Ord 2988 7/8/1975 •
ORDINANCE NO. 119f1
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF
THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF
AMOUNTS TO BE ASSESSED FOR A PORTION OF THE 1975
RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS
IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CON-
TRACT FOR SUCH CONSTRUCTION; 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 of Aldermen of the City of Wichita Falls, Texas,
has heretofore ordered that the hereinafter described streets in the City of
Wichita Falls, Texas, be improved by raising, grading and filling same and by
constructing thereon the following to-wit:
One and one-half (1-1/2) inches of hot mix •
asphaltic concrete surface and six (6) inches
of cement 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, concrete sidewalks, concrete driveway approaches and other
necessary incidentals and appurtenances; all of said improvements to be con-
structed 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 low-
est responsible bid for the construction of concrete curb and gutter and drainage
structures for the 1975 Reconstruction Program in the amount of $18,850.00 was
submitted by Timmins-Anderson Corp. , Wichita Falls , Texas.
WHEREAS, the cost of curbs and gutters, concrete sidewalks and concrete
drive approaches are assessable against abutting properties and the owners there-
of under the reconstruction 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 amounts per front foot proposed to be assessed
against abutting property and owners thereof, and such estimates have been ex-
amined.
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 Timmins-Anderson Corp. , 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.
III.
It is hereby fouti'd and determined that the cost of improvements on
each portion of street hereinafter described with the amount or amounts per
front foot or per square foot proposed to be assessed for such i.mprovments
against abutting property and the owners thereof, are as follows, to-wit:
Pg: 2, Recons. 1975
ORIOLE STREET: From the North property line
of Eastside Drive to the South
property line of Trout Street.
THIRTY-FOURTH From the west property line
STREET: of the Old Jacksboro Highway
west 732 feet.
ROWLAND ROAD: From the East property line
of Perigo Street to the west
property line of Old Windthorst
Road.
The estimated cost of improvements is $18,850.00. The separately
estimated amounts per front foot to be assessed against abutting property and
the owners thereof for combined concrete curb and gutter is $2.40 and for
concrete sidewalks is $3.00.
The assessment for concrete driveway approach is $1.25 per square
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 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 5th day of August 1975 , 8:30 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 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 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. Jn 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 in said properties to whom the
notice was mailed , together with the last known address of the respective owners
and those persons owning or claiming any interest in said property.
•
Pg; 3, Recon. 1975
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 the hearing
by mail as herein provided for, or failure of the owners or other persons in-
terested 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 news-
paper advertisement as first hereinabove provided .
V.
The City Clerk. is hereby directed to engross and enroll this ord-
inance 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. •
VI.
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 end•ingers public ,health and
safety, constitutes and creates an urgent public necessity, requiring that this
ordinance he passed as an emergency measure, and this ordinance is passed as an
emergency measure and shall he in force and effect immediately from and after
its passage.
PASSED AND APPROVED THIS 8th DAY OF July .197.5
M A Y 0 R. •
A TTE ST:
• _./ L! i '. .' /
City Clerk
Pg: 4, Recon. 1975
NOT I C E
TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE
HEREINAFTER DESCRIBED PORTIONS 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 here-
tofore 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:
One and one-half inches (1-1./2) inches of hot
mix asphaltic concrete surface and six (6)
inches of cement 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, concrete sidewalks, concrete driveway approaches and other nec-
essary 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
street, avenue, and public place hereinafter described, with the amount or amounts,
per front foot proposed to be assessed for such improvements against abutting prop-
erty and the owners thereof, are as follows to-wit:
ORIOLE STREET: From the North property line
of Eastside Drive to the South
property line of Trout Street.
THIRTY-FOURTH From the west property line
STREET: of the Old Jacksboro Highway •
west 732 feet.
ROWLAND ROAD: From the East property line
of Perigo Street to the west
property line of Old Windthorst
Road.
The estimated cost of improvements is $18,850.00. The separately
estimated amounts per front foot to be assessed against abutting property and
the owners thereof for combined concrete curb and gutter is $2.40 and for
concrete sidewalks is $3.00.
The assessment for concrete driveway approach is $1.25 per square
foot.
. • • •
Pg. 5 Recon. 1975
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 Apgust, 1975
at 8:30 . a.m. in the Council Room of the Memorial Auditorium Building, i300
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 he Lilly heard concerning said improvements, the costs
thereot, 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 abntt-
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 1105h 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 8th clay of July 1975
City Cle k
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