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Ord 3100 7/6/1976MMEW ORD INANCE NO. 3/O d AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR VARIOUS STREETS DES- IGNATED AS THE 1976 COMMUNITY DEVELOPMENT ASSESS- MENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND PLACE FOR REARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CTFRK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. WHEREAS, the Board of Aldermen 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 follow- ing to-wit: Six (6) inches of hot mix asphaltic concrete surface and four (4) inches of sandstone sub-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 in strict accordance with the plans and specifications therefor; and notice for bids having been advertised, the lowest responsible. bid for the construction of the 1976 Community Development Assessment Paving Program in the amount of $394,534.85 was 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 pav- ing 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, 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: AVENUE D: From the east property line of Hayes Street to 150 feet east. BRIDGE From the north property line STREET: of Washington Street to the south property line of Jefferson Street. BUCHANAN From the north property line of STREET: Tenth Street to the south property line of Ninth Street. BUCHANAN From the north property line of STREET: Linden Place to 297.3 feet south. CALHOUN From the north property line of STREET: Washington Street to 350 feet north of north property line of Madison Street. CALIFORNIA From the south property line of East AVENUE: Scott Street to the north property line of Kell Boulevard. CAROLINE From the east property line of North STREET: Travis Street to the west property line of North Lamar Street. CLARK From the north property line of STREET: Lucille Avenue to 220' north of north property line of Elizabeth Avenue. EDWARDS From the north property line of STREET: East Scott Street to the south property line of Fort Worth Street. FORT WORTH From the east property line of Kentucky STREET Avenue to the west property line of Edwards Avenue. FOURTH From the east property line of Lee STREET: Street to 269.2 east. HUMPHREYS From the east property line of Rosewood STREET: Avenue to the west property line of Bailey Avenue. KENTUCKY From the south property line of Waco AVENUE: Street to 150 feet south MILLIRON From the north property line of STREET: Pecan Street to 400 feet north. • NORTH From the south property line BROOK of North First Street to the AVENUE: south property line of North Third Street. NORTH From the west property line of FIRST North Brook Avenue to the east STREET: property line of North Broadway. NORTH From the east property line of SECOND North Broadway to the west property STREET: line of North Brook Avenue. SIXTH From the east property line of Lee STREET: Street to the west property line of Eastside Drive. STRATFORD From the north property line of AVENUE: North First Street to 140 feet north of the north property line of North Second Street. VAN BUREN From the north property line of STREET: Keeler Avenue to the south property line of Wilson Avenue. VAN BUREN From the north property line of STREET: Collins Avenue to 150 feet north. WASHINGTON From the east property line of STREET: Bridge Street to 425 feet west. WASHINGTON From the east property line of Burk STREET: Road to the west property line of Eastside Drive. WEBSTER From the north property line of East STREET: Caroline Street to the south property line of East Jefferson Street. • The estimated cost of improvements is $394,534.85. The separately estimated amounts per foot to be assessed against abutting property and the owners thereof for front improvement rate for 30 foot width street is $ /,. 00 , for side improvement rate for 30 foot width street is $ 7 Oa < < III. 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 own- ing or claiming any interest in any such property. Such hearing shall be given and held on the 3rd _ day of Au us't:ham l97 , 8:3(1-' a.m. in the Council Chapter in 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 awning 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 awning 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 per- son 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. -saithi ropertieit %h m4cth notice'was mailed;_-logether with-.thezlast-known•:address.-Alf-they--r-espeotive--ownero- 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 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. IV. 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. V. The fact that the making and constructing of the said improvements 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, con- stitutes and creates an urgent public necessity, requiring that this ordinance be passed as an emergency measure, and this ordinance is passed as an emergency meas- ure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED THIS 6th DAY OF July - ATTEST: MAYOR 47/,;j97. Az---ek-e-sue. City Clerk NOT I C E TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTIONS OR 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- fore ordered that the hereinafter described portions of streets, avenues, and public places in the City of Wichita Falls, Texas, be improved by raising, grad- ing and filling same and by further constructing thereon the improvements here- inafter specified to-wit: Six (6) inches of hot mix asphaltic concrete surface and four (4) inches of sandstone sub- 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, concrete sidewalks and other necessary incidentals and appur- tenances; all of said improvements to be constructed as and where shown on the plans and specifications therefor. Contract has been made and entered into with Zack Burkett Company, Wichita Falls, Texas for the making and constructing of such improvements. 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: AVENUE D: From the east property line of Hayes Street to 150 feet east. BRIDGE From the north property line STREET: of Washington Street to the south property line of Jefferson Street. BUCHANAN From the north property line of STREET: Tenth Street to the south property line of Ninth Street. BUCHANAN From the north property line of STREET: Linden Place to 297.3 feet south. CALHOUN From the north property line of STREET: Washington Street to 350 feet north of north property line of Madison Street. CALIFORNIA From the south property line of East AVENUE: Scott Street to the north property line of Kell Boulevard. CAROLINE From the east property line of North STREET: Travis Street to the west property line of North Lamar Street. CLARK From the north property line of STREET: Lucille Avenue to 220' north of north property line of Elizabeth Avenue. EDWARDS From the north property line of STREET: East Scott Street to the south property line of Fort Worth Street. FORT WORTH From the east property line of Kentucky STREET Avenue to the west property line of Edwards Avenue. • FOURTH From the east property line of Lee STREET: Street to 269.2 east. HUMPHREYS From the east property line of Rosewood STREET: Avenue to the west property line of Bailey Avenue. KENTUCKY From the south property line of Waco AVENUE: Street to 150 feet south MILLIRON From the north property line of STREET: Pecan Street to 400 feet north. NORTH From the south property line BROOK of North First Street to the AVENUE: south property line of North Third Street. NORTH From the west property line of FIRST North Brook Avenue to the east STREET: property line of North Broadway. NORTH From the east property line of SECOND North Broadway to the west property STREET: line of North Brook Avenue. SIXTH From the east property line of Lee STREET: Street to the west property line of Eastside Drive. • STRATFORD From the north property line of AVENUE: North First Street to 140 feet north of the north property line of North Second Street. VAN BUREN From the north property line of STREET: Keeler Avenue to the south property line of Wilson Avenue, VAN BUREN From the north property line of STREET: Collins Avenue to 150 feet north. WASHINGTON From the east property line of STREET: Bridge Street to 425 feet west. WASHINGTON From the east property line of Burk STREET: Road to the west property line of Eastside Drive. WEBSTER From the north property line of East STREET: Caroline Street to the south property line of East Jefferson Street. • ' w The estimated cost of improvements is $394,534.85. The separately estimated amounts per foot to be assessed against abutting property and the owners thereof for front improvement rate for 30 foot width street is $/2,"° for side improvement rate for 30 foot width street is $_.200 • • A. hearing will be given and held by and before the govertting. body of the City of Wichita Falls, Texas, on the _10 day of - _August -19 at sac,- a.m. in the Council Room of the Memorial Auditorium Building, 1300 Se$-enth 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 costs thereof, the amounts to be assessed therefor, 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 concern- ing the regularity, validity, and sufficiency of the contract for and all pro- ceedings relating to such improvements and..proposed assessments therefor, 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 abutt- ing 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 Statues, 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 own any such-property or any interest---therein,-as weld as all.'othets--in=any 4n teresteid or affected wilt -take notice.- - Done by order of the Board of Aldermen of the City of Wichita Falls, Texas, the 6th day of July- City Clerk • • • • • CITE OF WICHITA L L S 9 T1Le XA l� SID TAIWL..ATION PRQJEC.T= 19;76 Community Development Assessment PROJECT NO. 1976 CD Pavin Program BIDS RECE"VED 10.00 A.M. June 28. 1976 I T E M C O N T R A C T O R S Lack Burkett Stuckey t.onst. INO :APP RO X. Compaiy Company QUANTITY D E S C R I P T I O N UNIT AMOUNT UNIT AMOUNT UN I Al OUNT 1 214200 LF Standard Curb & Gutter 2.65 64,_130.00 _ 2.75 66,550.00 2 4,700 SF Standard Valley Gutter 1 .35 6,345.00 1 .25 5,875.00 • 3 700 SF Standard Alley Approach 1 .35 945.00 , 1 .40 980.00 , 4 400 SF 4" Concrete Sidewalk 1 .30 520.00 1 .00 400.00 5 1200 SF _Standard Cons, Driveway 1 .35 1 ,620.00 1 .25 1 .500.00 , 6 152 LF 15" RCP 9.50 1 ,444.00 8.50 1 ,292.00 , 7 328 LF 18" RCP 11 .00 3,608.00 9.90 3,247.20 8 220 LF 24" RCP 16.50 3,630.00 15.00 3.300.00 , 9 4 Ea. • , Type "A" Inlets 700.00 2,800.00 670.00 2•,680.00 , 10 _ 1 Ea ,Type "B" Inlets 750.00 750.00 750.00 750.00 , 11 1 Fa Spectai lit p00.00 500.00 650.00 650.00 • 12 17,600 SY 2' Type- "D" HMAC on k" 6.88 258.688.00 6.82 256.432.00 . Asph. Stabilized Gravel 13 911 CY .1.P rap Concrete 165.00, 14.850.00 140.00 12,600.00 14 119.7 CY _Concrete for Culverts_ • 165.00 19,750.50 182.00 21 ,785.40 15 7 4 rY Concrete far Ret. Walls 300.00 720 00 ,100 00 72000 16 17,60.7 114 RPinforring StePI 0.35 6)62.45 .4o 7,04 7.8o 17 2.4. 1 LF Metal Beam Guard Faa.ce 1 g 0.0 457 9D 75 nn dn, 5n 18 300 SF Wheelchair Curb Ramps , 1 .75 525.00 3.00 900.00 19 545 SY Remove old Asph_ Pavement 2.00 1 ,090.00 . 1 .55 844.75 10 785- SY Remove ol-d Coic. Pavement 2.00 1 ,570.00 3.25 2;551 .25 21 100 SY 2' Type "D" Overlay , 2_a7 207.00 3.75 375.00 , 22 1 Ea. Trash Rack X200.00 200.00 128.00 128.00 23 Lump Sum Drainage Structure Removal 3500.06 ' 3,500.00 .4850.00 4,850.00 24 174 S. F. _6" Reinf. Conc. Pavement 3.00 522.00 1 .90 330.60 alternate • 2A 37,600 SY 2" Type "D" HMAC on- 4" No did No Bid )Type "A" HMAC total Bid $394,534.85 $396,386.50 . •