Min 02/04/1924Wichita Falls, Texas,
Basement lJorgan Bldg.,
February 4th 1924.
The Board of Aldermen of the City of Nichita Falls, Texas, met
in regular session on the above date with the following present:-
Frank Collier, Ivlafor
R. E. Shepherd,
B. A. Stayton r
J. T. Young, A l d e r m e n
J. H. Patton.
j W. E. I +ZcBr0om, City Clerk
W. E. George, City Attorney.
A representative of Mrs. Joe Lane made application for per-
mission to install and operate a hamburger stand on lots 7 and 81 Block
A, Second Floral Heights Addition, and after discussion the following
motion was put in order.
Moved by Alderman Stayton that the application of iars Joe
Lane as above stated be recdived and the City Clerk be instructed to
advertise for a public hearing on said application to be held in the
Basement of the 14organ Building at 7:30 P. 111A. February 18, 1924.
Lotion seconded by Alderman Shepherd and carried.
0. B. Kelley appeared before the Board asking for immediate
action in the opening of Front Street stating that the narrow condition
of this street was the cause of many accidents.
Wichita Falls, Texas.
January 28th, 1924.
Hon. Mayor and City Commissioners,
Wichita Falls, Texas.
Gentlemen:-
This is to certAfy that the pavement on Travis Street from
the South Property Line of Ninth Street to the North Property Line of
Tenth Street has been completed by L. E. Whitham & Co., in accordance
with the Plans and Specifications therefore heretofore filed with your
honorable body.
I. therefore, recommend that this pavement be accepted.
Respectfully,
F. M. Rugel ey,
City Engineer.
a
adopted.
Moved by Alderman Shepherd that-the following resolution be-
Motion seconded by Alderman Stayton and carried by the fol-
lowing vote:
Yeas: Shepherd, Stayton, Patton, Young.
f Naye s : None.
R E 3 GLUT ION.
RESOLUTION ACCEPTING THE IMPROVEMENTS ON TRAVIS STREET FROM
ITS INTERSECTION 'ITH THE NORTH PROPERTY LINE OF TENTH STREET TO THE
SOUTH PR C2ER TY LINE OF NINTH STREET AND DIRECTING THE MAYOR AND CITY
CLERK TO ISSUE CERTIFICATES OF SPECIAL ASSESSMENT LEVIED AGAINST THE
VARIOUS LOTS OR TRACTS OF LAND AND THE OWNERS THEREOF ABUTTING UPON SAID
PORTION OF SAID STREET.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS,
WHEREAS, the Board of Aldermen of the City of Wichita Falls,
has heretofore ordered that Travis Street from its intersection with the
North Property Line of Tenth Sttreet to the South Property Line of Ninth
Street be improved by raising, grading, and filling same and installing con-
crete curbs and paving same and after due notice and hearing, special ass-
essments were. levied against the various lots and tracts of land and the
owners thereof abutting upon the said portion of said street, and contract
for the mating and construction of the said improvements was entered into
with L. E. Whitham & Company.
WHEREAS, the said L. E. Whitham &c Co., has fully performed
its said eontract and the said improvements have been made and. constructed
in accordance with the said contract and the specifications - therefor, and
to the entire satisfaction of this Board.
I.
That the said improvements on said portion of said street
be and the same are hereby accepted and L. E. `Nhitham & Co., and the sure-
ties on its construction bond are hereby. released of any further obligation
for or on account of the contract or bond for the making and constructing
of said improvements.
II.
That this resolution does not and shall not in any wise eff-
ect the bond of the said company for the maintenance of the said improve-
ments, but such maintenance bond shall and does remain in full ,force and
effect.
III.
That the ''ayor and City ''lerk be and they are hereby auth-
orized, instructed, and directed to issue to L. E. v&itham & Company cer-
tificates of special assessment in evidence of the various assessments
levied against the respective lots or parcels of land abutting upon said
portion of said street, and the owners thereof, and against which special
assessment has been levied, reciting the deucription of such property, the
amount of the assessment against same, the owner the reof, the terms of pay -
men thereof, the rate of interest, the date of completion and acceptance
of the said improvements, the lien of the said assessment and the personal
obligation and liability of the owner of the property, and reciting that
all proceedings with reference to making such improvements have been re-
guularly had in accordance with the Law, the Charte5r of said City, the
terms of the certificate, and that all prerequisites to the fixing of a
lien and claim of personal liability evidenced by the certificates have
been performed and containing other appropriate and pertinent recitals
and in accordance with the contract with the said company and the law in
force in this City, and the proceedings of this Board.
IV.
This resolution shall take effect from and after its passage.
Passed and approved this the 4th day of February, 1924.
0
ORDINANCE NO. 489
ORDINANCE LEVYING ASSESS LENT FOR ?ART OF THE COST OF IMPROVING
A PORTION OF KEMP BLVD IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE
AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR ]HE
COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES, AND DECLARING AN EMERGENCY.
Moved by Alderman Stayton that Ordinance 489 be passed on
its second reading.
Motion seconded by Alderman Young and parried by the foll-
owing vote: -
Yeas: Shepherd, Stayton, Patton, Young.
Naye s : None.
�r
Moved by Alderman Stayton that the Treasurer be authorized and
instructed to make the following transfer of d r supplies
furnished and services rendered other Depart urin_ he period of
April, 1st, 1923 to December 31, 1923.
Debit General Fund X537.13
Sewer Fund 891.14
Park Fund 1146.71
Credit, Street Fund
$2,574.98
Motion seconded by Alderman Shepherd and carried.
1.10ved by Alderman Shepherd that the Bid of vest Texas Co -
struc tion Company gScott Avenue STom :7.9. TTorth of the N. P. L oil
Thirteenth street to the - aichita Valley tracks.
Motion seconded by dlderman Stayton and carried by the foll-
owing vote:-
Yeas Shepherd, Stayton, Patton, Young.
N ayes : None.
Moved by Alderman Shepherd that the following resolution be
adopted.
Motion seconded by Alderman Stayton and carried by the fol-
lowing vote:-
Yeas: Shepherd, Stayton, Patton, Young.
Nayes: None.
R E S 0 L U T I 0 N.
RESOLUTION DIRECTING THE CITY ENGINEER TO I.1AKE AND FILE RE-
PORT 'r4ITH THE BOARD OF ALDERI,1EN SHOWING ESTIMATED COST OF IMPROVEMENT
OF SCOTT AVENUE FROT;1 70 FEET NORTH OF THE NORTH PROPERTY LINE OF 13TH
STREET TO ITS INTERSECTION WITH THE WICHITA VALLEY RAILROAD TRACKS.
BE 1T ESOLVED BY THE BOARD OF ALDERTIEN 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 Scott Avenue from its
intersection with 70-feet north Of the North Property Line of 13th Street
to its intersection with the Wichita valley Railroad tracks, by raising
Igrading 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 there-
for have been taken, and said Board has determined to make the same in
the said manner and with the Warrenite- 3itulithic Pavement, and concrete
foundation, as shown in specifications adopted therefor.
1.
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
ownersiland abutting thereon and benefited thereby, and the owners
thereo , a owner thereof, the rate per lineal foot proposed to be ass-
essed 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 exca-
vation for pavement, and the rate for paving, and the total amount pro-
posed 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 report shall in all respects comply with
the provisions of the City `'harter and with Chapter II of Title 22 of
the Revised Statutes of the State of Texas of 1911 and in all respects
comply with the resolutions and other proceedings of this board with
reference to the proposed improvement of said portion of Scott Avenues
I I.
This resolution shall take effect from and after its passage.
1
ciiLs
Moved by Alderman Shepherd that the following report of -the
City Engineer be adopted.
lowing vote:-
Motion seconded by Alderman Stayton and carried by the fol-
Yeas: Shepherd, Stayton, Patton, Young.
Naye s : None.
The City Engineer submitted the following rdport.
TO THE MAYOR AND BOARD OF AI,UERIZEN OF
THE CITY OF WICHITA FALLS, TEXAS;
GENTLEI;ZEN :
I hand you her
proving Scott Avenue from its
property Line of 13th Street,
Railroads tracks, and showing
owners, etc., as required by
your Honorable Body:
°with report and estimate of the cost of im-
intersection wity 70 feet North of the north
to its intersection with the 'Jichitq Valley
the amount to be assessed against such property
the Charter and laws and by the proceeding of
As is shown on this report the estimated amount payable by
the City for this improvement will be x;3,589.52 :
The estimated amount payable by the owners of property will
be 426,798.28;
The estimated cost to property owners per lineal foot of
curb is w0.45 ;
The estimated amount to be assessed for excavation for pave -
men is nothing per front foot;
The estimated cost to be assessed against property owners
for pavement, including base, is X14.9321 per front foot:
T74e estimated cost to be assessed against property owners
exclusive of the cost of curb,' is X14.9321 pest front foot:
The estimated damage is nothing in any case.
This estimate and report is based upon concrete curbs and
gutters and `darrenite- Bitulithic Pavement on doncrete Fo ,,ziidation , all in
accordance with the specifications therefor heretofore filed with this Hon-
orable Body,
respectfully submitted.
F. M. Rugeley, City Engineer.
be adopted. Moved by Alderman Shepherd that the following Resolution
lowing vote:-
Motion seconded by Alderman Stayton, and carried by .the fol-
Yeas: Shepherd, Stayton, Pag #.on, Young,
Nayes� None.
R E S 0 L UT I O N
RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG-
INEER AS TO THE COST AND ASSESSIa7ENTS FCE THE IMPROVEMnTT OF SCOTT AVENUE FROM
ITS INTERSECTION SEVENTY FEET NORTH OF THE NORTH PROPERTY LINE OF THIRTEENTH
STREET TO ITS INTERSECTION WITH THE WICHITA VALLEY RAILRAOD_ TRACKS, FIXING 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 ALDERIJ.EN OF THE CITY OF WICHITA '
FALLS, TEXAS: THAT,
WHEREAS,
the Board of Aldermen of the City of `v'Jichita Falls has
heretofore ordered the improvement of Scott Aveilue from its intersection
Seventy Feet North of the North Property Line of Thirteenth Street to its
intersection with the Wichita Valley Railroad Tracks, and has received
estimates, plans and specifications from the City Engineer, and after ad-
option of same 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 determined at the hear-
ing hereinafter mentioned, shall be assessed against the property abutting
thereon and against the owners thereof, and that said property is the prop -
erty that will be benefited by means of said improvement; and the City Eng-
ineer has made and filed with the Mayor and Board of Aldermen 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 :_utters 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:
1.
That a hearing shall begiven to the owners of property proposed
to be assessed for the said improvements, being the property abutting on
said portion of said street, and to all others interested, and same shall
be given are held in the Council Chamber in the basement of the 'i1organ Buil-
ding in the City of Wichita Falls at 7:30 o'clock, P. M. on the 25th day
of February A. D. 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 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 there-
to, 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
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 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. 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 de-
siring 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 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 impr-ovement, 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 or
property and against the owners thereof in the proportion provided and in
the manner and form and in accordance with the terms required and provided
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 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 levy-
ing 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 shall be in substantially the following
form: to -wit:
"TO THE OWNERS OF PROPERTY ABUTTING ON SCOTT AVENUE BETWEEN �
SEVENTY FEET NORTH OF THE NORTH PROPERTY LINE OF THIRTEENTH TO THE WICHITA
VALLEY RAILROAD TRACKS% AND TO ALL OTHERS INTERESTED ":
Notice is hereby given of the intention of the City to proc-
eed with the improvement of Scott Avenue from its intersection Seventy feet
North of the North Property Line of Thirteenth Street to its intersection
with the Wichita Valley railroad Tracks, by raising, grading and filling
sameand installing concrete curbs 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 assessments, when levied, shall be a first and prior lien
upon the Pots and land assessed, and a personal claim and charge against
the owners thereof.
On the 25th day of February ",'D. 1924, in the Council Chamber
in the _Horgan Building in the City of YVichita .calls, at 7:30 o'clock P. M. ,
all such owners and their agents or attorneys, or any other persons, or par-
ties desiring to be heard, will be fully heard 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
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 esti-
mated 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 in-
spection.
The estimated cost of the said improvement is X30,387.80;
is W-26,798.28; The estimated amount to be assessed against property owners
The estimated amount to be assessed for curb is 40.45 per
lineal foot of curb; and,
The estimated amount of the assessment against property owners
and their property for pavement and excavation is 014.9321 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 connected
with said improvements, the assessment therefor, the benefits thereof, 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
of the City of Wichita Falls, Texas, on the 4th day of February 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 a ;)pear 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
j name appears on said report of the City Engineer, a registered letter con-
taining a copy of the said notice, such letter to be deposited in the Post
Office at iftchita Falls, but such notice by letter shall be cumulative of
the notice by advertisement, and such notice by advertisement shall be suf-
ficient whether or not any other notice be given and whether or not such
notice by letter be received or sent.
Passed and approved this 4th day of February A. D. 1924.
Moved by Alderman Stayton that the Water Department be auth-
orized to make the following extensions of Idater lines.
460 ft.
of
2 inch pipe Arthur St. bet. Ave. J. and Ave. Y
4161.00
300 ft.
of
2 inch pipe %,iorningside Park running north
105.00
- 860 ft.
of
2 inch pipe .Ft. 4orth St. bet Colorado & Denison
301.00
300 ft.
of
2 inch pipe Blonde Street (running North)
105.00
Avove connects 15 residences
1 fire
plug
22nd. St. and Harvard St. 220 ft of 6 in.pipe
425.00
1 fire
plug
Avenue G and Tilden street
125.00
1 fire
plug
Avenue E and Tilden Street.
125.00
1 fire
plug
Grace & Smarsh Streets
125.00
1 fire
plug
Sibley Avenue and Holliday Street
125.00
320 ft
of 6
in. pipe Ave. E from Grant to Tilden to supply
fire
plug corner of Avenue E, and Tilden Street.
480.00
1 fire
plug
north Brook and 7th Street, Scotland Addition
125.00
1 fire
plug
Lenwood and North 7th Street, Scotland Addition.
125.00
1 fire
plug
Hudson and Lawrence Streets, Fairview Addition.
125.00
1 fire
plug
Hudson and Pennsylvania Avenue
125.00
X2577.00
Motion seconded by Alderman Young and carried.
Moved by Alderman Young that Commissioner Patton be instructed
to notify all property owners and residents living near the water canal
to connect to the sanitary sewer, and if said connection is not made to
filk/complaints against said property owmrw if connections are not made.
Ivlotion seconded by Alderman Stayton and carried.
Moved by Alderman Shepherd that Commissioner Patton be author-
ized to install a fuel oil burner at the incinerator to replace the gas
burners now in use.
ATTEST:-
Motion seconded by Alderman Stayton and carried.
The Board of Aldermen then adjourned.
mead and Approved this %%-tk day of 1924.
City Clerk
flay or