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Min 10/29/1923
J Wichita Falls, Texas, Basement !:Organ Bldg., October 29th 1923. The Board of Aldermen of the City of 'lichita Falls, Texas met in regular session on the above date with the following present:- and the taxes on the excess value be remitted together with interest, penalty and costs. 11otion seconded by Alderman Patton and carried. m,rti W" jT Hoved by alderman Clifford that all bids submitted for repaving Ohio Avenue from 6th to 10th `)treets be rejected. lotion seconded by =alderman Stayton and carried. 4#yi #f; i41r--'f i Moved by alderman Stayton that all proceedings with ref- erence to repaving Indiana and Ohio Avenues from 6ttr to 10th; passed prior to the date of this meeting be cancelled and annulled. 11otion seconded by Alderman Shepherd and carried. I'doved by Alderman Clifford that the following ? esolution be adopted. iaotion seconded by Aldernan Young and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Youn,, Clifford. Nayes: None. ? E S 0 L U T I O N RESOLUTION PROVIDING FOR THE I1,21 -? OVa 'ENT OF A PORTION OF INDIANA AVENUE IN THE CITY OF VICHITA FALLS, TEXAS. BE IT RESOLVED BY THE CITY OF '01ICHITA FALLS, THAT I. Indiana :venue, from its intersection with the south pro- perty line of Sixth Street to its intersection with the North Property Tare of Tenth Street, 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 on curb lines, and re- paving same with brick pavement on sand cushion or with bitulithic pavement on asphal- tic concrete base, all with necessary appurtenances in accordance with plans and specdfications therefor to be prepared by the City Engineer. Drank Collier, Mayor 2, E. Shepherd i B. A. Stayton X N. ii. Clifford A l d e r m e n J. T. Young J. H. Patton i. E; T,ZcBroom, City Clerk 'tip. E. George, City Attorney. The minutes of the previous meeting were read and app - roved.- rN; ir . 7r r p a 1r rr u T fr ?r lr 11 t`1 T I, Idoved by Alderman Shepherd that due to a part of the Panhandle Refining Company's property assessed during 1921, 1922, and 1923 being out side of the City limits their valuation for these years be re- duced as follows: Year 1921, from <>288, 310. to '•233,574.69 Year 1922, from 453,260. to 352,627.09 Year 1923, from 424,360. to 243,796.00 and the taxes on the excess value be remitted together with interest, penalty and costs. 11otion seconded by Alderman Patton and carried. m,rti W" jT Hoved by alderman Clifford that all bids submitted for repaving Ohio Avenue from 6th to 10th `)treets be rejected. lotion seconded by =alderman Stayton and carried. 4#yi #f; i41r--'f i Moved by alderman Stayton that all proceedings with ref- erence to repaving Indiana and Ohio Avenues from 6ttr to 10th; passed prior to the date of this meeting be cancelled and annulled. 11otion seconded by Alderman Shepherd and carried. I'doved by Alderman Clifford that the following ? esolution be adopted. iaotion seconded by Aldernan Young and carried by the foll- owing vote:- Yeas: Shepherd, Stayton, Patton, Youn,, Clifford. Nayes: None. ? E S 0 L U T I O N RESOLUTION PROVIDING FOR THE I1,21 -? OVa 'ENT OF A PORTION OF INDIANA AVENUE IN THE CITY OF VICHITA FALLS, TEXAS. BE IT RESOLVED BY THE CITY OF '01ICHITA FALLS, THAT I. Indiana :venue, from its intersection with the south pro- perty line of Sixth Street to its intersection with the North Property Tare of Tenth Street, 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 on curb lines, and re- paving same with brick pavement on sand cushion or with bitulithic pavement on asphal- tic concrete base, all with necessary appurtenances in accordance with plans and specdfications therefor to be prepared by the City Engineer. II. The City Engineer is hereby directed and ordered to pre- pare and file with the Board of _aldermen, plans, profiles, specifications and estimates for the making and constructing of such improvements and the same, when filed, shall be examined by the Board of ,_ldermen and corrected where necessary, and after being examined and corrected, if correction be necessary, shall, by resolution, be approved, the City :Engineer being so directed, there being no City Tanager. III. lows , to-wit: The cost of the said improvements shall be paid as fol- The benefitted and abutting property, and the oviners tiv re- of shall be assessed and pay for not exceeding three - fourths of the cost of such improvements, e;:.clusive of the cost of the curb, and the City of :Jichita 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 1S .,U11T1LT1 E r.ESOhVED that the sums to be assessed against abutting prop- erty, and the owners thereof, shall be apportioned ag ainst 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, but no ass- essment shall be levied a�aiiist any parcel of abutting property, or the own- er thereof, in excess of the actual benefits to such owner in the enhanced value to his property by i.ieans of such improvement as ascertained at the hearing provided and required by law, :nd no Rssessment 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 thereof, which shall become due on or before thirty (30) days after the date of completion and acceptance by the City of such improvements, on or before One (1) year from such date; On or before two (2) years after such date; and on or before Three (3),years after such date, respectively, with the provision that if default be made in the payment of any installment as the same matures the entire amount of the assessment on which default is made shall, at the option of the contractor or its assigns, be and become im.._ediately due and payable, together k -,ith reasonable 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 ?unicipal 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 acc- eptance and until paid at the rate of 8 per annum, payable annually. V After said specifications have been approved the City Clerk or other such officer as may be designated by the Board of aldermen shall at once advertise for sealed competitive bids for the making and con. struction of such improvements in accordance with the laws and ordinances in effect in this City. Such bids, when received, shell be opened and the Board of .zldermen shall select the most adv'- tntageous bid and shall accept same, and contract for the making and construction of such improvements shall be let and entered into with the successful bidder. VI. In making said assessments, if the name of any owner be un -known 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 sufficient to so state the fact, and no error or mistake in giving the name of any owner shall in any wise effect or impair the validity of any assessment levied, but such assessments shall be a personal charge and liability aga- inst the real and true owners of such property and a lien upon such property whether such owners be named or not. VII. 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 construo- tion of such improvements, and the levying of assessments therefor_, shall be controlled by the terms of said charter, the provisions of Chapter 11, Title 22, Revised Statutes of the State of Texas, and by the terms of this resolution; and other ordinances, 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 wdth reference thereto, .` hereby superceded, and all such proceedings and assessments sha -11 be con- trolled solely and alone by the terms and provisions of the said Charter, the said Chapter and this ;resolution. VIII. Said improvements may be omitted Street in front of property of any owner who does cure the contractor in the payment of the cost of to such lot, and the omissions of improvements in shall not in any wise affect, invalidate or impai: on any other property. IX. in w that portion of the not satisfactorily se- improvements apportioned front of any property r the assess:ients levied THIS EESOLUTION shall take effect and be in force from and after its passage. Passed and Approved this 29th day of October. 1923. The City Engineer then submitted the following. v'Jichita 'Falls, Texas. October 29th 1923. TO THE HONORABLE MAYOR iJM BOARD OF ALDER,= -OF THE CITY OF `;JICHITA FALLS, TEXAS. In compliance with the resolution of the Board of ild- ermen with reference to the improvement of Indiana Avenue from the South property line of Sixth Street to the North Property Line of Tenth Street, I have prepared and hand you herewith plans, profiles, specifications and estimates of the proposed improvements, the some embraces the different materials, plans and methods of improvement set forth and specified in the said resolution. be adopted. lowing vote; Signed: F. L1. ?ugeley, City Engineer. ;f triT rrrr ,loved by alderman Clifford that the following Resolution Motionseconded by alderman Young and carried by the fol- Yeas: Shepherd,Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION APPROVING _TAD ADOPTING PLANS, PRO-FILES, SPECI- FICATIONS AND EST Ii. S OF THE PROPOSED IMPPOV'i;1ENT OF PORT ION OF INDIANA AVENUE IN THE CITY OF ':7ICHITA FALLS TEXAS -T1D DIiECTIN -1 +' THE CITY CLERK TO ADVERTISE FOR CO. "%ZPETITIVE BIDS FOR `i''HE EALING AND CONSTPUCTION OF SUCH IM- PROVEMPNTS : BE IT 1:ESOLVED BY `1�'H; BOARD OF riI,D R'. +Td OF THE CITY OF WICHITA FALLS, TH T: WH:1'_:EAS, by 1esolution passed on the 29th day of October 1923, the Board of tlldermen of the Cit,; of 'uichita Falls declared the ne- cessity of improving Indiana Avenue from the South property Line of Sixtk Street to the North Property Line of Tenth Street, by repaving same and installing concrete curbs and gutters, with materials and in the manners and methods stated in the said resolution, and gave the method by vhieh -y it was proposed that payment be made therefor, and directing the City Engineer to have plans, profiles, speci fications and estimates of the pro - posed improvements, prepared and WHEREAS, 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 cor- rected, where necessary. i 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 which said improvements shall be made and constructed. 2. `What 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 manner and for the length of time and in the form re- quired and provided by the City Charter and lap=is in force and in effect at this time, and by the ordinances and proceedings of this Board and such bids .ill be received until and shall be o -Dened on the 5th day of November 1923, at 7:30. l,i., and all bids shall be made in the manner and accom- panied by certified check and by the guarantee provided and required by the said specifications. 3. This .=resolution shall take effect from and after its passage. Passed and approved this the 29th dyy of October, 1923. 4# Moved by alderman Clifford that the following; 7'esoluti on be adopted. !.lotion seconded by Alderman Shepherd and carried by the following vote: - Yeas; Shepherd, Stayton, Patton, Clifford, Young. Nayes: None. R E S 0 L U TI O N RESOLUTION PROVIDING FOR THE IMI'?30V!_'1? ?T OF A PORTION OF OHIO AVENIE IN THE CITY OF WICHITA FALLS, TEXAS. BE IT RESOLVED BY THE CITY OF 'JICHITA FALLS, TEXAS; THAT I. OHIO AVENUE, from its intersection with the south property line of Sixth Street to its intersection with a point 138 feet south of the North property line of Tenth 6treet, in said City, be improved by install- ing concrete curbs, and gutters, or either or both, where adequate concrete curbs :nd gutterp; either or both, are not now installed on curb lines, and re- paving same with Brick Pavement on sand cushion or with Bitulithic Pave- ment on asphaltic concrete base, all with necessary appurtenances in acc- ordance with plans and specifications therefor to be prepared by the City Engineer. II. The City Engineer is hereby directed and ordered to pre- pare and file with the Board of alder-.en, plans, profiles, specifications and estimates for the making 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 correction be necessary shall by resolution, be approved, and the City Engineer being so directed, there being no City .anager. III. The cost of said improvements shall be paid for as fol- lows, to -wit: The benefitted and abutting property, and the owners thereof, shall be assessed and pay for not exceeding three- fourths of the cost of such improvements, exclusive of the cost ;f the curb, and the City of ,richita 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 FURTHT.,2 T:ESOLVED that the sums to be assessed against abutting prop- erty, and the o�iners thereof, shall be apportioned against the several lots or parcels of property abutting on the portion of street to be improve'd,in accordance with what is known as the front foot rule or plan, but no ass - essment shall be levied against any parcel of abutting property, or the owner thereof, in excess of the actual benefits to such owner in the enh- anced value to his property by means of such improvement as ascertained at the hearing provided and required by law, and no assessment shall in any case be levied until after due notice and hearing. • �"'.,, J �v. The sums to be assessed against the respective parcels of abutting property, and the owners thereof, which shall become due on or before thirty (30) days after the dote of completion and acceptance by the city of such improvements; on or before one (1) year from such date; On or before Two ( 2) years Ifter such date and on or before three (3) years after such date, respectively, Frith the provision that if default be :Wade in the payment of any installment as the same matures the en- tire amount of the assess_aent on which default is made shall at the opt- ion of the contractor, or its assigns, be and become immediately due and payable, togethervwith reasonable attorney's fees and costs of col- lection, _f incurred, and the amounts assessed against the respective parcels of property) and the owners thereof, shall be a first and prior lien on such property superior to all other liens and claims, except State. County, and i:unicipal Taxes, and shall further be a personal ch- arge and liability of the owner. ilid said assessments shall bear int- erest from the date of such completion and acceptance and until paid at the rate of 8;; per annum, payable annually. V. After said specifications have been approved the City Clerk, or other such officer as may be desi._nated by the 'oard of _,lder- men, shall at once advertise for sealed competitive bids for the making and construction of such improvements in accordance with the laws and ordinances in effect in this City. Such bids, when received, shall be opened and the "oard of . ,.ldermen shall select the most advantageous bid and shall accept same,,and contract for the waking and construction of such improvements shall be let and entered into with successful bidder. VI. In making said assessments, if the name of any owner be unknown it shall be sufficient to so state the fact, and if any pro- perty be owned by an estate or by any firm or corporation it shall be sufficient to so state the fact, and no error or mistake in giving the name of any owner shall in any wise effect or impair the validity of any assessment levied, but such assessment shall be a personal charge and liald - lity against the real and true owners of such property and a lien upon such property, whether such owners be named or not. VII. The improvements herein provided for shall be made and constructed, and assessments shall be levied, in accordance with and un- der the terms and provisions of the Charter of the City and the law in fore e in said city, and all proceedings with reference to the making and const- ruction of such improvements, and the levying of assessments therefor, shall be controlled by the terms of said charter, the provisions of Chap- ter 11, Title 22, Revised Statutes of the State of Texas, and -by the terms of this 7'Lesolution; and other ordinances, 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 with reference thereto, hereby superceded, and all such proceedings and assessments shall be controlled solely and alone by the terms and provisions of the said Charter, the said Chapter and this Resolution. VIII. Said improvements may be omitted in that portion of the Street in front of property of any owner who does not satisfactory secure the contractor in the payment of the cost of improvements apportioned to such lot, and the omissions of improvements in front of any property shall not in any wise affect, invalidate or impair the assess_ents levied on any other property. IX. This Resolution shall take effect and be in force from and after its passage. Passed and Approved this 29th day of October, 1923. A` The City Engineer then submitted the following: `„•' Wichita Falls, Texas October 29th 1923. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldemn with reference to the improvement of Ohio Avenue from the South Property Line of Sixth Street to Pint 138 feet south of the North Property Line of Tenth Street, I have prepared and hand you herewith plans, profiles, specificati- ons and estimates of the proposed improvements, the same embraces the diff- erent materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. id. Rugeley, City Engineer. Moved by Alderniah Clifford that the following T esolutim be adopted. ;,lotion seconded by Alderman Shepherd and carried by the following vote: - Yeas: Shepherd, Stayton, Patton, Young, - Clifford. Nayes: None. R E S O L U T I O N RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPE- CI'IUC"TIONS LI1D ESTIl ATyyES OFAATHE PROPOSED IMPROVEMMT OF PORTION OF OHIO DV ADVERTISE FUR C©MPETITIVEHBIDSFMh THEEMUHNG AIM DIRECTING THE AIM CONSTRUCTION COFYSUCHRI12- ROVE11ENTS . BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FAILS, THAT WHE`�EAS, by resolution passed on the 29th day of October 1923, the Board of Aldermen of the City of Wichita Falls declared the nec- essity of improving Ohio Avenue from the South Property Line of Sixth Street to 138 feet south of the Tylorth Property Line of Tenth Street by re- paving same and installing concrete curbs and gutters, with materials and in the manners and methods stated in the said resolution, and agave the method by which it was proposed that payment be made therefor, and directing the City Engineer to have plans, profiles, specifications and estimates of the pro- posed improvements, prepared and - WHEREAS, the said City Engineer has prepared such plans profiles, specifications and estimates and has filed the same with the T?oard 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 which said improvements shall be made and consttucted. 2. 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 manner 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 this time, and by the ordinances and proceedings of this Board and such bids will be received until and shall be opened on the 5th day of November 1923, at 7:30 P. ,i., and all.bids shall be made in the manner and accom- panied by certified check and by the guarantee provided and required by the said Specifications. 3/ This Tresolution shall take effect from and after its passage. Passed and Approved this the 29th day of October, 1923; f be adopted. Moved by Alderman Young that the following 1 ?esolution i following vote: - bIotion seconded by Alderman Stayton and carried by the Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: T•?one. R E S 0 L U T I 0 N RESOLUTION CLOSING HEARING IITH R1��Fi :,ENCE TO IMPROV?41ITTNTS AND ASSESSMENTS NTS THLPEFOR ON A PORTION OF _ IGHTH STRF i T IN THE CITY OF i I- CHITA, FALLS, TEXAS. WHE1,11EAS, by resolution passed and adopted on the 25th day of June 1923 it was ordered that Eighth Street from its intersection with the East property line of Filmore Street to its intersection with the cen- ter line of Van Buren Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construction of such improve- , - �ents and thereafter the City Engineer filed roll or statement showing theron the various arcels of p property abutting upon said street, with the names of the owners thereof, as far as known and showing the amounts to be ass- essed against each parcel, and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting property and to all others interested and a ti":?Q and place fi ed therefor; and at said time and place, to-wit, the <.,j day of as , 1923, at 7:30 O'clock, P. T.I. , in the Council Chamber in the .]organ Building in the City of Wichita Falls, Texas, said hearing was duly had and held, notice of the time and place %4r -e thereof and of such hearing having been theretofore given in due £end pro- per manner and for the length of time as was proper; and at said hearing the following protests ,,,sere made, to-wit: G. B. Isler owning N,:'113 of Lot 1 & 2 Block 3, fronting 100 feet on the South side of said Street, protested that; proposed im- provement would not enhance value of property to extent of cost of paving. S. P. Jones, owning Lot 7, Block 10 fronting 50 feet on the Tlorth side of said street, protested that: Proposed improvements would not enhance value of property to extent cost of paving. L. ;obinson owning ?ot 8. Block 11, fronting 50 feet on the south side of said street, protested that proposed improvement would not enhance value of property to extent of cost of paving; T. Littiken owning Lot 10, 'dock 20 fronting 50 feet on 13. Side; C. 1i. yrizan owning Lots 4, 5, 6, 7, 8, Block 21, fronting 250 feet on T1. side street; J. T{'. Frieberg, representing B. D. Vinson, owning Lot 8, Block 14, fronting 50 feet on S. side; same protests, in substance as above. u1d all parties desiring themselves to be heard their agents, representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the 73)oard of :aldermen having heard and considered all protests and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over - ruled, and that said hearing should be closed; and all errors and other matters requiring corrections or rectification having been corrected and rectified: THE_ EFO7:E, BE IT RESOLVE'D BY THE BOARD OF ALDER! „EN OF THE CITY OF lICHITA FALLS, TEXAS, THAT: I. All protests and objections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of nldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced-in value by Means of such improvement,, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of d H� of the cost of the said improvements made and app- lied and own on the ngineer s roll or statement is substantially in proportion to the benefits received by means of the improvements, and that such apportionment is just and equitable, and results in substantial jus- tice and equality between the various parcels of property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be, and it is hereby closed, and it is ordered that each parcel of property abutting upon the said improvements and the owners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respective parcels under the column "Total -,assessment", and itemized in the columns preceeding such column; and it is Cirected that ordinance levying such assessments in accordance with the terms and provisions of the proceedings of the City with reference to said improvements and in accordance with the law and charter be prepared. IV. The Board-of .Lldermen further finds that the sums assess- ed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the proceedings of the City; and further finds all other matters and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. Passed and approved this the 29th day of October, 1923. iL !t i 7i w lv7 i" i# 7�7r ,f if it- r7T -i7' ff it i, a i T iC I.loved by j'_lder,_an Young that the following Resolutioh be adopted. _Motion seconded by Alderman Stat.-ton and carried by the following vote : - Yeas: Shepherd, Stayton, Clifford, Patton, Young. Nayes: None. R E S O L U T I O N RESOLUTION CLOSING HEA :ING '<JITH 13rFERENCE TO ITaTPROVE 'IT TS AND ASSESS11EHINTS TH- EREFOR ON A PORTION OF EIGHTH STREET IN THE CITY OF IdICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 25th day of June 1923, it was ordered that :eighth Street from its intersection with the East Curb line of Van Buren Street to its intersection .with the Center line of Denver Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construction of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners thereof, as far as known, and showinc the amounts to be ass - essed against each parcel, and showing other matters and things, and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting aroperty and to all c teers interested and a time and place was f'xed therefor; and at said time and place, t o -wit, the 44L6v day of , 1923, at 7:30 o'clock, 2. M., in the Council Chamber. in the !:.organ Building in the City of 'dichita Falls, Texas, said hearing was duly had and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at said hearing the following protests .:ere made, to -wit: Gus Bynam owning Lot 8, Block 3, fronting 200 feet on the South side of said Street, protested that; the paving would not en- hance the value of the property to the extent of cost of paving same. J. C. Schaffer owning Lot 14, Block 4, fronting 50 feet on the south side of said street, protested that; the paving would not en- hance the value of the property to the ex' ent to cost of paving same. And all parties desiring themselves to be heard their agents, representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the Board of Aldcrmen having heard the evidence and having considered same, and having heard and con- sidered all protests and objections made, whether herein enumerated or not is of the opinion that all protests and objections should be over - ruled, and that said hearing should be closed; and all errors and other matters requiring corrections or rectification having been corrected and rectified; If -00%, L THEREFORE, BE IT 12,ESOLVED BY THE BOARD OF ALDER:.'EN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. All protests and objections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of Aldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced in value by means of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improvements made and applied and shown on the Engineer's roll or statement in substantially in proportion to the benefits received by means of the improvements, and that such apportionment is just and equitable, and results in substnatial justice and equality between the various parcels of property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be, and it is hereby,- closed, and it is ordered that each parcel of property abutting upon the said imp- rovements and the ocaners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns preceeding such column; and it is directed that ordinance levying such assessments in accordance with the terms and provisions of the proceed- ings of the City 'Jith reference to said improvements and in accordance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums ass- essed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the proceedings of the City; and further finds all other mat':ers and things necessary and prerequisite to this resolution and to such assessments. V. This resolution shall take effect and be in force from and after its passage. , Passed and approved this the 28th day of October 1923. IT W7trrrrt7tr€Triririt71trftiri be adopted. Moved by .ilderman Young that the following . esolution Llotion seconded by Alderman Stayton and carried by the following vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION CLOSING HEATING '!ITH I1EFER_1 CE TO IMPROTI ENTS AND ASSES Sl17ENTS ` H "REFOR ON A PORTION OF VAN BU7HEN STREET IN THE CITY OF ,dICHITA, FALLS, TEXAS. 'idHEREAS, by resolution passed and adopted on the 25th day of June 1923, it was ordered that Van Bimren Street from its intersection •• with the North property line of Ninth Street to its intersection with the North property line of Eighth Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construction of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street with the names of the owners thereof, as far as known, and showing the amounts to be assessed against eaeh parcel, and showihng other matters and things; and such statement having been examined and approved, it was by re- solution ordered that hearing be given to all owners of abutting property and to all others interested and a time and place was fixed therefor; and at said time and place, to -wit, the _�'tO�day of a44 1923, at 7:30 o'cl- ock, i;I. , in the Council Chamber in the aorgan Bu wing in the City of -.ichita Falls, Texas, said hearing was duly had and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at said 'nearing the following protests were made, to -wit: G. B. Isler owning N. ' of Dots 1 and 12, Block 3, fro- nting 50 feet on the '.:est side of said Street, protested that : proposed improvements would not enhance the value of property to extent of paving costs, etc., C. Appling Estate owning No. 50 feet Lots 17, 18, Block 4, fronting 50 feet on the east side of said Street, protested that : proposed improvements would not enhance the value of property to extent of paving cost, etc., :end all parties desiring themselves to be heard their agents, representatives and attorneys, were fullyand fairly heard, and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and having heard and con- sidered all protests and objections made, whether herein enumerated or not, is of the opinion that all protests and objections should be over- ruled, and that said hearing should be closed; and all errors and other matters requiring corrections or rectification having been corrected and rectified.: THEREFORE, BE IT RESOLVED BY THE BOARD Ori.DE=.: N OF THE CITY OF .7ICHITA FALLS, TEXAS, THAT: I. A11 protests and objections, whether herein enumerated or not, be, and the same are hereby overruled. II. The Board of 11dermen from the evidence finds that in each !end every case the property abutting upon the said improvements will be enhanced in value by �.eans of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor, and further finds that the apportionment of the cost of the said improverilents made and app- lied and shown on the Engineer's roll or statement is substantially in pro- portion to the benefits received by means of the improvements, and that such apportionment is just and equitable, and results in substantial jus- tice and equality between the various parcels of property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be, and it is hereby closed, and it is ordered that each parcel of property abutting upon the said improve- ments and the owners of such property be assessed-in the rums shown on the said roll or statement opposite the description of the respective parcels under the column "Total assessment" and itemized in the columns preceeding such column; and it is directed that ordinance levying such assessments in accordance with the terms and provisions of the proceedings of the City with reference to said improte:zents and in accordance with the law and charter be prepared. IV. The Board of Aldermen further finds that the sums ass- essed against the respective parcels of property do not exceed the amount or proportion authorized by charter and provided by the proceedings of the City; and further finds all other matters and things necessary and prere- quisite to this resolution and to such assessments. V. This resolution shall take effect and be and after its passage. Passed and Approved this the 29th day of `trr%� adopted. ?:loved by :alderman Young that the following Iesolution be following vote: - ?,lotion seconded by :alderman Stayton and carried by the � Yeas: Shepherd, 2tayton, Patton, Young, Clifford. IlLyes: None. ='.E S GLUT I 0111 RESOLUTION CLOSING HEARING I;'IITH REFI�RENCE TO I111PROVEI:IENTS AIM ASSESSMENTS THEE-EFOR ON A PORTION OF DENVER STREET IN THE CITY OF WICHITA FALLS, TEXAS. WHEREAS, by resolution passed and adopted on the 25th day Of June 1923, it was ordered that Denver Street from its intersection with the North Property line of nose Street to its intersection with the North property line of Eighth Street, be improved in the manner set forth in the said resolution; and thereafter contract was let and entered into with the Plains Paving Company for the making and construction of such improvements; and thereafter the City Engineer filed roll or statement showing thereon the various parcels of property abutting upon said street, with the names of the owners thereof, as far as known, and showing the amounts to be as- sessed aainst each parcel, and showing other matters and things; and such statement having been examined and approved, it was by resolution ordered that hearing be given to all owners of abutting property and to all others interested and a tiT-114 nd place was fixed therefor; and at said time and place, to -wit, the day of 1923, at 7:30 o'clock P. I.1., in the Council Chamber in the orga ding in the City of Wichita ��alls Texas, said hearing was duly had and held, notice of the time and place thereof and of such hearing having been theretofore given in due and proper manner and for the length of time as was proper; and at sc-,.id hearing the f ollowing protests were made, to -wit: Gus Bynam Owning hot 8, Block 3, fronting 50.9 feet on the �.j'est side of said Street, ,protested that; the proposed improvements would not enhance the value of property to extent of cost of paving, etc. E. V. Friberg owning lot 7, _73lock 3, fronting; 48.1 feet on the ':est side of said street, protested that: proposed improvements would not enhance value of property to the extent of cost of paving, etc. VV. Swartz, owning Lot 13, Block 2 fronting 135 feet on the Mast side of said street, protested that proposed improvemel�ts would-not enhance value of property to extent of cost of paving, etc. tLzd all parties desiring themselves to be heard their agents, representatives and attorneys, were fully and fairly heard, and evidence was introduced and considered; and the Board of Aldermen having heard the evidence and having considered same, and raving heard and consid- ered all protests and objections matte, whether herein enumerated or not, is of the opinion that all protests and objections should be over -ruled and that said hearing should be closed; and all errors and other matters requiring corrections or recitifcation having been corrected and rectified; ? THEREFORE9 -BE IT JAESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF VV'ICHITA FALLS, TEXAS, THAT: I. All protests and objections, whether herein enumerated or hot, be, and the same are hereby overruled. II. ' THE BONED of Aldermen from the evidence finds that in each and every case the property abutting upon the said improvements will be enhanced in value by means of such improvements, in a sum in excess of the amount proposed to be assessed against it therefor; and further finds that the apportionment of the cost of the said improvements made and app- lied and shown on the Engineer's roll or statement is substantially in proportion to the benefits received by means of the improvements, and that such apportionment is just and equitable, and results in substantial jus- tice and equality between the various parcels of•property and the owners thereof, considering burdens imposed and benefits received. III. That the said hearing be, and it is hereby closed, and it is ordered that each parcel'of property abutting upon the :paid improvements and the owners of such property be assessed in the sums shown on the said roll or statement opposite the description of the respective parcels under the column "Total Assessment" and itemized in the columns preceeding such column; and it is directed that ordinance levying such assessments in acc- ordance with the terms and provisions of the proceedings of the City with reference to said improvements and in accordance with the law and charter be prepared. IV. __*41 The Board of Aldermen further finds that the sums ass- 's essed against the respective parcels of property do not exceed the amount 11000' or proportion authorized by charter -and provided by'the proceedings of the City; and further finds all other matters and things necessary and prere- quisite to this resolution and to such assessments. V. This resolution shall take effect and be in 'force from and after its passage. Passed and approved this the 29th day of October, 1923. ORDINANCE 467 ORDINANCE LEVYING ASSESSI1i,IIT 10OR DART OF THE COST OF I1vT- 20VIITG A PORTION OF EIGHTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE ,STD LIEN AGAINST ABUTTING PROPERTY AND THE M71TERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AIM FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EM:'IRGENCY. Moved by Alderman Shepherd that Ordinance 467 be passed on its first reading. I;Iotion seconded following vote: - Yeas: Shepherd, ITaye s : Noiieo rr ## by Alderman Young and carried by the Stayton, Patton, Young, Clifford. ORDINANCE 469 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF EJ- PROVING A PORTION OF EIGHTH STRIEET IN THE CITY OF L- IICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY M THE O'''MERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, 1_ND FOP, THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EI,IE-ERGENCY. IJZoved by Alderman Shepherd that Ordinance 469 be passed on its first reading. 11otion seconded by Alderman Young and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ORDINANCE 470 ORDINANCE LEVYING= ASSESSHEN'T FOR PART OF THE COST OF IMPROVING A PORTION 'OF, VAN :IUREN STREET IN THE CITY OF WICHITA FALLS,TEXAS FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE 01,2ZERS THEREOF' PROVIDING FOR THE COLLECTION OF SUCH ASSESSI�'ENTS,, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICA`T'ES, AIM DECLA'_?ING AN 2, RGENCY. I:loved by _11derman Shepherd that Ordinance 470 be passed on its first reading. Puotion seconded by Alderman Young and carried by the following vote:- ' Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. f I f 11%1� ORDINANCE 471 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF I1,1- PROVING A PORTION OF DENV'E'R STREET IN THE CITY OF '.IICHITA FAILS, TEXAS, FIXING A CHARGE AID LIEN AGAINST ABUTTING PROPERTY AND THE OWN-RES THERE- OF PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EI,=RZENCY. Moved by Alderman Shepherd that Ordinance 471 be passed on its first reading. lowing vote:- lotion seconded by Alder :an Young and carried by the fol- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Mayes: None. ,t71•lr��TT7�� i�7�It7�7�7�7r�7�7t,1 �71�7t1T'7�7�f�lr7t MOVED BY ALDERLAN SHEPHERD that the rules requiring Ordinances to be read at three separate meetings be suspended. Lotion seconded by Alderman Young and carried. I ref i r rrr 'ff it rr` .fi r�tifir _Y ORDIN.aNCE 467 ORDINANCE LEVYING ASSES3;Il1'.NT NOR PART OF THE COST OF IMT_ PROVING A PORTION OF ;EIGHTH STREET IN THE CITY OF ':`iICHITA FALLS, TEXAS, FIXING A CHARGE AND !IEN AGAITLST ABUTTING P202EERTY AND THE OWNERS TH7RE- OF, 2ROVIDING 7OR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. i:ioved by Alderman Shepherd that Ordinance 467 be passed on itu second reading. _ Motion seconded by Alderman Young and carried by the fol- lowing vote:- Yeas: Shepherd, Stayton, 2atton, Young, Clifford. Nayes: None. 7WHI Mr17����Ir717T 1��7��71 �7�7r�>rrr7�rt ORDINATtiCE 469 ORDINANCE LEVYING ASSESSMENT FOF PART OF THE COST OF ILI- . PROVING a PORTION OF EIGHTH STREET IN THE CITY OF :iIICHITA FALLS, TEXAS, FIXING A CH _d GE AID LIEN AGAINST ABUT`.'ING PROPERTY _TTD THE "_"..NERS THEREOF PROVIDING FOR THE COLLECTION OF SUCH ASSESS2LEUTTS, 1M FOR THE ISSUANCE CI+' ASS IGE;ABLE CERTIFICATES, _ND DECLARING _,N �iL E G�:sITCY. loved by Alderman Shepherd that Ordinance 469 be passed on its second reading. lotion seconded by Alderman Young and carried by the fol- lowing vote: - Yeas: Shepherd,, ; Stayton, , atton, Young; Clifford. Nayes: None. 7r irrrit,rr, WDINANCE 470. ORDIN :NCE LEVYING SSA SS..';a'TTT ,0 ; _,' T OF THE COST OF II;1- .may ;. � r, R I'ROV I?Tt _� PO'�T I OTT OF VAN UN S1 T IN THE CITY OF :IICH ITA F+ ALES TE'T ' FIXING CHAS ?GE? JTD IEN t GAIN 'T ABU YI 1 PROPERTY T � .,� • �REC TTG .AND THE O���a`id��?S THI,_:EOF P OVIDING ?O: THEM COLLECTION OF SUCH ASSES3 ?:STS, ,,ND OR 2H� ISSUANCE CF ASSIGN <ABLE C III 2ICATES, AND DECLARING AN S=GENCY. !.loved by ,alderman Shepherd that Ordinance 470 be passed on its second reading. louring vote:- Motion seconded by alderman Young and carried by the fol- �-�- ! Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. i 7I'Tr;t7i~ �irrr•irrr7r=i��7, ll'7t1.7�7T1f1�;��� .F. F 4 ,° / ORDINANCE 471 `Moo► ORDITJATdCE LEVYING ASSESSI,IENT FOR PART OF THE COST OF LA- P LOVING A PORTION OF DENVER STREET IN THE CITY OF VIICHITA FALLS, TEXAS, FIX- ING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE O +TITERS THEREOF, PRO - VIDING FOR THE COLLECTION OF SUCH ASSESKiENTS, AND FOR THE ISSUANCE OF ASS- IGNABLE CERTIFICATES, AIM DECLARING AN ELIERGENCY. TJ.oved by Alderman Shepherd that Ordinance 471 be passed on its second reading. following vote:- aTotion seconded by alderman Young and carried by the Yeas: Shepherd, Sta, ton, Patton, Young, Clifford, Nayes: None. T� 71 jr7C 11 1 1 7i' It 1171 ii 1, Ir I T 91 44, 1� ORDINANCE 467 ORDIITAI14CE LEVYING ASSES31Z T FOR PART OF THE COST OF IL12ROVING A PORTION OF EIGHTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS TH1r=0F PROVIDING FOR THE COLLECTION OF SUCH ASSESSIIENT S, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN ElI=GENCY. Moved by Alderman Shepherd that Ordinance 467 be passed on its third and final reading. .:lotion seconded by AlderMan Young and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Pattoh, Young, Clifford. ITayes. None. ii f i t rrir r r rr r�r V— TIrr ORDINANCE 469 ORDINANCE LEVYING ASSESSLIENT FOR PA:�T OF THE COST O:t� ILi- PI;OVING A PORTION Or _IGHTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIX- ING A CHARGE AID LIEN AGAINST ABUTTING PROPERTY AND THE OvVNERS THEREOF, PRO- VIDING FOR THE COLLECTION OF SUCH ASSESSI�IINTS, AND FOR THE ISSUANCE OF ASS- IGNABLE CERTIFICATES, AND DECLA. ING All E123RGE CY. :Ioved by Alderman Shepherd that Ordinance 469 be passed on its third and final reading. Dotion seconded by 21derman Young-and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ORDINANCE 470 ORDINANCE LEVYING ASSESSI¢iENT FOR 2A1RT OF THE COST OF ITA- PROVIITG A PORTION OF VAN BUREN STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUT'i�ING PROPERTYL ATTD THE 0' "JIIERS �1�HEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSI;IETdTS, AND FOR THE ISSUANCE OF AS 7IGNABLE CERTIFICATES, AND DECLARING All EI:.IERGENCY. loved by Alderman Shepherd that Ordinance 470 be passed on its third and final reading. ..lotion seconded by alderman Young and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. i� �i�t�rfrf u ORDINANCE NO. 471 ORDINANCE LEVYING ASSESSw I,T FOR PART OF THE COST OF IM- PROVING A PORTION OF DENVER STREET IN THE CITY OF '4ICHITA FALLS,TEXAS, FLING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE 01,41TERS THERE- OF, " 30VID ING FOR THE COLLECTION OF SUCH ASSESSILIEITTS, AND FOR THE ISS- UANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EI,iERGENCY. Moved by Alderman Shepherd that Ordinance 471 be passed on its third and final reading. ?lotion seconded by Alderman Young and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. Irit it # ###Ir Moved b-,T Alderman Young that Joe iarlow be permitted to construct and operate business houses at the following points: Lots 7 to 25 inclusive, Block 1, Homewood iiddition Lots 19 and 20, Block 2, Homewood Addition Lots 1 to 6 inclusive, Block 12,Homewood Heightsv Add. Lots 11 to 16 IT Block 12, rr IT T. Lots 1 to 16 IT Block 13, it it Motion seconded by alderman Patton and carried. # # # # # # # # ## # ## # # # ## #� # ### IUZoved by Alderman Clifford that the following resolution be adopted. I:10tion seconded by 'Ilderman Stayton and carried by the following vo t e,: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S 0 L U T I 0 N. RESOLUTION APPROVING CONTRACT FOR THE IP.PROVE —ENT OF A PORTION OF POLK STRTET IN T' -`E CITY OF '.4ICH ITA FALLS: AUTHORIZING THE -1AYOR TO SIG_? Si�E: APPROVING THE CONTRACTOR'S BONDS THEREFOR AID APP- TG FUNDS FOIR THE CITY'S PO'?T ION OF THE COST THEREOF. JHE= ;HAS, a contract in writing between the City of Wichita Falls, Texas, and Plains Paving Company for the improvement of Polk Street fromits intersection with south property line of .avenue "D" to its in- tersection with the north curb line of Avenue "G" together with the con- struction and maintenance bonds, required thereby, are this day presen- ted to the Board of aldermen for adoption and approval; and IMERI AS, the bid of Plains Paving Company for the making and construction of the improvements provided for in the said contracts,has after due advertisement and notice, been made and upon the opening of the bids said contract was awarded to said Plains Paving Company; and ".VHE EAS, it is deemed necessary to set aside and provide or the payment of all that portion of the cost required in said con- tract to be paid for by the City of .Iichita Falls; THE ,EFORE, BE IT RESOLVED BY THE BOARD OF ALDERtTEN OF THE CITY OF 4VI CH ITA FALLS, TEXAS; THAT, There be and is hereby set aside and appropriated out of the funds available for that urpose, the sum of Two Thousand Three hundred thirty -six & 71100 (2,336.71) to pay and defray all that portion of the cost of improving said portion of Polk Street to be paid for by the City of "lichita Falls. ow The said contract ' and the construction and maintenance bond, be and the same are hereby approved and adopted and the IJayor is here- by authorized to execute and sign the said contract in the name of the City. III. This resolution shall take effect and be in force from and after its passage. be adopted. following vote:- Passed and approved this-29th day of Oct. 1923. irT Moved by «lderman Clifford that the following " esolution Motion seconded by Alderman Stayton and carried by the Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N iESOLUTION APPROVING CONTRACT FOR THE I�1PROVEI,1ENT OF A PORTION OF HAYS STREET IN THE CITY OF- `JICH ITA FALLS: AUTHORI7 ING THE MAYOR TO SIGN SATIE; APPROVING THE CONTRACTOR'S BOT,DS THTREFOR AND APP- ROP�IATIt1G '��UT7DS FOR THE CITY'S PORTION OF THE COST THEREOF. 14HEI?EAS, a contract in writing between the City of 'Jich- ita Falls, Texas, and Plains - ?aving Company for the improvement of Hays Street from its intersection with the north curb line of Avenue "E", to- -ether with the construction and maintenance bonds, required thereby, are i this day presented to the Board of :aldermen for adoption and approval;and 1HEIDEAS1 the bid of Plains Paving Company for the mak- ing and construction of the improvements provided for in the said contracts has after due advertisement and notice, been made and u-oon the opening of the bids said contract was awarded to said Plains Paving Company; and `THE,EAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in said contract to be paid for by the City of .!ichita 3'alls; THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERI:EN OF THE CITY OF '4ICHITA FALLS, TEXAS; THAT I. There be and is hereby set aside and appropriated out 'A of the funds available for that purpose, the sum of Seven hundred seventy one & 85100 0771.85) Dollars to pay and defray all that portion of the cost of improving said portion of rays Street to be paid for by the City of !ichita Falls. II. The said contract and the coast- uction and maintenance bond, be and the same are hereby approved and adopted and the 1.Iayor is hereby authorized to execute and sign the said contract in the name of the City. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 29th day of Oct. 1923. "'�, i OHDINAIICE 468 AN OnD II1,110E �IEGULtiT II1G THE LAYING OUT Ml DED IC AT ION OF .aDDITIOIIS, _LTD SUBDIVISIONS OF LARTS OF EXISTING _'.DDITIONS, TO THE CITY OF .1ICHITA FALLS TEXAS, rM VL EEPEALING ALL CRDINaINC S -_ND ?Aa TS (IF ORDIITAIICES IN CONFLICT :'JITH SZ.1E, .dTD PROVIDING A 2EIIALTY. -AND CREATING THIS .-:I1 ET<�R- GI1CY 1.EASUIE :AND SUSPE,IIDIIIG THE I ULES. LLloved by alderman Clifford that Ordinance 468 be passed on its third and final reading. following vote:- Motion seconded by alderman Shepherd and carried by the Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ;r7Frf4Jr ",f i��lTh rrr WX-r i� Moved by ., lderman Young that the bill of Cl. C. i'lilliard in the amount of •x;47.76, for jail repairs be allowed. Llotion seconded by _alderman Shepherd and carried. rrt�rr� �;` r�rr`` ;r`rrT��,`�,�rrfrrrrrrrr rr` Moved by ., lderman Shepherd that the bill of Dr. Duane I:leredith, covering travelling expense to �_ealth Conference, amounting to , ?13.70 be allowed. :Notion seconded by :ilderrman Young and carried. tr�rl'Tr, lrrf��' ,rrrrftl- r;`irrr`�t ��7� The City Engineer then submitted the following. :iehita Falls, Texas. Cctober 29th 1923. Hon. I:layor and City Commissioners, <ichita Falls, Texas. Gentlemen:- This is to certify that the pavement on Lamar Street from the South rro',erty _:ine of Seventh Street to the I:orth Property Line of Eighth Street has been completed by L. hitham & Co., in accordance with the plans and specifications therefor heretofore filed with your honorable body. I. therefore, recormnend that this pavement be accepted. Signed • i'. ugeley, City Ingineer. i 77 iI �u ' t rr ;l l;rrr h uirrr Lloved by :alderman Young that the following "esolution be adopted. ;,lotion seconded by ;_lderman Clifford and carried by the following vote:- Yeas: Shepherd, Stayt on, Patton, Young, Clifford. Nayes : None. R E S O L U T I O N RESOLUTION ACDEPTING THE IMPROVE1,121ITS ON LAMAR STREET FROI,I THE SOUTH PROPERTY LINE OF SEVENTH STREET TO THE NORTH PROPERTY LINE OF EIVHTH STREET AND DIRECTING THE LIAYOR AND CITY CLEzK TO ISSUE CERTIFICATES OF SPECIAL ASSESS11ENT LEVIED AGAINST THE VA-RIOUS LOTS OR TRACTS OF LAND AND THE MINERS THEREOF ABUTTING UPON SAID PORTION OF SAID ST?,EET. BE IT RESOLVED BY THE BOARD OF ALDE111EN OF THE CITY OF 4WICH ITA FALLS, 115 WHEREAS, the Board of Aldermen of the City of Wichita Halls, has heretofore ordered that Lamar Street from the South property line of Seventh Street to the Igorth .property Line of Eighth Street be improved by raising, grading, and filling same and installing concrete curbs and pav- ing same and after due notice and hearing, special assessments were levied against the various lots and tracts of land the owners thereof abutting upon the said portion of said street, and contract for the making and con- struction of the said improvements was entered into with L. E. ti1hitham and Company. 1w' ,:LEAS, the said L. E. Whitham & Company has fully per- formed its said contract and the said improvements have been made and con- structed in accordance with the said contract and the specifications there- for, and to the entire satisfaction of this Board. I. That the said improvements on said portion of Raid street be and the same are hereby accepted and L. E. Whitham & Company and the sureties on its construction bond are hereby released of any further obli- gation for or on account of the contract or bond for the making and con- structing of said improvements. II. That this resolution does not and shall not in any wise effect the bond of the said company for the maintenance of said improve- ments, but such maintenance bond shall and does remain in full force and effect. III. That the Ilayor and City Clerk be and they are hereby authorized, instructed, and directed to issue to L. E. Whitham and Company certificates 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 description of such property,the amount of the assessment against same, the owner thereof, the terms of pay- ment 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 reg- ularly had in accordance with the Law, the Charter of said City, the terms of the certificate, and that all prerequisities 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 the City, and the proceedings of this Board. passage. IV. This resolution shall take effect from and after its gassed and approved this the 29th day of Out. 1923. Moved by nlc erman Stayton that '''. T. Chaflin be perm- itted to construct and operate a grocery store and filling station on Lot 12, Block 25, Scotland addition under the usual provisions to -wit: That the said 1. T. Chaflin, his successors, adminis- trators, assigns and legal representatives shall hold the City of Wichita Falls, harmless from any damages that may arise from the operation of said grocery store and filling station, and that the said filling station shall be installed under the usualprovisions -of the City Engineer, and that they shall cease to operate said grocery store and filling station when so or- dered by the Board of aldermen of the City of tJichita Falls. Texas. Motion seconded by l",lderman Young and carried. #rr;� �r-ir`r� t Moved by Alderman Stayton that 1. E. Aldridge be per- mitted to install and operate a grocery store at _505 Adams Street ��- under the usual provisions to -wit:- 4. T;at the said T. E. Aldridge, his successors, admin- istrators, assiLgas and legal representatives shall hold the City of Wichita Fa_'ls, harmless from an7 damages that ma-T arise from the operat- ion of said grocery store, and that they shall cease .to operato_:_said grocery store when so ordered by the Board of Aldermen of the City of Wichita 7alls, Texas. Motion seconded by Alderman Patton and carried. T T i rrt�i r7F i rrr tr fI i rfrr Lloved by Alderman Stayton that the Fire Marshall be in- structed to inspect a building on the corner of 6t)¢ and Seymour Streets. .lotion seconded by _':l� ,,fan Clifford and carried. �r ifrrii IffifrifTrrT n-rrTT l Moved by Alderman Young that Commissioner Shepherd be authorized to buy a metal filing cabinet for the City Clerk's office for a consideration of 65.00. Notion seconded by Alderman Patton and carried. rr frT -4 '7rt Tr flTT� Crrfliii iZoved by Alderman Young that Commissioner Shepherd be authorized to buy an Adding machine for the tax Collector's Office for a consideratchon of ;290.00 cash and a second hand adding machine. lotion seconded by «lderman �tayton and carried. ir7r7i it l T TT it it it thrrhfir ih Tl T Moved by lderm: n Young that the ITayor and City Clerk be authorized to sign contract with '1. B. Chauncy, S. Curlee, R. E. Howell and J. V. lowell for a water line through the Indian Heights 21ddition, when same has been approved by the City Attorney. Motion seconded by ,ilderman Patton and carried. S 7i T �rir T 1r7f 7117 T it it #T T 7r rT Lloved b7,T Alderman Young that the later Department be authorized tc make the following extensions. Ave. I. from Giddings to Harrison Britton from Ave. I to -,ve. H Harrison from rive. I to 'Ive. H. 1110 ft of 2 inch pipe. 388.50 This extension. connects 11 houses. Motion seconded by Alderman Patton and carried. The Board of Aldermen then adjourned. Read and approved this _ fday of 923. Mayor ATTEST: - City Clerk i �` I