Ord 2617 9/15/1970 ORDINANCE NO. A'9//7
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF TIll COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING FOR A PORTION OF FM-369 (SOUTHWEST PARK-
WAY) IN TILE 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 HEAR-
ING: AND DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORD-
INANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE
BOARD OF ALDERMEN AND BY FILING THE COMPLETE ORDINANCE IN TILE
APPROPRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING AN EFFECTIVE
DATE; PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLAR-
ING AN EMERGENCY;
WIIEIRAS, 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:
An asphaltic 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 incdentals 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;
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 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:
I.
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:
FM. Highway 369 (Southwest Parkway) from
the west property line of Barnett Road to
the west property line of G-cegg Road.
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutter is $1.65.
,
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 own-
ing or claiming aay interest in any such property. Such hearing shall he given ,
and held on thefe.,41 day of 0.e.724j-- ,J0:00 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 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.
• IV.
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.
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, con-
stitutes and create-s 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 T H I S/r 5 W,DAY OF 19)7e)•
ATTEST: MAYOR
_ / � ! .
�' Y C iER i. •
•
N O 'C i C H
TO ALL OWNING—OR CLAIMING ANY PROPERTY ABUTTING UPON TIED
HEREINAFTER DESCRIBED PORTIONS OF STREETS, AVENUES AND
PUBLIC PLACES IN '.CllE CITY OF WICHITA FALLS, TEXAS, AND
TO ALL OWNING OR CLAIMING ANY INTEREST TN 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 sae and by further constructing
thereon the improvements hereinafter specified to-wit:
An asphaltic 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 a. d 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 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-rit:
•
FM Highway 369 (Southwest Parkway)
from the west property line of
Barnett Road to the west property
line of Gregg Road.
The estimated amount per front foot to be assessed against abutting
property and the owners thereof for combined concrete curb and gutter is
$1.65 which is the total estimated amount per front foot to be assessed
against abutting property and the owners thereof.
A hearing will—be given :n d held by and before the governing body of
the City of Wichita Falls, Texas , on the rekday of , l `'f'Q
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 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 regulariLy, 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 arc 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 � ��� .' � - 1970 .
ii / '
City Clerk