Ord 087-82 9/7/1982 ORDINANCE NO. (7—it'
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 CONSTRUCTION
PROJECT 82-1 IN THE CITY OF WICHITA FALLS, TEXAS;
FIXING TIME AND PLACE FOR HEARING 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 Board ofAldermen 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 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 specifications therefore; -
and,
Notice for bids having been advertised, the lowest responsible bid for the con-
struction of the 1982 Capital Improvements Program Street Construction Project
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 abutt-
ing properties and the owners thereof under the assessment paving program of the
City of Wichita Falls; and,
WHEREAS, the Board of Aldermen 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 BOARD OF ALDERMEN 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.
Page 5 of10 Pages
AgenaaZtem oo. 11.e.
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:
CITY VIEW DRIVE: From the north property line of the
Old Iowa Park Road to the south property
line of the Northwest Freeway.
COVINGTON DRIVE: From the north property line of the Old
Iowa Park Road to the south property line
of the Northside Canal right-of-way.
CRESCENT LANE: From the north property line of the Old
Iowa Park Road to the south property line
of Nunn/Crescent Lane.
HARRIS LANE: From the north property line of the Old
Iowa Park Road to the north property line
of Lot 1, Block 1-A Park Village Addition
on the east side and the north property
line of Block 2, Harris Addition on the
west side.
NORTHWEST DRIVE: From the east property line of Radio Lane
to the west property line of North Beverly
The estimated cost of improvement is $1.059.130.15 The separately
estimated amounts per foot to be assessed against abutting property and the
owners thereof for front and side improvement rate for pavement curb and gutter
and sidewalk is $5.82 per lineal foot for curb and gutter and $7.12 per
lineal foot for sidewalk.
Page 6 of 10 Pages
Agenda Item NO. 11.e.
IV.
A hearing to be given and held by and before the Board of Aldermen
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 5th day of October , 1982 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 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 the properties to be assessed, and to any person owning or claim-
ing any interest in said properties, to the last known address of said own-
er 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 inter-
est 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 connec-
tion, 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 claim-
iny 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 cer-
tificate 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 re-
ceive 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 ordi-
nance by copying the caption of same in the Minute Book of the Board of Alder-
men and by filing the complete ordinance in the appropriate Ordinance Records
of this City.
Page 7 of 10 Pages
Agenda Item No. ll.e.
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
safety, constitutes and creates an urgent public necessity, requiring that
this ordinance 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 7th DAY OF September _ 1982
/AO/
r 0 R
ATTEST:
i
City Clerk
Page 8 of 10 pages
Agenda Item No. ll.e.
NOT 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 Board of Aldermen 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 improvements hereinafter 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 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:
CITY VIEW DRIVE: From the north property line of the Old Iowa
Park Road to the south property line of the
Northwest Freeway.
COVINGTON DRIVE: From the north property line of the Old Iowa
Park Road to the south property line of the
Northside Canal right-of-way.
CRESCENT LANE: From the north property line of the Old Iowa
Park Road to the south property line of Nunn/
Crescent Lane.
HARRIS LANE: From the north property line of the Old Iowa
Park Road to the north property line of Lot 1,
Block 1-A Park Village Addition on the east side
and the north property line of Block 2, Harris
Addition on the west side.
NORTHWEST DRIVE: From the east property line of Radio Lane to the
west property line of North Beverly Drive.
Page 9 of 10 Pages
Agenda Item No. 11.e.
I ,
-
A hearing will be given and held by and before the governing body
of the City of Wichita Falls, Texas, on the 5th Day of October , J982 8:30
a.m. in the Council Room of the Memorial Aueitorium Building, 1300 Seventh
Street in the City of Wichita Falls, Texas, for all owning or claiminy 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 improvements on
the portions of streets, avenues, and public places upon which the property
abuts, and concerning the regularity, validity, and sufficiency of the con-
tract for and all proceedings relating to such improvements and proposed
assessments thereofre, 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 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 owning or claiming'to own any
such property or any interest therein, as well as all others in anywise in
terested or affected will take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the -7th day of Sep-tember 1982 •_
City Clerk
Page 10 of 10 Pages
Agenda Item No. ll.e.
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
_ On this• 5th dayof i cto1 er
ORDINANCE 82-82
AN ORDINANCE CLOSING, i0)4•,
VACATING, AND ABANDON- A•D personally appeared before me,the undersigned authori
ING A TWENTY (20) FOOT
WIDE, UNPAVED, NORTH
SOUTH ALLEY IN BLOCK 47- t,Eillai. Be:We-3,0-44:4z bookkeepl
A OF THE HIGHLAND ADDI
TION TO THE CITY OF
AND RETAINING FALLS, TEXAS,
UTILITY the Times Publishing Company of Wichita Falls, publishers of the Wichita Fal
AND RETAINING A UTILITY
EASEMENT.
ORDINANCE NO.83-82 Times, a newspaper published at Wichita Falls in Wichita County, Texas, an
AN ORDINANCE APPROP-1
RIATING FUNDS FROM THE1
GENERAL FUND TO AC upon being duly sworn by me,on oath states that the attached,advertisement is a trt
COUNT NUMBERS LISTED
BELOW, AND DECLARING and correct copy of advertising published in �:i
AN EMERGENCY PY g p issue
ORDINANCE NO. 84-82
011, ORDINANCE pRDINANCE-APPROP-I thereof on the following dates:
r grin'$NG FUNDS WITHIN,
THE GENERAL FUND TO,
ACCCI41/1k`NUMBERS LIST-'
ED BE W„AND DECLAR-I get. t
ING AN,XMERGENCY-
ORDItlANCE NO 8S-82 '
AN ORDINANCE AMENDING, /4
SECTION 2 8-6 1 O F THE �.J.�
CODE OF ORDINANCE, TO
INCREASE THE R E S I Bookkeeper for Times Publishing Company
DENCE HOMESTEAD EX-
EMPTION OF PERSON 65 of Wichita Falls
YEARS.OF AGE OR OLDER.
ORDINANCE NO. 86-82
AN ORD 1 N A N C T MAKING
FROM APPROPRIATION FROM Subscribed and sworn to before me this day and year first above written.
THE PARTICIPATION PAV-
ING FUND TO ACCOUNT
NUMBERS 16?....40-....-60?
BERS LISTED BELOW,
AND DECLARING AN
EMERGENCY.
ORDINANCE NO.87-82
AN ORDINANCE APPROV
ING AND ADOPTING ESTI-
MATES OF THE COST OF
CONSTRUCTION OF IM- #/ /I �'* ROY L.REAVES
PROVEMENTS AND OF I/�Lj\J Notary Public,State of Texas Q�
AMOUNTS TO BE ASSESSED //—V( My Commission Expires Nov.30,19�f
FOR PORTIONS OF AV- s, �h $,$,gg642-2562
ENUES, STREETS, AND - f or}Cf
PUBLIC PLACES DESIG-
9l
NATED AS THE 1982 CAPIT-
AL IMPROVEMENTS PROG-
RAM STREET CONSRUC-
TION PROJECT 82-1 IN THE
CITY OF WICHITA FALLS,
TEXAS: FIXING TIME AND
PLACE FOR HEARING OF
THE OWNERS OF ABUT-
TING PROPERTY AND TO
ALL OTHERS INTERESTED:
DIRECTING THE CITY
CLERK TO GIVE NOTICE OF
SUCH HEARING: AND DEC-
LARING AN EMERGENCY.
•