Ord 2571 2/17/1970 ORD I NANCE NO. A.,� 7/
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF TILE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING AT MANCHESTER ROAD, LORAN LANE, POWELL
LANE, ROSS AVENUE, BEVERLY DRIVE AND LAKE PARK DRIVE DESIG NATEI)
AS THE 1970 f.ECONS'IRUCTION PAVING PROGRAM IN THE CITY OF
WICHITA FALLS, TEXAS ; FIXING TINE 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 TIIE 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 THERE-
TO, AND DECLARING AN EMERGENCY;
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas
has heretofore orc.ored 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 the same and by constructing thereon the
following to-wit;
One and one-half (1-1/2) inches of hot mix asphaltic concrete
surface and six (6) inches of cement stablilized 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, drive approaches, drains, concrete sidewalks 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 contract therefor has been made
and entered into with
R.O. Green ConsLruction 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 he
assessed against abutting property and the ovners 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 bids of R.O. Green Construction Company are hereby accepted,
the contracts are awarded to such contractor, and the City Manager is
authorized to execute such contracts 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 sq. ft. proposed to be
assessed for improvements against abutting property and the owners thereof,
are as folle. s, to-wit:
I
MANCHESTER ROAD: From the east pros:_ -L:y line of
North Beverly Po,..d ;. the cast
property line of ;(-,ns Avenue.
• LOBAN LANE: From the north property line of
Manchester Road to 300 feet North.
POWELL LANE: From the north property line of
Manchester Road to 300 feet North.
ROSS AVENUE: From the south property line of
Manchester Road to 300 feet North.
• BEVERLY DRIVE: From the north property line of
Ninth Street to the South property
line of Highway U.S. 277
LAKE PARK DRIVE: From the north property line of
Singleton Avenue to the north
property line of Southwest Parkway.
The estimated cost of improvements is $57,340.00. The separately
estimated amounts per front foot to be assessed against abutting property
and the owners thereof for concrete curb and gutter is $1.47 for concrete
• . sidewalk is $1.76.. •
The assessment for concrete driveway approach is $0.62 per squ=are
foot.
IV.
A hearing to be given and held by and before the Board of Alder-
men of the City of Wichita Falls, Texas, to all owning or claiming any prop
erty abutting upon said portions of streets, .avenues, and public places, as
well as to all owning or claiming any interest in any such property. - Such
hearing shall be given and held on the 17th. day of March, 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 leat
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 claim-
ing any inter.~.st 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 claim-
ing any .i.utcLet:t 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 (,vi_dence of the facts
therein recited. Failure of the City Clerk to give notice of hcari.ng by
mail as herein provided for, or failure of the owners or other persons
interested rested to receive said notice, shall in nowise invalidate said l oaring
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 herby 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 construction 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, 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 efi-,ct immediately
from and after its .passage.
PASSED AND APPROVED THIS 7d DAY Ol' il / 19
•
• MAYOR
ATTEST:
CITY �:' K
•
. U
r +
N O T t C E
TO ALL OWNING OR CLAFMIN(: ANY PROPERTY ABUTTING UPON
TILE. II[EhEI.NAFTER DESCRILEI) PORTIONS OF STREETS, AVENUES
AND PUBLi_C 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 improved
by raising, grading and filling same and by further constructing thereon
the improvements hereinafter specified to-k.it:
One and one-half (1-1/2) inches of hot mix asphaltic
concrete surface and six (6) inches of cement stabi-
lized 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 inciden-
tals 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. Gr:.en Construction Company, Wichita Falls, Tex..s
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:
MANCHESTER ROAD: From the east property line of
North Beverly Road to the east
.roperty line of Ross Avenue.
LOBA LANE: From the north property line of
Manchester Road to 300 feet North.
POWELL LANE: From the north property line of
Mancheste Road to 300 feet North.
ROSS AVENUE: From the south property line of
Manchester Road to 300 feet North.
BEVERLY DRIVE: From the north property line of
Ninth Street to the South property
line of Highway U.S. 277.
LAKE PARK DRIVE From the north property line of
Singleton AvLlnue to the north
property line of Southwest Parkway.
The estimated cost of improvements is $57,340.00. The separately
estimated amounts per front foot to be assessed against abutting property
and the owners thereof for concrete curb and gutter is $1.47, for concrete
sidewalk is $1.76.
The assessment for concrete driveway approach is $0.62 per square
foot.
a . ,
Y
A hearing will be given and held b. •iH; before the governing bqdv of
the City of Wichita Falls, Texas , on the J7th. of March 1970 , at
2:30 o'clock p.m. in the Council Room of thL Memorial Auditorium Building,
1300 Seventh Street in the City of Wichita Fails, 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
asessments 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 /7 day o f �` Sri 19'2
•
City Clerk
i
Affidavit of Publication
NOTICE THE STATE OF TEXAS
TO ALL OWNING OR CLAIMING ANY
PROPERTY ABUTTING •(WON THEI
HEREINAFTER DESCRIBED PORTIONS i COUNTY OF WICHITA
OF STREETS, AVENUES AND PUBLIC
PLACES IN THE CITY OF WICHITA
FALLS, TEXAS, AND TO ALL OWNING Pi
OR CLAIMING ANY INTEREST IN
SUCH PROPERTY: n
The Board of Aldermen of the City On th is . 19th day of March
of Wichita Falls, Texas, has heretofore
ordered that the•herinafter described
portions of streets, avenues, and public
places in the City of Wichita Falls, A.D. 1970 . personally appeared before me, the undersigned authority
Texas be Improved by raising, grading!
and filling same and by further con-
structing thereon - the improvements Katherine Parrish , bookkeeper
hereinafter specified to-wit:
One and one-half (11/2) inches of hot
mix asphaltic concrete surface and stx;
(6) inches of cement stabilized base. I
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 and,
other necessary incidentals and appur-
tenances; all of said improvements to! Wichita County, Texas, and upon being duly sworn by me, on oath states
be constructed as and where shown!
'on the Contractlhas abeenpmadeT�and and entered; that the attached,advertisement is a true and correct copy of advertising
into with
R. O. Green Construction Company,
Wichita Falls, Texas for the making published in_._ Three ( 3 ) issues thereof on the followin
and constructing of such improvements. p g
Estimates of the cost of such improve-
ments for each portion of street, avenue dates
and public place have been prepared
and approved. O
It is hereby found and determined': February 21s 1970 FAbruaryl8, 1970 March 71 3,970
that the cost of improvements on each
portion of street, avenue and public
place hereinafter described, with the.
amount or amounts per front foot e �y„��- —•9*�
propos-
ed to be assessed for such improvements
thereof, are as followwsrtowit the goners Bookkeeper for Times Publishing Company
!MANCHESTER line of ROAD:
North From Road of 'Wichita Falls
I to the east property line of Ross!
Avenue.
LOBAN Ma Manchester Road to property feet Subscribed and sworn to before me this the day and year first above
North.
POWELL LANE: From the north proper-`L) written.
ty line of Manchester Road to 300
feet North.
BEVERLY DRIVE: From the north
oroperty line of Ninth Street to the
South property line of Highway U.S. j
277.
L
•
AKE PARK DRIVE: From the north •
property line of Singleton Avenue to
the north property line of Southwest
Parkway.
The estimated cost of improvements
is $57,340.00. The separately estimated
amounts per front foot to be assessed
against abutting property and the owners
thereof for concrete curb and gutter
is$1.47,for concrete sidewalk Is$1.76.
The assessment for concrete driveway
approach is$0.62 per square foot.
A hearing will be given and held
by and before the governing body of
the City of Wichita Falls, Texas, on,
the 17th day of March, 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 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 improvements and proposed assess-
ments therefor, and concerning any mat-
ter 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, assess-
, 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
the Fortieth Legislature of the State
of Texas, known as Chapter 106 of,
,the Acts of said Sessions, tneether
with any and all amendments thereto,
call Act now being k-own an Article
1105b of Vernon's Texas Civil Statues, 1
,•rate~ has b=en made a Dart of the
Charter of the City of Wichita Falls,
Taxis
Of all said matters and things, all
ownina or claiming to own any such
orooerty nr any intare t the.et.. __