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Min 11/26/1923� r Wichita Falls, Texas. Basement Morgan Bldg., November 26th 1923. The Board of Aldermen of the City of Wichita Falls, met in regular session on the above date with the following present:- Fr R. N. B. J. J. W. W. ank E. Li. A. H. T. E. E. Collier, Mayor Shepherd Clifford r Stayton Aldermen Patton Y Young Y ideBroom, City Clerk George, City Attorney. The minutes of the previous meeting were read and approved. A petition from property owners in the Sibley Taylor Addition for the opening of Burnett Street to Chester _Street was received and re- ferred to Commissioner Clifford for investigation and report. Moved by Alderman Shepherd that W. I. Fellows be permitted to install and operate a curb filling station at 1018 Ohio Avenue under the usual provisions to -wit: That the said W. I. Fellows, his successors, administrators assigns and legal representatives shall hold the City of Wichita Falls harmless from any damages that may arise from the operation of said gasoline curb filling station and that the said curb filling station shall be installed under the supervision of the City Engineer, and that they shall cease to operate said gasoline curb filling station when so ordered by the Board of Aldermen of the City of Wichita Falls, Texas. Motion seconded-by Alderman Stayton and carried. Moved by Alderman Clifford that the Mayor be authorized to issue a deed to Mrs. J. W. I.vy to a plot of land containing 2 #raves in the north east corner of lot 177 Block N. Riverside Cemetery. Motion seconded by Alderman Patton and carried. Moved by Alderman Patton that Parfet & Martlew be authorized to file suit against the colleetd.r.of Internal Revenue to recover war tax paid on sewer pipe received in the years 1920 and 1921, commission. Fee to said Parfet and Martlew to be 50% of amount recovered. Motion seco nded by Alderman Young and carried. Moved by Alderman Shepherd that the claim filed by John Bradley of Henrietta for damage to automobile tire be disallowed. Motion seconded by Alderman Patton and carried. ORDINANCE 472 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF OHIO AVENUE IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF,PROVIDING FOR THE COLLECTION OF SUCH ASSESSidENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 472 be passed on its second reading. Motion seconded by Alderman Patton and carried by the follow- ing vote: - Yeas' Shepherd, Stayton, Patton, Clifford, Young. Nayes: None. A - Moved by Alderman Clifford that tie Mayor be authorized to -".. sign quit claim to deed to lot 1 of the Powell and Gorman Sub - division of Lots 4 and 5, Block253, Original Townsite. Motion seconded by Alderman Stayton and carried. Moved by Alderman Young__ that the Mayor appoint a committee to review the old ordinances records and report on Ordinances that should be repealed and ordinances that should be repassed. Motion seconded by Alderman Shepherd and carried-. The Mayor then appointed the following Committee: W. E. George, F. M. Rugeley J. L. McClure A. H. Douglas Geo. H. Hodgins. MOVED by Alderman Clifford that the following resolution be adopted. Motion seconded by Alderman Stayton and carried by the fol- lowing vote: - Yeas : Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. ` R E S 0 L U T I 0 N. RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF LAMAR STREET, 1,ND DIRECTING EXECUTION OF CONTRACT. "WHEREAS, the City of 6ichita Falls, has heretofore ordered that Lamar Street from its intersection with the South Curb Line of 5th Street to the South Curb Line of 4th Street, by installing concrete curbs and paving same with one course reinforced concrete,&by raising grading and filling same together with necessary appurtenances, and thereafter plans and specifications were duly-. adopted and approved for such improv- ement, bids were advertised for, and received, and 6n the 21st day of Nov. 1923 such bids were opened, and WHEREAS, the bids received have been fully canvassed and considered and the City Council after Hilly considering same is of the opinion that the bid of L. E. Whitham & Co., is the most advantageous and should be accepted: NOW THEREFORE BE IT RESOLVED BY THE CITY OF WICHITA FALLS, I. That -the bid of L. E. Whitham & Co., for the making and construction of the said improvements on said portion of street filed with the City, be and the same is hereby accepted. II. ` That the form of contract embraced in the specifications be and the same is hereby adopted and approved and the Mayor is author- ized and directed to enter into contract for such improvement with L.E. Whitham & Co. , and to execute such contract for and on behalf of and in the name of the City, and the City Clerk is hereby authorized and dire- cted to attest same in the name of the City and to impress thereon the City's corporate seal. III. This resolution shall -take effect and be in force from and after its passage. Passed and approved this 26th day of November 1923. adopted. Moved by Alderman Clifford that the following Resolution be Motion seconded by Alderman Stayton and carried by the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford, Nayes: None. R E S O L U T I O N RESOLUTION DIRECTING THE CITY ENGINEER TO LUAKE AND FILE WITH THE BOARD OF ALDER: .&N SHOWING ESTIMATED COST OF IM[PROVement OF LAMAR STREER FROM ITS INTERSECTION WITH THE SOUTH CURB LINE OF FIFTH STREET TO THE SOUTH -CURB LINE OF 4TH STREET. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Lamar Street from its intersection with the South Curb Line of 5th Street to the South Cprb Line of 4th Street, by raising, grading, and filling same and installing concrete curbs and pavement with foundation, and has caused advertise- ments to be made for bids z for the making and construction of the said improvements to be made and bids therefor have been taken, and said Board has determined to make the same in the manner described, and with one course reinforced concrete pavement as shown in the specifications ad- opted therefor. I. The City Engineer is hereby directed, in accordance with pro- visions of Section 108 of the City Charter to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City the proport- ion to be assessed against the abutting property and the owners of land abutting thereon and benefited thereby, and the owners 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 of property pro- posed to be assessed for excavation for pavement, and the rate for pav- ing, and the total amount proposed against .each such lot or parcel of land and the owners thereof, and such report may show any other matters or things, and shall show the estimated amount of damages, if any to each piece or parcel of .property, and the owner thereof, which will. be sustained by reason of said improvements. Such report shall in all res- pects comply with the resolutions and other- proceedings of this Board with reference to the proposed improvement of said portion of Lamar St- reet from its intersection with the South Curb Line of 5th Street to the South Curb Line of 4th Street. II. This resolution shall take effect from and after its passage. The City Engineer submitted the following report. TO THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. GENE'LELM : - I hand you herewith report and estimate of the cost of improving Lamar Street from its intersection with the South Curb Line of 5th Street to the South Curb Line of 4th 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 Body. As is shown on this report the estimated amount payable by the City for this improvement ,will be 4973.28; The estimated amount payable by the owners of property will be $6,966.12; The estimated cost to is 40.5.0; The owners per lineal foot of curb The estimated amount to be assessed for excavation for pavement per front foot_ is nothing. The estimated cost to be assessed against property owners for pavement is $9.4516 per front fo of ; t 1~ 4 \ The estimated cost to be assessed against property owners for pavement, exclusive of curb is $9.4516 per front foot; The -estimated .damages Are nothing in -any case. This estimate and report is based upon One course reinforced concrete, all in accordance with the specifications therefor heretofore filed with this Honorable Body. Respectfully submitted, Signed: 6'. M. Rugeley, laity Engineer. Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried bar the fol- lowing vote: - Yeas: Shepherd, Stayton, Patton, Young, Clifford. Naye s None. R E S 0 L U T I ON. RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENG- INEER AS TO COST AND ASSESSMENT FOR THE IMPROVEMENT OF LAMAR STREET FROM ITS INTERSECTION WITH THE SOUTH CURB LINE OF 5TH STREET TO THE SOUTH CURB LINE OF 4TH STREET, FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTH- ERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF AND PRES- CRIBING THE FORM OF SUCH NOTICE. BE IT HESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF 'J',1ICHITA FALLS, TEXAS: THAT, whereas, the.Board of Aldermen of the City of Wichita Falls has heretofore ordered the improvement of Lamar Street from its intersection with the South Curb Line of-5th Street to the South Curb Line of 4th Street, and has received estimates, plans, and specifications from the City Engineer and after adoption of same and after due advertisement and notice, competi- tive bids were received, and it has been determined that all of the cost of constructing curbs along said portion of said street, and not exceeding ninety per cent of the remaining cost of such improvement, as determined at the heating hereinafter mentioned, shall be assessed against the property abutting thereon and against the owners thereof, and that said property is the property that will he benefited by means of said improvements; and the City Engineer has made and filed with the 14ayor and Board of Aldermen his re- port and estimate of the cost of such improvement and estimated amount to be assessed against each lot or parcel of land, and the owner thereof and show- ing 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. The said report of the City Engineer filed on the day of 9239 be and it is hereby adopted and approved. II. That a hearing shall be given to the property owners proposed to be assessessed for the said improvements, being the property abutting on said portion of said street and to all others interested, and shall be given are held in the Council chamber in the basement of the Morgan Building in the City of Wichita Falls at JJ!52 &, M o'clock on the !%d--lj day of QUfjA&J 1923, and at which hearing and at said time and place the owners of said property, or any of them, their-agents or attorneys, or any one else in any manner interested either in said property or in said improvements, or in the manner or method of making and constructi.gg same, or in the contract therefor, or the proceedings with reference thereto, or the benefits or damages to said property, shall be frilly and fairly heard as to any or said matters and as to the amounts to be assessed against the said property and against the owners thereof, and as to the benefits to their property in en- hanced value by means of said improvement, and as to damages to said prop- erty or the owners thereof resulting from or to be sustained by reason of said improvement, or as to any other matter or thing in azW wise incident to or connected with the said improvement, contract, proceedings, or ass- essment therefor, or method or manner or paying for same. III. That any claim for damages shall be, made in writing and shall t d thi in the manner and form provided and required set forth the mat era an ngs A"►, i a by law and the provisions of the City Charter. And other claims or matters may be presented either orally or in writing and at such hearing all claims, protests, and objections whatsoever will be passed upon by the Board and said hearing may be continued from time to time until all desiring to be heard have been fully heard, and after all have been fully and fairly heard, the said hearing will be closed, and at said hearing and from the facts $efore it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel of property and against the owner thereof, and will determine the lots or parcels benefited by means of said improvement and will determine the amount of damages.-if any, to each lot or parcel of property and the owner thereof, the enhanced value of property by means of said improvement, and will correct any errors, mistakes or invalidities in any proposed assessment, and in any proceeding with reference to the making or construction of said improvements, or the levying of assessments there- for, and will thereafter, by ordinance make and levy assessments against each such piece or parcel of property and against the owners thereof in the proportion provided and in the manner and form and' in accordance 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. After such hearing is closed anyone desiring to appeal there- from shall prosecute any appeal to any Court having jurisdiction within twenty (20) days from the date such hearing is closed and final assess - ment levied and not thereafter, and all persons, firms, corporations, es- tates, and other parties shall after the expiration of twenty (20) days from the levying of such assessment, be forever barred and estopped from in any manner doubting or resisting same or asserting any error, irregu- larity, mistake, or invalidity therein. The City Clerk is hereby directed to give notice of the time and place of said hearing to the owners of said property and to all others interested by causing such notice to be published in the official news- paper of the City, which notice shall be substantially the following form to -wit: "TO THE OWNERS OF PROPERTY ABUTTING ON LAMAR STREET FROM ITS INTERSECTION WITH THE SOUTH CURB LINE OF 5TH STREET TO THE SOUTH CURB LINE OF 4TH STREET AND TO ALL OTHERS INTERESTED ". Notice is hereby given of the intention of the City to proceed with the improvement of Lamar Street from its intersection with the South Curb Line of 5th Street to the South Curb Line of 4th Street by raising, grading and filling same and installing concrete curbs and paving with one courae reinforced concrete pavement and all lots and land benefited by means of the said improvement, and such assessments when levied shall be a first and prior alien upon the lots and land assessed, and a personal claim and a charge against the owners thereof. On the 17th day of December A. D. 1923 in the Council Chamber in the Morgan Building in the City of Wichita Falls, at 7:30 P. M. o'clock all such owners and their agents will be fully heard by the Board of Ald- ermen, and an � protests, objections, or claims will be fully and fairly heard. The b nefits and damages resulting from said improvements will be determined and the amounts to be assessed against each such lot or parcel of land and the owners thereof will be determined and an assessment there- for will be levied. Plans and specifications for the improvement, and form of contract and report of Engineer showing estimated cost thereof and est- imated amount of assessment against each such lot or parcel of land and the owners thereof are on file in the office of the City xx Clerk and op- en to inspection. The estimated cost of the said improvement -ts $7,939.40; The estimated amount to be assessed against property owners is $69966.12; The estimated amount to be assessed for curb is $0.50 per lineal foot of curb and, The estimated amount of the 'assessment against property owners and their property for pavement and excavation is 9.45.16 per front foot. r All persons, firms, corporations, or estates their agents or attorneys, desiring to be heard in any matter or, thing in any wise conn- ected with said improvement, the assessment therefor, the benefits there- for, the damages resulting therefrom, or the proceedings connected there- with, shall be and appear before said Board of said time and place. Done in accordance with the resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the 26th day of November A.D. 1923. W. E. MaBroom, City Clerk w 6 And said notice shall be published-in said paper not less than four times and the first of said publications-shall appear not less than 14 days prior to the date set for said hearing not c oanting the date of hearing and the City Clerk shall cause to be mailed to each owner whose name appears on said report of the City Engineer, a regisrered letter containing a copy of the said notice, suc)t notice to be deposited in the Post Office at Wichita Bails, but such notice by letter shall be cumglative of the advertisement, and such notice by advertisement shall be sufficient whether -or not any other notice be given and whether or not such notice by letter be received or sent. Passed and approved this 26th day of November A. D. 1923. Moved by Alderman Shepherd that the following Resolution be adopted. 14otion seconded by Alderman Young and carried by the foll- owing vote:- Yeas Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S 0 t U T I 0 N WHEREAS, contract in writing between City of Wichita Falls and L. E. Whitham & Company for the improvement of the following street in said City, toewit: TRAVIS STREET FROM THE SOUTH PROPER`''Y LINE OF NINTH STREET TO THE NORTH PROPERTY LINE OF TENTH STREET, TOGETHER with construction bonds and maintenance bonds required thereby, are this day presented to the Board of Aldermen for adoption and approval; and, WHER? ?AS, the bid of L. E. Whitham & Company. for the making and construction of the improvement provided for in the said contracts, has after due advertisement and notice, been made and upon opening of the said bids, said contract was awarded to the said Company; and t WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said contract to be paid by the City of Wichita Falls; Therefore, be it of 1.1ichita Falls, that there be of the funds available for � that pay and defray all that portion vis :street. from the South grope Line of Tenth Street to be paid resolved by the Board of Aldermen of the City and is. hereby set aside and ap r priated out purpose, the sum of to of. the cost of improvin said po tion of Tra- rty Line of ' Ninth Street to the North Property for by the City of Wichita Falls: The said contract and the construction bond and maintenance bond be and the same are hereby approved and adopted, and the Mayor is hereby auth- orized to execute and sign the said contract, in the name of the City. That this resolution shall take effect from and after its passage. Passed and approved this Gt day of x _1923. Moved by Alderman Shepherd that the following resolution be adopted. Aotion seconded by Alderman Young and carried by the following vote'-- Yeas: Shepherd, Stayton, Patton, Young,' Clifford. Nayes: None. R E S O L U T I O N WHEREAS, contracts- in writing between L. E. Whitham and Co., and the City of Wichita Falls, for performing of all work of excavation in connection with the improvement of Travis Street from the South Property Line of Ninth Street to the North property Line of Tenth Street for the prices named therein and-upon the terms therein set forth binding the City of Wichita Falls to do and perform all work of excavation upon the said street, as is provided in the contract, being one contract for said street, are this day presented to the Board of aldermen for adoption and approval; and, �9 R WHEREAS, it is deemed advisable to enter into said contracts upon the terms set forth therein, and for the compensation herein provided, Therefore, be it resolved by the BonLrd of aldermen of the City of Wichita Falls: I. That the City of Wichita Falls do enter into contracts with L. E. Whitham and Company binding the City to do and' perform all the work of excavation showA in said contract, and on said street, at and for the prices and for the terms therein stipulated and set forth. II. That the said contract is hereby approved and adopted and the Mayor is hereby authorized and directed to execute and sign the said con- tract- in the name of the City. III. That this resolution shall take effect from and after its passage. Passed and approved this A� day of _1923. Moved by Alderman Shepherd that the Treasurer be instructed to transfer the following balances to General Fund. Sinking Fund, Refunding No. 1, 290.39 j Pay Roll Accoyjnt 618.43 Motion seconded by Alderman Patton and carried. adopted. Moved by Alderman Patton that the following Resolution be owing vote: - Motion seconded by Alderman Stayton and carried by the foll- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION DECLARING THE NECESSITY OF IMPROVING TILDEN STREET FE OM ITS INTERSECTION WITH THE NORTH CURB LINE OF AVE. G TO THE NORTH CURB LINE OF AVE. I STATING THE NATURE OF SUCH IMPROVEMENTS AND THE METHOD BY WHICH IT IS PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES OF THE PRO- POSED IMPROVEMENTS PREPARED. BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF 'WICHITA FALLS: THAT, I. It is necessary that Tilden Street from its intersection with the North Curb Line of Ave. G to the North Curb Line of Ave. I, be imp- roved by raising, grading, filling, and paving same, and installing con- crete curbs and that same be improved with one of the following materials to -wit: (a) One Course concrete pavement. (b) Warrenite Bitulithic Pavement (c) Brick pavement. II. The City Engineer is hereby directed to have plans, profiles specifications, and estimates embracing the foregoing materials and plans of improvement prepared, and to file same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. i III. I to -wit The said improvements shall be paid for in the following mannOr { t s The benefited and abutting property, and the owners thereof, shall be assessed and pay for all cost of installing curbs and not exceeding` ninety per cent of the remaining cost of such improvements, and the City of `,,; Wichita Falls shall pay the remainder. The sums payable by the benefited property and the owners there- of shall be payable in four equal installments, the first of which shall be due upon the date after the completion and acceptance by the City of such im- provements, and the second shall be due on or before one (1) year after such completion and acceptance, and the third on or before two (2) years from such completion and acceptance and the fourth on or before from three years from said date of completion and acceptance, the entire amount of the sums shall bear interest from the date of such completion and acceptance and until paid at the rate of eight per cent (8%) per annum, payable annually, but such property and the owners thereof shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and holder of the certificate of special assessment issued in evidence thereof mature the entire amount unpaid,; and the sums payable by the respecl�ive lots or parcels of land or property abutting upon the said improvement and bene- fited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge a #ainst such property, superior to all other liens, claims and charges and demands 61 whatsoever kind excepting only State, County, and Municipal taxes. No assessment shall be levied against any lot or parcel of land, or the owner thereof in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means of such improvement,and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of prop- erty, and the owners thereof, shall be issued to the contractor or party performing the work of such improvement and containing recitals lawful and properly applicable thereto and the said improvements shall be executed_, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assessment and any other matters with reference to said improve- ment shall be done and performed in the manner and form provided by the Chartst and Laws in force and effect-in thi's City, 'and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. The City Engineer then submitted the following: FETTER OF ENGINEER SUBMITTING PLATYS, PROFILES, SPECIFICATIONS, AND ESTIMATES. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Tilden Street from its intersection with the North Curb line of Avenue G Street to the North Uurb Line of Ave I, Street, I have prepared and hand you herewith plans, profiles, specificat- ions, and estimates of the proposed improvements, the same embraces and different materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. M. Rugeley, City Engineer. F opted. MOVED by Alderman Batton that the following Resolution be ad- Motion seconded by Alderman Stayton and carried by the foll- owing 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, SPECIFICATIONS AND ESTIMATES- OF THE P IMPOSED IMPROVPNENT OF TILDEN STREET FROM ITS INTER- SECTION WITH THE NORTH CURB LINE OF AVE. G. TO THE NORTH CURB LINE OF AVE. I. IN THE CITY OF WICHITA FALLS, TEXAS, nND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CONSTRUCTION OF SUCH IM- PROVEMENTS. BE IT RESOLVED BY THE BOARD OF ziLDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT WHEREAS, by resolution passed on the 26th day of November A.D 19239 the Board of Aldermen of the City of Wichita Falls Declared the necessity of improving Tilden Street from its intersection wirh the North Curb Line of Ave. G to the North curb Line of Ave I., by raising, grading and filling same, and paving same and installing concrete curbs with the materials and in the manner and methods stated in the said resolution, and gave 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 proposed improvement prepared; and, WHEREAS, the said City Lngineer has prepared such plans, pro- files,- specifications and estimates and has filed same with the Board of Aldermen and the same have been examined and inspected and corrected where necessary; I. That the said plans, profiles, specifications, and estimates, be and they are hereby adopted and approved as those under, by and in accordance withvwhich the said improvements shall be mdde and constructed. II-0 That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improve- ments, in the manner and for the length of time and in the form required and provided for by the City `barter and laws in forge and effect at this time, and -by the ordinances and proceedings of this Bo,�rd and such bids will be received until and shall be opened on then - -day o f 1923 at M. o'clock, and all bids shall be made in the form and in the manner, and accompanied 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 26th day of Novembdr, 1923. adopted. Moved by Alderman Patton that the following Resolution be ing vote:- Motion seconded by Alderman Stayton and carried by the follow- _ Yeas: Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. RESOLUTION FROM ITS INTERSECTION CURB LINE OF 16TH STRI METHOD BY WHICH IT IS ING THE CITY ENGINEER MATES OF THE PROPOSED R E S O L U T I O N DECLARING THE NECESSITY OF IMPROVING AUSTIN STREET WITH THE NORTH CURB LINE OF 14TH STREET TO THE NORTH P,ET STATING THE XATURE OF SUCH IMPROVEMENTS AND THE PROPOSED THAT PAYMENT BE MADE THEREFOR, AND DIRECT - TO HAVE PLANS, PROFILES, SPECIFICATIONS, AND ESTI- IMPRO VEMENT S PREPARED. BE IT AND IT IS HEREBY RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, I. It is necessary that Austin Street from its intersection with the North Curb Line of 14th Street to the North curb line of 16th Streets be improved by raisin concrete curbs and that sa.melbe�impro improved with onelof theefollowingt ` I mater- ials, to -wit i .. (a) One course concrete pavement (b) Warrenite Bitulithio Pavenaent. (c) Brick Pavement. �..� II. The City Engineer is hereby directed to have plans, profiles specifications, and estimates embracing the foregoing materials and plans of improvement prepared? and to file same with the Board of Aldermen, the City Engineer being so directed, there being no City Manager. III. The said improvements shall be paid for in the following manner, to -wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all cost of installing curbs and not exceed - ing_ ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property. and owners there- of shall be payable in four equal installments, the first of which shall be due upon the date after the completion and acceptance by the City of such- improvements, and the second shall be due on or before one (1) year after such completion and acceptance, and the third on or before two (2) years from such completion and acceptance and the fourth on or before f three years from said date of completion and acceptance, the entire amount of the sums shall bear interest from the date of such completion and acc- eptance-and until paid at the rate of eight per cent (8%) per annum,.pay- able annually, but such property and the owners thereof shall have the pri- vilege of paying any or all of such installments at any time before matur- ity, and the failure to pay any installment upon the maturity thereof shall at the option of the owner and holder .of the certificate of special ass- essment issued in evidence thereof mature the entire amount unpaid; and the sums payable by the respective lot's or parcel's of land or property abutting upon the said improvement and benefited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and charges and demands of whatsoever kind excepting only State., County, and Municipal Taxes. No assessment shall be levied against any lot or parcel of land, or the owner thereof in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and. in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV. Upon the completion and acceptance of such improvements, if sans shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of prop- erty, and the owners thereof, shall be issued to the contractor or party performing the work of such improvement and containing recitals lawful and properly applicable thereto and the said, improvements shall be execu- ted, and the said matters filed, said notice and hearing ordered given, and ordinance levying the assessment and any other matters with reference to said improvement shall be done and performed in the manner and form provided by the Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and approved this 26th day of November 1923. The City Engineer then submitted the following:- LETTER OF ENGINEER SUBMITTING PLANS, PROFILES, SPECIFICATIONS AND ESTIMATES. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Austin Street from its intersect- ion with the North Curb line of 14th Street to the North Curb Line of 16th Street, I have prepared and hand you herewith plans, profiles,spe- cifications, and estimates of the proposed improvements, the same emb- races and different materials, plans and methods of improvement set forth and specified in the said resolution. Signed: F. TA. 14zgeley, City Engineer. Moved by Alderman Patton that the following Resolution be adopted. Motion seconded by Alderman Stayton and carried by the fol- lowing vote:- Yeas: Shepherd, Stayton, Patton, Young, Clifford. Naye s : None. R E S O L U T I O N RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICAT- ION AND ESTIMATES OF THE PROPOSED IMPROVETIENT OF AUSTIN`=STREET FROM ITS INTERSECTION WITH THE NORTH CURB LINE OF 14TH STREET TO 'SHE NORTH CURB LINE OF 16TH STREET IN THE CITY OF WICHITA FALLS, TEXAS, AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE MAKING AND CON - STRUCTING OF SUCH IMPROVEIDOT30 BE IT RESOLVED BY THE BOARD OF aLDER14EN OF THE CITY OF WICHITA FALLS, TEXAS: THAT WHEREAS, by resolution passed on the 26th day of November A.D " 19239, the Board of Aldermen of the City of Wichita Falls, declared the necessity of improving Austin Street from its intersection with the North Curb Line of 14th Street to the North Curb Line of 16th Street, by rai- sing, grading, and filling same, and paving same and installing concrete curbs ttPith the materials and in the manners and methods stated in the said resolution, and gave the method by which it was proposed that pay- ment be made therefor, and directing the City Engineer to have plans, profiles, specifications, and estimates of the proposed improvement pre- pared; and, WHEREAS, the said City Engineer has prepared such plans, profi- les, specifications, and estimates and has filed same with the Board of Aldermen, and the same have been examined and inspected and corrected where necessary; I. That the said plans, profiles, specifications, and estimates, be and they are hereby adopted and approfed as those under, by and in accordance with which the said improvements shall be made and construct- ed. I1. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improve- ments, in the manner and for the length of time and in the form required and provided for by the City Charter and laws in force and 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 /per' day of 1W- _at , M o'clock, and all bids shall be made —in—The form and in the manner, and accompanied 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. Paused and Approved this 26th day of November A. D. 1923. 0 opted, ing vote:- Moved by Alderman Patton that the following Resolution be ad- Motion seconded by Alderman Stayton and carried by the follow- Yeas; Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S O L U T I O N RESOLUTION DECLARING THE NECESSITY OF IMPROVING ALLEY NORTH OF BLOCK 4, `SOUTHLAND "ADDITION FROM EAST PROPERTY LINEMA STREET-TO WEST PROP- ERTY LINE MARSH:=',LL STREET STATING '1HE NATURE OF SUCH IMPROVEAENTS AND THE IJETHOD BY 4HICH IT IS PROPOSED THAT PAY -'ENT BE LTADE THEREFOR, AND DIRECTING THE CITY ENGINEER TO HAVE PLANS, PROFILES, SPECIFICATIONS, AND ESTI14ATES OF THE PROPOSED IMPROVEMENTS PREPARED. BE `IT AND IT IS HEREBY r2SOLVED BY THE BOARD OF ALDEP01EN OF THE CITY OF 'ICHITA FALLS: THAT, I. It is necessary that the alley North of Block 4, Southland addition, from East Property Line Alma Street to nest Property Line 11arshall Street by improved by raising, grading, filling, and paving same, and install- ing concrete curbs and that same be improved with one of the following mater- ials, to -wit:- (a) One Course concrete pavement. (b) Warrenite Bitulithic pavement (e) Brick Pavement. II. The .City Engineer is hereby directed to have plans, profiles specifications, and estimates embracing the foregoing materials and plans of improvement prepared, and to file same with the Board of Aldermen xf, the City Engineer being so directed, there 'being no City Manager. III. The said improvements shall be paid for in the following man- ner, to -wit: The benefited and abutting property, and the owners thereof, shall be assessed and pay for all cost of installing curbs and not exceeding ninety per cent of the remaining cost of such improvements, and the City of Wichita Falls shall pay the remainder. The sums payable by the benefited property and owners thereof shall be payable in four equal installments, the first of which shall be due after the completion and acceptance by the City of such improve - men s, and The second shall be due on or before one (1) year after such com- pletion and acceptance, and the third on or before two (2) years from such completion and acceptance and the fourth (4) on or before 3 years from such completion and acceptance. The entire amount of the sums shall bear inter- est from the date of such completion and acceptance and until paid-at the rate of eight per cent (8%) per annum, payable annually, but such property and the owners thereof shall have the privilege of paying any or all of such installments at any time before maturity, and the failure to pay any installment upon the maturity thereof shall at`the option of the owner and holder of the certificate of special assessment issued in evidence thereof mature the entire amount unpaid; and the sums payable by the respective lots or parcels of land or property abutting upon the said improvement and bene- fited thereby, shall be assessed against such lots or parcels and against the owners thereof, and shall be a personal liability of such owner and a first and prior lien and charge against such property, superior to all other liens, claims and charges and demands of whatsoever kind excepting only State, County, and Municipal Taxes. , No assessment shall be levied against any lot or parcel of land, or the owner thereof in excess of the special benefits to such lot or parcel of land in enhanced value thereof by means -of such improvement, and no assessment shall be levied until after the notice and hearing as provided in the Charter and Laws in force and effect in this City, and in the ordinance and proceedings of the Board of Aldermen applicable thereto. IV - Upon the completion and acceptance of such improvements, if same shall have been performed by contract, then certificates in evidence of the assessments levied against the respective lots or parcels of property and the owners thereof, shall be issued to the contractor or party performing the work of such improvement and containing recitals lawful and properly app- licable thereto and the said improvements shall be executed, ar.d the said i i i '"%1_ matters filed, said notice and hearing ordered given, and ordinance levy- ing the assessment and any other matters with reference to said improve- ment shall be done and performed in the manner and form provided by the Charter and Laws in force and effect in this City, and the proceedings, ordinances and resolutions of the Board of Aldermen. V. This resolution shall take effect from and after its passage. Passed and Approved this 26th day of November 1923. The City Engineer then submitted the following:- LETTER OF ENGINEER SUBMITTING PLANS, PROFILES, SPECIFICATIONS, AND ESTIMATES. TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS. In compliance with the resolution of the Board of Aldermen with reference to the improvement of Alley North Block 4, Southland Addition from the East Property Line of Alama Street to the West Prop- erty Line of Marshall Street, I have prepared and hand you herewith plans, profiles, specifications, and estimates of the proposed improvements, the same embraces and different materials, plans and methods of improvement set forth and specified in the said resolution.' Signed: F. M. Rugeley, City Engineer. Moved by Alderman Patton that the following Resolution be adopted- Motion seconded by Alderman Stayton and carried by the foll- owing vote - Yeas Shepherd, Stayton, Patton, Young, Clifford. Nayes: None. R E S 0 L U T ION. RESOLUTION APPROVING AND ADOPTING PLANS, PROFILES, SPECIFICAT- IONS AND ESTIMATES OF THE PROPOSED IMPROVEMENT OF ALLEY NORTH OF BLOCK 49, SOUTHLAND ADDITION FROM THE EAST PROPERTY LINE OF ALMA STREET TO THE WEST PROPERTY LINE OF MARSHALL STREET IN THE CITY OF WICHITA FALLS, TEXAS,AND DIRECTING THE CITY CLERK TO ADVERTISE FOR COMPETITIVE BIDS FOR THE FAKING AND CONSTRUCTING OF SUCH IMPROVEMENTS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: THAT WHEREAS, by resolution passed on the 26th day of November A.D 1923, the Board of Aldermen of the City of Wichita Falls declared the necessity of improving the alley North of Block 4, Southland addition from the East property Line of Alma Street to the West Property Line of Marshall Street, by raising, grading, and filling same, and paving same and installing concrete curbs with the materials and in the manners and methods stated in the said resolution, and gave the method by which it was proposed that payment be made therefor, and directing the City Eng- ineer to have plans, profiles, specifications, and estimates of the proposed improvement prepared; and, WHEREAS, the said City Engineer has prepared such plans, pro- files, specifications, and estimates and has filed same with the Board of Aldermen, and the same have been examined and inspected and corrected where necessary; I. That the said plans, profiles, specifications, and`estim ates, be and they are hereby adopted and approved as those under, by and in accordance with which the said improvements shall be made and construct- ed. II. That the City Clerk be and he is hereby directed to advertise for competitive bids for the making and constructing of the said improve- ments, in the manner and for the length of time and in the form required and provided for by the City Charter and laws in force and 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 10th day of December 1923, at 7:30 P. M. o'clock, and all bids shall be made in the form and in the manner and .accompanied by certified check and by the guarantee provided and re- quired by the said specifications. III. This resolution shall take effect from and after its passage. Passed and Approved this 26th day of November A. D. 1923 The Board of Aldermen then adjourned. Read and approved this `day of �1923. ATTEST: - Lglj��z City Ulerk r, Mayo r