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Ord 2470 1/7/1969 • ORDINANCE NO, AN ORDINANCE AP PR cu t. _ AND ADOPTING E r T,.M .W:, OF THE COST OF ,R Cr7 ON OF IMPROVEMENTS A, ^� OF !a 3 _, S r; CONST_.LCTIC:_. Vi AND OF vltil "�� s t'.) BE ASSESSED FOR ASSESSMENT PAVING AT VARIOUS ST,txT �E 7 l' END AS A • PORTION OF TEE 1969 FECONSTi UC';iON PAVING IRGGP_ M AT. VARIOUS LOCATION IN THE CITY OF WICHITA FALLS, TEXAS; FIXING AND PLACE FOR HEARING Cr TEE J U L :S OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY CLERK TO .EN7 GROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF TEST BOARD OF ALDERMEN_,N AT D BY F IL 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 same and by constructing thereon the follow- ing to-wit: One and one-half (1-1/2) inches of hot mix asphaltic concrete surface and six (6) inches of cement stabilized base. The above, together with combined concrete curbs and gutters on proper grade and lino where same are not already so constricted, together with storm sewers, drains, concrete sidewalks and other necessary incidentals and appurtenances; all of said improvements to be constructed as and wheie 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 TEE CITY OF WICHITA FALLS, TEXAS, THAT: I. Such estimates be, and they are hereby, adopted and approved. • II. 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 imrpovements against abutting property and the owners thereof, are as follows, to-wit: JOHNSON ROAD: From the west property line of Fairway Boulevard to the west property line of Raider Drive. NINTH STREET: - From the east property line of Beverly Drive to the west property line of Hayes Street. DUNCAN STREET: From the west property line of Reilly Avenue to the east property line of Rosewood Avenue. RIDGEWAY DRIVE: From the north property line of Highway U.S. 287 to the south property line of Horton Street. 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. • • III. 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 4th day of February 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. 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 ab Icing 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. IV. • 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. V. 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 -r c..<eC<ic..r 19 6 7 • _____itic;f7,-- MAYOR ATTEST: j,e--/191-4_4' c_IZI-71c,g-- CITY CLERK • • NOT I C E 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 theCity 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 im- proved 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 be.se. 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 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 proposed to be assessed for such improvements against abutting property •and the owners thereof, are as follows, to-wit: JOHNSON ROAD: From the west property line of Fairway Boulevard to the west property line of Raider Drive. • NINTH STREET: From the east property line of Beverly Drive to the west property line of Hayes Street. DUNCAN STREET: From the west property line of Reilly Avenue to the east property line of Rosewood Avenue. RIDGEWAY DRIVE: From the north property line of Highway U.S. 287 to the south property line of Gorton Street. 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 4th day of February 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 suffi- ciency 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 pro- ceedings 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 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 74e) day of 19 • City Clerk • TO ALL OWNIN NOTICE G ABUTTING CLAIMING THE I Affidavit of Publication' f' c'' L 7® PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTIONS I OF STREETS, AVENUES AND PUBLIC I PLACES IN THE CITY OF WICHITA i FALLS, TEXAS,AND TO ALL OWNING I OR CLAIMING ANY INTEREST IN I THE STATE OF TEXAS SUCH PROPERTY: I The Board of Alderman of the City I, COUNTY OF WICHITA of Wichita Falls, Texas, has heretofore ordered that the hereinafter described : ere, portions of streets, avenues, and public places in the City of Wichita Falls, Twenty Third January Texas, be Improved by raising, grading and filling same and by further con-� On tl1iS . day of strutting thereon the improvements i hereinafter specified to-wit: One and one-half (P/s) inches of hot' mix asphaltic concrete surface and six A.D. . 1965 . personally appeared before me, the undersigned authority (6) inches of cement stabilized base. The above, together with combined con- crete curbs and gutters on proper grade Katherine Parrish , bookkeeper and line where same are not already so constructed, together with storm sewers, drains, concrete sidewalks and tens necessary of incidentals improvements and appur- tenances; for the Times Publishing Company of Wichita Falls, publishers of the tenances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. Contract has been made and entered Wichita Falls Record News, a newspaper published at Wichita Falls in into with Trmmms And Anderson,Wichita 1 Falls, Texas for the making and con- struction of such improvements. Wichita County, Texas, and upon being duly sworn by me, on oath states Estimates of the cost of such improve- ments for each portion of street avenue, ] and public place have been prepared that the attached.advertisement is a true and correct copy of advertising and approved. Three It is hereby found and determined ylex ee ( 3 that the cost of improvements on each published in,- issues thereof on the following portion of street, avenue, and public I p amount or lne1amounts per described, front foot propos- dates: ed to be assessed for such improvements against abutting property and the owners Jan-kxra y 10 1969 January 17, 1969 January 20� 1969 •thereof, are as follows,to-wit: JOHNSON ROAD: From the west proper- ty line of Fairway Boulevard to the '.. west property line of Raider Drive. - •NINTH STREET: From the east property line 4A.p�.;rJl-"— line of Beverly Drive to the west property line of Hayes Street. DUNCAN STREET: From the west pro- Bookkeeper for Times Publishing Company Wichita perty line of Reilly Avenue to the of yylClllta Fa115 east property line of Rosewood Avenue. RIDGEWAY DRIVE: From the north tthepsouth F operty line nofaBorton Stet to Subscribed and sworn to before me this the day and year first above The estimated cost of improvements is 364,217.70. The separately estimated AL) written. amounts per front foot to be assessed , against abutting property and the owners • is$1.50,for concrete sidewalk and s 31.92.utter % s The assessment for concrete driveway I�' ,s / 7 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 4th day of February 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 i 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 I 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 1 costs thereof,the amounts to be assessed therefor, the benefits to the respective parcels of abutting property by means I improvements• the provements on the portions II 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 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 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 interested or affected will take notice. Done by order of the Board of Aldermen of the City of Wichita Falls, Texas, the 7th day of January 1969. s—Wilma J.Thomas,City Clerk i