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Ord 3020 10/7/1975 • ORDINANCE NO. 417Z7 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 1975 COMMUNITY DEVELOPMENT ASSESS- MENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS IN- TERESTED; DIRECTING THE CITY CLERK 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. 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 assess- ed 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. 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: Pg.2 Com. Dev, BAYLOR AVENUE: From the north property line of Seventh Street to the south prop- erty line of Sixth Street. BRIDWELL STREET: From the north property line of Collins Avenue to the south prop- erty line of Elizabeth Avenue. CORWIN STREET: From the north property line of Washington Street to the south prop- erty line of Jefferson Street. DENISON STREET: From the north property line of East Scott Street to the south property line of Jalonick Street. ELIZABETH AVENUE: From the east property line of Grace Street east 245 feet to the east prop- erty line of an alley. FIFTH STREET: From the east property line of Farris Street to the west property line of Patterson Street. FOURTH STREET: From the east property line of East- side Drive to the west property line of Patterson Street. GRACE STREET: From the north property line of Fifteenth Street North 177 feet. GRACE STREET; From the north property line of 14th St. to the south property line of 13th St. LINWOOD AVENUE: From 140 feet south of the south property line of North Sixth Street to the south property line of North Tenth Street. MCLAUGHLIN From the east property line of STREET: Patterson Street to the west property line of Reilly Street. NORTH BROADWAY: From the north property line of Scotland Drive to the south property line of North Second St. NORTH TRAVIS From the north property line of STREET: Lincoln Street to the east prop- erty line of North Brook Street. PATTERSON STREET: From the north property line of East Fourth Street to the south property line of East Third Street. Pg. 3 Com, Dev, REILLY STREET: From the north property line of McLaughlin Street to the south property line of Duncan. Street. SCOTLAND DRIVE: From the east right-of-way line of Central Freeway to the east property line of North Broadway. SIXTH STREET: From the east property line of Farris Street to the west property line of Patterson Street. STRATFORD AVENUE: From the south property line of North Eighth Street to 150 feet south. TYLER STREET: From the north property line of Ninth Street to the south property line or Roberts Avenue. WACO STREET: From the east property line of South Rosewood Street to the west property line of Edwards Avenue. The estimated cost of improvements is $320,000. 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 $8.75, for side improvement rate for 30 foot width street is $6.'00. • 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 4th day of November 1975. , 9:00 a.m. in the Council Chamber 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 ether 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 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 .any_.interest_ln said?properties, to whom the A_- notice was mailed;_:.together with-theL::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 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 7th`" DAY OF October- .1975 • ATTEST: • .YOR p 7/7 E (7/1-k 1/2i/e. Leputy City Cle L_ • Page: 1 Com. Dev. 1975 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 Board of Aldermen of the City of Wichita Falls, Texas has hereto- fore ordered that the hereinafter described portions of street, 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 imrpovements 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 appurtenances; all of said improvements to be constructed as and where shown on the plans and specifications therefor. 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 am-milts per foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit: Pg.2 Com, Dev, BAYLOR AVENUE: From the north property line of Seventh Street to the south prop- erty line of Sixth Street. BRIDWELIr STREET: From the north property line of Collins Avenue to the south prop- erty line of Elizabeth Avenue. CORWIN STREET: From the north property line of Washington Street to the south prop. erty line of Jefferson Street. DENISON STREET: From the north property line of East Scott Street to the south property line of Jalonick Street. ELIZABETH AVENUE: From the east property line of Grace Street east 245 feet to the east prop- erty line of an alley. FIFTH STREET: From the east property line of Farris Street to the west property line of Patterson Street. FOURTH STREET: From the east property line of East- side Drive to the west property line of Patterson Street. GRACE STREET: From the north property line of Fifteenth Street North 177 feet. GRACE STREET: From the north property line of 14th St. to the south property line of 13th St. LINWOOD AVENUE: From 140 feet south of the south property line of North Sixth Street to the south property line of North Tenth Street. MCLAUGHLIN From the east property line of STREET: Patterson Street to the west property line of Reilly Street. NORTH BROADWAY: From the north property line of Scotland Drive to the south property line of North Second St. NORTH TRAVIS From the north property line of STREET: Lincoln Street to the east prop- erty line of North Brook Street. PATTERSON STREET: From the north property line of East Fourth Street to the south property line of East Third Street. Pg. 3 Comp Pev, REILLY STREET: From the north property line of McLaughlin Street to the south property line of Duncan Street. SCOTLAND DRIVE: From the east right-of-way line of Central Freeway to the east property line of North Broadway. SIXTH STREET: From the east property line of Farris Street to the west property line of Patterson Street. STRATFORD AVENUE: From the south property line of North Eighth Street to 150 feet south. TYLER STREET: From the north property line of Ninth Street to the south property line or Roberts Avenue. WACO STREET: From the east property line of South Rosewood Street to the west property line of Edwards Avenue. The estimated cost of improvements is $320,000. 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 $8.75, for side improvement rate for 30 foot width street is $6.00. . • • • • w • • I • (% A hearing will be given and held by and before the governing bod_v_ o. the City of Wichita Falls, Texas, on the 4th- day of Novemhex. 1975 at 9:00 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 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 raid matters. Following such hearing, assessments will be levied against abutt- ing property and the owners thereof, and such assessments when levied, shall be 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, knowmcas Chapter 106 of the Acts of raid Sessions, together with any and all amendments thereto, said Act now being 1-noun 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 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 October 1975 OF ity Clerk • • . . a • Affidavit of Publication ...you're roosting one'ninel THE STATE OF TEXAS AI COUNTY OF WICHITA. AI ;a 3—Legal Notices NOTICE TO ALL OWNING OR CLAIMING ANY On this .. �7th day of October - PROPERTY ABUTTING UPON THE • a HERINAFTER DESCRIBED PORTION A.D. A QQ 3F. PLACES EINSTHEEN TY OF WPICH TIA D • J. . personally appeared before me, the undersigned authority FALLS, TEXAS AND TO ALL OWNING OR CLAIMING ANY INTEREST IN; Joy Davis SUCH PROPERTY. t , bookkeeper - The Board of Aldermen of the City of Wichita Falls, Texas has heretofore or A dered that the herinafter described por- tions of street,avenues,and public places) for the Times Publishing Company of Wichita Falls, publishers of the in the City of Wichita Falls,Texas,be im- same by raising, grading and filling Wichita Falls Record News, a newspaper published at Wichita Falls in same and by further constructing thereon the improvements hereinafter specified 6) inches of hot mix asphaltic con- Six ( Wichita County, Texas, and upon being duly sworn by me, on oath states Six (6 1 crete surrace and four(4) inches of sand- stone sub-base. The above, together with combined con- 1 that the attached.advertisement is a true and correct copy of advertising crete curbs and gutters on proper grade, and line where same are not already so! r11}�� ��� 1 constructed, together with storm sewers,j 1•aree issues thereof on the following s drains, concrete sidewalks and other published in g .,,necessary incidentals and appurtenances: I dates: 1 all of said improvements to be constructed 1 , as s and where shown on the glans and � �Br '��,� '211975 specifications therefor. Estimates of the cost of such Improve- LA..4j ,,/ Bookkee times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. , ..//1,741,2- Zee. s.-.---k _.," f - sav .. in & for Wichita County9