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Ord 3395 11/7/1978 ORDINANCE NO. 55 r AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DESIGNATED AS THE 1977 COMMUNITY DEVELOPMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, T`; TEXAS : FIXING TIME AND PLACE FOR HEARING OF THE I OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED: DIRECTING THE CITY CLERK TO GIVE I; ' NOTICE OF SUCH HEARING: AND DECLARING AN EMER- GENCY. WHEREAS, the Board of Aldermen of the City of Wichtia 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: ri Six (6) inches of hot mix asphaltic concrete sur- face and four (4) inches of sandstone sub-base. I! The above, together with combined concrete curbs and gutters on proper -a 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 specifica- 1 tions- therefore; and, Notice for bids having been advertised, the lowest responsible bid for the construction of the 1977 Community Development Paving Program in the amount of $66,591 .50 submitted by Zack Burkett Company, Graham, Texas. WHEREAS, the cost of curbs and gutters and pavement are assessable against abutting properties and the owners thereof under the assessment paving 11 program of the City of Wichita Falls; and, WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas has I! 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. 1! NOW, THEREFORE , I! 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, Graham, 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: COLLARD From the N.P.L. of Trout Street to the AVENUE: S.P.L. of Harding Street. I 'c4 The estimated cost of improvement is $66,591 .50 . The separately estimated amounts per foot to be assessed against abutting property and the owners thereof for front improvement rate for pavement with curb and gutter is $6.00 per lineal foot and for side improvement rate for pavement with curb and IP gutter is $4.00 per lineal foot and for curb and gutter only the amount to be assessed abutting property owners is $3.45 per lineal foot. 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 .o; 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 December , 1978, 8:30 a.m. in the Council Chambers of the City of Wichita Falls, Texas and the City Clerk It 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 I! 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- ing 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 I! 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 nowise 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- 1 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. 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 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 7th DAY OF November, 1978 MAYOR ATTEST: It I! City Clerk :N r C I I! I! 4 I I 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 Board of Aldermen of the City of Wichita Falls, Texas has hereto- MI fore ordered that the hereinafter described portions of streets, avenues, and I! public places in the City of Wichita Falls, Texas, be improved by raising, grading and filling same and by further constructing thereon the improvements p ovements I! hereinafter specified to-wit: Six (6) inches of hot mix asphaltic concrete surface :.+ and four (4) inches of sandstone sub-base . by The above together with combined concrete curbs and gutters on proper I 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. 11 Estimates of the cost of such improvements for each portion of street, I! avenue and public place have been prepared and approved. I! It is hereby found and determined that the cost of improvements on each portion of street, avenue and public place hereinafter described, with t he I! amount or amounts per foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit : -1 COLLARD From the N.P. L. of Trout Street to the AVENUE: S.P. L. of Harding Street. I! The estimated cost of improvement is $66,591 .50 . The separately estimated amounts per foot to be assessed against abutting property and the owners thereof for front improvement rate for pavement with curb and gutter is 11 $6.00 per lineal foot and for side improvement rate for pavement with curb and gutter is ; 4.00 per lineal foot and for curb and gutter only the amount to be assessed abutting property owners is $3.45 per lineal foot . 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 December 1978 at 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 claim- ing 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 improve- ments, 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 relaing to such improvements and proposed i 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 hearing, assessments I! will be levied against abutting property and the owners thereof , and such assessments when levied, shall be a personal leability 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 1! 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 thimgs, 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 I! Falls, Texas, the 7th day of November 1978 1: City Clerk Jr • 1 r