Ord 2560 1/6/1970 ORDINANCE NO.A... O
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING AT BORTON STREET DESIGNATED AS A
PORTION OF THE 1969 RECONSTRUCTION PAVING PROGRAM IN THE 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 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 TIIE 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 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, 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
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 amount per front foot proposed to be assess-
ed 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.
The bids of Timmins and Anderson and Asphalt Pavers, Incorporated are
hereby accepted, the contract is awarded to such contractors, 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 follows,
to-wit:
BORTON STREET: From the east property line of
Ridgeway Drive to the west
property line of Harlan Avenue.
The estimated cost of improvements is $64,217.70. The separately
estimated amounts per front foot to be assessed against abutting property
and the owners thereof for concrete curb and gutter is $1 .50, for concrete
sidewalk is $1 .92.
The assessment for concrete driveway approach is $0.65 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, avenucs, 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 3rd _clay of February _19_7()_____, 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 abJL;:ing 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. I
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, 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 meas-
ure and shall be in force and effect immediately from and after its passage.
42it PAS SED AND APPROVED THIS DAY OF 19 6 .
--- -44441aMig.e.e.---
3r7,;:;;
r
MAYOR
ATTEST:
�.A;(-fin
4271. e=? .
CITY c 'i(
NOT I C E
TO ALL OWNING CR 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 improved
by raising, grading and filling same and by further constructing thereon
the improvements hereinafter specified to-wit:
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
Timuins and Anderson, 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:
BORTON STREET: From the east property line of
Ridgeway Drive to the west
property line of Harlan Avenue.
The estimated cost of improvements is $64,217.70. The separately
estimated amounts per front foot to be assessed against abutting property and
the owners thereof for concrete curb and gutter is $1.50, for concrete side-
walk is $1.92.
The assessment for concrete driveway approach is $0.65 per square
foot.
A hearing will be given and held by and before the ,overnin,g body �C
the City of Wichita Falls, Texas , on the 3rd day of February , 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 1105}: 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 c 19 2?? .
City Clerk
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Affidavit of Publication _,
1
NOTICE i THE STATE OF TEXAS
COUNTY /�, !v
NALL OWNING OR CLAIMING 1
ANY PROPERTY ABUTINGUPON - COV1�11 OF 'WICHITA
THE HEREINAFTER DESCRIBED
PORTIONS OF STREETS, AVENUES
AND PUBLIC PLACES IN THE CITY il-W
OF WICHITA FALLS, TEXAS, AND January
TO ALL OWNING OR CLAIMING 23
ANY INTEREST IN SUCH PROPER- On this day of ,
TY:
jThe Board of Aldermen of the City 17 70
of Wichita Falls, Texas, has heretofore A.D. personally appeared before me, the undersigned authority
ordered that the hereinafter described • p Y pp y
1 portions of streets, avenues, and public
places in the City of Wichita Falls
Texas be improved by ra ising, grading Katherine Parrish , bookkeeper
I and filling same and by further con-
structing thereon the improvements
hereinafter specified to-wit:
One and one-half (11/s) inches of
hot mix asphaltic concrete surface for the Times Publishing Company of Wichita Falls, publishers of the
and six (6) inches of cement stabilized
base. above, together with combined Wichita Falls Record News, a newspaper published at Wichita Falls in
concrete curbs and gutters on Proper
grade and line where same are not Wichita County, Texas, and upon being duly sworn by me, on oath states
already so constructed, together with Y p g Y Y
storm sewers, drains, concrete sidewalks
and other necessary incidentals and
appurtenances; all of said Improvements that the attached,advertisement is a true and correct copy of advertising
to be constructed as and where shown �Y-
on the Plans and Specifications therefor.i Three / 3 1
Contract has been made and entered' published in..., jhrC \ J issues thereof ar. the following
into with Timmins and Anderson,Wichita
Falls, Texas for the making and con-i:. dates:
structing of such improvements. 1
Estimates of the cost of such improve-I d
ments for each portion of street, avenue'
and public place have been prepared;I .awry 9., 197n J511 h, 1970 J2nuary 23,- 1970 •
and approved. j
It is hereby found and determined;,
that the cost of improvements on each I
porrion of street, avenue and public;. ,fi j7� l�/% .....0
place hereinafter described, with the''
amount or amounts per front foot propos-r
ed to be assessed for such improvements Bookkeeper for Times Publishing Company
t
against abutting property and the owners I of Wichita Falls
thereof, are as follows, to-wit: BORTON
STREET: From the east property line
of Ridgeway Drive to the west property
line of Harlan Avenue. Subscribed and sworn to before me this the day and year first above
The estimated cost of improvements
is $64,217.70. The separately estimated
amounts per front foot to be assessed,L I,,. written. •
against abutting property and the owners
thereof for concrete curb and gutter
is$1.50,for concrete sidewalk is$1.92. ,
The assessment for concrete driveway /,,P / -/���.
approach is $0.65 per square foot. •
,��/.,��GGC�i'r�s G�GaiG
A hearing will be given and held by and before the governing body of
the'City of Wichita Falls, Texas, on ..
the 3rd day of February, 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, 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,
I avenues, and public places upon which
Ithe oroserty abuts, and concerning the
1 regularity, validity, and sufficiency of
the contract for and all proceedings
relating to such improvements and pro-
posed assessments therefor, and concern-
ing any matter as.to which they are
I entitled to hearing under the law in
force in the City and under the proceed-
ings of the City with reference to
said matters. Following such, hearing.
I 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 l
of such property, and a first and'
I 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
1109b 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 interested 1
or affected will take notice.
Done by order of the Board of
Aldermen of the City of Wichita Falls,
Texas, the 6th day of January
1970. s/WILMA J. THOMAS, City Clerk.;