Ord 2934 1/21/1975 ORDINANCE NO. Jr-
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING FOR A PORTION OF THIRD STREET, EAST
THIRD STREET AND DUNCAN STREET 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 DIRECT-
ING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD
OF ALDERMEN. AND BY FILING TEE COMPLETE ORDINANCE IN THE
APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN
EFFECTIVE DATE--; PROVIDING SUNDRY OTHER MATTERS INCIDENT
THERETO, 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:
An asphalt pavement on sand stone 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 and 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 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 im-
provements and estimates of the amounts per front foot proposed cc 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 concrete curb and
gutter on the streets hereinafter described with the amount or amounts per front
foot proposed to be assessed for such improvements against abutting property and
the owners thereof, are as follows, to-wit:
THIRD STREET: From the east property line of
Eastside Drive to the west property
line of Patterson Street.
EAST THIRD From the west property line of
STREET: Patterson Street to the west
property line of Live Oak Street.
DUNCAN .STREET: From the west property line of
Live Oak Street to the west property
line of Reilly Street.
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutt is $3.08
r 4 t- (.. •
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 18th day of February, L975 , 10:00 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 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. 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 in said properties to whom the
notice was:.mailed,._together.:with=the ll.ast..knox'av-address= f--the rrespective, 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 21st DAY OF January 1975
ATTEST: MAYOR
City Clerk
r .
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
heretofore ordered that the hereinafter described portions of streets,
avenues, and public places in the City of Wichita Falls, Texas be improved
by raising, grading and filling same and by further constructing thereon
the improvements hereinafter specified to-wit:
An asphalt pavement on sandstone 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 and drains and other necessary incidentals and appurte-
nances; 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 front foot proposed to be assessed for such improve-
ments against abutting property and the owners thereof, are as follows,
to-wit:
THIRD STREET: From the east property line of
Eastside Drive to the west property
line of Patterson Street.
EAST THIRD From the west property line of
STREET: Patterson Street to the west
property line of Live Oak Street.
DUNCAN STREET: From the west property line of
Live Oak Street to the west
property line of Reilly Street.
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutter is
$3.08, which is the total estimated amount per front foot to be assessed
against abutting property and the owners thereof.
A hearing will be given and held by and before the governing body of
the City of Wichita Falls, Texas, on the 18th day of February, 1975
at 10:00 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
L:nown 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 21st day of January 1975
j •))1/ C 2./e ato
City Clerk
•
Affidavit of Publication
TO ALL OWNING ORE CLAIMING ANY THE STATE OF TEXAS
PROPERTY ABUTTING UPON THE
HEREINAFTER DESCRIBED PORTIONS
OF STREETS, AVENUES AND PUBLIC COUNTY OF WICHITA
( 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 On tr Is 12th _ day of Bebruary
Wichita Falls, Texas has heretofore or-
dered that the hereinafter described por-
tions ry�75
of streets, avenues, and public
A D
places In the City of Wichita Falls,Texas ....t.... personally appeared before me, the undersigned authority
be Improved by raising, grading and
filling same and by further constructing
thereon the improvements hereinafter Joy- Davis
specified to-wit: , bookkeeper
l An asphalt pavement on sandstone base.
The above, together with combined con-
crete curbs w and gutters are on not already grade for the Times Publishing Company of Wichita Falls, publishers of the
and line where same are not already so ,
constructed, together with storm sewers,
and drains and other necessary inci Wichita Falls Record News, a newspaper published at Wichita Falls in
dentais and appurtenances) all of said
improvements to be constructed as and
where shown on the Plans and Specitical
)ions therefor. Wichita County, Texas, and upon being duly sworn by me, on oath states
Estimates of the cost of such improve-
ments for each portion of street,avenue, that the attached,advertisement is a true and correct copy of advertising
public place have been prepared and py i g
approved.
It Is hereby found and determined that Three (3)
the cost of Improvements on each portion published in r_____,� ��issues thereof on the following
of street, avenue, and public place
hereinafter described,with the amount or
amounts per front foot proposed to be dates:
assessed for such improvements against January 2L , 319 February 7, 1975
abutting property and the owners thereof,
are as follows,to-wit: •
THIRD STREET: From the east property
line of Eastside Drive to the west proper-
ty line of Patterson Street.
EAST THIRD STREET: From the west `
pproperty Patterson the
li a of Live Street.
DUNCAN STREET: From the west pro- Bookk or/F mes Publishing Company
perty line of Live Oak Street to The west of Wichita Falls
property line of Reilly Street.
The estimated amount per front foot to
be the assessed against abutting property
on and Subscribed and sworn to before me this the day and year first above
the owners thereof for combined concrete y y
curb' and gutter is $3.08, which Is the
total estimated amount per front foot to written.
be assessed against abutting property and
the owners thereof.
A hearing will be given and held by and r 1'
before the Falls, Texas,body the the City of ( r, �c
Wichita Falls, Texas, on the 18th day of / .,�` '
February, 1975 at 10:00 a.m.In the Coun-
cil +'.. , Ty,
Room of the Memorial Auditorium t Asa loo y,! i s v e s i�cJ a c Y+ h 1:d� G f,, r
Building, 1300 Seventh Street in the City h�1- r
of Wichita Falls,Texas,for all owning or bO3 & b, t,�,,�, Co """ •Loa''
claiming any property abutting upon said
portions of streets, avenues and public I
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 concerning
the regularity,validity,and sufficiency of
the contract for and all proceedings
relating to such improvements and pro-
posed assessments therefor, and concern-
ing any matter as to which they are enti-
tled 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 abutting 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 110.5b of Ver-
non's Texas Civil Statues,which has been
made a part bf 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 Interested or affected will take
notice.
Done by order of the Board of Aldermen
of the City of Wichita Falls, Texas, the
21st day of January 1975
s—Wilma J.Thomas,City Clerk