Ord 2979 5/6/1975 ORDINANCE NO. e7 9
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 LEAVE OUT SECTIONS 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 Street,
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 reinforced concrete pavement
and four (4) inches of sandstone sub-base.
The above , together with combined concrete curbs and gutters on
property 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 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.
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:
Lot 2, Block 10, Sunset Heights Addition
Lot 15, Block 99A, Highland Addition
Lot 10, Block 17, Scotland Addition
Lot 17, Block 16, Scotland Addition
Lot 15, Block 15, Scotland Addition
Lot 11, Block 108, Floral Heights Addition
Lot 15, Block 108 Floral Heights Addition
Lot 4, Block 104 Eloral Heights Addition
Lot 16, Block 19A, Highland Addition
Lots 3, 4 & 5, Block 89, Original Town
Lot 24, Block 26, Scotland Addition
Lots 14 & 15, Block 26, Scotland Addition
Lot 3, Block 113, Original Town
Lot 9, Block 16, Scotland Addition
Lot 24, Block 9, Scotland Addition
Lot 1, Block 10, Scotland Addition
Lot 1, Block 1, Kemp & Jackson Subdivision
Lot 9, 10 & 11, Block 14A, Highland Addition
Lot 9, Block 44A, Highland Addition
Lot 10, Block 219, Original Town
Lot 1, Block 47A, Highland Addition
Lot 4, Block 47A, Highland Addition
Lots 1 & 2, Block 211, Original Town
Lot 1-A (Replat) Block 92, Original Town
Lot 9, Block 15, Floral Heights Addition
Lot 5, Block 10, Floral Heights Addition
The estimated cost of improvements is $26,000. 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,
l 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 awn-
ing or claiming any interest in any such property. Such hearing shall be given
and held on the 10th__ day of June }75 . _ , .8 30k 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.--1n 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__ .cla.iming_any.;dntere.st3n said-..properties_ato whom: the=- - _
notice= was-mailed',=--together=-Aeitii=th last-:known :-address_of.tbe_ respectivd_.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 6th._" DAY OF - May 1975
ATTEST: MAYOR
\dm'
L../JW 1 C71‘7,?
ler
City C
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 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 reinforced concrete
pavement and four (4) inches of sand-
stone 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.
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:
Lot 2, Block 10, Sunset Heights Addition
Lot 15, Block 99A, Highland Addition
Lot 10, Block 17, Scotland Addition
Lot 17, Block 16, Scotland Addition
Lot 15, Block 15, Scotland Addition
Lot 11, Block 108, Floral Heights Addition
Lot 15, Block 108 Floral Heights Addition
Lot 4, Block 104 Eloral Heights Addition
Lot 16, Block 19A, Highland Addition
Lots 3, 4 & 5, Block 89, Original Town
Lot 24, Block 26, Scotland Addition
Lots 14 & 15, Block 26, Scotland Addition
Lot 3, Block 113, Original Town
Lot 9, Block 16, Scotland Addition
Lot 24, Block 9, Scotland Addition
Lot 1, Block 10, Scotland Addition
Lot 1, Block 1, Kemp & Jackson Subdivision
Lot 9, 10 & 11, Block 14A, Highland Addition
Lot 9, Block 44A, Highland Addition
Lot 10, Block 219, Original Town
Lot 1, Block 47A, Highland Addition
Lot 4, Block 47A, Highland Addition
Lots 1 & 2, Block 211, Original Town
Lot 1-A (Replat) Block 92, Original Town
Lot 9, Block 15, Floral Heights Addition
Lot 5, Block 10, Floral Heights Addition
The estimated cost of improvements is $26,000. 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.
r
. n - 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 _ lQth. day of -June",-1:I975
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 awning 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 owning or claiming to own any
such property or any- interest therein,- as well -as all others in anywise -in=-
terested or affected will'-fake notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the 6th day of May - 1975 -
/ K_ALL�
City Clerk
. s