Ord 2547 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 VARIOUS STREETS DESIGNATED AS A
PORTION OF THE SUPPLEMENTAL PAVING :FOR KEMP BOULEVARD AT
AVENUE Z 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 tae 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, concrete sidewalks and other necessary incidentals and appur-
tenances; 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
Zack Burkett Construction Company, graham, 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.
•
It.
The bids of Zack Burkett Construction Company, Graham, Texas 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 square foot proposed to be assessed
for improvements against abutting property and the owners thereof, are as follows,
to-wit:
AVENUE Z: From the east property line of Grant Street
to the west property line of Kemp Boulevard.
The estimated cost of improvements is .$613,072.60. The separately
estimated amounts per front foot to be assessed against abutting property
and the owners thereof for concrete curb and gutter is $1.40, for concrete
sidewalk is $2.47, for front paving rate for 30' width street is $3. 78 for
side paving rate for 30' width street is ;2. 10.
•
• IV.
A hearing to he given and held by and before the Board of Aldermen of
the City of Wicliilo Fall:: , Texas , to all owning or claiming any property abutl iii,•
upon said portions of streets , avenues, and public places: , as well as to all own-
ing or claiming any interest in any such properly. Sueh hearing shall be given
and held on the IS clay ofYNovember ,19 69 , at 2 :30 p.m. , in the Count ;
Chamber in the City of Wichita ) ills , Teens, and the City Clerk is hereby directed
to give: notice of the time and place of such hearing and of other matters and f.rc.if;
in accordance with the terms and provisions of an Act passed at the First cal l.(:0
Session of the Fortieth Legislature of the State of Texas,- and known as ChapL r
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 tines
in a newspaper published in the City of Wichita Falls, Texas, the first publicc,tio,:
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 abu'eLing 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
P P � Y P owning g y
in said 'properties, to the last known address of said owner or persons. It shall
not be necessary for the City Clerk to niai.l 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 construction of the said improvements is
being delayed pending the taking effect of this ordinance , and that the conditi_cns
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 THr /,e. DAY OF 19 7.
r--....eg'1"E"j1-24474"42--
MAYOR
ATTEST:
CITY C
NOT ICE
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 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:
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 Zack Burkett Construction Company, Graham, 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:
AVENUE Z: From the east property line of Grant Street
to the west property line of Kemp Boulevard.
The estimated cost of improvements is $613,072.60. The separately
estimated amounts per front foot to be assessed against abutting property
and the owners thereof for concrete curb and gutter is $1.40, for concrete
sidewalk is $2.47, for front paving rate for 30' width street is $3.78,
for side paving rate for 30' width street is $2.10.
•
•
•
1
A hearing will be given and held by and before the governing body o`
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 Buildin ;,
1300 Seventh Street in the City of Wichita Falls, Texas, for all owning oc
claiming any property abutting upon sa:_d portions of streets, avenues �.ud.
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
City Clerk
ITO ALL NOTIC ANY Affidavit of Publication _ :� t „�,
PROPERTY ABUTTING UPON THE
HEREINAFTER DESCRIBED PORTIONS �.
OF STREETS, AND PUBLIC THE STATE OF TEXAS
I PLACES IN N THE E CITY CITY OF WICHITA A
„FALLS, A TO Nn
ANYINTERE TIN COUNTY !v
SUCH PROPERTY: COTTIJl�1�. OF WICHITA
'I The Board of Aldermen of the City
of Wichita Falls, Texas, has heretofore s
ordered that the hereinafter described ratU
portions of streets, avenues and public
places in the City of Wichita Falls, On this . First day of , December
Texas, be Improved by raising, grading
and filling same and by further con-
structing thereon the improvements
hereinafter specified to-wit: A.D. .1969 . personally appeared before me, the undersigned authority
n(6) inches of-hot- mix
eta surface and-four UT
_' Katherine Parrish
. sandstone sub base. . bookkeeper
above, together with combined =
—
"'urbs and-gutters on proper gra•e
an line where same are not already i
so constructed, together with storm
sewers, drains, concrete sidewalks and for the Times Publishing Company of Wichita. Falls, publishers of the
other necessary Incidentals and appur-
tenances; all of said improvements to
be constructed as and where shown Wichita Falls Record News, a newspaper published at Wichita Falls in
on the Plans and Specifications therefor.
Contract has been made and entered
into with Zack Burkett Construction Wichita County, Texas, and upon being duly sworn by me, on oath states
Company, Graham, Texas for the making
and constructing of such improvements.
Estimates of the cost of such Improve- that the attached.advertisement is a true and correct copy of advertising
ments for each portion of street, avenue
and public place have been prepared
and approved. Three ( 3 ) issues thereof on the following
It is hereby found and determined published In_.
that the cost of Improvements on each
portion of street, avenue and public dates: 4
place hereinafter described, with the 1969
amount or amounts per front foot propos- October 25, 1969 November 1, 1969 U
November
ed to be assessed for such Improvements
against abutting property and the owners
thereof,are as follows,to-wit:
AVENUE Z: From the east property " ; _ c `�- ' �'
line of Grant Street to the west property /-----, /_: /, ../...v {�
line of Kemp Boulevard. �The estimated cost of Improvements
I is $613,072.60. The separately estimated 1 Bookkeeper for Times Publishing Company
amounts•per front foot to be assessed
against abutting property and the owners', of Wichita Falls
1thereof for concrete curb and gutter.
Is $1.40, for concrete sidewalk is $2.47,
for front paving rate for 30' width•
street is $3.78, for side paving rate;
Subscribed and sworn to before me this the day and year first above
street
for 30'width street is$2.10. ■
!A hearing will be given and held L) written.
by and before the governing body of
the City day Wichita Falls,be T 1969, a I e
the 18 day of November, 1969, ail \��//'
of the Memorial p.m. In dit Council Rung, y/ gjj .' %
of The Memorial Auditorium Building, �/
13 00 Seventh Street In the City oft •
Wichita Falls, Texas, for all owning
or claiming any property abutting upon
said portions of streets, avenues and
public claiming planys to
interest such in all
suc property.
At said time and place, all owning
or claiming any such property, or any
interest therein, shall be and appear
I and will be fully heard concenning
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
the property abuts, and concerning the
regularity, validity and sufficiency of
the contract for anand all proceedings
relating to such Improvements and pro-
posed assessments therefor, and concern-I
ing any matter as to which they area
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,
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
I 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, 1
which has been made a part of the
Charter of the City of Wichita Falls,
Texas.
Of all said matters and things, all i
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.
Done by order of the Board of Aldermen •
of the City of Wichita Falls, Texas,
the 21st day of October 1969. s-Wilma —1,
J.Thomas,City Clerk