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Ord 2596 6/2/1970 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS STREETS DESIGNATED AS A PORTION OF THE 1970 ASSESSMENT PAVING PROGRAM 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 portions of streets, avenues, and public places in the City of Wichita Falls, Texas, be improved by raising, grading, and filling same and by constructing thereon the following to-wit: Six (6) inches of hot mix asphaltic concrete surface and four (4) inches of sandstone sub-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, 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; and notice for bids having been advertised the lowest responsible bid in the amount of $281,796.29 was submitted by R.O. Green Construction Company, 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 amount 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. s The bid of R.O. Green Construction Company, 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, avenue, and public place hereinafter described, with the amount or amounts per front foot or per square foot proposed to be assessed for improvements against abutting property and the owners thereof, are as follo ,;, to-wit: • ARTHUR STREET: From the south property line of Avenue Z to the south property line of Arizona Avenue AVENUE B: From the east property line of Taylor Street to the west property line of Monroe Street AVENUE C: From the east property line of Buchanan Street to the west property line of Fillmore Street AVENUE C: From the east property line of Taylor Street to the west property line of Polk Street. AVENUE D: From the east property line of Kemp Boulevard to the west property line of Monroe Street AVENUE G: From the west property line of Garfield Street to the east property line of Tilden-Grant Alley AVENUE G: From the east property line of Grant Street to the west property of Kemp Boulevard AVENUE J: From the east property line of Arthur Street to the west property line of Garfield Street AVENUE J: From the east property line of Taylor Street to the west property line of Polk Street AVENUE L: From the east property line of Taylor Street to the west property line of Polk Street AVENUE N: From the east property line of Grant Street to the west property line of Kemp Boulevard AVENUE V: From the west property line of Arthur Street to the west property line of Grant Street AVENUE Y: From the east property line of Arthur Street to the west property line of Grant Street. BARWISE STREET: From the east property line of Owen Avenue to the south property line of Eastside Drive • BROOK AVENUE: East Service Road of expressway to the north property line of Second Street BUCHANAN STREET: From the north property line of Avenue "T" to the south property line of Kell Boulevard DENVER AVENUE: From the north property line of Elizabeth • Avenue to the south property line of Huff Avenue DUVAL STREET: From the south property line of Ardath Avenue to the north property line of Victory Avenue FIFTH STREET: From the east property line of Lee Street to the east property line of Farris Street HOLLY DRIVE: From the north property line of Twenty- Fourth Street to the south property line of Twenty Third Street HOMES AVENUE: From the north property line of Humphreys Street to the south property line of Eastside Drive JALONICK STREET: From the east property line of Texas Avenue to the east property line of Edwards Avenue JALMON STREET: From the west property line of Neta Lane to the east property line of Spiser Lane LAMAR STREET: From the north property line of Third Street to the south Bank of Big Wichita River. MCNIEL AVENUE: End of existing paving (Sta. 33+49) to the north property line of Call Field Road MILL STREET: From the north property line of Galveston Street to the north property line of Ft . Worth-Waco Alley MILL STREET: From the north property line of Whitney Street to south property line of Duncan Street. • NEFF STREET: From the north property line of Woods Street to the south property line of Roosevelt Street PERIGO STREET: End of existing pavement (Sta. 18+27) to the north property line of Hawthorne Street STAR AVENUE: From the north property line of Old Henrietta Highway to the south property line of East Scott. STRATFORD AVENUE: From the north property line of North Eighth Street to the south property line of North Ninth Street. TAYLOR STREET: From the north property line of Ninth Street to the south property line of Eighth Street THIRD STREET: From the west property line of Lamar Street to the west property line of Travis Street. TWENTY FIFTH STREET: From the east property line of Broad Street to the west property line of Jasper Street. TWENTY FOURTH STREET: From the east property line of Jasper Street to the east property line of Holly Street TWENTY-THIRD STREET: From the east property line of Jasper Street to the west property line of Bryce Boulevard (East Service Road Expressway south) TWENTY-SIXTH STREET: From the east property line of Princeton Avenue to the west property line of Jasper Street . VAN BUREN STREET: From the north property line of McGregor Avenue to the south property line of Pearl Avenue. The estimated cost of improvements is $281,796.29. The separately estimated amounts per front foot to be assessed against abutting property and the owners thereof for concrete curb and gutter is $1.55 for front paving rate for 30' width street is $4.68 for side paving rate for 30' width street is $2.60. 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 7th day of July, 1970, at 2:30 p.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. 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.dole&A,(DAY OF ,�,evya.7 19 7 p ATTEST: yOR i . CITY CLE.K 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 Alderman 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 improved by raising, grading and filling same and by further constructing thereon the improvements hereinafter specified to-wit: Six (6) inches of hot mix asphaltic concrete surface and four (4) inches of sandstone sub-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 and other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. Contract , has been made and entered into with R.O. Green Construction Company, Wichita Falls, Texas for the making and constructing of such improvements. 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-wit: ARTHUR STREET: From the south property line of Avenue Z to the south property line of Arizona Avenue AVENUE B: From the east property line of Taylor Street to the west property line of Monroe Street AVENUE C: From the east property line of Buchanan Street to the west property line of Fillmore Street AVENUE C: From the east property line of Taylor Street to the west property line of Polk Street. AVENUE D: From the east prcperty line of Kemp Boulevard to the west property line of Monroe Street AVENUE G: From the west property line of Garfield Street to the east property line of Tilden-Grant Alley AVENUE G: From the east property line of Grant Street to the west property of Kemp Boulevard AVENUE J: From the east property line of Arthur Street to the west property line of Garfield Street AVENUE J.: From the cast property line of Taylor Street to the west property line of Polk Street ; AVENUE L: From the east property line of Taylor Street to the west property line of Polk Street AVENUE N: From the east property line of Grant Street to the west property line of Kemp Boulevard • AVENUE V: From the west property line of Arthur Street to the west property line of Grant Street • AVENUE Y: From the east property line of Arthur Street to the west property line of Grant Street. BARWISE STREET: From the east property line of Owen Avenue to' the south property line of Eastside Drive BROOK AVENUE: East Service Road of expressway to the north property line of Second Street • BUCHANAN STREET: From the north property line of Avenue "T" to the south property line of 'Kell. Boulevard DENVER AVENUE: From the north property line of Elizabeth Avenue to the south property line of Huff Avenue DUVAL STREET: From the south property line of Ardath Avenue to the north property line of Victory Avenue FIFTH STREET: From the east property line of Lee Street to the east property line of Farris Street HOLLY DRIVE: From the north property line of Twenty- Fourth Street to the south property line of Twenty Third Street HOMES AVENUE: From the north property line of Humphreys Street to the south property line of Eastside Drive JALONICK STREET: . From the east property line of Texas Avenue to the east property line of Edwards Avenue JARMON STREET: From the west property line of Neta Lane to the east property line of Spiser Lane LAMAR STREET: From the north property line of Third • Street to the south Bank of Big Wichita River. MCNIEL AVENUE: End of existing paving (Sta. 33+49) to the north property line of Call Field Road MILL STREET: From the north property line of Galveston Street to the north property line of Ft. Worth-Waco Alley MILL STREET: From the north property Line of Whi.tiwy Street to south property line of Duncan SI li'ot . NEFF STREET: From the north property line of Woods Street to the south property line of Roosevelt Street PERIGO STREET: End of existing pavement (Sta. 18+27) to the north property line of Hawthorne Street STAR AVENUE: From the north property line of Old Henrietta Highway to the south property line of East Scott. STRATFORD AVENUE: From the north property line of North Eighth Street to the south property line of North Ninth. Street. TAYLOR STREET: From the north property line of Ninth Street to the south property line of Eighth Street THIRD STREET: From the west property line of Lamar Street to the west property line of Travis Street. TWENTY FIFTH STREET: From the east property line of Broad Street to the west property line of Jasper Street. TWENTY FOURTH STREET: From the east property line of Jasper Street to the east property line of Holly Street TWENTY-THIRD STREET: From the east property line of Jasper Street to the west property line of Bryce Boulevard (East Service Road Expressway south) TWENTY-SIXTH STREET: From the east property line of Princeton Avenue to the west property line of Jasper Street . VAN BUREN STREET: From the north property line of McGregor Avenue to the south property line of Pearl Avenue. The estimated cost of improvements is $281,796.29. The separately estimated amounts per front foot to be assessed against abutting property and the owners thereof for concrete curb and gutter is $1.55 for front paving rate for 30' width street is $4.68 for side paving rate for 30' width street is $2.60. A hearing will be given and held by and before the governing body of the City of Wichita Falls, Texas , on the 7th day of July , 1970, at •2:30 o'clock p.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 day of 1�/� 197 - City Clerk ■ prT IGE .- ,I i I TO ALL OWNING-OR CLAIMING ANY II Affidavit of Publication "PROPERTY -ABUTTING UPON THE, H EiREINAFT�ER OESGRf&ED PORTIONS OF STREETS, AVENUES ANID PUBLIC ` / { I PLACES IN THE CITY OF WICHITA I THE STATE OF TEXAS ' FALLS, TEXAS, ANiD.TO ALL OWNING !+ - - . SUCHCPROPERTY:AMY INTER EST IN COUNTY OF WICHITA _ _. ' ,. �IThe Board of Aldermen of the City COUNTY l i of Wichita Falls, Texas has heretofore ordered that the hereinafter described portions of streets, avenues, and public places in the city of Wichita Falls, On this . June 2 Texas, be improved by raising, grading day of r4 L and filling same and by further con- structing thereon the improvements hereinafter specified to-wit: A.D. 1970 . personally appeared before me, the undersigned authority i Six (6) inches of hot mix asphaltic concrete surface and four (4) inches ! of sandstone sub-base. Katherine Parrish The above, together with combined con- . bookkeeper• Crete curbs and gutters on proper grade and line where same are not already • so constructed, together with storm 1 sewers, drains, concrete sidewalks and for the Times Publishing Company of Wichita Falls, publishers of the other necessary incidentals and appur- tenances; all of sad improvements to be constructed as and where shown Wichita Falls Times, a n e w s published in Wichita Falls in on the Plans and Specifications therefor.i,(-I p a p e r p Contract has been made and entered into with R. O. Green Construction ' Wichita County, Texas, and upon being duly sworn by me, on oath states Company, Wichita Falls, Texas for the .: making and constructing of such impro- vements. a that the attached advertisement is true and correct of advertisin • Estimates of the cost of such improve- `i a copy advertising meats for each portion of street, avenue '1 - and public place have been prepared - Three ) ! and approved. published in . __ - _ issues thereof on the following It is hereby found and determined ; that the cost of improvements on each I ; dates portion of street, avenue and public i p p place hereinafter described, with the' June 10, 1970 June 18, 1970 June 2I , 1970 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: ARTHUR STREET: From the south _ • property line of Avenue Z to the �C�q./ s»_.Az..-• /j42---eA .e.-2. a south property line of Arizona Avenue ' AVENNIE 8: From the east property Bookkeeper for Times Publishing Company line of Taylor Street to the west g p y property line of Monroe Street i of Wichita Falls AVENUE C: From the east property line of Buchanan Street to the west property line of Fillmore Street AVENUE C: From the east property Subscribed.and sworn to before me this the day and year first above line of Taylor Street to The west property line of Polk Street AVENUE 0: From the east property written. line of Kemp Boulevard to the west property line cf Monroe Street AVENUE G: From_the west property I' „ Y ' r ffvt i ,,y-