Min 04/28/1924M
Wichita Falls, Texas,
Basement Morgan Building,
April 28th 1924.
The Board of Aldermen of the City of Wichita Falls, met
in regular session on the above date with the following present:-
Frank Collier, Mayor. --
n. E. Shepherd
N. M. Clifford
P. B. Curd A l d e r m e n
J. H. Patton Y
J. T. Young r
Paul Barnett, City Clerk, Pro -tem.
W. E. George, City Attorney.
Moved by Alderman Shepherd that PaWl Barnett serve as City
Clerk, Pro -tem, till such time as W. E. 11cBroom,City Clerk, be able
to resume his duties.
11,20tion seconded by Alderman Young and carried.
Moved by Alderman Patton that the following resolution be
adopted.
lJotion seconded by Alderman Young and carried by the foll-
owing vote:-
Yeas: S iepherd, Patton, Young, Clifford, Curd.
Naye s : None.
R E S 0 L U T I O N
RESOLUTION CLOSING HEARING TO PROPERTY C!VJNERS AND OTHERS
INTERESTED IN IT,1PTOVEP:F_iTT OF TYLER STREET FROT:T SOUTH PROPERTY LINE
OF 9TH STREET TO SOUTH CU; -.B LINE OF 11TH STREET, AND DETERT.iINING
AMOUNTS OF ASSES S'; AGAINST ABUT',,'ING LOTS, 'ARCI{LS OF PROPERTY
AND THE OWNERS TH ERE OF .
BE IT iESOLVED BY THE BOARD OF AIDE -:LIEN OF THE CITY OF
WICHITA FALLS: TH tiT,
WHEREAS, the Board of Aldermen of the City of dichita Falls
has heretofore ordered the following portion of Tyler Street in said
City improved by raising, grading, and filling same and installing
concrete curbs and paving with one course reinforced pavement to -wit:
all the unpavedportion of Tyler Street from South Property Lire; of
9th Street to south curb line of 11th Street.
WHEREAS, by resolution of the 3oard of Aldermen adopted on
the 7th day of April 1924, it is ordered that a hearing to all owners
of property abutting on said portion of said street, and all others
interested, be held in the Council Chamber in the `:organ Building at
7:30 P.ii,% on the 26th day of April,1924, and that notice thereof be
given; and,
WHEREAS, due notice of the time and place of such hearing
was given and such hearing held, and all parties,their agents and
attorneys, and all others desiring to be heard, have been fully and
fairly heard, and at such hearing the following protests were made.
S. Heyser, J. Le N. i;larantz, Hal.Shirey, Scott Patton,
Harvey Harris and Hammon, protesting against the cost of such improve-
ments and that this is an inopportune time therefor:
I.
That all protests and objections, whether therein specifica-
lly mentioned or not be and they are hereby over ruled except those
listed above, which protests and obdecti ons, it being shown that the
improvements would not ehhanc a the value of the property 6o the ex-
tent of their cost, are hereby allowed,and the section of Tyler Street
between the South property Jine of Ninth Street and the North Property
Line of Tenth Street is hereby ordered eliminated from the section of
street which has heretofore been ordered improved.
2.
v That the Board of Aldermen finds from the evidence before it
that no property will be damaf ed by means of or ax a result of any of
the said improvements.
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3.
The Board further finds from the evidence before it that the
proper rule of apportionment of the cost of such improvement is that
applied and shown on the estimates, reports, and statements of the City
Engineer filed on the 7th day i,f April 1924,and examined and approved
by the Board, and that such produces and effects substantial equality
and justice between the various lots and parcels of land shown and aff-
ected thereby and the respective owners thereof and the Board further
finds from the evidence that each parcel or lot of land abutting on said-
portion of Tyler Street will be benefitted in ennanced value by means
of such improvements on said portion of Tyler Street in an amount in
excess of the portion of costs to be assessed against same as shown on
said estimates, reports, and statements of the City Engineer.
4.
That said sums be assessed against said lots or parcels of prop-
erty, and agar st the owners thereof, and the City Attorney is hereby air-
; ected to prepare form of Ordinance, levying such assessment in accordance
with the Charter and Laws in force in this City, and in accordance with
the Ordinances, resolutions and other proceedings applicable thereto.
5.
That said hearing be and is hereby closed as to all parties
and as to all said improvements.
6.
That this resolution take effect from and after its passage.
A petition protesting against.the paving of Tyler Street, bet-
ween 9th and 10th Streets was presented to the hayor and Alderman by-
G. A. Smoot Jr.,
Moved by Alderman Patton that protest of property =1ers be acc-
epted,bid rejected and paving proceedings stopped on this Block of Tyler
Street, between 9th & 10th Streets.
i
Motion seconded by Alderman Young and carried.
A petition was presented to the Council by G. A. Smoot, Jr protes-
ting against the paving of 9th Street from Brook to Streets. Said
I petition signed by the following property owners.
Mrs. M. Oechsner,Katherine Hall, G.C.Johnson, D. B. ring,
G. A. Smoot, Jr, W. C. Brown, Mr & tars A. T. Kramer, G. E.Davis,
TIrs. Fred Litteken.
Moved by Alderman Shepherd that the pet'tiorr}} of property owners
protesting against Ninth Street, from Brook to *i; /Street paving be
accepted, and that the contract for paving be rejected and paving: proc-
eeGings be stopped. .
Motion seconded by Alderman Clifford and carried.
ORDINANCE NO. 509
ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING
A PORTION OF TYLER STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A
CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF PROVID-
ING FOR THE COLLECTION OF SUCH ASSESS1:1ENTS, AND FOR THE ISSUANCE OF ASSIGN-
ABLE CERTIFICATES. �°"`,
Moved by Alderman Young that Ordinance 509 be passed on
its first reading.
lotion seconded by Alderman Clifford and carried by the
following vote:-
Yeas: Shepherd, Patton, Young, Curd, Clifford.
Nayes: None.
Moved by Alderman Young that the following Resolution
be adopted.
Motion seconded by Alderman Shepherd and carried by the
followi nL vote:-
Yeas: Shepherd, Cliffoor4, Patton, Young , Curd.
Nayes: None.
R E S O L U T I O N
RESOLUTION iiCCEPTING BID FOR IMPP - IOVEI:S ENT uF A PORTION OF LEE STREET
AND DIEECTINu EXECUTION OF CONTRACT.
WHEREAS, the City of Wichita Falls, has heretofore ord-
ered that Lee Street from the North curb Line of Seventh Street to
the North curb Line of Second Street be improved by installing con-
crete curbs and paving with one course reinforced concrete pavement
and by raising, gradin , and filling same, together with necessary
appurtenances, and thereafter plans and specifications were duly
adopted and approved for such improvement, bids were advertised
for and received and on the 21st day of April 1924, such aids were
opened, and
'EJHE_EAS, the bids received have been fully canvassed and
considered and the City Council after duly and fully considering sam.
is of the opinion that the bid of L. E. Whitnam & Company is the most
advahtageous and should be accepted:
TEXAS:
NOW `1'H ?= FORE, BE IT = :ESOLVED BY THE CITY OF 'd I CH ITA FALLS
I.
That the Bid of L. E. Vihitham & Company for the making and
construction of the said improvements on said portion of street filed
with the City, be and 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
authorized and directed to enter into contract for such improvement
with L. E. Whitham & Company and to execute such contract for and on
be half of and in the name of the City, and the City Clerk is hereby
authorized and directed 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 28th day of April 1924.
be adopted. Moved by Alderman Young that the following Resolution
Motion seconded by Alderman Shepherd, and carried by
the following vote:-
Yeas: Shepherd, Patton, Young, Clifford, Curd.
t ?ayes : None.
I/ 9 I
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R E S O L U T I O N
RESOLUTION DIRECTING THE CITY ENGINEER TO 'i,AAKE AND FILE WITH THE
BOARD OF ALDE':',ZEN SHOWING ESTIMATED COST OF II2ROVEI1 "ENT OF LEE STREET FROM
NORTH CURB LINE OF SEVENTH S`�REET TO NORTH CURB LINE OF SECOND STREET.
BE IT RESOLVED BY THE BOARD OF ALDERI:IEN OF THE CITY OF WICHITA
FALLS, THAT:
WH_':REAS, the Board of Aldermen of the City of Wichita Falls, Texas
has heretofore ordered the improvement of Lee Street from North curb line
of Seventh Street to North Curb Line of Second Street by raising, grading,
and filling same and installing concrete curbs and pavement vjith founda-
tion, and has caused advertisements to be ade for bids 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 re- inforced concrete pavement as shown in
the specifications adopted therefor.
I.
The City Engineer is hereby directed, in accordance with prov-
isions 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 apropor-
tion 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 :mount to be
assessed in each case for curb, the rate per front foot of property pro-
posed to be assessed for excavation :or pavement, and the rate for paving
and the total amount proposed against each such lot or parcel o--" iand
and the owners thereof, and such report may show any other matter or things
and shall show the estimated amount of damages, if any, to each piece or
parcel of property, and the o�amer thereof, which will be sustained by re-
ason of said improvements. Such report shall in all respects comply with
the resolutions and other proceedings of this Board with reference to the
proposed improvement of said portion of Lee Street from North curb line
of Seventh Street to North curb line of second 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.
Gentlemen:-
I hand you herewith report and estimate of the cost of imp-
roving Lee Street from North Curb Line of Seventh Street to North
Curb Line of Second Street and showing the amount to be assessed 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 $ 3 y rj,� o y ;
The estimated amount payable by the owners-of property will
be 7:2—�
The estimated cost to property owners per lineal foot of curb
is 410 ;
The estimated amount to be assessed for excavation for pave-
ment per front foot is $' .oD
The estimated cost to be assessed against property owners
for pavement is 2 re 3</ per front foot.
The estimated cost to be assessed against property owners for
pavement, exclusive of-curb is s-o63�_�er front foot.
The estimated damages are nothing in any case.
C
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This estimate and report is based upon one Course re-
inforced concrete pavement all in accordance with the specifications
thereof heretofore tiled with this Honorable Body.
Respectfully submitted,
F. 14. Rugeley, City Engineer.
Moved by Alderman Young that the following Resolution
be adopted.
Motion seconded by Alderman Shepherd and carried by the
following vote: -
Yeas: Shepherd, Clifford, Patton, Curd, Young.
Nayes: None.
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R E S O L U T I O N
RESOLUTION APPROVING THE REPORT AND ESTII.ZATE OF THE CITY
ENGINEER AS TO COST AND ASSESSIZENT FOR THE IMPROVEIJENT OF LEE STREET
FROM NORTH CURB LINE OF SEVENTH STREET TO NORTH CURB LINE OF SECOND
STREET FIXING A TINE AND PLACE FOR A HEARING TO PROPERTY OWNERS AND
OTHERS INTERESTEDt AND DIRECTING THE CITY CLERK TO GIVE NOTICE THERE-
OF AND PRESC?IVING THE FORM OF SUCH NOTICE.
i
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICH-
ITA FALLS, TEXAS, THAT:
WHEREAS, the Board of Aldermen of the City of Wichita Falls
has heretofore ordered the improvement of Zee Street from North curb
line of Seventh Street to North Curb Line of Second Street and has
received estimates, plans, and specifications from the City Engineer
and after adoption of same and after due advertisement and notice,
competitive bids were received, and it has been determined that all
of thecost of constructing curbs along said portion of said street,
and not exceeding ninety per cent of the remaining cost of such im-
provement, as determined at the hearing hereinafter mentioned, shall
be assessed against the.property abutting thereon and against the
owners thereof, and that said property is the property that will be
benefited by means of said improvements; and the City Engineer has
made and filed with the Mayor and Board of Aldermen his report 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 showing other matters and things required by law and the City
Charter and the proceedings of this Board for such reports, and
same has been examined and corrected:
I.
That said report of the City Engineer filed on the 28th
day of April 1924, be and it is hereby adopted and approved.
II.
That a hearing shall be given to the property owners pro-
posed to be assessed 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 7 :30 P.M.
o'clock on the 19th day of April 1924, 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 constructing st:,me, or in the contract therefor, or the
proceedings with reference thereto, or the benefits or damages to
said property, shall be fully and fairly heard as to any or said
matters and as to the amounts to be assessed against the said prop-
erty and against the owners thereof, and as to the benefits to their
property in enhanced value by means of said improvement, and as to
damages to said property or the owners thereof resulting from or
to be sustained by reason of said improvement, or as to any other
matter or thing in any w=-se incident to or connected with the said
improvement, contract,proceedings or assessments thereof, or method
or manner or paying for same.
M
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t Y
R E S O L U T I O N
RESOLUTION ACCEPTING THE WORK OF REPAVING AND OTHERWISE IMPROVING
A PORTION OF INDIANA AVENUE AND AUTHORIZING THE EXECUTION AND DELIVERY OF
SPECIAL ASSESSMENT CERTIFICATES.
BE IT RESOLVED BY THE BOARD OF ALDEMIEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT
WHEREAS, the City Engineer has certified that the repaving and
otherwise improving Indiana Avenue from its intersection with the south
property line of Sixth Street to its intersection with the north property
with Tenth Street, has been completed by the Plains Paving Bompany in
accordance with the plans and specifications therefor and the said City
Engineer reco maends the acceptance of the said work by the City,
NOW TH EI�EFORE BE IT RESOLVED BY THE BOARD OF ALDERIJEN OF THE
CITY OF WICHITA FALLS, TEXAS,
THAT said paving and other improvements be and the same are
hereby accepted by the City of Wichita Fails, Texas, and the mayor be
and is hereby authorized and directed to execute Special Assessment Cer-
tificates evidencing the indebtedness of the owners-of the property ab-
utting on said portion of street, in the name of the City of Wichita
Falls,.and the City Clerk is hereby authorized and directed to attest
same and to impress thereon the Seal of the City of Wichita i'alls,lexas,
and to deliver said Special Assessment Certificates to Plains Paving
Company, as set forth in the contract, for the above named improvement,
all in accordances and resolutions heretofore adopted and passed by the
City of Wichita Falls with reference to the above described improvements.
Passed and approved this 28th day of April A. D. 1924.
ORDINANCE NO. 510
AN ORDINANCE MAKING APP OPRIATION FO.�, I'HE SUPPORT OF THE CITY
GOVERNMENT OF THE CITY OF WICHITA FALLS, TEXAS, FOR ONE YEAR BEGINNING
APRIL 1ST, 1924 AND ENDING MARCH 31ST 1925, AND DECLARING AN MERGENCY.
Moved by Alderman Young that Ordinance 510 be passed on its
first reading.
Llotion seconded by Alderman Patton and carried by the following
vote: -
Yeas: Shepherd, Patton, Young, Clifford, Curd.
Nayes: None.
Moved by Alderman Patton that the rules requiring Ordinances to
be read on three separate days be suspended and Ordinance 510 be declared
an emergency.
Notion seconded by Alderman Clifford and carried by the follow-
ing vote:-,
Yeas: Shepherd, B6tton, Young, Clifford, Curd.
Nayes: None.
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ORDINANCE N0. 510
AN ORDINANCE !:LIKING APPROPRIATION 'OF i'HE SUVDPO' T OF THE CITY
GOVERMENT OF THE CITY OF WICHITA FALLS, TEXAS, FOR ONE YEAR BENGINNING
APRIL 1ST, 1924, AND FADING MARCH 31ST 1925. AND DECLARING AN El-,IERGENCY.
Moved by Alderman Shepherd that Ordinance 510 be passed on its
second reading.
I:Zotion seconded by Alderman Young and carried by the following
vote:-
Yeas: Shepherd, Curd, Patton, Young,-Clifford.
Nayes: Done.
am_ .
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ORDINANCE NO. 510
AN ORDINANCE 11AKING APP_;OP:-,:IATION FOR THE SUPPORT OF THE
CITY OVERNItIENT 'F THE CITY OF rIICHITA FALLS TEXAS, OR ONE SEAR
BEGINNING APRIL 13T, 1924, iiND ENDING LARCH 31ST, 1925. AND DECLARING
AN EMERGENCY.
Moved by Alderman Shepherd that Ordinance 510 be passed
on its third and final re4ding.
Motion seconded by Alderman Curd and carried by the foll-
owing vote:-
Yeas: Shepherd, Patton, Young, Clifford, Curd.
Nayes: None.
The City Engineer submitt5d the following:
Hon. Mayor & City Commissioners,
Wichita Falls, Texas.
Gentlemen:-
428/24
This is to certify that the pavement on Se" enth Street
from 'Nest Property Line of Travis Street to East Curb Line of
Burnett Street, has been completed by L. E. Whitham & Company in
accordance with the _plans and specifications therefor heretofore
filed with your honorable body.
I. therefore, recommend that this pavement be accepted.
Respectfully,
F. M. Rugeley, City Engineer.
Moved by Alderman Patton that the following Resolution
be adopted.
:.lotion seconded by-Alderman Young and carried by the fol-
lowing vote : -
Yeas: Shepherd, Curd, Patton, Young, Clifford.
Naye s : None.
R E S O L U T I O N
RESOLUTION ACCEPTING THE I12ROV711ENT ON SEVENTH STREET
FROM WEST PROPERTY LINE OF TRAVIS STREET TO EAST CURB LINE BURNETT
STREET AND DIRECTING THE MAYOR AND CITY CLERK TO ISSUE CEPTIFICATES
OF SPECIAL ASSESSr.IENT LEVIED_ AGAINST THE VARIOUS ZOTS OR TRACTS OF
LAND AND THE OWNERS THEREOF ABUTTING UPON SAID PORTION OF SAID STREET.
BE IT RESOLVED BY THE BOARD OF ALDE12 —TTEN OF THE CITY OF
WICHITA FALLS,
WHEREAS, the Board of Aldermen of the City of Wichita
Falls has heretofore ordered that Seventh Street from 11lest Property
Line of Travis Street to East Curb Line Burnett Street,be improved
by raising, grading, and filling same and installing concrete curbs
and paving same and after due notice and hearing special assessments
were levied against the various lots and tracts of land_ and the o:.ners
thereof abutting upon the said portion of said street, and contract
for the making and construction of the said improvements was entered
into with L. E. Whitham and Company.
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WH =AS, the said L. E. Whitham & Company has fully performed
its said contract and the said improvements have been made and constructed
in accordance with the said contract and the specifications th erefor, and
to the entire satisfaction of this Board:
I.
That the said improvements on said portion of said street be
and the same are hereby accepted and L. E. Whitham and Company and the
sureties on its construction bond are hereby released of any further
obligation for or on account of the contract or bond for the making and
constructing of said improvements.
I I.
That this resolution does not and shall not in any wise bffect
the bond of the said company for the maintenance of the said improvements
but such maintenance bond shall and does remain in full force and effect.
III.
That the 1ilayor 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 lot 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 o� ner thereof, the terms of payment 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 proceed-
ing with reference to making such improvements have been regularly had.
in accordance with the Law, the Charter of said City, the terms of the
certificate, and that all prerequisites to the fixing of a lien and claim
of personal liability evidenced by the certificates nave been performed
and containing other appropriate and pertinent recitals, and in accord-
ance with the contract with the said company and the law in force in the
City, and the proceedings of this Board.
IV.
This resolution shall take effect from and after its passage.
P :ssed and Approved this the 28th day of April A. D. 1924-
ORDINANCE NO. 511
AN ORDINANCE TO REGULATE THE CONSTRUCTION, ALTERATION, MAINTENANCE
REPAIR AND REMOVAL OF BUILDINGS IITHIN THE CITY ,OF WICHITA FALLS, TEXAS,AND
PRESCRIBING PENALTIES FOR VIOLATIONS.
Moved by Alderman Shepherd that Ordinance 511 be passed on its
first reading.
vote:
Motion seconded by Alderman Young and carried by the following
Yeas: Shepherd, Curd, Patton, Young, Clifford.
Nayes: None.
ORDINANCE NO. 505
ORDINANCE LEVYING ASSESSI:IENT FOR PART OF THE COST OF IMPROVI''TG A
PORTION OF SEYMOUR ROAD IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A
CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVID-
ING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGN-
ABLE CERTIFICATES, AND DECLARING AN EIERGENCY.
Moved by AldermankClifford that Ordinance 505 be passed on its
third and final reading.
Motion seconded by Alderman Patton and carried by the following
vote:-
Yeas: Shepherd, Patton, Curd, Young, Clifford.
Nayes: None.
ORDINANCE NO. 503
ORDINANCE A LEND ING ORDINANCE No. 480.
Moved by Alderman Shepherd that Ordinance._.6� - be passed
on its third and final reading.
Motion seconded by Alderman Curd and carried by the foll-
owing vote:-
I
Yeas: Shepherd, Curd, Patton, Young, Clifford.
Nayes: None.
Moved by Alderm
to si6n deed conveying a
Anderson sub - division of
Ed. Peterson.
Motion seconded
louring vote:-
in Shepherd that the Mayor be authorized
strip of land 10 feet wide in Block G.
G. C. & S. F. R. R. Company s,lzrvey to
by Alderman Patton and carded by the fol-
Yeas: Shepherd, Clifford, Curd, Patton, Young.
Nayes: Ncne.
Moved by Alderman Shepherd that the City of Wichita
Falls, adopt specil"ications for Wilhite Paving.
Motion seconded by Alderman Patton and carried.
Moved by Alderman Patton that bill presented by Dave M-ay,
Chief of Detectives for $49.98, being rail -road fair and expense
to Channing, for purpose of moving prisoners, be allowed.
Motion seconded by Alderman Young and carried.
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Moved by Alderman Shepherd that the bill for ;96.00
presented by J. W. Vaughn for gravelling a portion of 5th Street
at Huff, 11cGre.or Park be granted.
Motion seconded by Alderman Patton and carried.
The Board of Aldermen then adjourned.
Read and Approved this S-`- day of 19240
C it 1 er
Mayor `
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