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Min 07/07/1924Z 9_y Wichita Falls, Texas, Basement Morgan Bldg., July 7th, 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, Ma3or R. E. Shepherd, j N. M. Clifford, J. H. Patton, [ A l d e r m e n J. T. Young, Y P1 B. Curd, W. E. McBroom, City Clerk, W. E. George, City Attorney. The minutes of the previous meetings were read and approved. Moved by Alderman Young that the bill of Patton Mlattress Co., for one half cost of a refrigerator for the pest house amount $15.75 be allowed. Motion seconded by Alderman Shepherd and carried. Moved by Alderman Young that the bill of W. E. George, City Attorney covering expense of exchange of 6515 for 52'Io per cent refund- ing bonds amount 023.50 and his travelling expense account amount $65.42, on trip to Austin in connection with the exchange and del- ivery of said bonds be allowed. Iiotion seconded by Alderman Patton and carried. Loved by Alderman Shepherd that due to 10 year option having expired the following 5%5 bonds be called for payment as of Aggust 15, 1924. Park, dated Aug. 15, 1914, numbered, 1, 2, 3, 4, 5, 6, 7, 8, - - -- ----------------------- ------------------ - - - - -- 44,000.00 Fire Station,dated Aug,15,1914, numbered, 1,2,3,4,5,6, - 03,000.00 Motion seconded by Alderman Curd and carried. Moved by Alderman Young that the City Treasurer be authorized and instructed to buy the following described bonds at 99 and accrued interest. Street Improvement due 1955, numbered 17,18,19,20, to be cancelled; Street Improvement, due 1956, numbered, 74975,76,77978,7189 to'be cancelled; Cemetery due 1956 numbered, 1,29394959.6,798,9,10, to be cancelled and numbered 11 to 30 inclusive to be invested in Water No. 1, Sinking Fund. Cemetery due 1956 4150000.00 Street Improvement No.3,due 1955, 2,000.00 Street Improvement No.4, due 1956, 3,000.00 Total 20, 000.00 Motion seconded by Alderman Curd and carried. ��o Moved by Alderman Shepherd that E. J. Bartel be refunded :150.00 in full consideration for private sewer line constructed by him to serve Block 2, Truehart sub - division of Block 10, Bellevue Addition. Motion seconded by Alderman Patton and carried. Bids for paving Avenue G, from Monroe to Giddings were taken up and after discussion Alderman Young moved -that the contract be awarded to contractor submitting the lowest bid on brick pavement. Motion seconded by Alderman Clifford and lost-by-the following vote:- Yeas: Clifford, Young, Nayes: Shepherd, Card, Patton. be adopted. MOVED by Alderman Shepherd. that the following . Resolution lowing vote : - Motion seconded by Alderman Clifford and carried by the fol- Yens: Clifford, Young, Shepherd, Curd, Patton. Ngyes: None. R E S O L U T I O N RESOLUTION ACCEPTING BID FOR IMPROVEMENT OF A PORTION OF AVENUE "G", AND DIRECTING EXECUTION OF CONTRACT. BE IT RESOLVED BY THE CITY OF WICHITA FALLS, TEXAS,-THAT WHEREAS., the City of Wichita Falls, has heretofore ordered that Avenue "G" in said city be improved from its intersection with the Rx East Property Line of Monroe Street to its intersection with the East curb line of Giddings Street by raising, grading, filling, installing concrete curbs and gutters and paving., with necessary appurtenances, and there- after plans and specifications were duly adopted and approved for such improvements, bids were advertised for and received, and on the 9th day of June 1924, such aids were opened, and WHEREAS, the bids received have been fully canvassed and considered and the City Council after fully considering same is of the opinion that the bid -of-Plains Paving Company is the most advantageous and should be accepted; TEXAS, THAT: NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS I. The bid of Plains Paving Company for raising, grading, filling, installing concrete curbs and gutters, paving with two (2) inch Willite Process asphaltic concrete surface on five (5) inch concrete alp- - **e- -( -I}- and all necessary appurtenances on said portion of street, filed with the City, be and the same is here- by accepted. ' II. 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 improvements with the said Plains Paving Company,,and to execute such contract for and ona behalf 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 there- on the City's corporate seal. III. This resolution shall take effect and be in force from and after its passage. Passed and approved this 7th-day of July.1924. 1 i P, __. __ Moved by Alderman Clifford that the following Resolution be adopt ed. Motion seconded by Alderman Curd and carried by uhe following vote: - Yeas: Shepherd, Patton, Young, Clifford, Curd. Nayes: None. R E S O L U T I O N RESOLUTION DIRECTING THE C'ITY ENGINEER TO IMAKE AND FILE = sEPORT WITH THE BOARD OF ALDERLIEN SHOWING THE ESTIMATED COST OF. INPROVEMENP OF A PORTION OF AVENUE "G ". BE IT RESOLVED BY THE CITY OF WICHITA FA1,LS, TEXAS, THAT; WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Avenue "G" from its intersection with the East Property Line of Monroe Street to its intersection with the East Curb Line of Giddings Street, by raising, gr4dinL, and filling same and installing concrete curbs and gutters and paving with two ( 2) inch Willite process asjihaltic concrete pavement on five (5) inch concrete fsundation.,alsc -one f } }- coarse- �s�g€ a�eeel- eege�e�s- peve�egt- b ®tweeg- ear- �a��8; -ate ene- }�- ®c�- ®s- s�trecle - dig -ra��, and has caused advertisement to be made for bids for the making and constructing of said imp- rovements and bids therefor have been taken, and said Board of Aldermen is determined to make the same in the said manner and with said pavement on said foundation, as shown in specifications adopted therefor. NOW THEREFORE,- IT IS HEREBY RESOLVED BY THE CITY OF WICHITA FALLS, TEXAS, THAT I. TheCity Engineer is hereby direeged, in accordance with pro- visions of Section 108 of the City Charter, to make and file a re- port with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City, the proportion thereof to be assessed against the abut- ting property and the owners thereof, the owners of land abutting thereon and benefitted thereby, a owner thereof, the rate per front foot proposed to be assessed for curb, and the amount to be assessel in each case for curb, the rate per front foot of property proposed to be assessed for improvements other than curb, the total amount proposed to be assessed against each lot or parcel of land and the owner thereof, and such report may show other matters of things and shall show the estimated amounts of damages, if any to each piece or parcel of property, and the owner thereof, which will be sustain. ned by reason of said improvements. Such report shall in all respect ets comply with the pprevisions of the City Charter and with Chapter 11, Title 22 of the Revised Civil Statutes of the State of Texas of 1911, and in all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said portion of said Street. II. This resolution shall take effect from and after its passage. Passed and approved this the 7th day of July 1924. The City Engineer submitted the following Report. Hon. Mayor and Board of Aldermen, Wichita Falls, Texas. Gentl�Men: - I hand you herewith report and estimate of the cost of imp- roving Avenue "G" from its intersection with the East Property Line of Monroe Street to its intersection with the East Curb Line of giddings Street showing the amount to be assessed against such property owners, etc., as required by the Charter and by the pro- ceedings of your Honorable Body. GG/ As is shown on this report the estimated total cost of the improvement will be -2-Z . The estimated amount payable by the City for this imp- rovement will be -2--� z d . The estimated amount palrable by the owners of the abut - tine -property will be 4-2-2 16071 The estimated amount proposed to be assessed against the abutting property and the owners thereof for curb will be o.Sa per front f oot. The estimated amount proposed to be assessed against the abutting property-and the owners thereof for improvements other than curb will be z.s�er front foot. The total estimated amount proposed to be assessed against the abutting property and the owners thereof will be $ 4, 21,Y2 S -'per front fe• foot. The estimated damage is nothing in any ease. The estimate and report is based upon concrete curbs and gutters two (2) inch Willite Process Asphaltic Conerete surface on five 5) inch concrete foundation, ease- eu�se- ve4��ersed- ee�cve�e pa- veme*i$- *etwees a #rsQ # -s$�- $3 s ;- s��- eae -f� ;- fee # -en -sa #aide -ef -rail olk in accordance with the specifications therefor heretofore adopted by and filed with your Honorable Body. Respectfully submitted, F. M. Rugeley, City Eng. Wichita Falls, Texas. July 7th, 1924. be adopted. Moved by Alderman Clifford that the following Resolution lowing ,vote:- Motion seconded by Alderman Curd and carried by the fol- Yeas:'Shepherd, Patton, Young, Clifford, Curd. Nayes : None. R E S O L U T I O N RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOR THE IMPROVE %'TENT OF AVENUE "G" FROM ITS INTERSECTION WITH THE EAST PROPERTY LINE OF MONROE STREET TO ITS INTERSECTION WITH THE EAST CURB LINE OF GIDDINGS STREET, FIXING A TIME AND PLACE FOR A HEARING TO PROPERTY OWNERS AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE THEREOF, AND PRESCRI18IN(F THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Avenue "G" from its intersection with the East property line of Monroe Street to its intersection with the East Curb line of Giddings Street, and has received estimates, plans and specifications from the City Engineer, and after adoption of same and after due advertisement and notice, com- petitive bids were received and it has been determined that all of the cost of constructing curbs.along said portions of said street,and not exceeding ninety per cent of the remaining cost of said improvement, as determined at the-hearing hereinafter mentioned, shall be assessed against the property abutting thereon, and against the property owners thereof and that said property is the property that will be benefited by means of said improvement; and the City Engineer has ibade *and filed with the Mayor and Board of Aldermen his report and estimate of the cost of such improvements, and the estimated amount to be assessed against each lot or parcel of property, and the owner thereof, and showing other matters and things required by law and the dity Charter and the proceedings of this Board for such reports, and same has been examined and corrected: -MOO, -a i G13 I. That a hearing will be given to the owners of property proposed to be assessed for the said improvements, being the property abutting on said portion of said Street, and to all others interested, and same bhall be given and held in the Council Chamber in the Basement of the Morgan Building in the City of Wichita Falls, at 7:30 o'clock P. M. on the 28th day of July 1924, and at with 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 was interested either in the sati property or in said improvements, or in any :Wanner or method of making and constructing same, or in the ccntract therefor, or the proceedings with reference thereto, or the benefits or damages to said property, shall be fully and fairly heard as to any of said matters and as to the amounts to be assessed against the said property and the owners thereof, and as to the benefits to their said property in enhanced value by means of said improvement, and as to damages to said proper- ty or the owners thereof, resulting from or to be sustained by rea- son of said improvements, or as to any other matter or thing in any wise incident or connected with tIze said improvement, contract, pro- ceedings or assessment therefor, or the method or manner of paying for same. I I. That any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form pro- vided and required by law and the provisions of "the City Charter. And other claims or matters may The presented either orally or in writi:ig, and at such hearing all cliis, protests and objections whatsoever will be passed upon by the Board, and said hearing may be continued from time to time until all desiring to be heard shall have been fully heard, and after all have been fully and fairly heard the said hearing will be closed, and at said hearing and from the facts before it the Board of Aldermen will determine the amounts to be assessed against each lot or parcel -of property and against the otimer thereof, and will determine the lots or parcels benefited by means of said improvement's,'and will determine the amount of damages, if any, to each such lot or parcel of property and the owner thereof, the enhanced value of each lot or parcel of property by means of said improvements, and will correct any errors, mis #akes, invalidities in ary proposed assessment, and in any proceedings with reference to the making or construction of said improvements, or the levying of assessments therefor, and will thereafter, by ordinance, levy and make- assessments against each such piece or parcel of prop- erty and against�tne 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, and such assessments, when levied, shall be a first and prior lien. After such hearing is closed anyone desiring to appeal there- from shall prosecute an appeal in any Court having jarisdiction with- in twenty (20) days from the date of such hearing is closed and final assessment is levied, and not thereafter, and all persons, firms, co- rporations, estates and other parties shall, after the expiration of the twenty days-from the levying of such assessment, be forever barred and estopped in any manner doubting or resisting same or asserting any error, irregularity, 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 off- icial newspaper-of the City, which notice shall be in substantially the following form, to -wit : - "TO THE 014JNERS OF PROPERTY ABUTTING ON AVENUE "G ", BETWEEN E. P. L. MONROE STREET A111) E. uURB LINE OF GIDDINGS STREET AND TO ALL OTHERS INTERESTED ". Notice is hereby given of the intention of the City to pro- ceed with the improvement of Ave me "G" from its intersection with the East property line of Monroe Street to its intersection with the East curb line of Giddings -Street by raising, grading -and filling same and installing concrete curbs and gutters where adequate curbs and gutters are not now installed, and paving with two (2) inch (ViP) asphaltic - concrete pavement -on five (5) inch concrete foundation a3eQ ogre -43- - eea�ae -�re�i f eeel -eeae a}�s�re - *eee- ear- aael -one and assessing a portion of the cost of making -and constructing such improvements against all lots and parcels of property abutting-on said portion of said street and all lots and parcels of property benefited by means of such improvements and the owners of such lots or parcels of property; and such a-ssessments,when levied, shall be a first =-,nd prior lien upon, the lots and parcels of property assessed, and a personal claim and charge against the owners thereof. On the 28th day of July 1924, in the Council Chamber in the Morgan Building in the City of Wichita malls, Texas, at 7 :30 o'clock P. ,. , all s- ch owners and their agents or attorneys, or any other persons or parties desiring to be heard, will be fairly heard by the Board of Aldermen and any protests, objections or claims will be fully and fairly heard. The benefits and damages resulting from said improvements will be determined and the amounts to be assessed against each lot or parcel of property and the owners thereof, are on file in the office of the City Clerk and are open to inspection. The estimated cost of said improvement is 2 0 ov : Z The estimated amount to be assessed against the prop- erty owners is The estimated amount to be assessed for curb is 9- 0. ,J-7) per lineal of foot of-curb; and, The estimated amount of the assessment against property owners and their property for pavement and excavation is J"— per gsiu front foot. ALL PERSONS, firms, corporations or estates, their agents or-attorneys, desiring to be heard in any matter or thing in any wise connected with said improvements the assessment therefor the benefits thereof, the damages resulting therefrom, or the proceedings connected therewith, §hall be and appear before said board at said time and place. Done in Accordance with resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the 7th day of July 1924; W. E. McBroom, City Clerk. And said notice shall be published in said newspaper not less than three times, and the first of said publications shall appear not less than ten days prior to the date set for said hearing not counting the day of hearing, and the City Clerk shall cause to be mailed to each ovaner whose name appears on said report of the City Engineer -a registered letter containing a copy of said notice, such letter to be deposited in the Post Office at Wichita Falls, 'Texas, but such notice by letter shall be cumulative of the notice by adver- tisement, 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 7th da-/ of July 1924. Bids for paving Filmore Street from Avenue I. to Avenue K. were opened and considered. Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by alderman Patton and carried by the following vote: - Yeas: Shepherd, Patton, Young, Clifford, Curd. Nayes: None. R E S O L U T I O N RESOLUTION ACCEPTING BID FOR IMPROVEMENT "OF A PORTION OF FILI.10RE STREET AND DIRECTING EXECUTION OF CONTRACT. BE IT RESOLVED BY THE CITY OF WICHITA FALLS, TEXAS, THAT WHEREAS, the City of Wichita Falls, has heretofore order- ed that Filmore Street in said city be improved from its intersection with the North property Line of Avenue "I" to its intersection with the North property line of Avenue "K" by raising, grading, filling, in- stalling concrete curbs and gutters and paving, with necessary appurte- nances, and thereafter plans and specifications were duly adopted and approved for such improvements, bids were advertised for and received, and on the 7th day of July, 1924,.such bids were opened, and WHEREAS, the bids received have been fully canvassed and considered and the City Council after fully considering same is of the opinion that the bid of Plains Paving Company is the most advantageous and should be accepted. ,%WOO G,GS NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WICHITA FALLS; F TEXAS, THAT: I. The bid of Plains Paving Company for raising, grading, fill- ing, installing concrete curbs and gutters paving with two (2) inch Willite Process asphaltic concrete surface on five (5) inch concrete foundation and all necessary appurtenances on said portion of street filed with the City, be and the same is hereby accepted. II. 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 imp_ovements with the said Plains Paving Company, and to execute such contract for and on behalf of and in the name of the City and the City Clerk is hereby 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 7th day of July, A. D. 1924. #00 # # # # #ii ### # ## # ### # # # # # ## Moved by Alderman Clifford that the following Resolution be adopted. Motion seconded by Alderman Patton and carried by the fol- lowing vote:- Yeas: Shepherd, Patton, Young, Clifford, Curd. Na. es: None. R E S O L U T I O N RESOLUTION DIRECTING THE CITY ENGINEER TO 11AKE AND FILE REPORT WITH THE BOARD OF ALDER::IEN SHOoo'ING THE ESTIT&TED COST OF IMPROVE1.1ENT OF FILMORE STREET. BE IT RESOLVED BY THE CITY OF WICHITA FALLS, TEXAS, THAT WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Filmore Street from its intersection with the North Property Line of Avenue "I" to its intersection with the North Property Line of Avenue "K" by raising, grading and filling same and installing concrete curbs and gutters, and paving with 2" Willite Process asphaltic concrete pavement on five (5) inch concrete foundation, and has caused advertisement to be made for bids for the making and constructing of said improvements and bids therefor have been taken, and said Board of Aldermen is determined to make the same in the said manner and with said 2 inch willite process asphaltic concrete pavement on five (5) inch concrete foundation, as shown in specifications adopted therefor. NOW THEREFORE, IT IS HEREBY RESOLVED BY T''E CITY OF WICHITA FALLS, TEXAS, THAT I. The City Engineer is hereby directed, in accordance with provisions of Section 108 of the City Charter, to make and file a report with the Board of Aldermen showing thereon the estimated cost of the proposed improvements, the proportion thereof to be paid by the City, the proportion thereof-to be assessed against the abut- ting property and the owners thereof, the owners of land abutting thereon and benefitted thereby , a owner thereof, the rate per front 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 proposed to be assessed for improvements other tha curb, the total amount proposed to be assessed against each lot or parcel of land and the owner thereof, and such report may show other matters of things and shall show the estimated amounts of damages, if any, to each piece or parcel of property, and the owner thereof, which will be sustained by reason of said improvements. Such report shall in all respects comply with the provisions of the City Charter and with Chapter 11, Title 22 of the Revised Civil Statutes of the State of Texas of 1911, . r- i � L 1, and in all respects comply with the resolutions and other proceedings of this Board with reference to the proposed improvement of said por- I1 tion of said Street. `Iwo sage. IT. This Resolution shall take effect from and after its pas- Passed and approved this 7th day of July 1924. The City Engdn.eer submitted the following report. Hon. Mayor & Board of Aldermen, Wichita Falls, Texas. Gentlemen:- I, hand you herewith report and estimateof the cost of improving Filmore Street from its intersection with the North Property Line of Avenue "I" to its intersection-with the North Property Line of Avenue "K" showing the amount to be assessed against such property own- ers, etc., as required by the Charter and by the proceedings of your Honorable Body. As is shown on this re ort the estimated total cost of the improvement will be / x.16. • The estimated amount payable by the City for this imp- rovement will be / X311-L' The estimated amount payable by the owners of the abut- ting property will be i/` -z-r3, e-y,' ; The estimated amount proposed to be assessed against the abutting property and the owners thereof for curb will be o,s� per front foot. The estimated amount proposed to be assessed against the abutting property and the owners thereof for improvements other than curb will be G, -sr-Z5314 per front foot. The totd - .estimated amount proposed to be assessed aginst the abutting property and the owners thereof will be -� ,03Z X per front foot. The estimated damage is nothing in any case. This estimate and report is based upon concrete curbs and gutters and two (2) inch Willite Process asphaltic concrete pave- ment on five (5) inch concrete foundation, all in accordance with the speci-iications therefor heretofore adopted by and filed with your Hon- orable Body. Respectfallit submitted, Wichita Falls, Texas, F. M. Rugeley, City Engineer July 7th, 1924. Moved by Alderman Clifford that the following ?resolution be adopted. Motion seconded by Alderman Patton and carried by the fol- lowing vote:- Yeas: Shepherd, Patton, Yo:ing, Clifford, Curd. Nayes: None. ✓ LG" R E S O L U T I O N RESOLUTION APPROVING THE REPORT AND ESTIMATE OF THE CITY ENGINEER AS TO THE COST AND ASSESSMENTS FOR THE I12ROVE MENT OF FILMORE STREET FROM ITS INTERSECTION vlITH THE NORTH PROPERTY LINE OF AVENUE "I" TO ITS INTERSECTION 7ITH THE NORTH PROPERTY LINE OF AVENUE "K" FIXING A TI Z AND PLACE FOR A HEARING TO 2ROPERTY OWNERS AND OTHERS INTERESTED AND DIRECTING THE CITY CLERK TO 111rIVE NOTICE TIEREOF, AND PRESCRIBING THE FORM OF SUCH NOTICE. BE IT RESOLVED BY THE BOARD OF ALDERIM7 OF THE CITY OF WICHITA FALLS, TEXAS, THAT, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered the improvement of Filmore Street from its intersection with the North property line of Avenue "I" to its intersection with the North property line of Avenue "K", and has re- ceived 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 the cost of constructing curbs along said portions of said street and not exceeding ninety per cent of the remaining cost of said im- provement, as determined at the hearing-hereinafter mentioned, shall be assessed against the property abutting thereon, and against the property owners thereof, and that said property is the property that ,..ill be benefited by means of said improvement; and the City Engineer has made and filed with the Ylayor and Board of Aldermen his report and estimate of the cost of such impro vem.ents.and the estimated amount to be assessed against each lot or parcel of property, and the ov,'ners thereof, and showing other matters and things required by law and the City Charter and.the proceedings of this board for such reports, and same has been examined and corrected: I. That a hearing will be given to the owners of property pro- posed to be assessed for the said improvements, being the property abutting on said portion of said Street, and to all lathers interested and same shall be given and held in the Council Chamber in the base - ment of the Morgan Building in the City of Wichita Falls at 7 :30 o'clock P. ti. on the 28th day of July 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 way interested either in the said property or in said improvements, or in ariy manner or method of making.and constructing same, or in the contract there- for, or the proceedings with reference thereto, or the benefits or damages to said pr o)erty, shall be fully and fairly heard as to any of said matters and as to the amounts to be assessed against the said property and the owners thereof, and as to the benefits to their said property in enhanced value by means of said improvement, and as to damages to said property or the owners thereof, resulting from or to be sustained by reason of said improvements, or as to any other matter or thing in any wise incident or connected with the said imp- rovement, contract, proceedings or assessment therefor, or the me- thod or manner of paying for same. II. THAT any claim for damages shall be made in writing and shall set forth the matters and things in the manner and form provided and required 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 shall have been fully heard, and after all have been fully and fairly heard the said hear- ing will be closed, and at said hearing and from the facts before 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 improvements, and will determine the amount of damages, if any, to ` each such lot or parcel of property and the owner thereof, the en- hanced value of each lot or parcel of property by means of said im- provements, and will correct any errors, mistakes, invalidities in any proposed assessment, and in any proceedings with reference to the making or construction of said improvements, or the levying of ass- essments therefor, and will thereafter, by ordinance, levy and make 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, and such assessments, when levied shall be a first and prior lien. After such hearing is closed anyone desiring to appeal therefrom shall prosecute an appeal in any Court having jurisdiction within twenty (20) days from the date of such hearing is closed and final assessment is levied, and not thereafter, and all persons, firms, corporations, estates and other parties shall, after the expiration of the twenty days from the levying of such assessment, be forever bar- red and estoppel in any manner doubting or resisting same or asserting any error, irregularity, 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 newspaper of the gity, which notice shall be in substantially the following form, to -wit: "TO THE OWNERS OF PROPERTY ABUTTING ON FILMORE STREET BETWEEN N. P. L. AVENUE "I" AND N. ?. L. AVENijE "K" A13D TO ALL OTHERS INTERESTED ". Notice is hereby given of the intention of the City to proceed with the improvement of Filmore Street from its intersection. with the North Prpperty Line of Avenue "I" to its intersection with the North Property Line of Avenue "K" by raising, grading and filling same and installing concrete curbs and gutters where adequate curbs and gutters are not now installed, and paving with 2 " Willite Process asphaltic concrete pavement on 5 inch concrete foundation, and assessing a portion of the cost of making and constructing such improvements against all lots and parcels of property abutting'on said portion of said street and all lots and parcels of property benefited by means of such improvements and the owners of such lots or parcels of property; and such assessments, when levied, shall be a first and prior lien upon the lots and parcels of property assessed, and a personal claim and charge against the owners thereof. On the 28th day of July 1924, in the Council Chamber in the Morgan Building in the City of Wichita Falls, Texas at 7 130 o'clock, P. M. all such owners and their agents or attorneys, or any other person or parties desiring to be heard, will be fairly heard by the board of Alderman and any protests, objections or claims will be fully and fairly heard. The benefits and damages resulting from said improvements.will be determined and the amounts to be assessed against each lot or parcel of property and the owners thereof, are on file in the office of the City Clerk and are open to inspection. The estimated cost of said improvement is The estimated amount to be assessed against the property owners is The estimated amount to be assessed for curb is per lineal foot of curb; and The estimated amount of the assessment against property owners and tneir property for pavement and exaavation is per front foot. All-persons, firms, corporations or estates, their agents or attorneys, desiring to be heard in any matter or thing in any wise connected with said improvements, the assess.ent therefor the benefits thereof, the damages resulting therefrom, 'or the proceedings connected therewith, shall be and appear before said Board at said time and plaze. Done in accordance with Resolution of the Board of Alder- men of the City of Wichita Falls, Texas, on the 7th day of Jyly 1924. W. E. McBroom,City Clerk, And said notice shall be published in said newspaper not less than three times, and the first f said publications shall appear not less than ten days prior to the date set for-$aid hearing, not counting the day of hearing, and the City Clerk shall cause to be mailed to each owner whose name appears on s &id report of the City Eng- ineer, a registered letter containing a copy of said notice, such letter to be deposited in the Post Office at Wtahita Falls, Texas, but such notice by letter shall be cumulative of the notice by advertisement and such notice by advertisement shall be sufficient whether or not any other notice be given and whether or not such notice by letter be received or sent. Passed-and approved this the 7th day of July 1924. .s Moved by Alderman Young that the bill of the Wichita Falls, Electric Company covering Whiteway light service for June, Amount X1075.40 be allowed out of the General Fund. Motion seconded by Alderman Patton and carried. The hearing to property owners with reference to paving Austin Street from 7th to 8th was called and as no protests were heard tRe following motion was put in order. Loved by Alderman Shepherd that -the following resolution be adopted. Motion seconded by Alderman Curd and carried by the fol- lowing vote: I Yeas: Shepherd, Patton, Young, Curd, Clifford. Nayes: None. RE SOT, UT ION RESOLUTION CLOSING HEARING TO PROPERTY OWNERS ZI) OTHERS INTERESTED IN DEPROVEMENT OF AUSTIN STRI',ET FROM THE SOUTH PROPERTY LINE,OF SEVENTH STREET TO THE NORTH PROPERTY LINE OF EIGHTH STREET AND DETERTINING AMOUNTS OF ASSESSMENTS AGAINST ABUTTING LOTS; PARCELS OF PROPERTY AND THE OWNERS THEREOF. BE IT RESOLVED BY THE BOARD OF ALDER.LIEN OF THE CITY OF ! ICHITA FALLS, THAT: WHEREAS, the Board of Aldermen of the City of Wichita Falls has heretofore ordered the following portion of Street in said City improved by raising, Trading and filling same and installing con- crete curls and paving withone course reinforced concrete pavement to -wit: all the unpaved portion of Austin Street from the South property line of Seventh Street to the North Property dine of Eighth Street. WHEREAS, by resolution of the Board of Aldermen adopted on the 16th day of June 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 Morgan Building- at 7:30 P. I:fT. on the 7th day of July 1924 and that notice thereof be given; and, a'l1HEREAS, 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; There were no protests. 1. That all protests and objections, whethertherein specifically mentioned or not, be and they are hereby over - ruled. 2. That the board of Aldermen finds from the evidence before it that no property will be damaged by means of or as a result of any of the said improvements. 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 16th day of dune 1924, and examined and approped by the board, and that such produces and effects substantial equality and ijustice between the various lots and parcels of land shown and affected thereby and the respective owners thereof and the Board further finds from the evidence that each parcel,or lot of land abut- ting on said portion of Austin Street will be ben efitted in enhanced value by means of such improvements on said portion of Austin Street in an amount in excess of the portion of costs to be assessed agaihst 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 property, and against the owners thereof, and the City Attorney is hereby directed to prepare form of Ordinance, levying such assessments in accordance with the (;harLer and Laws in force in this City, and in accordance with the Ordinances, resolutions and other proceedings app- licable thereto. 5. That said hearing be and is hereby closed as to all par- ties and as to all said improvements. passage. 6. 'That this resolution take effect from and after its Passed and approved this 7th day of July 1924.• ORDINANCE NO. 530 ORDINANCE LEVYING ASSESSI.I &1T H'OR PART OF THE COST OF iLIP- POVING A PORTION OF AUSTIN STREET 1N THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPS - =:TY AND THE OWNERS THERE- OF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSIMTTS, AND FOR THE ISSU- ANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Shepherd that Ordinance 530 be passed on its first-'reading. Motion seconded by Alderman Curd and carried by the fol- lowing vote: - Yeas: Shepherd, Patton, Young, Clifford, Curd. Nayes: None. MOVED by Alderman Shepherd that the rules requiring ordi- nances to be passed on.three separate days be suspended and an emergency declared. Motion seconded by Alderman Young and carried.. - ORDINANCE NO. 530 ORDINANCE LEVYING ASSES SI SENT FOR PART OF THE COST OF IMP - ROVING A PORTION OF AUSTIN STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGA121ST ABUTTING PROPERTY AND THE OWNERS THERE- OF, PROVIDING FOR THE COLLECTION OF SUCH ASSESS1,4ENTS9 :'.ND FOR THE ISS- UANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Moved by Alderman Shepherd that Ordinance 530 be passed on its second reading. Motion seconded by Alderman Young and carried by the following vote: - Yeas: Shepherd, Patton, Clifford, Young, Curd. Mayes: None. ORDINANCE NO. 530 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMP- ROVING A PORTION OF AUSTIN STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREoll PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN FJJERGENCY. Moved by Alderman Clifford that Ordinance 530 be passed on its third and final reading. Motion seconded by Alderman Shepherd and carried by -the following vote:- Yeast Shepherd, Patton, Young, Clifford, Curd. Nayes: None. 0 Moved by Alderman Shepherd that the City la1erk be instructed to advertise for competitive bids for a depository for funds for one year and printing of legal matter for one year. Said bids to be open - ed on July 14, 1924 at 7:30 P. %A. Motion seconded by Alderman Young and carried. ORDINANCE 528 AN ORDINANCE FOR THE PROTECTION OF FISH IN LAKE WICHITA. AND PROVIDING THE CONDITIONS UPON WHICH FISH MAY BE TAKEN FROM THE *WATERS OF LAKE WICHITA AND PROVIDING A PENALTY: AND CREATING AN EMERGENCY. dove_ by Alderman Shepherd that Ordinance 528 be passed on its it and final reading. Lotion seconded by Alderman Clifford and carried by-the following vote : - Yeas: S�epherd, Clifford, Patton, Young, Curd. Nayes: one. ORDINANCE NO. 529 ORDINANCE LEVYING ASSESSITENT FOR A PART OF THE COST OF I12ROVING A PORTION OF FILMORE STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROP- ERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. Moved by Alderman Clifford that Ordinance 529 be passed on its second reading. Motion seconded by Alderman Shepherd and carried by the following vote: Yeas: Shepherd, Clifford, Patton, Young, Curd. Nayes; None. Moved by Alderman Shepherd that the resolutions passed on June 23rd with reference to the improvement of the east side of Adams Street from the S. P. L. of 7th Street to the N. P. L of 8th Street be readopted and the City Clerk be authorized and instructed to readvvrtise for bids for the making and construct- ing of said improvements. Motion seconded by Alderman Clifford and carried by the following vote:- Yeas: Shepherd, Patton, Young, Clifford, Curd. Nayes: None. Moved by Alderman Shepherd that the following '.1'ater exten- sion be made by the Water Department. Motion seconded by Alderman Curd and carried. Home St. from Flood to Tulsa and on Tulsa from Homes to redwood- 6 "30 ft of 2 inch pipe. 0220.50 connects 5 houses. 1 fire plug corner of Ave T & Grant St. 125.00 —51 �� �J �b' Moved by Alderman Shepherd that Commissioner Patton be authorized to furnish Mr. Ardis with 150 ft of 4" sewer pipe to bring the sewer line up to his property line at 1512 Holliday Street. Motion seconded by Alderman Curd and carried. Moved by Alderman Curd that Park Commissioner Patton be authorized to buy a mower sharpener at an approximate cost of $200.00. Motion seconded by Alderman Clifford and carried. Moved by Alderman Clifford that the meeting be adjourned until 7:30 P. M. duly 10th, 1924. Potion seconded by Alderman Shepherd and carried. The Board of Aldermen then adjourned.l�� 7 :�i Read and approved this day of July A. D. 1924. May or ATTEST: - City Clerk. r J