Ord 2933 1/21/1975 ORDINANCE NO. -1,:
AN ORDINANCE DETERMING THE NECESSITY FOR AND ORDERING
AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF THIRD
STREET, EAST THIRD STREET AND DUNCAN STREET IN THE CITY
OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT
APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CON-
STRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING
PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTT-
ING PROPERTIES FOR CURB AND GUTTER AND THE ISSUANCE OF
ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS;
DIRECTING THE CITY ENGINEERS TO PREPARE ESTIMATES OF COST;
DIRECTING THE CITY CLERK TO FILE A NOTICE OF ADOPTION OF
THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY,
TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT
PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND
SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION
OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAP-
TER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B OF
VERNON'S TEXAS CIVIL STATUES; AND DIRECTING THE CITY CLERK
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAP-
TION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN
AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE DATE;
PROVIDING SUNDRY OTHER MATTERS.
WHEREAS, the Texas Highway Department has prepared plans and speci-
fications for the improvement of the hereinafter described portions of Third
Street, East Third Street and Duncan Street in the City of Wichita Falls, Texas
arch herrsame--haste-•been-axami e- bj- he` ty;.Engineer"of=the,Cite=of ,With ta, Falls,,a-Y,
and found- to be=in ail- matters---and=things—proper-and in accordance_.with--an_agree-:--
ment dated October 22, 1974, with the City of Wichita Falls and the State High-
way Commission reflected by State Highway Department Minute Order No. 69335,
NOW THEREFORE ,
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
I.
The hereinafter described Plans and Specifications are hereby approved
and adopted.
II.
There exists a public necessity for the improvement of the hereinafter
described portion of Third Street, East Third Street and Duncan Street in the
City of Wichita Falls, Texas, to-wit:
THIRD STREET: From the east property line of
Eastside Drive to the west prop-
erty line of Patterson Street.
EAST THIRD From the west property line of
STREET: Patterson Street to the west prop-
erty line of Live Oak Street.
DUNCAN STREET: From the west property line of Live
Oak Street to the west property line
of Reilly Street.
III.
The cost of said improvements as hereinafter defined shall be paid for
as follows, to-wit:
A. The property abutting on that portion of this project which is
found to benefit from the improvements shall pay all the cost of curb and gutters
in front of their property.
B. The City of Wichita Falls and the Texas Highway Department will pay
all of the remainder of the cost of said improvements.
IV.
The improvements provided for herein shall be made and constructed,
notice given, hearing held and assessment levied and all proceedings taken
and had in accordance with and under the terms of the powers and provisions
of Chapter 106 of the Acts of the First Called Session of the Fortieth
Legislature of the State of Texas , as amended, now shown as Article 1105B
of Vernon's Texas Civil Statutes, which act has been adopted as an amendment
to and made a part of the Charter of the City of Wichita Falls , Texas , and
under which law these proceedings are taken and had.
V.
The City Engineer of the City of Wichita Falls , Texas , be and he is
hereby, ordered and directed to file with the City Council , estimates of
the cost of such improvements in each unit, in accordance with the terms of
the powers and provisions of the Charter of the City of Wichita Falls , Texas.
VI .
The City Clerk is directed to prepare, sign and file with the County
Clerk of Wichita County, Texas , a notice in accordance with the provision of
the Act passed at the Fifth Called Session of the Forty-first Legislature of
the State of Texas , as amended, and shown as Chapter 21 of the Acts of said
Session of the Legislature and now shown as Article 1220A of Vernon 's Texas
Civil Statutes.
VII .
The-City Clerk is hereby directed to engross and enroll, •th_i-s ordi narroe_-
by copying- the caption' of same in the Minute Book of the Board of Aldermen
and by fil ;ng the complete ordinance in the appropriate Ordinance Records of
this City.
VIII .
The fact that the making and constructing of the said improvements is
being delayed pending the taking effect of this ordinance, and that the con-
ditions of such portions of streets and avenues and endangers public health
and safety, constitutes and creates an urgent public necessity, requiring that
this ordinance be passed as an emergency measure, and this ordinance is passed
as an emergency measure and shall be in force and effect immediately from and
after its passage.
PASSED AND APPROVED THIS 21st DAY OF January 19 75
MAYOR
ATTEST:
!dC/
City Clerk
NOT I C E
THE STATE OF TEXAS X
COUNTY OF WICHITA
Notice is hereby given that the governing body of the City of
Wichita Falls, Texas, has ordered and determined it to be necessary that
the following streets In 'the City of Wichita Falls, 'Wichita County, Texas
be improved and that a portion of the cost of such Improvements' are to be
specially assessed as a lien upon the property abutting thereon, and said
portions of streets in the City of Wichita Falls , Texas as follows:
THIRD STREET: From the east property line of
Eastside Drive to the west prop-
erty 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 prop-
erty line of Reilly Street. '
IN TESTIMONY WHEREOF, The City of Wichita Falls has caused this in-
strument to be executed in its behalf and signed by its Mayor, this the
21st day of January 1975
M A Y O R
ATTEST:
!gam/ L l dJ ZQ
City lerk
STATE OF TEXAS
COUNTY OF WICHITA
Before me, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. Max Kruger
known to me to be the person whose name is subscribed to the foregoing instru-
ment, and acknowledged to me that he executed the same as the act and deed of
the City of Wichita Falls, a municipal corporation of Wichita County, Texas
and as the Mayor thereof, and for the purposes and consideration therein ex-
pressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE 21st day of January
1975.
L v�G'G C' ✓ vt_' '�L/
Notary Pubic in and for
Wichita County, Texas
EVELYN LYN M. LESS
Notary Public in and for
Wichita County, Texas