Ord 2668 9/21/1971 •
ORDINANCE NO. AV
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO RE ASSESSED
FOR ASSESSMENT PAVING FOR A PORTION OF LOOP 473 (OLD JACKS-
BORO HIGHWAY) 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 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 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 street in the City of
Wichita Falls , Texas , be improved by raising, grading and filling same and
by constructing thereon the following to-wit :
A concrete pavement with a variable width median divider.
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
improvements and estimates of the amounts 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;
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 street 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 :
Loop 473 (Old Jacksboro Highway) from the south property
line of Thirtieth Street to the north property line of
Christine Street .
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutter is $1 . 76.
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 owning or claiming any interest in any such property. Such hearing
shall be given, and held on the 19th day of October, 1971 , at 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 pub-
lication 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 pro-
visions 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 person 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 in-
terested 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 ordi-
nance 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, 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 immedi-
ately from and after its passage.
PASSED AND APPROVED THIS2/,LDAY OF 1.9 7�
•
M OR
ATTEST:
City Clerk
N O T 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 im-
proved by raising, grading and filling same and by further constructing
thereon the improvements hereinafter specified to-wit :
A concrete pavement with variable width median divider.
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 f
o such improvements for each P ortion 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 :
Loop 473 (Old Jacksboro Highway) from the south property line
of Thirtieth Street to the north property line of Christine
Street.
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutter is
$1 .76, 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 19th day of October, 1971 ,
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 prop-
erty, 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 regu-
larity, validity, and sufficiency of the contract for and all proceedings
relating to such improvements and proposed assessments therefor, and con-
cerning 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 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 1105B of
l
Vernon's Texas Civil Statutes , 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
interested or affected will take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas , the c2V.d.Z4 1 day of vim /ems` 19 7l .
City Clerk
t.02M14001 , 1,-; Affidavit of Publication
TO ALL OWNING OR CLA ,. -Iy {,
PROPERTY ABUTTING U ." ("1;a
P
HEREINAFTER DESCRIBED' •RTI•
OF STREETS, AVENUES OF PUBLIC:. THE STATE OF TEXAS
PLACES IN THE CITY OF WICHITA 1
FALLS, TEXAS,AND TO ALL OWNING
OR CLAIMING ANY INTEREST -IN•
SUCH PROPERTY; COUNTY OF WICHITA
The Board of Aldermen of the City
of Wichita Falls, Texas has heretofore le
ordered that the hereinafter described i
portions of Streets, Avenues, and public l ? t pi
places in the City of Wichita Falls, , On this day of aent,embeer
Texas, be Improved by raising, grading
and filling same and by further con-
structing thereon the improvements
hereinafter specified to-wit: A.D. x573- . personally appeared before me, the undersigned authority
A concrete pavement with variable width
median divider.
The above, together with combined con-
crete Parrish curbs and gutters on proper grade
and line where same are not already
so constructed, together with storm
sewers and drains and other ; all of for the Times Publishing Company of Wichita Falls, publishers of the
incidentals. and appurtenances; all/of
said improvements to be constructed ,
as and where shown on the Plans
and Specifications therefor. Wichita Falls Record News, a newspaper published at Wichita Falls in
Estimates of the cost of such improve-
ments Ii
for each portion of Street,Avenue,
and public place have been prepared Wichita County, Texas, and upon being duly sworn by me, on oath states
and approved. •
It is hereby found and determined
that the cost of Improvements on each that the attached.advertisement is a true and correct copy of advertising
portion of street, avenue, and public
place hereinafter described, with the
amount or amounts per front foot propos-
ed to be assessed for such improvements published in._ One_
against abutting property and the owners
thereof,are as follows,to-wit: dates:
Loop 473 (Old Jacksboro Highway) from
the south property line of Thirtieth �pt,pp};P.r �i
Street to the north property line of j ,
Christine Street.
The estimated .gamount per front frog ,Q2.---1-41,—,.. ,
to be assessed against abutting property
and the owners thereof for combined G' �'.-}s_,,,..✓ ,/ ..concrete curb and gutter is 51.76, which
is the total estimated amount per front j
foot to be assessed against abutting Bookkeeper for Times Publishing Company
!, ..t
property and the owners thereof. I of Wichita Falls
A hearing will be given and held i
by and before the governing body of
the City of Wichita Falls, Texas, on
the 19th day of October, 1971, at 10:00. Subscribed and sworn to before me this the day and year first above
A.M. in the Council Room of the.
Memorial Auditorium Building, 1300 Se-Ip \ wrlttEn.
venth Street In the City of Wichita L,
Falls, Texas, for all owning or claiming
any property abutting upon said portions J2 - / ".
of streets, avenues and public places t,
and to all owning or claiming any '
Interest in such property. At said time - � YJ_ _ _ - - r
and place, all owning or claiming
any such property, or any Interest r ,r„,,.,
therein, shall be and appear and will s .1 +'1- LFV1 j
be fully heard concerning said improve- ._,,...; J
ments, the costs thereof, the amounts ,, -.-_ -, „ -- 772aas
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 proper-
ty abuts, and concerning the regularity,
validity, and sufficiency of the contract
for and all proceedings relating to
such improvements and proposed assess- j
ments therefor, and concerning any mat- I
ter 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, assess-
ments will be levied against abutting
property and the owners thereof, and
such assessments when levied, shall
be a personal liability of the owners 1
of such property, and a first and i
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
11058 of Vernon's Texas Civil Statutes,II
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 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 September 1971. s
Wilma J. Thomas, City Clerk i