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Ord 2641 2/16/1971 2 _/‘_21 ORDINANCE NO. Cl/ AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING FOR A PORTION OF THE 1971 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION, 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 folling to-wit: One and one-half (1-1/2) inches of hot mix asphaltic concrete surface and six (6) inches of cement stabil- ized 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, concrete driveway approaches and other necessary incidentals and appurtenances; all of said improvements to be con- structed 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 in the amount of $36, 155.00 was submitted by Timmins and Anderson, 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 improvements and estimates of the amounts per front foot proposed to be assessed against abutting property and 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 Timmins and Anderson, 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 hereinafter described with the amount or amounts per front foot or per square foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit: -2- JACQUELING ROAD From the east property line of North Beverly Drive to 125 feet east of the east property line of Ross Lane. ROSS LANE From the south property line of Jacqueline Road to 300 feet south. POWELL LANE From the south property line of Jacqueline Road to 300 feet south LOBBAN LANE From the south property line of Jacqueline Road to 300 feet south The estimated cost of improvements is $36,155.00. The separately estimated amounts per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $1.60 for concrete sidewalks is $2.00. The assessment for concrete driveway approach is $0.70 per square foot. 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 March, 1971 ,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 previsions 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 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. • -3- 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 measure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED THIS /'c Z`t, DAY _at„, ATTEST: 71""<"'"1- 1--1-12` MAYOR • p .ii - 4 - 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 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: One and one-half inches (1-1/2) inches of hot mix asphaltic concrete surface and six (6) inches of cement stabilized 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, concrete driveway approaches and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Pland and Specifications there- for. 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 improve- ments against abutting property and the owners thereof, are as follows to-wit: JACQUELINE ROAD: From the east property line of North Beverly Drive to 125 feet east of the east property line of Ross Lane ROSS LANE: From the south property line of Jacqueline Road to 300 feet south. POWELL LANE: From the south property line of Jacqueline Road to 300 feet south. LOBBAN LANE: From the south property line of Jacqueline Road to 300 feet south. The estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $1.60, for concrete sidewalk is $2.00. The assessment amount for concrete driveway approach is $0.70 per square foot to be assessed againt abutting property and the owners thereof. - 5 - A hearing will be given and held by and before the governing body of the City of Wichita Falls, Texas , on thel6th day of March , 1971 , at 10:00 o'clock 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 improve- ments, 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 regularity, validity, and sufficiency of the con- tract for and all proceedings 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 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 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 /16 day of Ir 19 . City Clerk „ { r.. Affidavit of Publication nOTISE ► TO;'.14L q�/NNititO O C'L lMFNG�•ANY PR EtR A TT NG'% UPON THE I THE STATE OF TEXAS HEREINAFTER DESCRIBED PORTIONS OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA COUNTY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING OR CLAIMING ANY INTEREST IN re) SUCH PROPERTY; The Board of Aldermen of the City March rch of Wichita Falls, Texas has heretofore y Ma ordered that the hereinafter described On tl!Is day of , portions of Streets, Avenues, and public places In the City of Wichita Falls, Texas, be improved by raising, grading A.D. , 1971 personally appeared before me, the undersigned authority and filling same and by further construct. 1� Y Pp Y I Ing thereon the Improvements hereinafter specified to-wit: Katherine Parrish One and one-half inches 01/2) Inches ! , bookkeeper of hot mix asphaltic concrete surface and six (6) inches of cement stabilized base. The above, together with combined con- for the Times Publishing Company of Wichita Falls, publishers of the crete curbs and gutters on proper grade and line where same are not already so constructed, together with storm Wichita Falls Record News, a newspaper published at Wichita Falls in sewers, drains, concrete sidewalks, con- crete driveway approaches and other necessary incidentals and appurtenances; Wichita County, Texas, and upon being duly sworn by me, on oath states all of said improvements to be con- , structed as and where shown on the Plan and Specifications therefor. ' that the attached.advertisement is a true and correct copy of advertising Estimates of the cost of such improve- :ments for each portion of Street,Avenue, and public place have been prepared Three ) and approved, published i 3 n.... .issues thereof on the following It is hereby found and determined that the cost of improvements on each dates: portion of street, avenue, and public place hereinafter described, with the February 18, 1971 February 25, 1971 March 4, 1971 ;amount or amounts per front foot propos• ed to be assessed for such Improvements against abutting property and the owners thereof,are as follows to-wit: JACQU'ELIN'E ROAD: From the east property line of North Beverly Drive to 125 feet east of the east property Bookkeeper for Times Publishing Company line of Ross Lane g p an Y ROSS LANE: From the south property line of Jacqueline Road to 300 feet of Wichita Falls south. POWELL LANE: From the south proper- ty line of Jacqueline Road to 300 Subscribed and sworn to before me this the day and year first above feet south. LOBBAN LANE: From the south proper- ty line of Jacqueline Road. to 300 L) written. feet south. The estimated amount per front foot (;;) to be assessed against abutting property and the owners thereof for combined ��� concrete curb and gutter is $1.60, for , //� concrete sidewalk Is $2.00. The ment oachmountS0.70r per square driveway L. Mario Collins, Notary PUbl/e be assessed against abutting property In and For Wichita Count and the owners thereof. yf fi82Cd$ 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 March, 1971, at 10:00 o'clock a.m. in the Council Room of the Memorial Auditorium Building, 1300 Seventh Street in the City of Wichita Fells, Texas, for all owning or claiming any property abutting upon said portions of streets, avenues and public plates and to all owning or claiming any interest In such property. At said time i 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 concerning the regularity, validity, and sufficiency of the contract for and all proceedings relating to such improve- ments 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 abut- ting 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 I 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,-I 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 16th day of February 1971. &Wilma J.Thomas,City Clerk.