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Min 01/28/1924Wichita Falls, Texas, Basement Morgan Bldg., January 28th 1924. The Board of Aldermen of the City of Wichita Falls, Texas, met in regular called session at 1:30 P. Lt. on the above date with the following present:- Frank Collier, Mayor R. E. She pher d X J. T. Young X B. A. Stayt m r A l d e r m e n J. H. Patton W. E. I4McBroom, City Clerk Attorney Fred weeks and A. Allen, appeared before the Council protesting against the over - assessment of the American Ref- ; ining Company, tank cars for the years 1921, 1922, and 1923. After due consideration the following motion was put in order. Moved by Alderman ahepherd that it being a proven fact that all the American Refining Co's., tank cars are never in the City limits at one time; that their assessment be reduced to 150 tanks cars for each of the years 1921, 1922, and 1923, and the taxes on over-assessment 1tted. It being understood that this reduction will not lower the of taxes for these years to an amount less413,362.06. Motion seconded by Alderman Stayton and carried. Moved by Alderman Shepherd that it being agreeable to E. Z:.. Mann his commission in connection with the American "efining Company tax suit be reduced from approximately $590.00 to X362.06. Motion seconded by Alderman Stayton and carried. Moved by Alderman Shepherd that due to error of Tax Assessor the following valuations be reduced for the years 1922, and 1923, and taxes on over - valuation be remitted. Lot 7, Block 3, Kemp Addition from X500.00 to 9200.00. Lot 24, Block 2, Sayles Addition from X300.00 to $200.00. Motion seconded by Alderman Stayton and carried. #ir # ## It The Board of Aldermen then adjourned. Read and approved this day of A. D. 1924. ATTEST:- Mayor ity C Clerk V Wichita Falls, Texas, Basement Dorgan Bldg-, January 28th 19240 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date with the following present : - Fr R. B. N. J. J. W. W. ank E. A. M. T. H. E. E. Collier, Mayor Shepherd i Stayton i Clifford A 1 d e r m e n Young i Patton i McBtoom, City Clerk George, City Attorney, Moved by Alderman Stayton that due to the house having been burned in 1922, on Lot 14, Block 19, Fairview Addition, the valuation for the year 1923, be reduced from 4450.00 to $50;.00 and the taxes on over valuation be remitted. Motion seconded by Alderman Shepherd and carried. The hearing to property owners on Kemp Boulevard was called and after hearing all protests the following motion was put in order. Moved by Alderman Stayton that the following resolution be adopted. Motion seconded by Alderman Young and carried by the follow- ing vote : - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S 0 L U T I O N. RESOLUTION CLOSING HEARING TO PROPERTY OWNERS AND OTHERS IN- TERESTED IN IMPROVEMENT OF KEMP BOULEVARD BETWEEN THE SOUTH PROPERTY LINE OF TENTH STREET AND THE SOUTH PROPERTY LINE OF AVENUE G, AND DETERMINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS, PARCELS OF PROPERTY AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, has heretofore ordered the following portion of Street in said City improved by raising, grading and filling same and installing concrete curbs and paving with one course re- inforced concrete pavement to-wit: All the unp aved portion of Kemp. Boulevard, from its intersection with the South Property Line of Tenth Street to the South Property Line of Avenue G. WHEREAS, by resolution of the Board of Aldermen adopted on the 8th day o f , January 1924, it is ordered that a hearing to all owners of property abutting on said portbon of said street, and all others in- terested, be held in the Council Chamber in the Morgan Building at 7 :30 P. M. on the 28th day of January 1924, 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: 13. G. James, C. E. Hale, Mrs C. H. Polston, Mrs. M. P. Johnson, protesting against the cost of such improvements and that this is an in- opportune time therefor: I. ! That all protests and objections, whether therein specifically ' mentioned or not, be and they are hereby over - ruled. i II. a 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 the said imlprovement s. III. -The Board further finds from the evidence before it that the proper rule of apportionment of the cost of such improvement is that app- lied and shown on the estimates reports, and statements of the City Engi- neer filed on the 8th day of January 1924, 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 Kemg Boulevard will be benefitted in enhanced value by means of such improvements on said portion of Kemp Boulevard in an amount in excess of-the portion 'of costs to be assessed against same as shown on said estimates, reports, and state- ments 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 form of Ordinance, levying such assessments in accord- ance with the Charter and Laws in force in this City, and in accordance with the Ordinances, resolutions and other proceedings applicable thereto. V. That said hearing be and is hereby closed as to all parties and as to all said improvements. VI. That this resolution take effect from and after its passage. 0 BD INANC E NO. 489 ORDINANCE LEVYING ASSESSMENT FOR ?ART OF THE COST OF IMPROVING A PORTION OF KEMP BOULEVARD IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 489 be passed on its first reading. Motion seconded by Alderman Young and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Naye s : None. Moved by Alderman Clifford that the hearing to property own- ers with reference to paving 9th Street from Broad to Brook be continued until February 11, 1924, at 7 :30 P. M. in the Basement of the Morgan Build- ing. Motion seconded by Alderman Patton and carried. Moved by Alderman Clifford that the petition of T. B. Noble for permission to erect a 46 X 80 brick store building on Lot 17, Block 70 A Highland Heights Addition be received and a °hearing ordered on Feb - ruary 11, 1924s Motion seconded by Alderman Stayton and carried. A canvass of the preferential vote as to the kind of pavement property ovners on Austin street from 8th to 11th Street preferred, was made and it appearing that the maj:- - >rity desired Concrete pavement the following motion was put in order: Moved by Alderman Stayton that the following resolution be adopted. Trlotion seconded by Alderman Young and carried by the follow - ing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION ACCEPTING BID FOR IMPROV.,a1MT OF A PORTION OF AUSTIN STREET AM DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Austin Street from its intersection with the South Property jine of Eighth Street to the North Property Line of Eleventh Street Eby installing concrete curbs aid paving with one course reinforced concrete pavement and by rai- sing, grading, and filling same, together with necessary appu-rtenances,and thereafter plans and specifications were duly adopted and approved for such improvement, bids were advertised for, and received, and on the 8th day of January 1924 such bids were opened, and, WHEREAS, the bids received have been fully canvassed and con- sidered and the City Council after duly and fully considering same is of the opinion that the bid of L. E. FWhitham & Company is the most advantage- j ous and should be accepted: TEXAS: i NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS, I. That the bid of L. E. Whitraam & Company for the making and construction of the said improvements on said portion of street filed with the City, be and same is hereby accepted. II That the form of contract embraced in the specifications be and the same is hereby adopted and approved, and the Mayor is authorized and directed to' enter into contract for such improvement with L. E.Whitham & Co and to execute such contract for and on behalf of and in the name of the i City, and the, City Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. III. This resolution shall take effect and be in force from and after its passage. j Passed and Approved this 28th day of January 1924. { i I r r I i I ' f w Moved by Alderman Patton that all bids submitted for paving Broad Street from 11th to 15th Street be rejected. Motion seconded by Alderman Shepherd and carried. Moved by Alderman Clifford that all bids submitted for paving Fifteenth Street from Broad to Grace be rejected. Motion seconded by Alderman Patton and carried. the referential vote as to the kind of property owners on Austin ree ee preferred, was ade and it app eari J or ity desired concrete p m a on as put in order: Moved by Alderman Stayton that the following resolution be ad- opted. Motion seconded by Alderman Young and carried by the following vote: - Yeas : Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S RESOLUTION D IRECTING THE BOARD OF ALDER1,11EN SHOWING STREET FROM ITS INTERSECTION TO THE NORTH PROPERTY LINE OF 0 L U T I 0 N THE CITY ENGINEER TO t+AKE i2M F I WITH ESTIMATED COST OF IMPROVEMENT OF AUSTIN fdITH THE SOUTH PROPERTY LINE OF EIGHTH STREET ELEVENTH STREET. BE IT RESOLVED BY THE BOARD OF ALDERIJEN OF THE CITY OF WICHITA FALLS, THAT: WHEREAS, the Board of Aldermen of the City ff Wichita Falls, Texas, 'has heretofore ordered the improvement of Austin Street from its intersection with the South Property Line of Eighth Street to the North Property Line of Eleventh Street by raising, grading, and filling same and installing concrete pavement and has caused advertisements to be made for bids for the making and construct- ion of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the manner des- cribed, and with one course reinforced concrete spavementp as shown in the specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions of Section 108 of the City Charter, to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City,the proportion to be assessed against the abutting property and the owners of land abutting thereon and benefited thereby, and the owners thereof the rate per lineal foot proposed to be assessed for curb, and the amount to be assessed in each came for curb, the rate per front foot of property proposed to be assessed for excavation for pavement, and the rate for paving, and the total amount proposed against each such lot or parcel of land and the owners thereof, and such report may show any other mat- ter or things, and shall show the estimated amount of damages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said improvements. Such report shallin all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of Austin Street. I I. This resolution shall take effect from and after its passage. The City Engineer submitted the following report. ;fit+ "� TO THE MAYOR AND BOARD OF ALDER -11EN OF THE CITY OF WICHITA FALLS, TEXAS. GENTLEMEN: I hand you herewith report and estimate of the cost of imp - rovang Austin Street from its intersection with the South iroperty Line of Eighth Street to the North Property Line of Eleventh Street and showing the amount to be assessed against such property owners, etc., as required by the Charter and laws and by the proceedings of your Honorable Body. As ig shown on this report the estimated amount payable by the City for this improvement will be The estimated amount parable by the owners of property will be i q 84 P. The estimated cost to property owners per lineal foot of curb is _o , .moo The estimated amount to be assessed for excavation for pave- ment per front foot is x The estimated cost to be assessed against property owners for pavement is 6 . G 8 o -L- per front foot. The estimated cost to be assessed against property owners for pavement, exclusive of curb is 4, G Po Z per front foot; The estimated damages are nothing in any case. This estimate and report is based upon one course reinforced concrete pavement all in accordance with the specifications therefor here- tofore filed with this Honorable Body. Respectfully submitted, F. M. Rugeley, City ingineer. adopted. Moved by &l.derman Stayton that the following Resolution be Motion seconded by Alderman Clifford and carried by they following vote: - Yeas Shepherd, Stayton, Tatton, Young, Clifford. Naye s : None. R E S O L U T I O N RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO COST AND ASSESSMENT FOR THE IMPROVEMENT OF AUSTIN STREET FROM ITS INTERSECTION WITH THE SOUTH PROPERTY LINE OF EIGHTH STREET TO THE NORTH PROPERTY LINE OF tLEVENTH STREET FIXING A TIME AND PLACE FOR A HEAR.' ING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECT12IG THE CITY CLERK TO GIVE NOTICE THEREOF AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: WHEREAS, the Board of Aldermen of the City of Wichita Falls, has heretofore ordered the improvement of Austin Street from its inter - dection with the South Property Line of Eighth Street to the North Property Line of Eleventh Street 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 cost of constructing curbs along said portion of said street,and not exceeding ninety per cent of the remaiAing cost of such improvement, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said property is the property that will be benefited by means of said improve- ments; and the City Engineer has made and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvement and esti- mated amount to be assessed acains t. each lot or parcel of land, and the owner thereof and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected: r' I. That said report of the City Engineer filed on the 28th day of January 1924; be and it is hereby adopted and approved. II. That a hearing shall be given to the property owners proposed to be ass - essed for the said improvements, being the property abutting on said por- tion of said street, and to all others interested, and shall be given arm held in the council Chamber in the Basement of tthe Morgan Building in the City of Wichita Falls at 7:30 P. 11. o'clock on the 18th day of February 1924, and at which 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 co nst ruc t in same, or in the cont- ract therefor, or the proceedings with reference hereto, or the benefits or damages to said property, shall be fully and fairly heard as to any or 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 their property in enhanced value by means of said improvement, and as to dama- ges to said property or the ovners thereof resulting from or to be-sus- tained-by reason of said improvement, or as to any other matter or thing in any wise incident to or connected with the said improvement, contract, proceedings, or assessment therefor, or method or manner or paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and're- quired by law and the provisions of the City Charter. And other claims or matters may be presented 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 desir- ing to be heard have been fully heard, and after all have been fully and fairly heard, the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel of property and against the ommer thereof, and will determine the lots or parcels benefited by means of said improvement, and will determine the amount of damages, if any, to each lot or parcel of property and the owner thereof, the enhanced value `of property by means of said improvement, and will correct any errors, mistakes, or invalidities in any proposed assessment, and in any proceed- ing vi'th reference to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance make and levy assessments against each such piece or parcel of property and against the oviners thereof in the proportion provided abid in the man- ner and form and in accordance with the terms required by law in force in this City, and the City Charter, and the ordinances, resolutions, and other proceedings of this Board. After such hearing is closed anyone desiring to appeal there- from shall prosecute any appeal to any Court having ijurisdie - ion within twenty (20) days from the date such hearing is closed and final assessment levied and not thereafter, and all persons, firms, corporations, estates and other parties shall after the expiration of twenty (20) days from the levying of such assessment be forever barred and estoppel from in any man- ner doubting or resisting same or asserting any error, irregularity, mis- take or invalidity thereon. The City Clerk is hereby directed to give notice of the time and place of said hearing to the owners of said property and to all bthers interested by causing such notice to be published in the official news- paper of the City, which notice shall be substantially the following form, towit : "TO THE OWNERS OF PROPERTY ABU TING ON AUSTIN STREET frOM ITS INTERSECTION liVITH THE SOUTH PROPERTY LIl� _EIGHTH STREET TO THE NORTH PRO- PERTY LINE OF ELEVENTH STREET AND' TO -ALL HERS INTERESTED ". Notice is hereby given of the intention of the City to pr oceed with the improvement of Austin - Street from its intersection with the South Property Line of Eighth Street to the North Property Line,of Eleventh Street by raising, grading, and filling same end installing concrete curbs and pav- ing with one course re- inforced concrete pavement and all lots and land benefited by means of the said improvement and such assessments, when levied shall be a first and prior lien upon the lots and land assessed, and a per- sonal claim and a charge against the owners thereof. On the 18th day of February A. D. 1924, in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 7:30 P. M. o' clokk all such owners and their agents will be fully heard by the Board of Aldermen 1 i Fd � and any protests, 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 such lot or parcel of land and the owners thereof will be determined and an assessment therefor will be levied. Plans and specifications for the improvement, and form of con- j tract and report of Engineer showing estimated cost thereof and estimated amount of assessment against each such lot or parcel of land and the owners thereof, afe on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is Q iZ,02_,9. s4�; The estimated amount to be assessed againbt property owners is i The estimated amount to be assessed for curb is o, A-to per lineal foot of curb;-and, The estimated amount of the assessment against property owners and their property for pavement and excavation is , 6 8 per front foot. B21 persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvement, the assessment therefor, the benefits therefor, the damages resulting therefrom, or the proceedings connected therefrom or the proceedings connected therewith, shall be and appear before said Board of said time and place. Done in accordance with the resolut on of the Board of Alder- men f the City of Wichita Falls, Texas, on the day of A.D. 192 . W. E. McBroom, City Clerk. And said notice shall be publishent in said paper not less than four times, and the first of said publications shall appear not less than 14 days prior to the date set for said hearing not counting the date of hearing and the City Clerk shall caus a 'to be mailed to each owner whose -name appears on said report of the City Engineer, a registered letter containing a copy of the said notice, such notice to be deposited in the Post Office at Wichita Falls, but such notice by letter shall be cumulative of the advertisement,and such notice. by 'advertisement shall be sufficient whether 'or not any other notice be given and whether or not such notice by letter be received or sent. Passed and Approved this day of r A.D.1924. i A canvass of the preferential vote as to the kind of pavement property owners on Fillmo"re Avenue from Avenue G, to Avenue I, preferred was made and it appearing that the majority desired Bitulithic Pavement the foll- owing motion was put in order. Moved by Alderman Shepherd that the following Resolution be adopted. owing vote:- Motion seconded by Alderman Clifford and carried by the foll- ' Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S G L U T I O N RESOLUTION ACCEPTING BID FOR INPPROVEME9T OF A PORTION OF PLAT ldYeSTREET AND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered that Filmore Street from its intersection with five feet north of the North Property Line of Avenue G, to its intersec with the North Property Line of Avenue I. by installing concrete curb A awing with Bitulithic pavemento-�, � and by raising, grading, and filling same, together with necessary sppurte- ' nances, and thereafter plans and specifications were duly adopted and approved for such improvement, bids were advertised for, and received, and on the ,9th day of January 1924, such bids were opened, and *Wr WHEREAS, the bids received have been fully canvassed and con- sidered and the City Council after duly and fully considering same is of the opinion that the bid of Jac West Texas Construction is the most advantageous and should be 'accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY of WICHITA FALLS, TEXAS; 1'� V I. That the bid of West Texas Construction Co., for the making and construction of the said improvements on said portion of street filed with the City, be and same is hereby accepted. II. That the form of contract embraced in the specifications be and the same is hereby adopted and approved, and the Mayor is authorized and directed to enter into contract for such improvement with Vest Texas Construction Company, and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Moved by Alderman Staytcm that the following Resolution be adopted. Motion seconded by Alderman Clifford and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Naye s : None. R E S 0 L U T I O N RESOLUTION DIRECTING THE CITY ENGINEER TO 111AKE AND FILE REPORT WITH THE BOARD OF ALDERMEN SHOWING ESTIMATED COST OF IMPROVEMENT OF FIL- MORE STREET FROM ITS INTERHECTION WITH FIVE FEET NORTH OF THE NORTH PROP - ERTY LINE OF AVENUE 19, TO ITS INTERSECTION 'IITH THE NORTH PROPERTY LINE OF AVENUE I,. - BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, ` Texas, has heretofore ordered the improvement of Filmore Street from its intersection with five feet north of the North Property Line of Avenue G, to its intersection with tae North property Line of Avenue I, by rai- sing grading and filling same°and installing concrete curbs and gutters and pavement with foundation, and has caused advertisements for bids for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the said manner and with the Warrenite- Bitulithic Pavement, and con- crete foundation, as shown in specifications adopted therefor. 1' The City Engineer is hereby directed, in accordance with pro- visions of Sgction 100 of the City Charter, to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City, the proport- ion to be assessed against the abutting property and the owners land ab- utting thereon and benefited thereby, and the owner thereof, a owner there- of, the rate per lineal foot proposed to be assessed for curb, and the -amount to be assessed in each dase for curb, the rate per front foot of property proposed to be assessed for excavation for pavement, and the rate for paving, and the- total amount proposed to be assessed against each such lot or parcel of land and the owner thereof, and such report may show any other matters or things, and shall show the estimated amount of damages if any, to each piece or parcel or property, and the owner thereof, which will be sustained by reason of said improvements. Such reports shall in all respects comply with the prow` sions of the City Charter and with Chapte er II of Title 22 of the hevised Statutes of the State of Texas of 1911, ri and in all respects comply with the resolutions and other proceedings of this board with reference to the proposed improvement of said Filmore Street This resolution shall take effect from and after its passage. C7 The City Engineer submitted the following report. TO THE MAYOR AND BOARD OF ALDER TE N OF THE CITY OF WICHITA FALLS, TEXAS: GENTLEMEN: I hand you herewith report and estimate of the cost of improving Filmore Street from its intersection with five feet North of the North Prop- erty Line of Avenue G, to its intersection with the North Property Line of Avenue I. and showing the amount to be assessed against such property owners, etc., as required by the Charter and laws and by the proceeding of your Hon - orable Body: As is shown on this report the estimated amount payable b the city for this improvement will bed �Tv y • j T I The estimated amount payable by the owners of property will be Xii /, 7 73. 4y ; I The estimated cost to property owners per lineal foot of curb is �7 •.�s� j i The estimated amount to be assessed for excavation for pavement per front foot; The estimated cost to be assessed against property owners for pavement, including base, is per front foot: i The estimated cost to be assessed against property owners ex- i elusive of the cost of curb is ;_G. �a8u per front foot; The estimated damage is nothing in any case. i This estimate and report is based upon concrete curbs and gut - ters and Warrenite- Bitulithie Pavement on Concrete foundation, all. in accord- ance with the specifications therefor heretofore filed with this Honorable Body. , Respectfully submitted. F. M. hugeley, City Engineer. adopted. Moved by Alderman Stayton that the following Resolution be Uotion seconded by Alderman G1i;?ford_,.afid carried by the foll- owing vote:- j Yeas' Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. j R E S 0 L U T I O N RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG- INEER AS TO THE COST AND ASSESSMENTS FOR THE IMPROVEMENT OF FILMORE STREET PROM ITS INTERSECTION 'KITH FIVE FEET NORTH OF THE NORTH PROPERTY LINE OF AVENUE G, TO ITS INTERSECTION WITH THE NORTH PROPERTY LINE-OF AVENUE I, FIX- ING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRIBING THE FOIM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Filmore Street from its intersection with five feet North of the North Property Line of Avenue G. to its intersection j with the North Property Line of Avenue I. and has received estimates, plans and specifications from the City Eilgineer, and after adoption of same and after due -.ode advertisement and notice, competitive bids were received and it has been deter- mined that all of the cost of constructing curbs along said portion of said street, and not exceeding ninety per cent of the remaining cost of such improve - ment, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said property is the property that will be benefited by means of said improve - went; and the City Engineer has made and filed with the Mayor and Board of Ald- ermen his report and estimate of the cost of such improvement, and the estimated amount to be assessed against each lot or parcel of land, and the owner thereof, and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected: EM �� 1 • That a hearing shall be given to -the owners of property proposed to be assessed for the said improvement, being the property abutting on said portio�} of said street, and to all others interested, and sameshall be given ar�r held in the Council Chamber in the Basement of the b�q rgan Build - in in the City of Wichita Falls at ?-°o'clock P. M., on the play of A. D. 192 and at which hearing and at said ' and place avrners o;:_ said pr operty, or any of them their agents or attorneys, or any one else in any manner interested either in the 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 benefits or damages to said property, shall be fully and fairly heard as to any or 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 their said property in enhanced value by means of said improvement, and as to damages to said property or the owners thereof resulting from or to be sus- tained by reason of said improvement, or as to xy any other matter or thing in any wise incident to or connected with the said improvement, contract, proceedings or assessment therefor, or the method or manner or paying for same. III. That any claim for damages shall be made in writing, and shall set forth the matters and things in the manner and form provided and re- quired by law and the provisions of the City Charter. 41nd other claims or matters may be presented 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 desir- ing to be heard have been fully heard, and after all have been fully and fairly heard the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen ti;ill determine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and will determine the lots or parcels benefited by means of said improvement, and will determine the amount of damages, if any, to each lot or parcel or property and the owner thereof, the enhanced value of each lot or parcel of property by means of said improvement, and will correct any errors, mistakes, or invalidities in any proposed assessment, and in any proceeding with reference to the making or construction of said imp- rovements, or the levying of assessments therefor, and will thereafter, by ordinance, make and levy assessments against each such piece or parcel "f property and against the ownersWhereof in the proportion provided and in the manner and form and in accordance with the terms required and pro- vided by law in force in this city, and the City Charter, and the ordinan- ces, resolutions and other proceeding of this Board. After such hearing is closed anyone desiring to appeal there- from shall prosecute an appeal to any Court having jurisdiction within 20 days from the date such hearing is closed and final assessment levied, and not thereafter, and all persons, firms, corporations, estates, and other parties shall, after the expiration of twenty days from the levying of such assessment, be forever barred and estoppel from in any manner doubting or resisting same or asserting any error, irregularity, mistake or invalidity therein. The City Clerk 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 be published in the official news - paper of the City, which notice Fhall be in substantially the following form: to -wit: "TO THE . OWNERS OF PROPERTY ABUTTING ON FILMORE STREET FROM ,ITS INTERSECTION WITH FIVE FEET NORTH OF THE NORTH PROPERTY LINE OF AVENUE G TO ITS INTERSECTION WITH THE NORTH PROPERTY LINE OF AVENUE I, AND TO ALL OTHERS INTERESTED ": Notice is hereby given of the intention of the City to proceed with the improvement of Filmore Street from its intersection with the five feet North of the North Property Line of Avenue G to its intersection with the North Property Line of Avenue I, by raising, grading and filling same and installing concreteccurbs and gutters and paving with Warrenite- '" Bitulithic Pavement on Concrete foundation, and all lots and land abutting on said street and all lots and land benefited by means of the said improve- ment, and such assessment$, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and charge against the owners .thereof. of Council ChamberOnin *he th�1 o� rgandBuildi in the y of Diehit an Cheat o'clock 2.M., all such owners and'their agents or attorneys, or any o her persons or parties desiring to be heard, will be fully heard by the Board of Aldermen, and any protests, objections or claims will be full and fairly heard. The benefits and damaikes resulting from said imp- rovements will be determined and the amounts to be assessed against each such lot or parcel of land and the owner thereof will be determined and an assessment therefor will be levied. Plans and specifications for the improvement, and form of contract and report of Engineer showing estimated cost thereof, and est- imated amount of assessment against each such lot or parcel of land and the owners thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is The estimated amount to be assessed against property owners is The estimated amount to be assessed for curb isp o, �s- per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is per front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise con- nected with said improvements, the assessment therefor, the benefits there- of, the damages resulting therefrom, or the proceedings connected therewith shall be and appear before said Board of said time and place, I Done in accordance with resolution of the Board of Aldermen r of the City of Wichita Falls, Texas, on the _ day of A. D. 192 W. E. McBroom, City Clerk. And said notice shall be published in said -paper not-less than four times, and the first of said publications shall appear not less than 14 days prior to the date set for said hearing, not counting the day of hearing, and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a registered let- ter containing a copy of the said notice, such letter to be deposited in the Post Office at Wichita Falls, but such-notice by letter shall be cum- ulative of the notice by advertisement, and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. Passed and approved this day of A. D. 1924. .ter►' A canvass of the preferential vote as to the kind of pave- ment property owners on Marshall Street from Huff Avenue to 12th Street preferred, was made and it appearing that the majority desired concrete the following motion was put in order: adopted. Moved by Alderman Stayton that the following resolution be owing vote: - Motion seconded by Alderman Young and carried by the foll- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Naye s : None. R E S O L U T I O N RESOLUTION-ACCEPTING bid FOR IMPROVEMENT OF A PORTION OF MAR - SHALL STREET AND DIRECTING EXECUTION OF CONTRACT. �`�► WHEREAS, the City of Wichita Falls, has heretofore ordered that Marshall Street from the South Property Line of Huff Avenue to the North Property Line of Twelfth Street by installing concrete curbs and paving with one course reinforced concrete pavement and by'raising grad- ing and filling same, together with necessary appurtenances, and there- after plans and specifications were duly adopted and approved for such improvement, bids were advertised for, and received, and on the 7th day of January 1924, such bids were opened, and mop WHEREAS, the bids received have been fully canvassed and con - sidered and the City Council after duly and fully considering same is of the opinion that the bid of L. E. Whitham & Company is the most advantageous and should be accepted: TEXAS: NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS, I. That the bid of L. E. Whitham & Company for the making and construction of the said improvements on said portion of street filed with the City, be and same is hereby accepted. II. That the form of contract embraced in the specifications be and the same is hereby adopted and approved, and the Mayor is author - ized and directed to enter into contract for such improvement with L. E. Whitham & Company and to execute such contract for and on be- half of and in the name of the City, and the City Clerk is hereby authorized and directed to attest same in the name of the City to impress thereon the City's corporate seal. III. This resolution shall take effect and be in force from and after its .passage. (10VIA� AD ### # # ## !!. Moved by Alderman Young that the following Resolution be ad- opte d. Motion seconded by Alderman Patton and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION D is TING T'-'E CITY ENGINEER TO 1TAKE AND FILE WITH THE BOARD OF ALDERMEN OWING ESTIMATED COST OF IMPROVEMEMT OF MARSHALL STREET FROM ITS INTERSECTION WITH THE SOUTH PROPERTY LINE OF HUFF AVENUE TO THE NORTH PROPERTY LINE OF TWELFTH STREET. BE IT RES CtLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: WHEREAS, The Board of Aldermen of the City of Wichita Falls, Texas has heretofore ordered the improvement of Marshall Street from its intersection with the South Property Line of Huff avenue to the North Property Line of Twelfth Street by raising, grading, and filling same and installing concrete curbs and pavement with foundation, and has caused advertisements to be made for bids for the making and con- struction of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the man- ner described, and with one .course reinforced concrete pavement as shown in the specifications adopted thyerefor. I. The City Engineer is hereby directed, in accordance with pro- visions of Section 108 of the City Charter, to make and file a report with the Board of Aldermen showing thereon the estimated cost of the pr.oposed improvements, the proportion thereof to be paid by the City, the proportion to be assessed against the abutting property and the owners . of land abutting thereon and benefited thereby, and the owners thereof, the rate per lineal foot proposed to be assessed for curb, and the amount to be assessed in each case for curb, the rate per front foot of property proposed to be assessed for excavation for pavement, and the rate for paving, and the total amount proposed against each such lot or parcel of land and the owners thereof, and such report may show any other matter or things, and shall show the estimated amount of damages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said improve- ments. Such report shall in all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of Marshall Street. I I. This resolution shall take effect from and after its passage. The City Engineer submitted the following report and estimate of the cost of improving Marshall Street from its intersection with the North` Property Line of Huff -avenue to the South Property Line of Twelfth Street and showing the amount to be assessed against such property owners, etc. as requ- ired by the Charter and laws and by the proceedings of your Honorable Body: As is shown on this report the estimated amount payable by the City for this improvement will be $ 4-40.2-0 The estimated amount payable by the owners of property will be � '4a3z The estimated cost to property owners per lineal foot of curb is 4 0"40 ; The estimated amount to be assessed for excavation for pavem6ut per front foot is The estimated cost to be assessed against property owners for pavement is 4 6.76,2-z_ per front foot; The estimated cost to be assessed against property owners for pavement, exclusive of curb is �, 7GyZ- per front foot; The estimated damages are nothing in any case. This estimate and report is based upon one course reinforced concrete pavement all in accordance with -the specifications the refor here- tofore filed with this Honorable Body. Respectfully submitted, F. M. Rug el ey, City Engineer. Mov ed by Alderman Young that the following Resolution be ad- opted. _ Motion seconded by Alderman Patton and carried by the follow- ing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION APPROVING THE REPORT AND ESTILIATE OF THE CITY ENG- INEER AS TO COST AND ASSESSMENT FOR THE IMPROVEMENT OF MARSHALL STREET from ITS INTERSECTION gITH THE NORTH PROPERTY LINE OF HUFF AVENUE TO THE SOUTH PROPERTY LINE OF TWELFTH STREET FIXING A TII11E AND PLACE FOR A HEARING TO PRO - PERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOT- ICE THEREOF AND PRESCRIBING THE FORD OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDER-.MV OF THE CITY OF WICHITA FALLS, TEXAS: THAT, WHEREAS, the Board of aldermen of the City of Wichita Falls, has heretofore ordered the improvement of Marshall Street from its inter- section with the North Property Line of Huff Ave., to the South Property Line of Twelfth Street 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 cost of constructing curbs along said portion of said street, and not exceeding ninety per cent of the remaining cost of such improvement, as de- termined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said pro- • perty is_ the property that will be benefited by means of said improvements; and the City Engineer has made and filed with the Mayor and Board of Alder- men his report and estimate of the cost of such improvement and estimated amount to be assessed against each lot or parcel of land, and the owner there- of and showing other matters and things required by law and the City Charter and the proceeding of this Board for such reports, and same has been examined and corrected: I. That said report of the City Engineer filed on the 28th day of January 1924, be and it is hereby adopted and approved. . II. That a hearing shall be given to the property owners proposed to be assessed -for the said improvements, being the property abutting on said portion of said street, and to all others interested, and shall be given are held in the Council Chamber in the Basement of the Morgan Building in the City of Wichita Falls at 7:30 P. l,d. o'clock on the J Jsth day of February 1924, and at which hearing and at said time and plac: 1 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 benefits or damages to said property, shall be fully and fairly heard as to any or said matters and as to the amounts to be ass - essed against the said property and against. the owners thereof, and as to the benefits to their property in enhanced value by means of said improvement, and as to damages to said property or the oviners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any wise incident to or connected with the said improvement, contract, proceedings, or assessment therefor, or method or manner or paying for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required by law and the provisions of the City k'harter. And other claims or matters may be presented either orally or in wtiting and at such hear- ing 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 folly and fairly heard, the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will deter- mine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and will determine the lots or parcels benefited by means of said improvement, and will determine the amount of damages, if any, to each lot or parcel of property and the owner thereof, the enhanced value of property by means of said .improvement, and will correct any errors, mistakes, or invalidities in any proposed assessment, and in any proceeding with reference to the making or con- struction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, make and levy assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and in accordance with the terms required by law in force in this City, and the City Char- ter, and the ordinances, resolutions, and other proceedings of this Board. After such hearing is closed anyone desiring to appeal there- from shall prosecute any appeal to any Court having jurisdiction with- in twenty (20) days from the date such heariikg is closed and final ass- essment levied and not thereafter, and all persons, firms, corporations estates, and other parties shall after the expiration of twenty (20) days from the levying of such assess._-ent, be forever barred and estopped from in any manner doubting or resisting same or asserting any error, irregularity, mistake, or invalidity therein. The -City Clerk 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 be published in the offi- cial newspaper of the City, which notice shall be substantially the following form, topwit: "TO THE OVVNERS OF PROPERTY ABUTTING ON MARSHALL STREET FROM ITS INTERSECTION v1ITH THE NORTH PROPERTY LINE OF HUFF AVENUE TO THE SOUTH PROPERTY LINE OF TWELFTH STREET AND TO ALL OTHERS INTERESTED ". Notice is hereby _ given of the intention o f the City to pro- ceed with the improvement of Marshall Street from its intersection with the North Property Line of Huff Avenue to the South Property Line of Twelfth Street by raising, grading, and filling same and installing con- crete curbs and paving with one course reinforced concrete pavement and all lots and land benefited by fleans of the said improvement, and such assessments, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and a charge against the owners thereof. 3�!2 ■ On the J.pth day of February A. D. 1924, in the Council Chamber in the Morgan Building in the City of Viichita Falls at 7:30 P. M. o'clock, all such owners and their agents will be fully hear& by the Board of Aldermen and any protests, 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 such lot or parcel of land and the a owners thereof will be determined and an assessment therefor will be letied. Plans and specifications for the improvement, and form of con- tract and report of Engineer showing estimated cost thereof and estimE ted amount of assessment against each such lot or parcel of land and the owners thereof are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is The estimated amount to be assessed against property owners is The estimated amount to be assessed for curb is o. a per lineal foot of curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is _�.7G�z_. per front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise con- nected with said improvement, the assessment therefor, the benefits there- for, the damages resulting therefrom, or the proceedings connected the re- wit�L, shall be and appear before said Board of said time and place. Done in accordance with the resolution�g f the Board of Alder- men of the City of Wichita Falls, Texas, on the _ 2 day of ata� a A. D. 1924. W. E. McBroom, City Clerk. And said notice shall be published, in said paper not less than four times, and the first of said publications shall appear not less than 14 days prior to the date set for said hearing, not counting the date of hearing and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a registered letter containing a copy of the -said notice, such notice to be deposited in the Post Office at Wichita Falls, but such notice by letter shall be cumulative of the advertisement,and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. Passed and approved this day o A.D.1924. A canvass of the preferenital vote as to the kind of pavement property owners on Twelfth Street from the center of Marshall Street to Broad Street preferred, was made and it appearing that the majority desired concrete the following motion was put in order. Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Young and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton,Young, Clifford. Naye s : None. R E S O L U T1I O N _ RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF TWELFTH ,STREET AND DIRECTING EXECUTION OF CONTRACT. WHEREAS, the City of Wichita Falls, has heretofore ordered -that Twelfth Street from the Center of Marshall Otreet to the viest Property Line of Broad Street be ,improved by installing concrete curbs and paving with one course reinforced concrete pavement and by raising, grading, and filling same, together with necessary appurtenances, and thereafter plans and specifications were duly adopted and approved for such improvement, bids were advertised for, and received, and on the 71.h day of January 1924, such bids were opened, and, K2 `✓ r-- I l WHEREAS, the bids received have been fully canvassed and con - sidered and the City Council after duly and (Lilly cons iderflg: °same is of the opinion that the bid of L. E. Whitham & Compares is the most advantage- ous and should be accepted: NOW THEREFORE, BE IT RESOLVED BY THE CITY OF `, ICHITA FA11S, TEXAS: I. That the bid of Z. E. Whitham & Company for the making and construction of the said improvements on said portion of street filed with the City , be and same is hereby accepted. II. That the form of contract embraced in the specifications be and the same is hereby adopted and approved and the Mayor is authorized and directed to enter into contract for such improvement with L. E. Whitham & Company and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 28th day of January 1924. Moved by Alderman Shepherd that the following Resolution be adopted. Motion seconded by Alderman Clifford and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION T ING �E CITY ENGINEE1 WO !.,1ALT AND FILE WITH THE BOARD OF AI�DERME U6JING ESTIMATED COST OF IM.PROVEIdENT OF TWELFTH STREET FROM THE CENTEi OF ,SARSH.= STREET TO THE WEST PROP [�R! "Y LINE OF BROAD STREET. BE IT RESOLVED BY THE BOARD OF AIDERIvIEN OF THECITY OF WICHITA FALLS, THAT: WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has heretofore ordered the improvement of Twelfth Itreet from the center of Marshall Street to the West Property Line of Broad Street by raising, grading, and filling same and installing concrete curbs and pave - mentwith foundation, and has caused advertisements to be made for bids for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the manner described, and with one course reinforced concrete pavement, as shown in the specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions of Section 108 of the City Charter to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City, the propor- tion to be assessed against the abutting property and the owners of land abutting thereon and benefited thereby, and the owners thereof, the rate per lineal foot proposed to be assessed for curb and the amount to be assessed in each lase for curb, the rate per front foot of property pro - posed to be assessed for excavation for pavement, and the rate for paving and the total amount proposed against each such lot or parcel of land and the owners thereof, and such report may show any other matter or things and shall show the estimated amount of damages, if any, to each piece or parcel of property and the owner thereof, which will be sustained by rea- son of said improvements. Such report shall in all respects comply with .the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of Twelfth Street from the center of j Marshall Street to the West Property �ine of Broad Street. e: i.. 0 �I i I I. This resolution shall take effect from and after its passage. The City Engineer submitted the following report. TO THE "MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WI CH IT A FALLS, TEXAS. GENTLEMEN: I hand you herewith report and estimate of the cost of imp- roving Twelfth Street from the center of Marshall Street to the Jest Prop - erty Line of -6road Street and showing the amount to be assessed against such property owners, etc. as required by the Charter and laws and by the proceedings of your Honorable Body: As is hhoesn on this report the estimated amount payable by the City for this improvement will be , Z� . f6 The estimated amount payable by the owners of property will be The estimated cost to property owners per lineal foot of curb is ; The estimated amount to be assessed for excavation for pave- men per front foot is �' / ; The estimated cost to be assessed against property owners i for pavement is 4 2, a P ail per front foot; The estimated cost to be assessed against property omens for pavement, exclusive of, curb is Q �. o j0L_1q per front foot; The estimated damages are nothing in any case. This estimate and report is based upon one course reinforced concrete pavement all in accordance with the specifications therefor here- tofore filed with this Honorable Body. Respectfully submitted, If. I% Rugeley, City Engineer. Moved by Alderman Shepherd that the following Resolution be adopted. I Motion seconded by Alderman Clifford and carried by the fol- lowing vote:- Yeas: She ,herd, Stayton, Pattoh,Young, Clifford. Naye s : 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 ASSESSIZ11T FOR THE IMPROVEMENT OF TWELFTH STREET FROM THE CENTER OF MARSHALL STREET TO THE WEST PROPERTY LINE OF BROAD, STREET FIX- ING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF TRE CITY OF WICHITA FALLS, TEXAS: THAT, r../ WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Twelfth Street from the center of Mar- shall Street to the West Property Line of Broad Street and has received est- imates, plans, and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, competitive bias were received and it has been determined that all of the cost of constructing curbs along said portion of said street, and not exceeding ninety per cent of the remain- ing cost of such improvement, as determined at the hearing hereinafter merit- ionea shall be assessed against the property abutting thereon and against the 1 61 owners thereof, and that said property is the property that will be bene- fited by means of said improvements; and the City Engineer has made and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvement and estimated amount to be assessed against each lot or parcel of land, and the owner thereof and showing other matters and things required by law and the City Charter and the proceedings of this Board for such reports, and same has been examined and corrected: I. That said report of the City Engineer filed. on the 28th day of January 1924, be and it is hereby adopted and approved. II. That -a hearing shall be given to the property owners proposed to be assessed for the said improvements, being the property - abutting on said portion of said street, and to -all others interested, and shall be given are held in the Council Chamber in the Basement of the Morgan Building in the City of Wichita Falls, at 7:30 P. M. a�clock on the 18th day of February 1924, and at which hearing and at said time and place the owners of said property, or any of them, their agents or att- orneys, 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 con- structing same, or in the contract therefor, or the proceedings, with reference thereto, or the benefits or damages to said property shall be fully and fairly heard as to any or 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 their property in enhanced Value by means of said improvement, and as to damages to said property or the owners there- of tesulting from or to be sustained by reason of said improvement, or as to any other matter or thing in any wise incident to or connected with the said improvement contract proceedings, or assessment therefor, or me- thod or manner or paving for same. III. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and re- quired by law and the provisions of the C.ity Charter. And other claims or matters may be presented 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 folly and fairly heard, the said hearing B will be closed, and at said hearing and from the facts before it the oard of Aldermen will determine the amounts to be assessed against each lot or. parcel of property and against the owner thereof, and will determine the lots or parcels benefited by- means of said improvement, and will determine the amount of damages, if any, to each lot or parcel of property w and the owner thereof, the en- hanced value of property by means of said improvement, and ill correct any errors mistakes, or invalidities in any proposed assessment, and in any proceeding with reference to the making or construction of said im- provements or the levying of assessments therefor, and will thereafter, by ordinance, make and levy assessments against each such place or par- cel of property and against the owners the- eof in the proportion provided and in the manner and form and in accordance with the terms required by law in force in this City, . and the City Charter, and the ordinances, res- olutions, and others proceedings of this Board. After such hearing is closed anyone desiring to .appeal therefrom shall prosecute any appeal to any court having jurisdiction within twenty (20) days from the date such hearing is closed and final assessment levied • and not thereafter, and all persons, firms, corporations, estates, and other parties shall, after the expiration of twenty (20) days from the levying of such assessment, be forever barred and estopped from in any manner doubting or resisting same or asserting any error, irregularity, mistake, or invalidity therein. The City Clerk 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 be published in the official news- paper of the City, y, which notice shall be substantially the following form, to -wit: Yw�WMWWiY Weir ri- m lfk ®Wi � "TO THE OWNERS OF PROPERTY ABUTTING ON TWELFTH STREET fROM THE CENTER OF MARSHALL STREET TO THE weST PROPERTY LINE OF BROAD STREET AND TO ALL OTHERS INTERESTED"* Notice is hereby given of the intention of the City to pro- ceed with the improvement of Twelfth Street from the center of Marshall Street to the South Property Line of Twelfth Street by raising, grading, and filling same and installing concrete curbs and paving with one course re- inforced concrete pavement and all lots and land benefited by means of the said improvement, and such assessments, when levied, shall be a first and prior lien upon the lots and land assessed, and a personal claim and a charge against the owners thereof. On the 18th day of February -a. D. 1924, in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 7:30 P. M. o'clock, all such owners and their agents will be Hilly heard by the Board of Aldermen, and any protests, objections, or claims will be folly and fairly heard. The benefits and damages resulting from said improve- ments will be deterrhined and the amounts to be assessed against each such lot or parcel of land and the owners thereof will be determined and an assessment therefor will.be levied. Plans and specifications for the improvement, and form of contract and report of Engineer showing estimated cost thereof and estimate amount of assessment against each such lot or parcel of land and the owners thereof, are on file in the office of the City Clerk and open to inspection. The estimated cost of the said improvement is The estimated estimated amount to be assessed against property ow ers is The estimated amount to be assessed for curb is 0.,-/0 per lineal foot of curb; and The estimated amount of the assessment against property owners and their property for pavement and excavation is front foot. All persons, firms, corporations, or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvement, the assessment therefor, the benefits therefor, the damages resulting therefrom, or the proceedings connected therewith, shall be and appear before said Board of said time and place. Done in accordance with the resolutio* of the Board of Alder- men of the City of Wichita Fa-_ls, Texas, on the day of A. D. 19 2�. W. E. McBroom, City Clerk. And said notice shall be published in said paper not less than four times and the first of said publications shall appear not less than 14 days prior to the date set' for said hearing, not counting the date of hearing, and the City Clerk shall cause to be mailed to each owner whose name appears on said report . of the City Engineer, .a registered letter con- taining a copy of the said notice, such notice to be deposited in the Post Office at Wichita Falls, but such notice by letter shall be cumulative of the advertisement, aiA such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such 3zkc notice by letter be received or sent. Passed and Approved this 28th day of January A. D. 1924. .r . -I �4 - Moved by Alderman Stayton that the City Engineer be instructed to tabulate prices on paving of Scott Street from 13th to the Nichita Valley Tracks and the City Clerk be instructed to mail cards to the property owners with the bid prices thereon, requesting that they re- turn same stating their preference and that action on bids be deferred until 7:30 P. "I. February 4, 1924. Motion seconded by Alderman Young and carried. Moved by Alderman Shepherd that Chas. hialowoski be permitted to use a portion of the street at 813 -815 Lamar Street for storage of building material until May 15, 1924. Motion seconded by Alderman Clifford and carried. Moved by Alderman Patton that due to error in tax assessment the valuation on that portion of Lots 8, 9, and 10, Block 1709 Orig- inal Townsite, owned by the Odd Fellows Lodge, be reduced from $5,000. to $3,000. for the year 1923, and taxes on over - valuation be remitted. Motion seconded by Aldt:;rman Shepherd and carried. Moved by Alderman Young that the resignation of Joe B. Carrigan as Recorder of the Corporation Court effective February 1, 1924, be accepted. Motion seconded by Alderman Shepherd and carried. Moved by Alderman Young that E. S. ddhitelaw be appointed re- corder of the Corporation Court to grill out the unexpired term of Joe B. Carrigan, said appointment to be effective February 1, 1924. Motion seconded by Alderman Patton and carried. Moved by Alderman Shepherd that the bill of 439.68 covering i expense of W. E. George,attrip to Austin in connection with the Muni- cipal Gas Company case be' allowed. Motion seconded by Alderman Stayton and carried. Moved by Alderman Young that Miss Ernest Knight and Miss Stella Watson be permitted to construct and operate a hamburger stand on rear of Lot 1, Block 36, Original Townsite, provided they get a permit from the City Health Officer, and under the usual provisions to -wit: That the said Miss Ernest Knight and ldiss Stella Watson, =their successors, administrators, assigns and legal representatives shall hold the City of aichita Falls, harmless from any damages that may arise from the operation and erection of said hamburger stand, and that they shall cease to operate said hamburger stand when so ordered by the Board of Aldermen of the City of Wichita Falls, Texas. Motion seconded by Alderman Stayton and carried. r • I ,` ORDINANCE NO. 487 AN ORDINANCE AMENDING SECTION ONE OF ORDINANCE 398, TERIAEB: THE WE IGHT S AND MEASURES ORDINANCE: Moved by Alderman Stayton that Ordinance 487 be passed on its third and final reading. lowing vote:- Motion seconded by 41derman Clifford and carried by the fol- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. Moved by ?alderman Shepherd that the Park Superintendant be authorized to buy a team of mules for a consideration of X80.00. Motion seconded by Alderman Stayton and carried. Moved by Alderman Shepherd that effective February 1st, 1924 the Park Superintendant's salary be raised to 9175.00 per month. Motion seconded by Alderman Patton and carried. ORDINANCE NO. 488 AN ORDINANCE AI;IENDING PARAGRAPH FFIE OF SECTION ONE OF ORD- INANCE NO. 445 PROVIDING FOR RATES AND REGULATIONS OF WICHITA FALLS WATER DEPARTMENT. Loved by Alderman Shepherd that Ordinance 488 be passed on its first reading. owing vote:- Motion seconded by Alderman Young and carried by the foll- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. Moved by Alderman 6hepherd , that .the: rules A,+:! , requiring Ordinances to be read on three separate dates:N -ld emergency measure be declared. _ _. lowing vote: - Motion seconded by Alderman Clifford and carried by the fol- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ORDINANCE NO.488 AN ORDINANCE AMENDING PARAGRAPH FIVE OF SECTION ONE OF ORD- INANCE NO. 445 PROVIDING FOR RATES AND REGUL iT I ONS OF WICHITA FALLS WATER DEPARTUE NT. Moved by Alderman Clifford that Ordinance 488 be passed on its second reading. lowing vote: - Motion seconded by Alderman Stayton and carried by the fol- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: ;done. ORDINANCE NO. 488 AN ORDINANCE i ENDING PARAGRAPH FIVE OF SECTION ONE OF ORDINANCE NO. 445 PROVIDING FOR RATES AND REGULATIONS OF WICHITA FALLS WATER DEPART - JENT . 1�1oved by Alderman Clifford that Ordinance 488 be passed on its third and final reading. '1.1ot ion seconded by Alderman Young and carried by the follow- ing vote: - Yeas: Shepherd, Stayton, yatton, Young, Clifford. Naye s : None. 44#rFrrr rF;irr'rrr3rir r'r The Board of Aldermen thEn adjourned. Read and Approved this day of - 24. ATTEST:- City Clerk a I w5lf-' '�e, — �Iay o r.