Ord 2528 9/2/1969 ORDINANCE NO._0J� O
AN ORDINANCE AMENDING ORDI NANCE NO. 2520; APPROVING AND ADOPT-
ING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND •
OF AMOUNTS 10 BE ASSESSED FOR ASSESSMENT PAVING AT OLD SEYMOUR
ROAD FROM McNIEL AVENUE TO SANTA FE STREET AND AVENUE K FROM
ARTHUR STREET TO KEMP BOULEVARD, IN THE CITY OF WICHITA FALLS,
TEXAS ; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME
AND PLACE FOR HEARING OF THE ONNERS OF ABUTTING PROPERTY AND
TO ALL OTHERS INTERESTED; A 'NDING PARAGRAPH IV OF ORDINANCE NO.
2520 DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING:
AND DIRECTING THE CITY CLERK TO ENGRSS AND ENROLL THIS ORD-
INANCE BY COPYING THE CAPTION OF SANE 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 EFFEC-
TIVE DATE; PROVIDING SUNDRY OTHER MATTERS IINCIDENT 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:
One and one-half (1-1/2) inches of hot mix asphaltic concrete
surface on six (6) inches cement stabilized base or on four
and one-half (4-1/2) inches of hot mix asphaltic concrete base
and four (4) inches of sand stone 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 and 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 ,
WHEREAS , the City has advertised for bids for such construction; bids
have been received , and Timmins and Anderson, Wichita Falls, Texas and Asphalt
Pavers, Incorporated, Wichita Falls, Texas, made the lowest responsible bid and ,
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,
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.
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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 such
improvements against abutting property and the owners thereof, are as follows,
to-wit :
OLD SEYMOUR ROAD: From the east property line of
McNiel Avenue to the east property
• line of 'Santa Fe Street.
AVENUE K: From the west property line of
Arthur Street to the west property
line of Kemp Boulevard.
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The estimated cost of improvements is $153,445.00 the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.50, for four feet wide concrete side-
walk is $1. 92 and for concrete drive 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, 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 21st day of October, 1969, 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
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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
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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 i'nterested 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.
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• 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.
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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 THIS `7 DAY OF ��� 1969.
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MAYOR •
ATTEST: •
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CITY C' RK
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NOTICE
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 hereto-
fore ordered that the hereinafter described portions of Streets, Avenues, and •
public places in the City of Wichita Falls, Texas, be improved by raising, grad-
ing and filling same and by further constructing thereon the improvements here-
inafter specified to-wit:
One and one-half (1-1/2) inches 'of hot mix asphaltic concrete
'surface on six (6) inches cement stabilized base or on four
and one-half (4-1/2) inches of hot mix asphaltic concrete base
and four (4) inches of sand stone 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 and drains 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 Timmins and Anderson and
Asphalt Pavers, Incorporated, Wichita Falls , Texas for the making and construction
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 and per square foot proposed to be assessed for such im-
provements against abutting property and the owners thereof, are as follows, to-wit:
The paving of Old Seymour Road from McNiel Avenue to Santa Fe Street and
Avenue K from Arthur street to Kemp Boulevard.
The estimated cost of improvements is $153,445.00 the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.50, for 4 foot wide concrete side-
walk is $1.92 and for concrete drive approach is $0.65 per square foot which is
the total estimated amount per front foot and per square foot to be assessed against
abutting property and. the owners thereof.
A hearing will be given and held by and before the governing body of
the City of Wichita Falls , Texas, on the 21st day of October, 1969, at 2:30 o'clock
p.m. in the Council Room of the Memorial Auditorim Building, 1390 Seventh Street
in the City of Wichita Falls , Texas, for all owning or claiming any property abutt-
ing 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, 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 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.
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Following such hearing, assessments will be levied against abutting property and
the owners thereof, and such assessments when levied, shall be a personal liahil-
ity 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 Session, together
with any and all amendments thereto, said Act now being known as Article 1105b
of Vernon's Texas Civil Statutes, 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 4v ji, /ate , 19 d';:
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Wilma Thomas, City Clerk
. City of Wichita Falls, Texas
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Affidavit of Publication
`tdCi'fICEi4 b
7R ALL ASNiµG Z4 c } I ,,,ANY THE STATE OF TEXAS
OPROPS- yEyR��1k5 ING ONi THE COUNTY !� Tyr
F STIREETS, AVENUES.AND PUBLIC, COIJl�1 1 OF WICHITA
PLACES IN THE CITY OF WICHITA
FALL, TEXAS, AND TO ALL OWNING e
OR CLAIMING ANY INTEREST IN
SUCH PROPERTY: �3 October
The Board of Aldermen of the City On tl).is day of
of Wichita Falls, Texas, has heretofore
ordered that the hereinafter described
portions of Streets, Avenues, and public
places in the City of Wichita Falls, A.D. . 1969 . personally appeared before me, the undersigned authority
Texas, be improved by raising, grading
i 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 on six
on four inches and one-half (41/2) i base or for the Times Publishing Company of Wichita Falls, publishers of the
hot mix asphaltic concrete 'base and
four (4) inches of sand stone sub-base.
The above, together with combined con- Wichita Falls Record News, a newspaper published at Wichita Falls in
crete curbs and gutters on proper grade
and line where same are not already
so constructed, together with storm Wichita County, Texas, and upon being duly sworn by me, on oath states
sewers and drains and other necessary
incidentals and appurtenances; all of
said improvements to be constructed that the attached,advertisement is a true and correct copy of advertising
as and where shown an the Plans
and Specifications therefor. Contract has Three 3
been made and entered into with Tim-
mins and Anderson and Asphalt Pavers, published in_e..- .issues thereof on the following
Incorporated, Wichita Falls, Texas for
the making and construction of such dates:
improvements.
October lO 1969
Estimates for ea the cost of such r a improve, September 26, 1969 October 3, 1969 3
meets 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 and Bookkeeper for Times Publishing Company
per square foot proposed to be assessed of Wichita Falls
for such improvements against abutting
property and the owners thereof, are
as follows,to-wit:
The paving of Old Seymour Road from Subscribed and sworn to before me this the day and year first above
McNiel Avenue to Santa Fe Street
and Avenue K from Arthur street to ;L)
Kemp Boulevard. written.
The estimated cost of Improvements
is $153,445.00 the estimated amount per
front foot to be assessed against abutting
property and the owners thereof for
combined concrete curb and gutter is
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$1.50, for 4 foot wide concrete sidewalk
is 51.92 and for concrete drive approach
is $0.65 per square foot which is the
total estimated amount per front foot
and. per square foot to be assessed _ _ _ _ .....:._against abutting property and the owners -
thereof.
A hearing will be given and held
by and before the governing body of
the City of Wichita Falls, Texas, on
the 21st day of October, 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 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 the contract for and
all proceedings relating to such improve-
ments 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 pnceedings
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 Session, together •
with any and all amendments thereto,
said Act now being known as Article
1105b of Vernon's Texas Civil Statutes,
which has been made a part of the
Charter of the City of Wichita Falls,
Texas.
Of alI 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.
Done by order of the Board of Aldermen
of the City of Wichita Falls, Texas,
the 9n,f elw',CaMe,.J.e• ,ore