street be cancelled was then considered, also a verbal request from the Oil City Paving Co.(Roy ':cDonald) t}at the paving contract on rilmore °treet be cancelled, nd Alderman McDowell moved that both requests be granted which motion was seconded by Alderman Curlee and carried. • • R V The Board ofAldermen them adjourned until 7:30 p.m. Sept. 4th, 1920, so as to give notice to the public, by notice in the Daily Times that the appropriation Ordinance would come before the Coancil and Public hearing on same was set for that time and date toswit, 7:30 p.m. Saturday, September 4th, 1920; At 7:30 p.m. the Board of Aldermen aqpin met ith Maya' Cline presiding and Aldermen Bralley, Curlee, McDowell , Bonner and>,City Clerk Thorburn in attendance. Mayor Cline tten presented the Budget of the City of Wichita Falls for the year April 1st, 1920 to March 31st, 1921, which budget is hare- with attached and Aldermen Ourlee then moved that the Budget "as read" by Mayor Cline be approved and adopted whiey motion was seconded by Alderman Bralley and carried. ORDINANCE NO 301 An ordinance granting to the North Texas Gas Co. the right to increase its rates for natural gas sold to gas users within the City of Wichita Falls, Wichita County, Texas, and fixing tha price to be charged by it for natural gas sold within the said City of Wichita Falls, .,exas, and. amending "An ordinance giving and g anting to .W. Baham, his associates and assigns the right to construct and operate gas workd in the City of Wichita Falls,Texas, and the right to lay mains and pipes and make all connections in the streets and alleys of the City ofWichita Falls and to do all other things necessary to the operation of said gas work$" in so far as it conflicts with the provisions of that ordinance, was on motion of Alderman McDowell, seconded by Alderman Curlee placed on its second reading by the following yea and nay vote: Alderman Curlee yea • Bralley yea • Bonner yea • McDowell yea Mayor Cline thendeclared Ordinance No. 301 passed on its second reading by all the Aldermen present voting yea. ORDINANCE NO 302 An ordinance granting to the Wichita Fa is Electric Co. its successors and assigns the right privilege and franchise to own, construct and maintain over certain streets and alleys in the City of Wichita Falls, Texas, a rail-road spur track was on motion of Alderman Bralley seconded by Alderman McDowell placed on its second reading by the following yea and may vote: Alderman Curlee yea " Bralley yea " Bonner yea McDowell yea Mayor Cline then declared Ordinance No 302 passed on its second reading by a 11 the Aldermen present voting yea. ORDINANCE NO 303 An ordinance prohibiting any person, firm, or corporation, representative or employe of said corporation not authorized by City officials to do so from tearing down, removing or destroying street or alley barricades in the City of Wichita Falls, texas, stat ng conditions under which barri- cades are to be removed and provid'ng for a penalty was on motion of Alderman Curlee, seconded by Alderman Bralley placed on its second reading by the following yea and nay vote: Alderman Curlee yea IL Bralley yea Bonner yea " McDowell yea Mayor Cline then declared Ordinance No 303 passed on its second reading by all the Aldermen present voting yea. • • A k, ORDINANCE NO. 304 An ordinance prohibiting any person, firm, or corporation, or any officer, representative or employe of said corporation from hauling or moving over the paved streets and alleys in the City ofWichita Falls, Texas, all tractors, heavy trucks using mud chains:, drilling machinery, and similar vehicles, stating conditions for hauling or moving when necessary to use the paved streets and alleys and providing for a penalty was on motion of Alderman Curlee seconded by Alderman McDowell placed on its second reading by the following yea and nay vote: Alderman Curlee yea Bralley yea Bonner yea McDowell yea Mayor Cline tyen declared ordinance No. 304 passed on itm second reading by all the Aldermen present voting yea. ORDINANCE NO.306 An ordinance requiring a permit from the city Engineer before any person, firm, corporation, or agent thereof shall construct, reconstruct, or repair any sidewalk, driveway or curb`ng within the City of Wichita Falls, stating the conditions under which said -permit is granted and providing for a penalty was on motion of Alderman McDowell seconded by Alderman Curlee placed on its first reading by the following yea'and nay vote: Alderman Curlee yea Bralley yea " Bonner yea " McDowell yea Mayor Cline then declared Ordinance No.306 passed on its calp reading by all the Aldermen present voting yea. Moved by Alderman McDowell that the purchase of forty three telephone poles for the Gamewell Fire Alarm System from the Southwestern Bell Telephone Co. for eighty six ($86.00) be approved and that the Mayor be authorized to sign contract for same and City Clerk be authorized to issue warrant for amount stated which motion was seconded b Alderman Curlee and caaried. ORDINANCE NO 305. An ordinance making an appropriation for the support of the City Government of the City of ichita Falls, for one year, beginning April 1st, 1920, ending March 31st, 1921. Making appropriation and provision for the payment of 250,000.00 of time warrants of the City, payable to C. . Nichols, said time warrants being given in payment for the construotionof a sanitary sewer in the City of Wichita Fails, and making appropriation for other purposes hereinafter named, and declaring an emergency was on motion of Alderman Curlee seconded by Alderman McDowell placed on its first reading by the following yea and nay vote: Alderman Curlee yea Bralley yea Bonner yea McDowell yea Mayor Cline then declared Ordinance No.305 passed on its first reading by all the Aldermen present voting yea. ys" • are- /a RESOLUTIONS AND 03DINAN2, S. _ Be it resolved by the Board of Aldermen, City of Wichita Falls, Texas, that it is hereby declared to be a public necessity to curb, pave and excavate Buchanan Street, the unpaved portion from Tenth Street to Ave. H Streets in the City of vichita Falls, Texas, as hereinafter set out. To build new curb or reset old curb according to the plan and specifications made by the City Engineer, of Wichita Falls, Texasm and on file in the office of the City Secretary, of Wichita Falls, 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 speedily prepare a preliminary estimate of the cost of the said improvement and present same to the Board of Alderman for their approval and that the City Clerk make the proper publication of these resolutions. SECOND RESOLUTION. Resolution ordering the improv ment of Buchanan Street the un- paved protion from 10th to Ave. H, Streets in the City of Wichita Falls, TExas. Be it resolved by the Board of Alderman 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 street shall be graded, excavated or filled. 2. That new curb be built or reset old curb and that said streets 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 one of the following materials, and bids be taken therefor, to-wit: (a) 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 Alderman after the bids are received. 4. That the cost of the said improvement shall be paid as follows: to-wit: • (a) The City of Wichita Falls, Texas, shall pay the whole cost of paving the intersections of said streets, named to be paved, with the other streets and alleys. (b) The remaining cost of such improvement shall be paid as foll- ows, to-wit: The owners of property, abutting on said streets, named to be paved, shall nay the whole cost of installing concrete curbs in front of their respective properties and of the remaining cost, the City of Wichita :walls, shall pay one-fourth and the owners of such abutting property three-fourths. That the proportion of the costs herein named tobe paid by the owners of abutting property shall be paid in three equal installment as hollows; one third cash, on the accepta ce 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 dage. That the said deferred payments shall bear interest at 8 per cent per annum from said date of acceptance, rovided that aaid o ners of abn- tting property shall the privilege of paying the said assessments in whole or in part before maturity, with accru4ed interest to the dale of payment. i�'. 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 General Laws of the State of Texas, and in accordance with what is known as the "front foot plan or rule," a3:eiz if 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 in particular cases, be unjust or unequal, it will be the duty of said 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 enhanced value to be received by each owner of said property, so as to produce a sub- stantial 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 no ice had been given such owner and a hearing as provided by the General Laws of the Stajte 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 improvement. That the Engineer of the City of Wichita Falls is hereby direc- ted at once to prepare specifications and file the same with the Board of Aldermen for each of the hereinabove described pavements or improvements. 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 payments hereinabove described. That such specifications shall require the bidder to make a bid upon the variotm 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 - ell as the method by which it is pro- posed to pay the cost of the aid pavement; said method being in accordance with this resol tion. THIRD RES1LUTION. Be it resolved by the Board of Aldermen of the City of Wichita Falls, that the specifications here presented to the Board of Aldermen by the City Engineer, and prepared by him for the improvement of the hereinabove described streets, as here ofore defined, having been aareffllly considered by the Board of Aldermen be, and the same are hereby approved and adopted as the specifications for the improvements of the said street. Be it further resolved by the Board of Aldermen that the City Secretary be, and is hereby instructed to, at once advertise for sealed bids for the construction of said improvement provided by the said specifications; such adv:rtisement to appear or be inserted in the Wichita Daily Times paper, a paper of meneral circuAation in the City of Wichita Falls, and shall run for a period of fifteen days from the date of the first insertion in the said paper; all bids to be made subject to the terms of the General Laws of the STate of Texas in such cases made and provided. Said nids shall be filed ith the City Secretary, and shall be o ened at a public meeting of the Board of Alderman. 11. On motion of Alderman McDowell seconded by Alderman Bralley the following resolution was unanimously carried. R-E-S-O-L-U-T-I-O-I BE IT RESOLVED by the Board of Aldermen Of theCity of Wichita Falls,Texas that all fines collected through the Corporation Court of the City of Wichita Falls, exas, for traffic violatinn, are hereby set apart and appropriated to the Street fund, to belneed for the improvement of Cm Streets in the City of Wichita Falls. All other funds colleoted through said Corporation Court are hereby set gpart and appropriated to the Sewer fund of the City, for expenses of the- an'tary Department. • The Board of Aldermen then adjourei. Read and approved this the /d day of 1920. ATTEST:- _ `-ag,WeeL04‘-.44411 City Cle .l 12