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Min 09/21/1923i r� Y E► ; t Wichita Falls, texas, .Basement IZorgan Bldg. , September 21st, 1923. The Board of Aldermen of the City of edichita Falls, Texas, met in special called session on the above date at 7:30 P. iii. with the following present:- Frank Collier, B. A. Stayton N. v1. Clifford J. H. Patton J. T. Young W. E. McBroom, !;Iayor X r - A l d e r w e n r City Clerk. Moved by Alderman Young that the following resolution be adopted. Motion seconded by AlderTlian Patton and carried by the following vote:- Yeas: Stayton, Clifford, Patton, YounF;. Nayes: None. R E S O L U T I O N. RESOLUTION PROVIDING FOR THE I1,21.iOV :i.ENT OF PORTIONS OF INDIANA AVENUE IN THE CITY OF ''`ICHITA FALLS; 'TEXAS. BE IT RESOLVED BY THE CI'T'Y OF WICHITA FAILLS, TEXAS: THAT I. -The hereinbelow Lentiohed portions of streets in said city be improved by installing concrete curbs and gutters, or either or both, where adequate concrete curbs and gutters, either or both, are not now installed along curb lines, and re- paving same c.'ith brick pavement on sand cushion, and with necessary appurtenances, in accordance with plans and specifications therefor to be prepared by the City Engineer; said improvements to be substantially 70 feat wide between curbs; Said portions of street being as follows to -wit: INDIANA AVENUE from 40 feet south of the north property line of Seventh Street to 26.7 feet south of the north property line of Eighth Street; INDIANA AVENUE from 26.7 feet south of the north prop- erty line of Eighth Street to 13.3 feet south of the north property line of Ninth Street; INDIANA AVENUE from 13.3 feet south of the north prop- erty line of Ninth Street to the north property line of Tenth Street; Each of the above described portions of streets herein or- dered improved shall ue and constitute a separate unit of improveiient, and the assessments herein provided for shall be made for the -improvement in each :snit according to the cost of the improvements in that unit and acc- ording to the benefits arising from the improvements in such unit and-in- dependent of the benefits arising from the improvements in any other unit. II. The City Engineer is hereby directed and ordered to pre- Tare and file with the Board of Aldermen plans, profiles, specifications and estimates for the r�iaking and constructing of such improvements and the same when filed, shall be examined by the Board of Aldermen and corrected where necessary, and after being examined and corrected, if corrections be necessary, shall, by resolution, be approved, the City Engineer being so directed, there being no City 1.1anager. i I 5.0 III. The cost of the said improvements in each Unit shall be paid as follows, to-wit: the benefitted and abut-tin property, g p p y, and the owners thereof, shall be assessed and pay for all of the cost of installing curbs and not exceeding three- fourths of the cost of the -remainder of such imp- rovements, and the City of Wichita Falls shall pay the remainder. It appearing that the application of the front foot rule or plan will result in assessments in substantial proportion to benefits, it is further resolved that the sums to be assessed against abutting property, and the owners thereof, shall be apportioned against the several lots or parcels of property abutting on the portion of street to be improved. In accordance with what is known as the front foot rule or plan, provided that if the application of such rule or plan shall, in the opinion of the Board of Aldei wen, after hearing, result in injustice or inequality, then the Board of Aldermen shall adopt such rule of app- ortionment as will in its opinion produce substantial justice and equality between the respective parcels of abutting property and the_ouners thereof considering the benefits received and burdens imposed, and no assessments shall be levied against any parcel of abutting property, or the owner thereof, in excess of the actual benefit to such oviner in the enhanced value to his property by means o1: such improvements as ascertained at the hearing provided and required by law, and herein provided for, and no assessment shall in any case be levied until after due notice and hearing. IV. The.sums to be assessed a[ -ainst the respective parcels of abutting property, and the owners ther(of, shall be payable in four' equal annual installments, thich shall become due on or before thirty (30) days after the date of completion and acceptance by the City of such imp- rovements, on or before one (1) year from suc' date, on ro before two (2) years after such date and on or before three t3) years after such date respectively, with the provision that if default be wade in the payment Of any installment as the same matures the entire amount of the assess - went on which default is wade shall, at the option of the contractor, or its assigns, be and become immediately due and payable, together with re- asonable attorney's fees and costs of collection, if incurred, and the amounts assessed against the respective parcels of property, and the own- ers thereof, shall be a first and prior lien on such property, superior to all other liens and claims, except State, County and TIunicipal taxes, and shall further be-a personal charge and liability of the owner. And said assessments shall bear interest from the date of such completion and acceptance and until ;laid at the rate of 8 per annum, payable annually. The assessments against the respective lots and parcels of property, and the owners thereof, shall be evidenced by certificates of special assessment which stall be executed in the name of tike city by the ,ayor and City Clerk, and which may have attached thereto coupons in evidence of tine several installments in which the-assessments are payable which certificates shall recite the terms and time of payment and the am- ounts of the assessments the description of the property, and the names of the owners and shall contain such recitals as may be pertinent thereto. V. After said specifications have been approved the City Clerk, or other such officer as may be desi6nated by the Board of -aldermen shall at once advertise for sealed competitive bids for the making and construction of such improvements, which advertisement shall be published at least once in some newspaper of general circulation in the City of Wichita Falls, Texas, the first of which advertisements shall be 1bublished at least five days before the date fixed therein for receiving bids. Such bids, t-rhen received, shall be opened and the Ooard of Aldermen shall select the most advantageous bid and shall accept same, and contract for the making and construction of such improvements shall be let and entered into with the succe�;sful bidder. VI. After the contract has been made and entered into and bond for the making and construction of such improvements,ast bond for the maintenance thereof, have been approved, the City Engineer shall pre- pare and file with the Board of Aldermen a roll or statement showing thereon estimate of the total cost of said improvement, description.of the respective parcels of abutting property, names of the ovMers of each par- cel of property, number of front feet of each parcel, and the amount to be assessed agei nst each parcel and the owner thereof, and the total �im ount to be assessed against abutting property. ':j -hen said stateiLent or roll has boon filed s &lie shall be examined and corrected where error is found, and shall be approved and adopted by the Board of Aldermen, but no error, mistake, or omission in said statement or roll, either in the name of the owner of the property, description thereof, or in any other matter or thing, shall in any +rise invalidate same or any assessment levied thereunder. The said Statement shall also show thereon the cost per front foot of abutting property to be assessed against such property and the owners thereof. VIII. VJ'rien such roll or statement has been examined and corr- ected; if necessary, and approved, the 'Coard of Aldermen shall fix a time and place for nearing to the owners of abutting property, and to all others in any -,:ise interested or concerned, and shall direct the Cit. Clerk to give notice of the time and place of such hearing by publication by causing notice to be published at least three times in some newspaper of general circulation in, and published in, the City of Wichita Falls, Texas, the first of such publications to be not less than ten days prior to the. date set for such hearing, not counting either the day of such publication or the date of such hearing, out it shall not be necessary for such notice to give the name of any o��ner or the des - cription of any property, but it shall be sufficient to generally not- ify the o ners of property abutting upon the portion of Street to be improved, and all others interested in such abutting property. And at such time and place said bearing shall be held and all such owners, as well as all others interested, their agents or atto rneys, shall be and appear and rake any protests or objections vh ich they, or any of therm, may have as to the said improv ei:ients, as to the benefits thereof as to the amounts of such assessrilents as to the apportionment of the cost of such improvements, as to the contract therefor, as to any irregu� l�Arity or iiivaliaity in any pi oceedings with reference thereto,-or as to any othei• .:ratter or thing in any wise connected vdith the said imp- to any assessments therefor, the contract for construction there- of, the proceedings with reference thereto, or any other matter or thing and at such hearing all desiring and presenting themselves to be heard will be fully and fairly heard and such owners, or others interested, may appear in person or by agent or attorney, any may intDDduce evid- ence and subpoeila -�;itnesses, and such bearing shall be continued from day to day and from time to tiwe until all presenting themselves shall have been fully and fairly heard, when such hearing stall be closed, and any and all errors may be corrected, and any invaliuities cured, and the amount of file benefits, and the cost of the said improvE�meiits, and the method o apportioning; saiile, and all other matters in any rise connected therewith shall be determined, and thereafter assessilients in accordance -; '-itll the terms of this resolution, and in accordance with the City Charter and the laws in force in this pity, shall be by ordinance levied. IX. In addition to notice by publication as herein provided for, the City Clerk may mail to each owner of the abutting property, not- ice by registered letter, but stkch notice by letter shall be only cumu- lative of the notice by advertisement or publication, which shall in all cases be sufficient, whether or not any other notice be given or re- quired. X. In making said assessment::, if the name of any owner be unknown it shall be-sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation it shall be suffi- cient to so state the fact, and no error or mistake in giving the name of any owner shall in any ..ise effect or impair the validity of any ass- essment levied, but ouch assessments shall be a personal charge and a lia- bility against the-real and true o..,ners of such property and a lien upon such property, whether such oluners be named or not. XI. The improvements herein provided for shall be made and constructed, and assessments shall be levied, in accordance with and under the terms and provisions of the Charter of the City and the law in force in said City, and all proceedings with reference to the making and constructionof such improvements, and the levying of assessments therefor, shall be controlled by the terms of said Charter, the provisim s of Chapter 11, Title 22, revised Statutes of the State of 'Texas, and by the terms of this resolution; any other ordinance, rule, regulation or requirement of this city being, for the purposes of the improvements herein ordered, and for the purposes of assessments and other proceedings r i with reference thereto, hereby superseded, and all such proceedings and ass- essments shall be controlled solely and alone by the terms and provisions of the said Charter, the said Chapter and this Resolution, XII. Said improvements may be omitted in that portion of the street in front of property of any owner who does not satisfactorily secure the contractor in the payment of the cost of improvement apportioned to such lot, and the omissions of improvements in front of any property shall not in any wise affect, invalidate or impair the assesswents levied on any other property. XIII. This resolution shall take effect and be in force from and after its passage. Passed and approved this 21st day of September 1923. �����rr 3��f��f�r�rr��rr• r�i��f#ifr��ft�fir� Moved by Alderman Young, that the following Letter": fJ2the dity Engineer be adopted. following vote:- Motion seconded by Alderman Patton and carried by the Yeas Stayton, Clifford, Patt on,'Young. Nayes: None. Wichita Falls, Texas September P,1, ,1923. TO THE HONORABLE 11AYOR AND BOARD OF ALDER;EN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of, INDIANA AVENUE from 40 feet south of the north property line of Seventh Street to 26.7 feet south of the north property line of Eighth Street; INDIANA AVENUE from 26.7 feet south of the north property line of Eighth Street to 13.3 feet South of the North property line of Ninth Street; INDIAI3A AVENUE from 13.3 feet south of the north property line of Ninth Street to the north property line of Tenth Street; and hand I have prepared you herewith plans, profiles, specifications and estimates of the proposed improvements, the same embraces the different materials, plans and methods of improvements net forth and specified in the said reso- lution. Signed: F. i11. iugel ey, City Engineer, adopted. Moved by Alderman Young that the following Resolution be Motion seconded by Alderman Patton and carried by the fol- lowing vote: Yeas: •Stayton, Clifford, Patton, Young, Nayes: None. RE S GLUT I ON RESOLUTION APPROVING AND ADOPTING PLQTP,. jW0_F S• , SP ' C I �'IC aT IONS ND EST IIJATES OF THE P��OP `: S� P � �' �D IIt'L� UV�:i;ENT 0 � PORTIONS ION OF INDIANA AVENUE IN THE CITY OF WICHITA FALLS, TEXAS AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COM2ETITI'1E BIDS FOR THE MAKING AND CONSTRUCTING OF SUCH IMP - ROVE1JENTS. 3E IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS; THAT, WHEREAS, by resolution passed on the 21st day of September 19239 the Board of Aldermen of the City of Wichita Falls declared the necess- ity of improving INDIANA AVENUE from 40 feet south of the north property line of Seventh Street to 26.7 feet south of the North property line of Eighth Staeeet INDIANA AVENUE from 26.7 feet south of the north property line of Eighth Street to 13.3 feet south of the North Property Line of Ninth Street; INDIANA AVENUE from 13.3 feet south of the North Property line of Ninth Street to the Nortli property line of Tenth Street; by raising, grading and filling sale, and repaving same and installing con- crete curbs and gutters, with the materials and in the manners and methods stated in the said resolution, and gave the �.uethod by which it was proposed that payment be made tllerefor, anc. directing tiie City Engineer to have plans profiles, specifications and estimates of the proposed improvements, prepared and, VvHEREAS, the said City Engineer has prepared such plans, profiles, specifications and estimates and has filed the same with the Board of Aldermen, and the same have been inspected and examined and corrected, where necessary; I. That the said plans, profiles and specifications and est- imates, be and they are hereby adopted and approved as those under, by and in accordance with «hich said improvements shall be made and constructed. II. That the City Clerk be and he is hereby directed to ad- vertise for competitive bids for the making and constructing of the said improvements, in the manlier and for the length of time and in the form re- quired and provided by the City Charter and laws in force and in effect at thie time, and by the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the 29th day of September 1923, at 7:30 .e. lid., and all bids shall be made in the manner and accompanies by certified check and by the guarantee provided and required by the said specifications. III. This resolution shall take effect from and after its passage. Passed and approved this the 21st day of September 1923. aT TEST : MMOM The Board of Alderl.ien -hen adjourned. stead and approved this day of _ 923. ayor