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Ord 2693 3/7/1972 • ORDINANCE NO. ; AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOOP 11 FROM U. S. HIGHWAY NO, 82-277 TO U. S. HIGHWAY NO. 287 IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY 'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER 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 STATUTES; 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 ALDER- MEN 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 Loop 11 in the City of Wichita Falls , Texas and the same have been examined by the City Engineer of the City of Wichita Falls and found to be in all matters and things proper and in accordance with an agreement dated November 29, 1971 , with the City of Wichita Falls and the State Highway Commission reflected by State Highway Department Minute Order No. 65469, NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; 1 . 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 Loop 11 in the City of Wichita Falls , Texas, to-wit: A portion of Loop 11 from the North property line of U. S, Highway No. 82-277 to the south property line of U. S. Highway No. 287. 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 costs 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 as reflected by the prey viously mentioned agreements. 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 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. 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 72 DAY OF )9 ; MAY R ATTEST: • I ♦ t i�a AMC. City Clerk NOT I C E THE STATE OF TEXAS . 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 street in the City of Wichita Falls , Wichita County, Texas be improved and that a portion of the cost of such improvement is 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 : A portion of Loop 11 from the north property line of U. S. Highway No. 82-277 to the south property line of U. S. Highway No. 287. 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 /2)4 Day of /� e��� 19 7.,2 .c.�Q yor ATTEST: , City Clerk 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. Kenneth Hill 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 AND AND SEAL OF OFFICE THIS THE /A, Day of 19 aee-a,Z.1 Notary Public in and for Wichita County, Texas. EVELYN M. LESH Notary Public in and foe Wichita CountY, Texaa