Ord 2667 9/21/1971 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOOP
473 FROM THIRTIETH STREET TO CHRISTINE STREET IN THE CITY
OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE FACT THAT APPRO-
PRIATIONS 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 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 IMPROVE-
MENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS,
CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B OF
VERNON' S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY CLERK TO
ENGROSS AND ENROLL THIS )RDINANCE 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.
WHEREAS, the Texas Highway Department has prepared plans and speci-
fications for the improvement of the hereinafter described portions of Loop
473 (Old Jacksboro Highway) 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 June 28, 1971 , with the City of Wichita Falls and the State
Highway Commission reflected by State Highway Department Minute Order No.
64878, NOW THEREFORE:
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
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 473 (Old Jacksboro Highway) in the City of Wichita
Falls , Texas , to-wit:
A portion of Loop 473 (Old Jacksboro Highway) from the south property
line of Thirtieth Street to the north property line of Christine 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 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 pre-
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 11058
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 oZ 4 i DAY OF 9 7/
•
MAY R
ATTEST:
City Clerk
t s
N O T 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 473 (Old Jacksboro Highway) from the south property
line of Thirtieth Street to the north property line of Christine 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
c 14t Day of ,I 19 7/
•
May r
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 HAND AND SEAL OF OFFICE THIS THE ( ,7/ t Day of
•- 144.• 197/
Notary Public in and for
Wichita County, Texas
Notary ' L H
M.
Y Public in•
and for
Wictu County, Texas