Loading...
Min 08/13/1923Wichita Falls, Texas, Basement- of Morgan Bldg., August 13th 1923. The Board of Aldermen of the City of Wichita Falls, Texas met in regular session on the above date with the following present:- - Frank Collier, Mayor R. E. Shepherd X B. A. Stayton N. M. Clifford X A l d e r m e n J. H. Patton W. E. McBroom, City Clerk W. E. George, City Attorney. The hearing to property owners with reference to paving Tenth Street from Hays to Garfield, and Garfield Street from Tenth Street to Avenue E was called and after hearing all protests the following motion was put in order. 11oved by Alderman Clifford that the hearing to property owners on Tenth and Garfield Streets be continued until 7:30 P. M. August 209 1923 in the Basement of the lJorgan Building in the City of Wichita Falls, Texas. Motion seconded by Alderman Stayton and carried. ## # # # # # # # # # # # # # # # # # # # # # # ## Beloved by Alderman Clifford that the petition for paving Harrison Street from Huff to Pearl Streets be received and filed for future action. Motion seconded by Alderman Stayton and carried: MOVED BY Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the following vote:- �X\ Yeas Stayton, Clifford, Shepherd, Patton. Nayes: None. R E S O L U T I O N WHEREAS, the drainage situation in the 1400 block on Monm e Street is a menace to the public health and welfare of this community and in order to-remedy the situation it is necessary that the pavement on this block be reconstructed therefore, BE IT RESOLVED, by the Board of Aldermen, of the City of Wichita Falls, that it is hereby declared a public necessity to reconstruct the pavement abutting the 1400 Block on Monroe Street and the City Engineer be instructed to prepare plans, profiles, and specifications and present same to the Board of Aldermen for approval. Said plans, profiles, and specifications to embrace the following - materials: One Course reinforced concrete. Brick Pavement on a 5 inch concrete base. Approved and adopted this 13th day of August 1923.. Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the .following vote:- Yeas: Shepherd, Stayton, Patton, Clifford. Nayes: None. 12+ R E S O L U T I O N WHEREAS, the Board of Aldermen, of the City of Wichita Falls, Texas, have heretofore declared it a public necessity to reconstruct the pavement abutting the 1400 Block on %Zonroe Street and the City Engineer has been instructed to prepare plans, profiles and specifications, and said plans, profiles and specifications have been prepared and are this day pre- sented to the Board of Aldermen for approval, THEREFORE, BE IT RESOLVED by the Board of Aldermen, that the plans, profiles, and specifications be approved and the city clerk be instructed to advertise for competitive bids to be opened on August 20th 1923 for the mak- ing of this improvement in accordance with said plans, profiles and specifi- cations. Passed and approved this 13th day of August 1923. Moved by Alderman Shepherd that the Mayor be authorized to-sign a quit claim deed to Lot 1, Block 167 after he satisfies himself that said deed is in proper form. Motion seconded by Alderman Stayton and carried. Moved by Alderman Clifford that the following opinion of the City Attorney be spread on the minutes for future reference. Motion seconded by Alderman Shepherd and carried. August 11th 1923. Mayor Frank Collier, Wichita Falls, Texas. Dear Sir:- I have carefully studied the law on pavement of intersect- ions of streets in towns and cities and my opinion is as follows:_ The cost of paving street intersections should be charged up to property owners on the street that is being paved, that is to say each lot owner abutting the paved_ street should be assessed in proportion to his feet frontage on the street' pay for the cost of paving intersection, The courts hold that this is not a tax to be assessed against property owners and spent some other place but it is an improvement of the property and is spent in improving the property which is assessed4 I am, Yours very truly, Signed; W. E. 4eorge, City Attorney. ORDINANCE NO. 460 ZN ORDINANCE LEVYING ASSESSING AND FIXING THE RATE OF TAX- ATION IN THE CITY OF WICHITA FALLS, TEXAS, FOR THE YEAR A. D. 1923, AIM ALSO LEVYING AN OCCUPATION TAX ON ALL OCCUPATIONS TAXABLE UNDER THE LAWS OF THE STATE OF TEXAS, AND THE CHARTER AND ORDINANCES OF SAID CITY. Moved by Alderman Clifford that Ordinance 460 be passed on its second reading. following vote: - Motion seconded by Alderman Shepherd and carried by the Yeas Shepherd, Clifford, Patton, Stayton Nayes: None. l� �n ORDINANCE 456 AN ORDINANCE !MAKING APPROPRIATION FOR THE-SUPPORT OF THE CITY GOVERNIVIENT OF THE CITY OF WICHITA FALLS, TEXAS, FOR ONE YEAR BEGIN- NING APRIL 1ST, 1923 AND ENDING (ARCH 31ST 1924. I.1oved by Alderman Clifford that Ordinance No.456 be passed on its third and final reading. !lotion seconded-by-Alderman Stayton and carried by the fol- lowing vote:- Yeas: Shepherd, Clifford, Patton, Stayton. Nayes: None. ORDINANCE NO. 459 The Mayor presented to the Board for its consideration OFrd THE CITY Ordinance titled - - "AN ORDINANCE CONFIRMING CONTRACT BETWEEN WICHITA FALLS, AND R. B. GEORGE' 1:1ACHINERY COMPANY FOR THE FTJRNISHING TO SAID CITY OF ONE BEST "60" TRAAIDATRACTORCTPROVIDINGGFOR �SUANCEAOFOCITY $1225.00 FOR CASH PAY -ENT ON S OF WICHITA FALLS STREET IMPROVE%lENT WARRANTS TO EVIDENCE THE CITY'S INDEB- TEDNESS THEREFOR; AUTHORIZING DELIVERY OF ONE 5 -TON HOLT TRACTOR TO SAID R. B. GEORGE iaACHINERY COMPANY: PRU'JIDING FOR THE LEVY OF A' TAX TO PAY THE PRINCIPAL AND INTEREST OF SAID WARRANTS AT IMATURITY; AND. DECLARING AN EMERGENCY ". !Moved by '_lderman Patton, Seconded by Alderman Stayton that the Ordinance be read in fall. !;lotion carried and the ordinance was read in full by ti,e City Clerk. !Moved by Alderman Patton, seconded by Alderman Stayton, that the ordinance pass its second reading. Yeas: Alderman Shepherd, Patton, Stayton, and Clifford. Nayes: None. ORDINANCE "# 457 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IM- PROVING A PORTION OF LAIMAR STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINOFTSABgTTAS ESSRIl�ITSTYA�DFORETHE THEREOF PROVIDING FOR THE COLLECTION ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. ;Moved by Alderman Shepherd that Ordinance 457 be passed on its second reading. Motion seconded by Alderman Clifford and carried by the following vote:- Yeas: Alderman Shepherd, Patton, Stayton, Clifford. Nayes: None. Beloved by Alderman Clifford that the bill of C. A. Kaunnan for plumbing in the amount of 0134.88 be allowed. Motion seconded by Alderman Patton and carried. Moved by Alderman Stayton that the following Resolution be adopted. ?motion seconded by Alderman Shepherd and carried by the following vote:- Yeas: Shepherd, Stayton, Patton, Clifford, Nayes: None. RE S O L U T I O N WHEREAS contract in writing between City of Wichita Falls and L. E. Whitham and 6ompany for the improvement of the following Street in said City, to -wit: PEARL STREET FROM THE EAST PROPERTY LINE OF BROOK STREET TO THE WEST CURB LINE OF GRACE STREET: Together with construction bonds and maintenance bonds required thereby, Board of Aldermen for adoption and apoval;tand,day presented to the WHEREAS, the Bid of L. E. Whitham and Company for the mak- ing and construction of the improvement provided for in the said contracts has after due advertisement and notice, been made and upon opening of the said bids, said contract was awarded to the said Company; and WHEREAS, it is deemed necessary to set aside and provide tracthtopbement of all that portion of the cost required in the said -con - paid by the City of Wichita Falls; THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls, that there be and is hereby set aside and appro- priated out of the funds available for that purpose the sum of to pay and defray all that portion of the cost of improving said of Pearl Street from the .East Property Line of Brook Street portion Curb line of Grace Street to be paid for by the City OfWichitatFalls: The said contract and the construction.bond and mainte- Iayor is hereby and authorized same to execute an are hereby dproved and adopted, and the name of the City, sign the said contract, in the its passage. That this resolution shall take effect from and after Passed and approved this'13th day of August 1923. be adopted. Moved by-Alderman Shepherd that the following Resolution Motion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Stayton Clifford, Patton. Nayes: None. R E S O L U T I O N WHEREAS, contracts in writing between L. E. and the City of Wichita Falls for Whitham � Co., in connection with the improvement ofe Pearl iStreet afrom oits © intersection with the East Property Line of Brook Street to its intersection with the West Curb Line of Grace Street, for the prices named therein and upon the terms therein set forth binding the City of Wichita Falls to do and per- form all work of excavation uponthe said street, as is provided in the contract, being one contract for said street, are this day presented to the Board of Aldermen for adoption and approval; and, WHEREAS, it is deemed advisable to enter into said cont- racts upon the terms set forth therein, and for the compensation therein provided, THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls: I. That the City of 'Wichita Falls do enter into contracts with L. E. Whitham & Co., binding the City to do and perform all the work of excavation shown in said contract, and on said street, at and for the pri- ces and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the I -Jayor is hereby authorized and directed to execute and si n th contract in the name of-the City. g e said III. That this resolution shall take effect from and after its passage. A.D. 1923. Passed and approved this 13th day of August Moved by Alderman Shepherd that the following Resolution be adopted. Alderman Clifford and carried by the Motion seconded by n following vote: - Yeas: Shepherd, Clifford, Patton, Stayton. Nayes: None. R E S O L U T I O N 15 i /'5" 1YHEREAS, contract in writing bmerwitehfCthe folloc ngastreet and L. E. Whitham and Company for the improve in said City, to -wit: SEVI LAMAR STREET FROM THE SOUTH iRToEetherlwithFconstruction� T TO THE NORTH.Ptenance OF EIGHTH STREET, thereb are this day presented tolthe bonds and main approval; and, Board of Aldermen for adoption and app the bid of L. E. Whitham and Company for the mak- NHEREAS, provided for in the said contracts, ing and construction of the improvement notice n on opening of the has after due advertisement nt awarded to thesaadeC made and said bids, Said contract vjHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said con- tract to be paid by the City of Wichita calls; THEREFORE, BE IT RESOLVED by the.Board of Aldermen of the City of Wichita Falls, that there be and is hereby set aside and appro- priated out of the funds available for that purpose, the sum °f' or ion r pay and defray all that portion of the cost of improving,said p of LAMAR STREET FROM THE SOUTH PROPERTY aidsforNby the City ofWic- NORTH PROPERTY LINE OF EIGHTH STREET, P hits Falls: The said contract and the c bond the Mayor g� e bond, be and the same are hereby approved and adop .hereby authorized to execute and sign the said contract, in the name of the City. That this resolution shall take effect from and after its passage. 1923. Approved and passed this 13t a y of August Moved by Alderman Shepherd that the following Resolution be adopted. Motion seconded bT- Alder--an Clifford and carried by the following vote: - Yeas Shepherds Clifford, Patton, Stayton. .Nayes: None. R E S O L UT I O N E. j�,i'yl�tham and v1HEREAS, contracts in writing between L of all work of Company, and the City ofJichita Falls, for performs FROM THE 1 excavation in connection with the improvement of LA�t�AR STREET FR :PROPERTY LINE OF � � THE NORTH PROPERTY LINE OF EIGHTH SOUTH SEVENTH STREE TO forth STREET, for the prices named tY�erein and upon the terms orke therein binding the City of uditsas hita Falls to do and perform one contract upon the said street, is p roviddd in the contract, being for said sties'- a8.th dday presented to the Board of Aldermen for a - option and approval, .and, It .. WHEREAS, it is deemed advisable to enter into said con- tracts upon the terms -'set forth therein, and for the compensation therein rein THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls: ' I. With L. E. That the City of - -dichita Falls do enter into contracts :`hitham and Company binding the City to do and perform all the work of excavation shown in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. the `layor Thaauthot saidncontrectedsto y a eeeb pproved and adopted and contract in the name of the City. xecute and sign the said III. its passage. That this resolution shall take effect from and after Passed and approved this 13th day of August 1923. be adopted. Moved by Alderman �tayton that the following Resolution M following vote: - otion seconded by nlderman Shepherd and carried by the Yeas: Shepherd, Stayton, Patton, Clifford. Nayes: None. R E S O L U T I O N WHEREAS, contract in writing between City of Wichita Fa11s and L. E. Whttham and Company for the improvement of the following street in said City, to -wit: All the unpaved portion of Collins Avenue between the We ett Property bins of Brook Street and the East Curb line of Baylor Street t _ gether with construction bonds and maintenance bonds required thereb ' are this day presented to the Board of Aldermen for adoption and a r thereby: and, E�e the bid Of L. E. Whttham and Company for the mak- ing and construction of has after due advertisement and notice, provided fn d in the said contracts, Bids, said contract was awarded to the said Companynand been made a on opening of the said for the WHER it is deemed necessary to set aside and provide to be payment of all that rtion of the cost required in the said contract paid by the City of Wich to Falls: THEREFORE, be it esolved by the Board of Aldermen of the City of "tichita Falls, that there be d is hereby set aside and a ated out of the funds availablefor that ppropri- to pay and defray all that Purpose, sum of Collins Street Portion of tht proving said portion of Curb Line of Baylor the West property ins of Brook Street and the East ylor Street to be paid for L y the City of Wichita Falls. Hance bond, The said contract and thXt truction bond and mainte- nance cerbo be and the same are hereby a nd adopted, and the Mayor the cityY authorized to execute and sign contract, in the name of g t he passage That this resolution shale effect from and after its Approved and passed this 13th dY of August 1923. Moved by Alderman Stayton that the following Resolution be adopted. Motion seconded by Alderman Shepherd and carried by the following vote:- Yeas: Shepherd, St ayton, Clifford, Patton. Nayes: None. R E S O L U T I O N IWHEREAS, contracts in writing between L. E. Whithbm and Company and the City of Wichita Falls, for performing of all work of ex- cavation in connection with the improvement of all the unpaved portion of Collins Avenue between the West Property Line of Brook Street and the East Curb Line of Baylor Street for the prices named therein and upon the terms therein set forth binding the City of Wichita calls to do and perform all work of excavation upon the said street, as is provided in the contract, being one contract for said street, are this day presented to the Board of Aldermen for adoption and approval, and, 'v'HEREAS, it is deemed advisable to enter into said contracts upon the terms set forth therein, and for the compensation therein provid- ed, THEREFORE, be it resolved by the Board of Aldermen of the City of Wichita Falls: I. That the City of Wichita 'Falls do enter into contracts with L. E. Whithhm and Company binding the City to ro and perform all the work of excavation shown said stipulated andisettforth.at and for the prices and for the t erms II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said contract in the name of the City. III. That this resolution shall take effect from and after its passage. Passed and approved this 13th day of August 1923. Moved by Alderman Shepherd that the Water Department be authorized to buy a ford truck. Motion seconded by Alderman Patton and carried. ORDINANCE NO. 461 AN RIINNING AT LARGE OFO CERTAIN E ESTABLISHING ANIJIALSAN FOUND; AND PROVIDING THEIR DESTRUCTION IN CERTAIN CASES; AND PROVIDING A PENALTY. �4/ Moved by Alderman Clifford that Ordinancee passed on its —1/11--� first reading* lowing vote:- 4� Motion seconded by Alderman Patton and carried by the fol- Yeas: Shepherd, Stayton, Patton, Clifford. Nayes: None. 01 Moved by Alderman Clifford that City Engineer Rageley be allowed a two weeks vacation. Potion seconded by Alderman Shepherd and carried. The Board of Aldermen then e�djonrned. J _ Read and approved this day of 1923. 1 "layo r ATTEST: - City Clerk f 1_ i