Loading...
Ord 006-84 1/17/1984 r ` ORDINANCE NO. ‘A AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND STREETS AND PUBLIC PLACES DESIGNATED AS THE 1983 CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTION PROJECT 83-1 IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FORBEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Wichita Falls, Texas has heretofore ordered that the hereinafter described portion of streets, avenues and public places in the City of Wichita Falls, Texas, be improved by raising, grading and filling same and by constructing thereon the following to wit: Hot mix asphaltic concrete surface and stabilized base. The above, together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, and other necessary in- cidentals and appurtenances; all of said improvements to be constructed as and where shown on the plans and in strict accordance with the plans and specifications therefore; and, Notice for bids having been advertised, the lowest responsible bid for the construction of the 1983 Capital Improvements Program Street Construction Project 83-1 in the amount of $216,488.20 submitted by Zack Burkett Company, Wichita Falls, Texas. WHEREAS, the cost of curbs and gutters and pavement are assessable against abutting properties and the owners thereof under the assessment paving program of the City of Wichita Falls; and, WHEREAS, the City Council of the City of Wichita Falls, Texas has caused the City Engineer to prepare and file estimates of the cost of such improvements and estimates of the amount per foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been examined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. Such estimates be, and they are hereby, adopted and approved. II. The bid of Zack Burkett Company, Wichita Falls, Texas, is hereby accepted, the contract is awarded to such contractor, and the City Manager is authorized to execute such contract for the City of Wichita Falls. III. It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described, with the amount or amounts per foot proposed to be assessed for improvements against abutting property and the owners thereof, are as follows, to wit: HARLAN AVENUE: Fram the north property line of the Old Iowa Park Highway to the south property line of Maurine Street. CRESCENT From the east property line of STREET: City View Drive to the west boundary of Sunset Terrace Addition, Section One. The estimated cost of improvement is $216,488.20. The separately estimated amounts per foot to be assessed against abutting property and the owners thereof for front and side improvements rate for curb and gutter and sidewalk is: $5.50 per lineal foot for curb and gutter and $7.00 per lineal foot for sidewalk. 1 . IV. A h-aring to be given and held by and before the City Council of the City of Wichita Falls, Texas to all owning or claiming any property abutting upon said portions of streets, avenues, and public places, as well as to all owning or claiming any interest in any property. Such hearing shall be given and held on the 21st day of February ,19 84 8:30 A.M. in the Council Chambers of the City of Wichita Falls, Texas and the City Clerk is hereby directed to give notice of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act passed at the First called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, now being shown as Article 1105b of Vernon's Texas Civil Statutes. Such notice shall be by advertisement at least three times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least 21 days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and provisions of said Act. The City Clerk is further directed to give personal notice of the time and place of such hearing to all owning or claiming any property abutting on said portions of streets, avenues and public places, as well as to all own- ing or claiming any interest in any such property. Such personal notice shall be given by the City Clerk mailing said notice postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties, to the last known address of said owner or persons. It shall not be necessary for the City Clerk to mail said notice to any owner or other person claiming an interest in the property to be assessed when the address of such owner or other person claiming an interest in the prop- erty to be assessed is unknown to the City Clerk and cannot be determined by the City Clerk after reasonable investigation. In this connection, the City Clerk shall prepare and file with these proceedings a list of the properties to be assessed, names of those persons owning or claiming any interest in said prop- erties to wham the notice was mailed, together with the last known address of the respective owners and those persons owning or claiming any interest in said property. The City Clerk shall certify that each of the parties named in said list whose address was known to him, was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Clerk will be conclusive evidence of the facts therein recited. Failure of the City Clerk to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to receive said notice, shall in no wise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, valid and binding upon all owning, or claiming such abutting property or any interest therein when same shall have been given by newspaper advertisement as first hereinabove provided. T . V. The City Clerk is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the ppropriate Ordinance Records of this City. VI. The fact that the making and constructing of the said improvement is being delayed pending the taking effect of this ordinance, and that the conditions of such portions of streets and avenues endangers public health and safety, constitutes and creates an urgent public necessity, requiring that this ord- inance be passed as an emergency measure, and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED THIS THE 17th DAY OF January 19 84 Ape Oer MAYOR ArIEST: • A. City Clerk N O T I C E TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTION OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS AND TO ALL OWNING OR CLAIMING ANY INTEREST IN SUCH PROPERTY. The City Council of the City of Wichita Falls, Texas has heretofore ordered that the hereinafter described portions of streets, avenues, and public places in the City of Wichita Falls, Texas, be improved by raising, gr grading and filling same and by further constructing thereon the improvements here- inafter specified to-wit: Hot mix asphaltic concrete surface and stabilized base. The above together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers, drains and other necessary incidentals and appurtenances; all of said improve- ments to be constructed as and where shown on the plans and specifications therefore. Estimates of the cost of such improvements for each portion of street, avenue and public place have been prepared and approved. It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described, with the amount or amounts per foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit: HARLAN AVENUE: From the north property line of the Old Iowa Park Highway to the south property line of Maurine Street. CRESCENT From the east property line of STREET: City View Drive to the west boundary of Sunset Terrace Addition, Section One. A hearing will be given and held by and before the governing body of the City of Wichita Falls, Texas, on the 21st day of February 19 84 8:30 A.M. in the Council Roam of the Memorial Auditorium Building, 1300 Seventh Street in the City of Wichita Falls, Texas, for all owning or claiming any property abutting upon said portions of streets, avenues and public places and to all owning or claiming any interest in such property. At said time and place, all owning or claiming any such property, or any interest therein, shall be and appear will be fully heard concerning said improvements, the cost thereof, the amounts to be assessed therefore, the benefits to the respective parcels of abutt- ing property by means of the improvements on the portions of streets, avenues, and public places upon which the property abuts, and concerning the regularity, valid- ity, and sufficiency of the contract for and all proceedings relating to such improvements and proposed assessments therefore, and concerning any matter as to which they are entitled to hearing under the law in force in the City and under the proceedings of the City with reference to said matters. Following such hear- ing, assessments will be levied against abutting property and the owners thereof, and such assessments when levied, shall be a personal libility of the owners of such property, and a first and prior lien upon the property as provided by the law in force in the City and under which the proceedings are taken, being an act of the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Sessions, together with any and all amendments thereto, said Act now being known as Article 1105b of Vernon's Texas Civil Statutes, which has been made a part of the Charter of the City of Wichita Falls, Texas. Of all said matters and things, all owning or claiming to own any such property or any interest therein, as well as all others in anywise interestered or affected will take notice. Done by order of the City Council of the City of Wichita Falls, Texas, the 17th day of January 19 84 i City C erk w r Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) ORDINANCE NO. 5-84 On this 8 day of February ORDINANCE AMENDING ORDINANCE NO.140.83,SEC- TION 2-178 TO CHANGE THE D 1984 NUMBER NECESSARY TO personally appeared before me,the undersigned authority CONSTITUTE A QUORUM FOR YOUTH ACTIVITIES Toni Belvedere ADVISORY COUNCIL MEET- bookkeeper INGS FROM SIX TO FIVE. ORDINANCE NO. 6.84 AN ORDINANCE APPROV- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ING AND ADOPTING ESTI- MATES OF THE COST OF CONSTRUCTION OF IM- Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and P R O V E M E N T S A N D STREETS ANN PUBLIC P LACES DESIGNATED AS upon being duly sworn by n bein dul rn b me,on oath states that the attached,advertisement is a true PLACES THE 1983 CAPITAL IM- ) PROVEMENTS PROGRAMS and correct copy of advertising published in OnA(l issues STREET CONSTRUCTION 83-i 1 IN THE CITY OF WICHITA FALLS, TEXAS; FIXING thereof on the following dates: TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY Feb, g AND TO ALL OTHERS IN- TERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EIRGENCY. Bookkeeper fo Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above written. (SEAL) 6d6.4-441--) a ROY L. REAVES Notary Public,State of Texas My Commission Expires Nov.30,19 S.S.446-42-2662