Ord 092-83 8/2/1983 ORDINANCE NO. 9;1-4
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES
OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND
OF AMOUNTS TO BE ASSESSED FOR PORTIONS OF AVENUES,
STREETS AND PUBLIC PLACES DESIGNATED AS THE 1982
CAPITAL IMPROVEMENTS PROGRAM STREET CONSTRUCTIONS
PROJECT 82-1 IN THE CITY OF WICHITA FALLS, TEXAS;
FIXING TIME AND PLACE FOR HEARING OF THE OWNERS
OF ABBUTTING 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
described portion of streets, avenues
heretofore ordered that the hereinafter p
b im roved by raisin
i of Wichita Falls, Texas, be raising,
places in the City y 9
and public ac y , � p
p p
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
incidentals and appurtenances; all of said improvements to be constructed as
and where shown on the plans and in strict accordance with the plans and speci-
fications therefore; and,
Notice for bids having been advertised, the lowest responsible bid for the
construction of the 1982 Capital Improvements Program Street Construction pro-
ject 82-1 in the amount of $1 ,059,130.15 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 Board of Alermen 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:
Page 2 of 11 Pages
Agenda Item No.12.c.
I.
Such estimates be, and they are hereby, adopted and approved.
II.
The bid of Zack Burkett Company in the amount of $1,059,130.15 for
the construction of the 1982 Capital Improvements Program Street Construction
Project 82-1 (of which this Northwest Drive project was a part, but with
a lesser design) having been accepted in Ordinance No. 87-82, the City
Manager is authorized to execute a change order to said contract in the
amount of $ 16,500.00 , for the construction of this new design
of this portion of Northwest Drive.
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:
NORTHWEST DRIVE: From the east property line of
Radio Lane to the west property
line of State Loop 11 Highway.
The estimated cost of improvement is $1,075,630.15. The separately
estimated amounts per foot to be assessed against abutting property and
the owners thereof for front and side improvement rate for pavement is
$3.10 per lineal foot, curb and gutter $5.82 per lineal foot,
and $7.12 per lineal foot for sidewalk.
Page 3 of 11 Pages
Agenda Item 75712.c.
IV.
A hearing 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 own-
ing or claiming any interest in any property. Such hearing shall be given and
held on the 6th day of September 19 83 at 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 Legislatature 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 publica-
tion 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 owning 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 inter-
est the properties to be assessed, and to any person owning or claiming any inter
est 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 property 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 properties to whom 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 fail-
ure 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.
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 Board of Aldermen and by
filing the complete ordinance in the appropriate Ordinance Records of this
City.
Page 4 of 11 Pages
Agenda Item No. .
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 cond-
itions of such portions of streets and avenues endangers public health and
and safety, consitutes and creates an urgent public necessity, requiring that
this ordinance be passed as an emergency measure, and this ordiance is passed
as an emergency measure and shall be in force and effect immediately from and
after its passage.
PASSED AND APPROVED THIS 2nd DAY OF August 1983
1\ackra \\Z\n,Akh(A,
MAYOR PRO TEM
ATTEST:
City Clerk
Page 5 of 11 Pages
Agenda Item No. 12.c.
NOTICE
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,
grading and filling same and by further constructing thereon the improve-
ments hereinfater 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 improvements to be constructed as and where shown on the plans and
specifications therefore.
Estimates of the cost of such improvements for each portions 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:
NORTHWEST DIRVE: From the east property line of
Radio Lane to the west property
line of State Loop 11 Highway.
Page 6 of 11 Pages
Agenda Item No. 12.c.
A hearing will be given and held by and before the governing
body of the City of Wichita Falls, Texas, on the 6th of
September , 1983 8:30 a.m. in the Council Room 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 and will be fully heard concerning said improvements,
the cost thereof, the amounts to be assessed therefore, the benefits
to the respective parcels of abutting property by means of the improve-
ments an the portions of streets, avenues, and public places upon
which the property abuts, and concerning the regularity, validity, 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
Lithe City and under the proceedings of the City with reference to said
matters. Following such hearing, assessments will be levied against
abutting property and the owners thereof, and such assessments when
levied, shall be a personal liability 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 awning or claiming to
awn any such property or any interest therein, as well as all others in
anywise interested or affected will take notice.
Done by order of the City Council of the City of Wichita Falls,
Texas, the 2nd day of August , 1983 .
City Clerk
Page 7 of 11 Ppges
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0. P Agenda Item No I2.c
RECEIVED IN
CITY CLERK'S O,.FICE
Date
Affidavit of Publication
8y.
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On this 25 day of , August
ORDINANCE NO.86-83 Q
ORDINANCE SETTING RE-
FUSE RATES ON CERTAIN A.D. •.�.�$�. personally appeared before me, the undersigned authority
PROPERTIES ABUTTING
ALLEY PAVING PROJECTS.
ORDINANCE NO. 87-83 Tani RP1 VP(IPTP . bookkeeper
ORDINANCE AMENDING
SECTION 28-6.1 OF THE
CODE OF ORDINANCES,TO for the Times Publishing Company of Wichita_ Falls, publishers of the
INCREASE THE RESI-
DENCE HOMESTEAD EX-
PEMTION OF PERSONS 65 Wichita Falls Record News, a newspaper published at Wichita Falls in
YEARS OF AGE OR OLDER.
ORDINANCE N
CLOSING, Wichita County. Texas, and upon being duly sworn by me, on oath states
AN ORDINANCE C
VACATING,AND ABANDON-
ING A TWENTY (20) FOOT that the attached.advertisement is a true and correct copy of advertising
NORTH-SOUTH ALLEY BET-
WEEN STEPHENS ADDI-
TION AND W.E.WILSON AD- published in_ - ONE(1) issues thereof on the following
DITION.
ORDINANCE NO.89-83 dates
AN ORDINANCE REOPEN-
ING A PORTION OF PLAZA
PARKWAY CLOSED BY OR- ! Aug. -25 •
DINANCE NO. 64-83.
ORDINANCE NO.90-83 •
ORDINANCE WAIVING SEC- !
TIONS 4-15,22-1 AND 22-4 OF l � �(.% ? ti✓ ��I 'J .�
THE CODE OF ORDINANCES
TO ALLOW THE SALE OF Bookkeeper for Tunes Publishing Company
BEER FOR SUMMERFEST of Wichita Falls
'83.AT LUCY PARIS ON AU-
GUST 28,1983.
ORDINANCE NO.91-83 Subscribed and sworn to before me this the day and year first above
AN ORDINANCE DETER-- :�
MINING THE NECESSITY ) written.
FOR AND ORDERING AND
PROVIDING FOR=THE IM-
//
PROVEMENT OF PORTIONS
OF AVENUES, STREETS,
AND PUBLIC PLACES IN ,4/2r1/7 /•
- THE CITY OF WICHITA _
FALLS, TEXAS, DESIG-
NATED AS THE 1982 CAPIT-
AL IMPROVEMENTS PROG-
RAM STREET CONSTRUC-
TION PROJECT 82-1, MAK-
ING PROVISIONS FOR THE
LEVYING OF ASSESSMENTS
AGAINST ABUTTING PRO-
PERTIES.
ORDINANCE NO.92-83
AN ORDINANCE APPROV-
ING AND ADOPTING ESTI-
MATES OF THE COST OF
CONSTRUCTION OF IM-
PROVEMENTS AND OF
AMOUNTS FO BE ASSESSED
FOR PORTIONS OF AV-
ENUES, STREETS, AND
PUBLIC PLACES DESIG-
NATED AS THE 1982 CAPIT- ORDINANCE NO 94-83
AL IMPROVEMENTS PROG- i ORDINANCE GRANTING
RAM STREET CONSTRUC- WAIVER OF ORDINANCE
TIONS PROJECT 82-1 IN THE NO.2834,SECTIONS 1 AND 2,
CITY OF WICHITA FALLS, TO ALLOW CONSTRUCTION
TEXAS: FIXING TIME AND OF A MEDIAN ON SOUTH-
PLACE FOR HEARING OF WEST PARKWAY FOR AN
THE OWNERS OF ABUT- ACCESS EASEMENT FROM
TING PROPERTY AND TO BARTLEY DRIVE.
ALL OTHERS INTERESTED: ORDINANCE NO. 95-83
DIRECTING THE CITY ORDINANCE WAIVING SEC-
CLERK TO GIVE NOTICE OF TION 24-8 OF THE CODE OF
SUCH HEARING: AND DEC- ORDINANCES FOR GUN
LARING AN EMERGENCY. AND KNIFE SHOWS WHICH
ORDINANCE NO.93-83 ARE SPONSORED BY THE
AN ORDINANCE REPEAL- WICHITA FALLS CHAPTER
ING SECTION 151/2-35 FEES, OF THE TEXAS WEAPON
FLOOD DAMAGE PREVEN- COLLECTORS ASSOCIATION •
TION,OF THE CODE OF OR- AT THE WICHITA FALLS AC-
'DINANCES,CITY OF WICHI- TIVITIES CENTER.
TA FALLS,TEXAS. ''/s/Wilma Thomas
ORDINANCE NO.94-83
ORDINANCE GRANTING
WAIVER OF ORDINANCE
NO.2834,SECTIONS 1 AND 2,
TO ALLOW CONSTRUCTION
OF A MEDIAN ON SOUTH-
WEST PARKWAY FOR AN
errrsS EASEMENT FROM