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Ord 2980 5/6/1975 r OF ORDINANCE NO. A9fD 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 ASSESSMENT 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 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 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: • Page: 2 1975 A.P. AVENUE F: From the east property line of Garfield Street to 150 feet east of the east prop- erty line of Hayes Street. ARTHUR STREET From the south property line of 10th Street AND AVENUE E: to the west property line of Garfield Street. ARIZONA AVENUE: From the west property line of Arthur Street to the west property line of Kemp Boulevard . BLUFF STREET: From the north property line of Midwestern Parkway to the south property line of 36th Street. BLUFF STREET: Adjacent to lots 23 & 24, of Block 9, of the Sibley-Taylor Addition BRIDGE STREET: From the north property line of Jefferson Street to the south property line of Madison Street. BROAD STREET: From 50 ft. south of the south property line of Fourth Street to the south property line of Third Street. BURNETT STREET: From the north property line of Central Free- way East Service Road to the south property line of 20th Street. CONCORD ROAD: From the north property line of Pasadena Avenue to the south property line of Coronado Avenue. DENZIL AVENUE: From the south property line of 25th Street south 367 feet. DUVAL STREET: From the north property line of Pearl Avenue to the south property line of Eleventh St. FOURTH STREET: From the east property line of Travis Street to the west property line of Lamar Street. FOURTH STREET: From the west property line of Broad Street west 35 feet. MADISON STREET: From the east property line of Bridge Street to the west property line of Burkburnett Road ONAWAY TRAIL: From the east property line of Allen Road to the east property line of Richmond Drive. TWENTY-FIRST From the east property line of Bluff Street STREET: to the west property line of Burnett Street. TWENTY-SECOND Adjacent to lots 17, 18, & 19, of Block 2 and STREET: lots 8, 9 & 10 of Block 3 of the Ed Wilson Addn. The estimated cost of improvements is $265,000. 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 1 , Pg: -3, 1975 A.P. 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 10th.= day of .1unQ:17.975 - :_ , 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 an4 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-sin 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-.claim-ing.4ny dnterest,in said--_:properties_ o aahomcthe notice=-was-mailed;:together= i ttuthe✓�ladt-known -address-:n£-the_irespective-\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 6t11- DAY OF May 1975 ATTEST: • MAYOR City Clerk Page: 1 1975 A.P. NOT 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- 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 amounts per foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit: Page: 2 1975 A.P. AVENUE F: From the east property line of Garfield Street to 150 feet east of the east prop- erty line of Hayes Street. ARTHUR STREET From the south property line of 10th Street AND AVENUE E: to the west property line of Garfield Street. ARIZONA AVENUE: From the west property line of Arthur Street to the west property line of Kemp Boulevard . BLUFF STREET: From the north property line of Midwestern Parkway to the south property line of 36th Street. BLUFF STREET: Adjacent to lots 23 & 24, of Block 9, of the Sibley-Taylor Addition BRIDGE STREET: From the north property line of Jefferson Street to the south property line of Madison Street. BROAD STREET: From 50 ft. south of the south property line of Fourth Street to the south property line of Third Street. BURNETT STREET: From the north property line of Central Free- way East Service Road to the south property line of 20th Street. CONCORD ROAD: From the north property line of Pasadena Avenue to the south property line of Coronado Avenue . DENZIL AVENUE: From the south property line of 25th Street south 367 feet. DUVAL STREET: From the north property line of Pearl Avenue to the south property line of Eleventh St. FOURTH STREET: From the east property line of Travis Street to the west property line of Lamar Street. FOURTH STREET: From the west property line of Broad Street west 35 feet. MADISON STREET: From the east property line of Bridge Street to the west property line of Burkburnett Road ONAWAY TRAIL: From the east property line of Allen Road to the east property line of Richmond Drive. TWENTY-FIRST From the east property line of Bluff Street STREET: to the west property line of Burnett Street. TWENTY-SECOND Adjacent to lots 17, 18, & 19, of Block 2 and STREET: lots 8, 9 & 10 of Block 3 of the Ed Wilson Addn. The estimated cost of improvements is $265,000. 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 • Pg: 3 . 1975 A.P. A hearing will be given and held by and before the governing body_ of the City of Wichita Falls, Texas, on the l0.th. day of -June, 1975 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 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 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 raid Sessions, together with any and all amendments thereto, said Act now being 1nown 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 6th day of May 1975 Or i City Clerk