Ord 2890 8/6/1974 ORDINANCE NO. o0 Gd.
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 PHASE I OF THE 1974 ASSESSMENT PAVING
PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS;
AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING
TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTT-
ING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECT-
ING 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; and
notice for bids having been advertised, the lowest responsible bid for the
construction of the 1974 Assessment Paving Program in the amount of
$105,445.00 was submitted by Sabre Asphalt Company, Wichita Falls, Texas.
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.
The bid of Sabre Asphalt Company, 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 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:
• s Page: 2
Phase I--1974 A.P.
ALMA STREET: From north property line of
McGregor Avenue to south
property line of Huff Avenue.
AVENUE Y: From west property line of
Arthur Street to 322 feet west.
CIRCLE DRIVE: From east property line of
Allen Road to west property
line of Richmond Drive.
DEERWOOD STREET: From north property line of
Victory Avenue to south property
line of Dayton Avenue.
MARSHALL STREET: From the north property line of
. Pearl Avenue to south property line
of Collins Avenue.
MARSHALL STREET: Adjacent to Lot 1, Block 3
Southland Addition
P.B. LANE: From 85 feet west of west property
line of Scottsdale Lane to west
property line of Gorman Road.
SECOND STREET: From east property line of Michigan
Avenue to west property line of
Lee Street.
THIRD STREET: From east property line of Michigan
Avenue to west property line of
Lee Street.
The estimated cost of improvements is $105,445.00. The separately
estimated amounts per foot to be assessed against abutting property and
the owners thereof for concrete curb and gutter is $2.25,for front paving rate
for 30' width street is $8. 17,for side paving rate for 30' width street is
$4.54.
•
Page: 3-.1 .
Phase I
1974 A.P.
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 __3rd day of "September, 1974 , 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
published in a newspaper a er ublished in the Cit y 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 awning 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 last known address of the respective 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.
V.
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.
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 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 August 1974
ATTEST: MA TE47
�..i/ i� x
City Clerk
Pg: 1
Phase I- 1974 A.P.
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 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 appur-
tenances; all of said improvements to be constructed as and where shown on the
plans and specifications therefor. Contract has been made and entered into with
Sabre Asphalt Company, Wichita Falls, Texas for the making and constructing of
such improvements.
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:
ALMA STREET: From north property line of
• McGregor Avenue to south
property line of Huff Avenue.
AVENUE Y: From west property line of
Arthur Street to 322 feet west.
CIRCLE DRIVE : From east property line of
Allen Road to west property
line of Richmond Drive.
DEERWOOD From north property line of
• STREET: Victory Avenue to south property
line of Dayton Avenue.
MARSHALL From the south property line of
STREET: Pearl Avenue to south property line
of Collins Avenue.
MARSHALL
STREET: Adjacent to Lot 1, Block 3
Southland Addition
P.B. LANE: From 85 feet west of west property
line of Scottsdale Lane to west
property line of Gorman Road.
SECOND STREET: From east property line of Michigan
Avenue to west property line of
Lee Street.
THIRD STREET: From east property line of Michigan
Avenue to west property line of
Lee Street.
Pg: 2-Notice
Phase I-'74 A.P.
The estimated cost of improvements is $105,445.00. The separately
estimated amounts per foot to be assessed against .abutting property and .
the owners thereof for concrete curb and gutter is $2.25, for front paving
rate for 30' width street is $8. 17, and for side paving rate for 30' width
street is $4.54.
A hearing will be given and held by and before the governing body c'.
the City of Wichita Falls, Texas, on the 3rd _ day of September 1974
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 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
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 7.06 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 take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the 6th day of August 1974. •
t��"
City Cler
•
•
ITO ALLTTYW ABUTO ABUTTING L UI,PON6 THE
HEREINAFTER DESCRIBED PORTIONS Affidavit of Publication
OF STREETS, AVENUES AND PUBLIC
PLACES IN THE CITY OF WICHITA'
FALLS, TEXAS AND TO ALL OWNING
OR CLAIMING ANY INTEREST IN THE STATE OF TEXAS
SUCH PROPERTY.
The Board of Aldermen of the City of
Wichita Falls, Texas has heretofore or- COUNTY OF WICHITA
dered that the hereinafter described por-
tions of streets, avenues, and public
places in the City of Wichita Falls, Tex-e')
as, be improved by raising, grading and
filling same and by further constructing 27th �11WSt
thereon the improvements hereinafter On this day of
specified to-wit:
Sixt(6) inches and hot mix asphaltic conf
sandstone sub-base. i A.D. 197 personally appeared. before me, the undersigned authority
crete curbs and gutters on proper
The above, together with combined On
-
Katherine grade Katherine Parrish
and line where same are not already so , bookkeeper
constructed, together with storm sewers,
concrete
necessary incidentals dand lappurtenances;
all of said improvements to- he con- for the Times Publishing Company of Wichita Falls, publishers of the
strutted as and where shown on the plans
land specifications therefor. Contract has
been made and entered into with Sabre Wichita Falls Record News, a newspaper published at Wichita Falls in
Asphalt Company, Wichita Falls, Texas '
for the making and constructing of such
improvements.
Estimates of the cost of such Improve-
ments Wichita County, Texas, and upon being duly sworn by me, on oath states
for each portion of street, avenue
and approved.public place have been prepared and py g
that the attached,advertisement is a true and correct co of advertising
It is hereby found and determined that mb ��`
the cost t, improvements on each portion lijree l issues thereof ar. the following
of street, avenue and public place published In
hereinafter described,with the amount or
amounts per foot proposed to be assessed
for such improvements against abutting ' dates
property and the owners ihereof, are as August 13, 20, 27, 197
follows,to-wit:
ALMA STREET: From north property
line of McGregor Avenue to south proper-
ty
AVENUE of Huff Avenue.•
AVENUE Y: From west property line of I
Arthur Street to 322 feet west. ��--�=•'� { -
CIRCLE DRIVE: From east property line
of Allen Road to west property line of
Richmond Drive. Bookkeeper for Times Publishing Company
DEERWOOD STREET: From north pro-
perty of Wichita Falls
line of Victory Avenue to south
property line of Dayton Avenue.
MARSHALL STREET: From the south '
property line of Pearl Avenue to south
property line of Collins Avenue. Subscribed and sworn to before me this the day and year first above
MARSHALL STREET: Adjacent to Lot 1, AL) written.
Block 3 Southland.Addition
P.B. LANE: From 85 feet west of west /'
property line of Scottsdale Lane to west
property line of T: From Road.
, /./ -/
SECOND STREET: From,east ' - .� f i
property
line of Michigan Avenue to west property
line of Lee.Street. -�� - -
THIRD line of Michigan Avenue to west property r r
line of Lee Street.
The estimated'cost of improvements Is
5105,445.00. The separately estimated
amounts per foot to be assessed against
abutting property and the owners thereof
for concrete curb and gutter is $2.25, for
front paving rate for 30' width street Is
$8.17, and for side paving rate for 30'
width street is$4.54.
A hearing will be given and held by and
before the governing body of the City of
Wichita Falls, Texas, on the 3rd day of
September 1974 at 10:00 a.m. in the Coun-
cil Room of the Memorial Auditorium
iBuilding, 1300 Seventh Street in the City
of Wichita Falls,Texas,for all owning or
claiming any property abutting upon said
places and to a
portions
es streets,all or gn claiming I
interest in such property. At said gtime
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 i
Istreets, avenues, and public places upon
which the property abuts, and concerning
the regularity,validity,and sufficiency of I
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 Acts es
of said Sessions, together 10
the with
any and all amendments thereto,said Act
now being known as Article 1105b of Ver-
non's Texas Civil Statues,which has been
made a part of the Charter of the City of
Wichita Fails, Texas.
Of all said matters and things,all owning
or claiming to own any sucn property or
any interest therein, as well as all others
in anywise interested or affected will take
notirn