Ord 2548 10/21/1969 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 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 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 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
Mana g
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 Lift Board of Aldermen of
the City of Wichita Falls, Texas, to all owning or claiming any property abutting;
upon said portions of streets, avenue ; , and public pl ces , as well as to all own-
ing or claiming any interest in any such property. Such hearing shall be given
and held on the i8 day of November 19 69 , 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. $uch 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 clays 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 i
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 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.
PASSED AND APPROVED THISt DAY OF 19 6/:742_".._
- ' CQ —
MAYOn
ATTEST:
C L'I'Y C d.I;I
_ 1
N O T I C E
TO ALL OWNING CR CLAIMING ANY PROPERTY ABUTTING UPON
TILE HEREINAFTER DESCRIBED PORTIONS OF STREETS , AVENUES
AND PUBLIC PLACES IN TIE 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 , ha :
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
Timmins 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 governing body of
the City of Wichita Falls, Texas , on the 18 day of November , 1969, 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 19 �j9,
City C erk
Affidavit of Publication
NOTICE
TOALL-OWNING OR CLAIMING ANY
PROPERTY ABUTTING UPON THE I -"
HEREINAFTER DESCRIBED PORTIONS, THE STATE OF TEXAS
OF STREETS,AVENUES AND PUBLIC!
PLACES IN THE CITY OF WICHITA f
FALLS, TEXAS, AND TO ALL OWNNG COUNTY OF Y1TICHITA.
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 LS ,Fir On 1 -
12 +
. , day of , December
portions of streets, avenues, and public a
places in the City of Wichita Falls,,
Texas be improved by raising, grading;
and filling same and by further con- A.D. personally appeared before me, the undersigned authority
strutting thereon the Improvements • 1969 • p' y pP , b'n Y
hereinafter specified to-wlt: j
One and one-half (11/2) inches of hot!
mix asphaltic concrete surface and six , bookkeeper
(6) Inches of cement stabilized base. I Katherine Plarrich
The above, together with combined con-i
crete curbs and gutters on proper grade;
and line where same are not already,
so constructed, together with storm for the Times Publishing Company of Wichita Falls, publishers of the
sewers, drains, concrete sidewalks and
other necessary Incidentals and appur-
tenances; Wichita Falls Record News, a newspaper ublished at Wichita Falls in
all of said improvements to s p
be constructed as and where shown
on the Plans and Specifications therefor.
Contract has been made and entered' Wichita County, Texas, ar.d upon being duly sworn by me, on oath states
into with Timmins and Anderson,Wichita
Falls, Texas for the making and con-'
strutting of such Improvements. that the attached,advertisement is a true and correct copy of advertising
Estimates of the cost of such Improve-
ments for each portion of street, avenue
and public place havt ben
and a public prepared published in,.- - Three� ( 3 issues thereof oar. the following
It is hereby found and determined' ^
that the cost of improvements on each dates: p
portion r street, avenue and public 1969 �, 1969 November 8y 1969
place hereinafter described, with the j October 25 1969 Novembe g
amount or amounts-per front foot propos- 1
ed to be assessed for such improvements
1 against abutting property and the owners ..,---)
thereof, are as follows,to-wit: / ;
BORTON STREET: From the east pro- i -!��•,. -,C./_�i•�r�-•-`•�- *
perty line of Ridgeway Drive to the !west property line of Harlan Avenue. Bookkeeper for,Times Publishing Company
The estimated cost of Improvements p g
is $64,217.70. The separately estimated of Wichita Falls
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 Subscribed and sworn to before me this the day and year first above
approach is$0.65 per square foot.
A hearing will be given and held,L) written.
by and before the governing body of
the City of Wichita Falls, Texas, on '
the 18 day of November, 1969, at
i2:30 o'clock p.m. In the Council Room i \` // /
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 j
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,
avenues, and public places upon which
the property abuts, and concerning the
regularity, validity, and sufficiency of
I the contract for and all proceedings,
relating to such Improvements and pro-I
posed assessments therefor, and concern-
ing any matter as to which they are
entitled to hearing under the law in '
force in the City and under the proceed-
ings of the City with reference to
said metiers. 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 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;
1105b of Vernon's Texas Civil Statues,
which has been made a part of the
Charter of the City of Wichita Falls, Tex-.
as. 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
or affected will take notice. I
Done by order of the Board of Aldermen)
of the City of Wichita Falls, Texas,1
the 21st day of October 1969.
s—Wilma J. Thomas, City Clerk