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Min 09/28/1923l Wichita Palls, Texas, Basement Morgan Bldg., September 28th 1923. The Board of Aldermen -of the -City of Wichita Falls, Texas, met in regular called session at 7:60 1�. 1al. on the above date with the following present. Frank Collier, La.yor B. A. Stayton J. T. Young Al de r m e n J. H. Patton E. McBroom, City Clerk, Bids for repaving Indiana Avenue from 7th to Tenth Street were opened and considered. adopted,, lowing vote : - Moved by Alderi.ian Young that the following resolution be Motion seconded by Alderman - Patton and carried by the fol- Yeas: Stayton, Young, Patton. Nayes: None. R E S O L U T I O N RESOLUTION ACCEPTING BID FOR IMP7' ,tET1T OF A PORTION OF INDIANA AVENUE, AND DIRECTING EXECUTIOR OF CONTRACT. WHEREAS, the City of viichita r`alls, has heretofore order- ed that 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; and INDIANA AVENUE from 13.3 feet south of the north prop- erty line of Ninth Street to the north property line of `1'ehth Street be improved by installinE, concrete- curbs and gutters, ylhere adequate concrete curls and gutters are not now installed on curb lines, and repaving �vith brick pavement on send Qushion, together with necessary appurtenances, and thereafter plans and specifications were duly adopt- ed and approved for such improvements bids were advertised for, and received, and on the 26th day of September, 1923, such bids were opened and WHEEEAS, Lhe bids received have been fully canvassed and considered and the City Council after fully considering same is of the opinion t%at.the bid of Plains Paving Company is the most ad- vantageous and lg ot.ld be accepted: NOW THEREFORE, BE IT RESOLVED BY THE CITY OF 'WICHITA FALLS, TEXAS, I. ' That the bid of Plains Paving Company for the making and construction of said improvements on said portions of street, filed with.the city, be and the same is hereby accepted. I I. That the form of contract embraced in the sp ecific&tions be and the same is hereby adopted and approved, and the Mayor is auth- orized and directed to enter into contract for such improvements with the said plains Paving Company, and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby t authorized and directed to attest same in the name of the City and to impress thereon the City's corporate seal. III. That this resolution shall take effect and be in force &xcl from and after its passage. I Moved by alde-raian Young that the following resolution be adopted. „otion seconded by slldernian _atton and carried by the following vote: Yeas: Stayton, Young, Patton. Nayes: None. i R E S 0 L U T I O I7 BESOLU`i'ION DI`ECTING "HE CITY ln'NGINEER T-0 I4IAKE AND FILE REP(_) -:T "1ITH THE BOARD OF ALDERLM SHOIi�ING ES�ILiATED COST, OF IMPROVEIIENT CF PORTIONS OF IZD, IANA AVENUE. BE IT _tESOLVED BY THE BOARD OF AI+DER1EN OF THE CITY OF dichita falls, TEXAS, THAT, WHEREAS, the board of Aldermen of the City of vVichita Fails, Texas, has heretofore ordered the improvement of INDIANA AVEidUE from 40 feet south of the north properly 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; and INDIANA AVENUE from 13.3 feet south of the north property line of Ninth Street to the north property line of Tenth Street, by installing thereon concrete curbs and gutters, where adequate concrete curbs and gutters are not now installed on curb lines, and repaving with brick pavement on sand cushion, and has caused advertisement for bids for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board is determined to make the same in the said manner and with brick pavement on sand cushion, as shown in the specifications adopted therefor. I. The City Engineer is hereby directed, in accordance with provisions 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 thereto to be paid by the City the proportion to be assessed against the abutting property and the ot:ners of land abutting thereon and benefited.thereby, and the owners thereof, a owner 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 proposed to be assessed for repaving, and the total amount proposed to be assessed against each such lot or parcel of land and the owner there- of, and such report may show any other matter or thing, and shall show t1B estimated amounts of damages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said impr- ovements. Such report shall,in all respects comply with the provisions of the City Charter and with Chapter 11, Title Z.2 of the Revised Statutes of the State of Texas of 1911, and in all respects comply with the resolu- tions and other proceedings of this Board pith reference to the proposed improvement of said portions of said street. II. This resolution shall take effect from and after its passage. i �1f�1Tri-f,�ri�rT`� )�7Tfiy1"�11 ��71 7l ��1�7T71'$ Loved by Alderman Young that the following EnLineers, eport be as . Motion seconded by alderiiian Patton and carried by the following vote: - Yeas: Stayton, Patton, Young. Idayes: None. 0 r %``_/' TO `THE I,'AYOR J D BOA -,D OF ALD" _yN, CITY OF 11ICHITA FALLS, TEXAS. G_ NTLE .EN : - I hand you herewith report and estimate of the cost of improving Indiana Avenue Street from its intersection with the 26.7 feet South of the North Property Line of Eighth Street to its intersect - ion with the 16.3 feet South of the North Property Line of Ninth Street and showing the amount to be assessed against such property ov„ners, etc., as required by the Uharter and laws and by the proceedings of your Honorable Body: As is shotim on this report the estimated amount payable by the City for this improve,aent will be i q��,8� ; The estimated amount pa; able by the owners of property abutting will be 0 The of curb is The pavewent per front The ers for paveiiient , estimated cost to property oviners per lineal foot estimated amount to be assessed for excavation for foot is estimated cost to be assessed a�a�i-lst property ovin- including base, per front foot is The estimated cost to be assessed against property owners exclusive of curb, per front foot, is The esLii.iated da•...age is nothing in any case. This estii�,ate and report is based upon concrete curbs and gutters and brick pavement on cot,crete foundation, all in acc- ordance with the specifications t:_,erefor heretofore filed with your Honorable .Body. '-� respectfully submitted, r'. I,I. ltugeley, , City Engineer. Wichita Falls, '2exas. 9/28/1926. TO THE 1JAYOR AND BOA OF ALDERIdEN, CITY OF 14ICHITA FALLS, TEXAS, GE-dI 'LEiJEN: - I hand you herewith Deport and estimate of the cost of improving Indiana Avenue Street from its intersection with the 13.3 feet South of the North property Line of Ninth Street to its intersection with the North 2xx Line of TetLth Street; and showing the amount to be assess- ed against such property owners, etc., as required by the Charter and laws and by the proceedings of your Honorable 3ody: As is shown on this re ,)ort 'the estimated ai:iount payable by the City for this improvement will be� The estimated amount payable by the owners of property abutting will be /� n,s�, 58 ; of curb is The estimated cost to property o=ers per lineal foot � The estimated amount to be assessed for excavation for pavement per front root is ; The estimated cost to be assessed against property o�rriers for paverent, including base, per front foot is The estimated cost to be assessed against property owners exclusive of curb, per front foot, is The estimated damage is nothing in any case. This estimate$ and report is based upon co:_lcrete curlb and gutters and 'crick pavement on co.L.,crete foundation, all in accord- ance with the specifications therefor heretofore filed with your Hozior- able Body. respectfully submitted, ugel ey, . City Engineer. �'Iichita r'alls, 'i'exas. --Oak or `✓ a '•i t ll TO THE HAYOR AITD BOARD OF ALDEI "EN, CITY OF 'WICHITA FAILS, TEXAS. GENTLELIEN: I hand you herewith report and estimate of the cost of improving Indiana Street from its intersection with 40 ft S of the I?. 2. Line f Seventh Street to its intersection with the 26.7 feet S of the N. P. line of Eighth Street, and showing the amount to be assessed against such property o�,ners, etc., as required by the Char- ter 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 q6 [�, 8 C ; The estimated amount payable by the o, ners of property abutting will ue Tile estimated cost to property ovmers per lilieal foot of eurb is ; The estimated amount jo be assessed for excavation for pavement per front foot is The estimated cost to be assessed against property owners fo � pave...ent, including ease, per front foot is 'y S-.7Sq L./- ; The estimated cost to be assessed a�__aim t property owners excl4sive of curb, per front foot,” is The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gutters and brick pavement on concrete foundation, all in accord- ance with the specifications thc;refo• heretofore filed with your Hon- orable Body. respectfully subl:iitted, Signed: X'. L1. _Kugeley, City Engineer. IT 7r'��tmtt,rTrl�irr7i rr`;� ,rrrrr "rrrir` <r'f Loved by A1der,aan Young that the followint; i.esolution ue adopted. I.1otion seconded by xlder...an Patton and carried by the following vote�- Yeas Stayton, Young°, Patton. Faye s: None. R E S 0 L U T I O N RESOLUTION APP OVING THE REPOT iiITD ESTII -TATE OF THE CITY ENGINEER AS TO ` MECOST :1ND ASSESSi._ENT S FOR THE I LOi OV JL—EIN OF PORTIONS OF INDIANA AVF,IIUE, I-.ING A TI=.1E j'J'M PLACE FOR A HEA1RING TO PROPERTY O'.''2?E.,S AITD OTHERS I!TTErESTED, LIT D DIRECTING THE CITY CLEP.N TO GIVE NOTICE T=EOF, ,STD PRESC :IBIN6, °iHIE' -YOF11 OF SUCH NO ±'ICE. BE IT '.RESOLVED BY `_;'HE 30A!�D OF ALDE ?.:',. TN 01, 1 THE CITY OF WICHITA FALLS, TE XAS , -_ �I LT 1,11HEREAS, the 3oard of Aldermen of the City of dichita Falls, Texas, has heretofore ordered the improvement of - IITDI TTA AVEN, E 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 AVEa1UE 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 Nintal Street; and LIMIANA AVENUE from 13.3 feet south of the north prop- erty line of Ninth Street to the north property line of Tenth Street, and has received estimates, plans and specifications from the City Engineer and after adoption of same and after due advertisement and notice compe- titive bids were received and it had been determined that not to exceed seventy -five per cent of the cost of such improvements, as determined at the hearing hereinafter mentioned, shall be assessed against the property abutting thereon, and against the owners thereof, and ti_at said property- is the property that will be benefited by means of said improvement; and the City Engineer has ..ade and filed -with the IMayor and Board of Aldermen his report and estimate of the cost of such improvements, and the estimatIL amount to be assessed against each lot or parcel of property, 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 a hearing will be given to the owners of property proposed to be assessed for the said improvements, being the property ab- utting on said portions of said street, and to all others interested, and same shall be given and held in the Council Cllamberin the Basement of the L organ Building in the City of diichita rails, Texas at 7:30 o'clock P. I16 on the 2211d day of October 1923, and at which hearing and at said time and place the owners of said propert- -, or any of them, tr:eir agents or attor- neys o, any one else in any way interested either in the said property or in said improvements, or in any manner or method of making and constrR ucting same, or in the contract therefor, or the proceedings with ref- erence thereto, or the benefits or da__,ages to said property, shall be fully and fairly heard as to any of said matters and as to the amounts to be assessed against the said property and the ovners 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 sust&ined by reason of said improvements, or as to any other matter or thing in any wise incident or connected with the said improvement, contract, proceedings or assessment therefor,'or the method or manner of paying for same. II. That any claim for damages shall'be made in writing and shall set forth the matiters and things in the manner and form provi- ded and required by law and the provisions of the City Charter, and other claims or matters may be presented either orally or in w'r'iting, 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 shall have been fully '.earl, and after all have been fully and fairly heard the said '_earing 4.ill be closed, and at said hearing and from the facts before it the Board of Alderi.ien will det- ermine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and Grill determine the lots or parcels benefited by means of said improvements, and will determine the amounts of damages, if any to each such lot or parcel of "property and the owner the -eof, the enhanced value of each lot or parcel of property by means of said improvement, and will correct any errors, mistakes, or invalidities in ally proposed assessment and in any proceedings with reference to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, levy and make assessments against each such piece or parcel of property and against'the owners there - -of in the proportion provided and in the manner and form and in accord- ance 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, and such assessment, when levied, shall be a first and prior lien and tax, and a personal charge and liability of the owner as provided by law. After such hearing is closed anyone desiring to appeal therefrom shall prosecute an appeal in any Court having jurisdiction with- in txrenty (20) days from the date of such Dearing is closed and final assessment is levied, azld not thereafter, and all persons, firms, corpo- rations, estates and otherx parties shall, after the expiration of twenty 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. 1 The City Clerk is hereby directed to give notice of the time and place of said hearing to the o,-ners of said property and to all others interested by causing such notice to be published in the official newspisper of file City, w1hich notice ;:,hall be in substantially for follo- vIing form, t o -aa it : "TO THE 00 2RO-11ERTY ABU`1"TING ON INDIANA AVENYE BET 'JE�::TS SEV>;I:TH STR'?ET LiND TENTH ST ', :7,T, AIM 0 nLL OTHERS INTE''-�,ESlrD". hO`.L'ICL is hereby ,iven o the intention of the City to proceed with the improve1:ient of Indiana :ivenue rom 40 feet south of the north property line of Seventh Street to 26.7 feet south of the north property line of Eighth street; from 26.7 feet south of the Yorth property line of Eighth Street to 13.3 feet south of the north property line of Ninth Street; and from 13.3 feet south of the north property line of Ninth Street to the north property line off. 'Tenth i'treet, by installing concrete curbs and gutters viihe , e adequate conc_,•ete curbs and (,utters are not now installed on curb lines, and repa-V inE, with brick pavement on saiid cushion, and assessin;; a portion of the cost o.0 making and con - st-ructint such improvements against all lots and parcels of property abutting on said portions of said Indiana Avenue and all lots and par- cels of property benefitted by means of said improvement, and the owziers of such lots or parcels of proport;,-; and such a� sessnients, �,hien levied, shall be a first and prior lien upon 'Ghe lots and parcels of property assessed, and a personal claim and cha'rL'e against Lhe o ,,.-.hers thereof. On the 22nd day of October, 1923, in the Council Chamber in the iIorgan 3uilding in the City of ',Achita +'alls, Texas, at 7:30 O'clo- ck P. I'.'I. all such o-�-:ne-rs and their a�,ents or attorneys, or any other persons or parties desiring to be heard, will be fairly heard by Lhe Board of Aldermen, and any protests, objections or claims will be fully and fairly heard. The U-enefits oi• dai,ia6es resultin& from s, - -id improvements will be determined and the amounts to be assessed against each such lot or parcel of property and the o-�,mers thereof, are on file in the office of the City Clerk and open to inspection. The tonal estimate cost of said imp-rovements is Y' The total estimated amount to be assessed against the property owners is ; The estina,t�;d amount to be assessed for curb is per lineal foot of curb; and The estimated amount of the assessment against property owners and their property for pavement 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 connected with said impcovements, the assessment therefor, the benefits thereof, the damages resulting therefrom 6r the proceedings connected therewith, shall be and appear before said :hoard at said time and place. Done in accoi,dance with Hesolution of the Board of Aldermen of the City of Wichita Falls, Texas, on the 28th day of Sept- ember, 1923. ;l. E. LIcBrooi,i, City Clerk. And said notice shall be published in said newspaper not less than three times, and the first of suuh publications shall appear not less than ten days prior to the date set for said hearing, not counting th.e day of the 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 said notice, such letter to be deposited in the Post Office at +dichita Falls, Texas, but such notice by letter shall be cumulative 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 no 'Uice by letter he re- ceived or sent. passage* II. That this 'resolution be in effect from and after its G5 Moved by Alderman Young that the bill of E. M. Llann in the amount of %x69.59 covering travelling and office expenses during the j time he was City Attorney be allowed. Motion seconded by Alderman Stayton and carried. "�ff��f��r�# Moved by- Alderman Stayton that the petition of property owners with reference to the ppening of Avenue B, be received and f. re- ferred to Street Commissioner Clifford for recommendation. Notion seconded by Alderman Patton and carried. #rf3#tri;ff71 ifi3frrf Moved by Alderman Young that E. S. Thornton be allowed to install a gasoline filling station at 401- 7th Street under the usual provisions to -wit: That the said E. S. Thornton, his administrators, succ- essors, and assigns,and legal representatives shall hold the City of Wichita li'alls, Iharmless from any damages that may arise from the oper- ation of said.gasoline filling station and that the said gasoline fill- ing station shall.be installed under the supervision of the City.Engineer and that he shall cease to operate said gasoline filling station when so ordered b,, the Board of Aldermen of the City of 'dichita malls, Texas. Motion seconded by Alderman Patton and carried. ` ;firrrr`ir ,ri:- IF, FT iflrll vir-Fi vi Yli Moved by AlderLian Patton that Commissioner Young be authorized to buy a new ford car for the police departi_ient� anii old car to be put in as part payLient. i,lotion seconded by alderman atayton aiid carried. The Board of aldermen then adjourned. Mead and Approved this L,4- day of 1923. Mayor nT`l'i'ST:- City Cleft - s 0