Ord 2703 4/10/1972 ORDINANCE NO. c 7t0,___
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF
THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF
AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT
VARIOUS STREETS DESIGNATED AS THE 1972 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 DIRECTING 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 THE COMPLETE ORDINANCE IN THE APPROPRIATE
ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFEC-
TIVE 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 portions 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 following 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 accord-
ance with the plans and specifications therefor; and notice for bids having been
advertised the lowest responsible bid in the amount of $204,190.00 was submitted
by Sabre Asphalt Company, Wichita Falls, Texas.
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 improve-
ments and estimates of the amount per front 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 front foot or per square foot proposed to be assessed for improve-
ments against abutting property and the owners thereof, are as follows, to-wit:
- 2 -
AVENUE C: From the east property line of
Monroe Street to the west property
line of Tyler Street.
AVENUE E: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE E: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE E: From the east property line of
Kemp Boulevard to the west property
line of Fillmore Street. .
AVENUE E: From the east property line of
Polk Street to the west property
line of Monroe Street.
AVENUE E: From the east property line of
Taylor Street to the west property
line of Polk Street.
AVENUE F: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE F: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE F: From the east property line of
Taylor Street to the west property
line of Polk Street.
AVENUE G: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE G: From the east property line of Kemp
Boulevard to the west property line
of Kemp-Fillmore Alley
AVENUE I: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE I: From the east property line of .
Fillmore Street to the west property
line of Taylor Street.
AVENUE I: From the east property line of
Giddings Street to the west property
line of Alle y East of Britain Street.
AVENUE I: From the east property line of
Polk Street to the west property line
of Monroe Street.
AVENUE I: From the east property line of
Taylor Street to the west property
line of Polk Street.
- 3 -
AVENUE J: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE J: Adjacent to Lots 4 & 5, Block 14 and
Lot 1, Block 16, West Side addition
to Floral Heights Addition
AVENUE M: From the east property line of Kemp
Boulevard to the west property line
of Fillmore Street.
AVENUE U: From the west property line of Grant
Street to the west property line of
Garfield Street.
BAYLOR AVENUE: From the north property line of
McGregor Avenue to the south property
line of Pearl Avenue.
BAYLOR AVENUE: From the north property line of Pearl
Avenue to the south property line of
Collins Avenue.
BAYLOR AVENUE: From the north property line of Wilson
Avenue to the south property line of
McGregor Avenue.
BROAD STREET: From the south property line of Twenty-
Fifth Street to the north property line
of Twenty Sixth Street.
CLARK STREET: From the south property line of Lucile
Avenue to the north property line of
Collins Avenue.
COLQUITT ROAD: From the south property line of Revere
Avenue to south lot line of lot 7, Block
8, John W. Thomas sub-division.
DEERWOOD STREET: From the south property line of Victory
Avenue .to the north property line of
Speedway Avenue.
DENVER AVENUE: From the north property line
of Collins Avenue to the south
property line of Lucile Avenue.
DENVER AVENUE: From the north property line of
McGregor Avenue to the south property
line of Pearl Avenue.
DENVER AVENUE: From the north property line of
Pearl Avenue to the south property
line of Collins Avenue.
DUVAL STREET: From the south property line of
Dayton Avenue to the north property
line of Ardath Avenue.
FARRIS STREET: From the south property line of
Fourth Street to the north property
line of Fifth Street.
FARRIS STREET: From the south property line of
Third Street to the north property
line of Fourth Street,
- 4
GARFIELD STREET: From the south property line of
Avenue U to the north property line
of Avenue V.
HAWTHORNE STREET: From the east property line of Perigo
Street to the east property line of
Block 2, Cherokee Addition.
KENTUCKY STREET: From the south property line of Kell
Boulevard to the north property line
of Chester Avenue.
MADISON STREET: From the west property line of East-
side Drive (State 240) to the east
property line of Burkburnett Road.
NORTH FOURTH STREET: From the west property line of North
Brook Avenue to the east property
line of North Broadway.
PRINCETON STREET: From the south property line of
Twenty-Fifth Street to the north
property line of Twenty-Sixth Street.
SECOND STREET: From the west property line of East-
side Drive (State 240) to the east
property line of Lee Street.
SPISER LANE: From the south property line of Jarmon
Street to the south property line of
Lot 3, W. H. Spiser Sub-Division.
TILDEN STREET: From the south property line of Avenue
L to the north property line of Kenesaw
Avenue.
TILDEN STREET: From the north property line of Avenue
L to the south property line of Kessler
Avenue.
The estimated cost of improvements is $204,190.00. The separately
estimated amounts per front foot to be assessed against abutting property and the
owners thereof for concrete curb and gutter is $1.75 for front paving rate for
30' width street is $4.97 for side paving rate for 30' width street is $2.76.
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 16th day of May, 1972 , 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 awning 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 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,ssit Y� 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 f� DAY OF �,ei 1972.
AM
ATTEST: MAYOR
1
/_ `Lim ! /a //err✓ -�
City Clerk
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 front foot proposed to be assessed for such improvements against
abutting property and the owners thereof, are as follows, to-wit:
AVENUE C: From the east property line of
Monroe Street to the west property
line of Tyler Street.
AVENUE E: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE E: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE E: From the east property line of
Kemp Boulevard to the west property
line of Fillmore Street.
AVENUE E: From the east property line of
Polk Street to the west property
line of Monroe Street.
AVENUE E: From the east property line of
Taylor Street to the west property
line of Polk Street.
- 2 -
AVENUE F: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE F: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE F: From the east property line of
Taylor Street to the west property
line of Polk Street.
AVENUE G: From the east property line of
Fillmore Street to the west property
line of Taylor Street.
AVENUE G: From the east property line of Kemp
Boulevard to the west property line
of Kemp-Fillmore Alley
AVENUE I: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE I: From the east property line of _
Fillmore Street to the west property
line of Taylor Street.
AVENUE I: From the east property line of
Giddings Street to the west property
line of Alley East of Britain Street.
AVENUE I: From the east property line of
Polk Street to the west property line
of Monroe Street.
AVENUE I: From the east property line of
Taylor Street to the west property
line of Polk Street.
AVENUE J: From the east property line of
Buchanan Street to the west property
line of Kemp Boulevard.
AVENUE J: Adjacent to Lots 4 & 5, Block 14 and
Lot 1, Block 16, West Side addition
to Floral Heights Addition
AVENUE M: From the east property line of Kemp
Boulevard to the west property line
of Fillmore Street.
AVENUE U: From the west property line of Grant
Street to the west property line of
1 Garfield Street.
- 3 -
BAYLOR AVENUE: From the north property line of
McGregor Avenue to the south property
line of Pearl Avenue.
BAYLOR AVENUE: From the north property line of Pearl
Avenue to the south property line of
Collins Avenue.
BAYLOR AVENUE: From the north property line of Wilson
Avenue to the south property line of
McGregor Avenue.
BROAD STREET: From the south property line of Twenty-
Fifth Street to the north property line
of Twenty Sixth Street.
CLARK STREET: From the south property line of Lucile
Avenue to the north property line of
Collins Avenue.
COLQUITT ROAD: From the south property line of Revere
Avenue to south lot line of lot 7, Block
8, John W. Thomas sub-division.
DEERWOOD STREET: From the south property line of Victory
Avenue to the north property line of
Speedway Avenue.
DENVER AVENUE: From the north property line
of Collins Avenue to the south
property line of Lucile Avenue.
DENVER AVENUE: From the north property line of
McGregor Avenue to the south property
line of Pearl Avenue.
DENVER AVENUE: From the north property line of
Pearl Avenue to the south property
line of Collins Avenue.
DUVAL STREET: From the south property line of
Dayton Avenue to the north property
line of Ardath Avenue.
FARRIS STREET: From the south property line of
Fourth Street to the north property
line of Fifth Street.
FARRIS STREET: From the south property line of
Third Street to the north property
line of Fourth Street.
GARFIELD STREET: From the south property line of
Avenue U to the north property line
of Avenue V.
HAWTHORNE STREET: From the east property line of Perigo
Street to the east property line of
Block 2, Cherokee Addition.
- 4 -
KENTUCKY STREET: From the south property line of Kell
Boulevard to the north property line
of Chester Avenue.
MADISON STREET: From the west property line of East-
side Drive (State 240) to the east
property line of Burkburnett Road.
NORTH FOURTH STREET: From the west property line of North
Brook Avenue to the east property
line of North Broadway.
PRINCETON STREET: From the south property line of
Twenty-Fifth Street to the north
property line of Twenty-Sixth Street.
SECOND STREET: From the west property line of East-
side Drive (State 240) to the east
property line of Lee Street.
SPISER LANE: From the south property line of Jarmon
Street to the south property line of
Lot 3, W. H. Spiser Sub-Division.
TILDEN STREET: From the south property line of Avenue
L to the north property line of Kenesaw
Avenue.
TILDEN STREET: From the north property line of Avenue
L to the south property line of Kessler
Avenue.
The estimated cost of improvements is $204,190.00. The separately
estimated amounts per front foot to be assessed against abutting property and the
owners thereof for concrete curb and gutter is $1.75 for front paving rate for
30' width street is $4.97 for side paving rate for 30' width street is $2.76.
- 5 -
A hearing will be given and held by and before the governing body of
the City of Wichita Falls, Texas, on the 16th. day of May, 19,2_
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 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 take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the �� day of 1/24-61 1972 A.D.
)
City Clerk
Affidavit of Publication
:Thomas sub-d sion.
lh
'T. MINE b 1 . . THE STATE OF TEXAS
PROPeart AB`UlStt s
HEREINAFTER DE$CRt • ,
OF STREETS, AVENUES AND PUBLIC t COUNTY OF WICHIT'A.
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 I
'of Wichita Falls, Texas has heretofore 071 this is . 3 day of ay
fYordered that the hereinafter
described portions of streets, avenues,
and l -, Texas,places in improved City of raising, I A.D. 1972 . personally appeared before me, the undersigned authority
Falls, Texas, be improved by raising, i i
grading and filling same and by further i
op constructing thereon the improvements
hereinafter specified to-wit: Parrish , bookkeeper
Six (6) inches of hot mix asphaltic
P' concrete surface and four (4) inches
of sandstone sub-base.
The above, together with .combined I
Yotterele curbs ana;g ,, xi carat { for the Times Publishing Company of Wichita Falls, publishers of the
groin Coin `;Iiw @tep 'g q=9.3--'' .:14,--
Amer- . ry,:.;.p ten o f a r;1•l
aPPurttgagclst•ai of sa(d.,improvetnen-'i Wichita Falls Record News, a newspaper published at Wichita Falls in
to be constructed as and where shown'
on the plans and specifications therefor.
'Contract has been made and entered r Wichita County, Texas, and upon being duly sworn by me, on oath states
into with Sabre Asphalt Company,Wichita
Falls, Texas for the making and con-,
ising
Estimates of the cost of such improve-i;
ments for each portion of street, avenue 1
and public place have been prepared and published Three \J issues thereof or. the following
approved. i ublishediny,._
It is hereby found and determined
that the cost of improvements on each I dates
portion of street, avenue and public I �} A 1 the I
place
mount orramounts percfront footipropos-
ed to be assessed for such improvements ' 1
against abutting property and the owners
thereof,are as follows,to-wit: �-q
AVENUE C: From the east /; 6-14---1,—Z'
Tine of Monroe Street to therms west I +�' .-'�" .,,,, ', ✓ ""'
property line of Tyler Street. II
AVENUE E: From the east property
line of Buchanan Street to the west Bookkeeper for Times Publishing Company
1
property line of Kemp Boulevard. I of Wichita Falls
AVENUE E: From the east ro line of Fillmore Street to the west II
!property line of Taylor Street.
AVENUE E: From the east property
line of Kemp Boulevard to the west Subscribed and sworn to before me this the day and year first above
Property line of Fillmore Street. i
AVENUE E: From the east property �� written.
line of Polk Street to the west property
line of Monroe Street.
AVENUE E From the east property
�..e. �., Fora
unmet $ . //:LA'' A f,
Garcon C. Walker, .Jr., Notary Pui�lic
in & for Wichita County, Texas