Ord 4006 7/5/1977 ORDINANCE NO. wee
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF BARNETT
ROAD FROM F.M.HIGHWAY No. 369 (SOUTHWEST PARKWAY) TO 2736
FEET SOUTH IN THE CITY OF WICHITA FALLS , TEXAS: ACKNOWLEDG-
ING THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY 'S
PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN
MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH
ASSESSMENTS: DIRECTING THE CITY ENGINEER TO PREPARE ESTI-
MATES OF COST: DIRECTING THE CITY CLERK TO FILE A NOTICE
OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
WICHITA COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND
ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVE-
MENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST
CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF
TEXAS , CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE
1105B OF VERNON"S TEXAS CIVIL STATUTES: AND DIRECTING THE
CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPY-
ING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF
ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPRO-
ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE:
PROVIDING SUNDRY OTHER MATTERS.
WHEREAS, the Texas Highway Department has prepared plans and speci
fications for the improvement of the hereinafter described portions of Barnett
Road in the City of Wichita Falls , Texas and the same have been examined by
the City Engineer of the City of Wichita Falls and found to be in all matters
and things proper and in accordance with an agreement dated March 2.8, 1977,
with the City of Wichita Falls and the State Department of Highways and Public
Transportation Commission reflected by State Department of Highways and Public
Transportation Minute Order No. 70519;
NOW, THEREFORE; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF WICHITA FALLS , TEXAS THAT;
The hereinafter described Plans and Specifications are hereby approved
and adopted.
II .
There exists a public necessity for the improvement of the hereinafter
described portion of Barnett Road in the City of Wichita Falls , Texas, towit :
A portion of Barnett Road from the South property line of F.M.
Highway No. 369 (Southwest Parkway) to South 2 ,736 feet.
III .
The cost of said improvements as hereinafter defined shall be paid for
as follows , to-wit:
A. The property abutting on that portion of this project which is
found to benefit from the improvements shall pay all the cost of curb and
gutters in front of their property.
B. The City of Wichita Falls and the State Department of Highways
and Public Transportation will pay all of the remainder of the cost of said
improvements as reflected by the previously mentioned agreements.
IV.
The improvements provided for herein shall be made and constructed,
notice given, hearing held and assessment levied and all proceedings taken
and had in accordance with and under the terms of the powers and provisions
of Chapter 106 of the Acts of the First Called Session of the Fortieth
Legislature of the State of Texas , as amended, now shown as Article 1105B
of Vernon's Texas Civil Statutes , which act has been adopted as an amendment
to and made a part of the Charter of the City of Wichita Falls , Texas , and
under which law these proceedings are taken and had.
• • V.
The City Engineer•of the City of Wichita Falls , Texas , be and he is
hereby, ordered and directed to file with the City Council , estimates of
the cost of such improvements in each unit , in accordance with the terms of
the powers and provisions of the Charter of the City of Wichita Falls , Texas.
VI .
The City Clerk is directed to prepare , sign and file with the County
Clerk of Wichita County, Texas , a notice in accordance with the provision of
the Act passed at the Fifth Called Session of the Forty-first Legislature of
the State of Texas , as amended, and shown as Chapter 21 of the Acts of said
Session of the Legislature and now shown as Article 1220A of Vernon 's Texas
Civil Statutes.
VII .
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.
VIII .
The fact that the making and constructing of the said improvements is
being delayed pending the taking effect of this ordinance, and that the con-
ditions of such portions of streets and avenues and 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 5th DAY OF July 19 77
1%7I'lle'e"40(211-.
MAYOR
ATTEST:
Alss7sz4 r C i t y C rk
N O T I C E
THE STATE OF TEXAS )
COUNTY OF WICHITA )
Notice is hereby given that the governing body of the City of
Wichita Falls , Texas , has ordered and determined it to be necessary that
the following street in the City of Wichita Falls , Wichita County , Texas
be improved and that a portion of the cost of such improvement is to be
specially assessed as a lien upon the property abutting thereon , and said
portions of streets in the City of Wichita Falls , Texas as follows :
A portion of Barnett Road from the south property line
of F.M. Highway No. 369 (Southwest Parkway) to south
2,736 feet.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused this
instrument to be executed in its behalf and signed by its Mayor, this the
5th Day of July 1977 .
41.
4
�' A Y 0 R
ATTEST:
//-5:5/s7?"---fir y Cl . rk
STATE OF TEXAS )
COUNTY OF WICHITA )
Before me, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. J. C. Boyd , Jr
known to me to be the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same as the act and deed of
the City of Wichita Falls , a municipal corporation of Wichita County, Texas
and as the Mayor thereof, and for the purposes and consideration therein ex-
pressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE T THE 5th DAY OF Jul 1977
,VU
Notary Pu lic in and for Wichita County, Texas
Gary Southard