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Ord 2616 9/15/1970 • a ORDINANCI NO. / , AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF FM-369 (SOUTHWEST PARKWAY) FROM THE WEST PROPERTY LINE OF BARNETT ROAD TO THE WEST PROPERTY LINE OF GREGG ROAD 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 CUTTER AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEERS TO PROPARE 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- MENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF T,.XAS, CHAPTER 106, AS AMENDED, COMMONLY KNOWN AS ARTICLE 1105B OF VERNONS 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 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 Farm to Market Road 369 (Southwest Parkway) 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 agree- ment dated September 15, 1970, with the City of Wichita Falls and the State High- way Commission reflected by State Highway 'Department Minute Order No. 64173, NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. 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 Farm to Market Road 369 (Southwest Parkway) in the City of Wichita Falls, Texas, to-wit: A portion of FM-369 (Southwest Parkway) from the west property line of Barnett Road to the west property line of Gregg Road. 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 , 11 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 previously mentioned agreements. 1V. The improvements provided for herein shall be made end constructed, notice given, hearing Fad 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 amender' , 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 1220 a 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 condi- tions of su-. 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 An APPROVED THIS /,51e1 DAY 0 an,.:.,,,,41rIA1, !' 1970 MAYOR • ATTEST: / / CITY C1y; ;1c r ' N O T I C E TILE STATE OF TEXAS X COUNTY OF WICHITA X 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 FM 369 (Southwest Parkway) from the west property line of Barnett Road to the west property line of Gregg Road 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 /‘t‘ day of .�i,���/�. / � 197 MAYOR 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 person-illy appeared Mr. Kenneth Hill known to me to he the person whose name is subscribed to the foregoing instrument, and acknowledge,'_ to me that he executed the s,...:e as the act and deed of the City of Wichita Falls, a municipal corporation of Wichita County, Texas, and as the Mayor ther: :,f, and for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS THE /,5— day of t 4 I' 19 %7C Notnry PubliZ in and for Wichita County, Texas 1►taar -*SI+ Affidavit of Publication } ,, ii-E:74,, .,;' T(8.ALL OWNING OR CkAWNG A�IY HEREIINA TERBDESCRBED PORTIONS IONS THE STATE OF TEXAS OF, STREETS, AVENUES AND PUBLIC COUNTY _ FALLS,STEXAS,�AN'DITO ALL OWNING CO�V1�i l OF 'WICHITA OR CLAIMING ANY INTEREST IN I SUCH PROPERTY; f) The Board of Aldermen of the City of Wichita Falls, Texas has heretofore : First October ordered that the hereinafter described On this • day of portions of Streets, Avenues, and public places in the City of Wichita Falls,, Texas, be Improved by raising, grading : 1970 and filling same and by further con-1! A.D. . . personally appeared before me, the undersigned authority strutting thereon the improvements 1 hereinafter specified to-wit: An. asphaltic concrete pavement with Katherine Parrish , bookkeeper variable width median divider. The above, together with combined I concrete curbs and gutters on proper grade and line where same are not storm sewers and drains and other for the Times Publishing Company of Wichita Falls, publishers of the already so constructed, together with necessary incidentals and appurtenances; all of said improvements to be con- Wichita Falls Times, a n e w s p ape r published in Wichita Falls in strutted as and where shown on the Plans and Specifications therefor. Estimates of the cost of such improve- Wichita County, Texas, and upon being duly sworn by me, on oath states ments for each portion of Street,Avenue, and public place have been prepared and approved. I that the attached advertisement is a true and correct copy of advertising It is hereby found and determined that the cost of improvements on each I portion of street, avenue, and public Three place hereinafter described, with the published in . , _ _ .. _- issues thereof on the following amount or amounts per front foot propos- ed to be assessed for such improvements dates: against abutting property and the owners , 1.,,, p FM Highway as follows,outhwest Parkway) ' September 18, 1970 September 25, 1970 October 1, 1970 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 ■ 4 and the owners thereof for combined concrete curb and gutter is $1.65 which Bookkeeper for Times Publishing Company is the total estimated amount per front, foot to be assessed against abutting of Wichita Falls 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 Subscribed and sworn to before me this the day and year first above the 8th day of October, 1970 at 10:00 ` A.M. in the Council Rocm of the L) written. Memorial Auditorium Building, 1300 Se- venth 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 �, 41'1. �_y% and to all owning or claiming any +� `�i- �{-"`"'"`�`'-`'— s 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 I, heard concerning said improvements, the costs thereof, the amounts to be assessed therefor, the benefits to the respective is parcels of abutting property by means I. 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-I', ments and proposed assessments therfor,i. and concerning any matter as to which I. they are entitled to hearing under the I' law in force in the City and under I; the proceedings of the City with reference II 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 with any and"all amendments thereto, said Act now being known as Article 1 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 l 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 15th day of September 1970. s/Wilma .1. Thomas, City Clerk • /1.