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Ord 2465 12/3/1968 ORDINANCE NO. e;:711.1 -5--- (' 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 1968 ASSESSMENT PAVING PROGRAM, KEMP BOULEVARD, SUPPLEMENTAL PAVING FOR KEMP BOULEVARD AND SUPPLEMENTAL PAVING FOR WENONAH-ARTHUR-GRANT DRAINAGE PROJECTS AT VARIOUS LOCATIONS 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 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. 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 improvements against abutting property and the owners thereof, are as follows, to-wit: ALABAMA f UL: . ���1 ,� �, From the west property line of the alley west of Co_lguitt Road r to the cast property line. of Lawrence Road , ALABAMA AVENUE:.vUE: From the east property line of Sherman Road to the west property line of Wenoir h. Avenue, ARTHUR STREET: From the south property line of Avenue Q to the north property line of Avenue S. AVENUE G: From the east property line of Polk Street to the west property line of Monroe Street . AVENUE L: From the east property line of Arthur Street to the west property line of Garfield Street, • AVENUE Q: From tin cast property line of Grant Street to the west property line of Keep Boulevard. AVENUE R: From the east property line of Grant Street to the west property line of Buchanan Street. AVENUE T: From the east property line of Grant Street to the west property line of Kemp Boul{ward, AVENUE V: From the east property line of Grant Street to the west property line of Kemp Boulevard. AVENUE W: From the east property line of Buchanan Street to the west: property line of Kemp Boulevard AVENUE Y: From the east property line of Grant Street to the west property line of Kemp Boulevard BUCHANAN STREET: From the south property line of Hampstead Lane to the west property line of Kemp Boulevard CEDAR AVENUE: From the north property line of Birch Street to the north property line of Carol Ann Street COLQUITT ROAD: From the north property line of the alley north of Kessler Boulevard to the north property line of Cumberland Avenue GARFIELD S`IEET: From the south property line of Kessler Boulevard to the north property line of Avenue S. GRANT STREET: From the north property line of Lot 14, Block 109, Highland Addition to the south property line - of Lot 8, Block 37-A, High- land Addition -GRANT STREET: Abutting lots 3, 4, 5 & 6, in Block D of Kemp-Fairpark Addition to the City of Wichita Falls . HAMPSTEAD LANE : From the east property line of Great Street to the west property line of Kemp Boulevard HAYS STREET: From the south property lino of Cumberland Avenue to the north property line of Miaml Avenue. HUDSON AVENUE: From the west property line of the alley west of Colquitt Road. to the west property line of Pennsylvania Road HUDSON AVEMJE: From the east property line of Lawrence Road to the west property line of Sherman Road HUDSON AVENUE: From the east property line of Baltimore Road to the west property line of Wenonah Avenue KEMP BOULEVARD: From the south property line of Kell_. Boulevard to the north property line of Archer Street KEN;SAW AVENUE: From the east: property. line of Santa Fe Street to the west property line of Garfield Street KESSLER BOULEVARD: From. the cast property line of Wenonah Avenue to the west property line of Garfield Street LAFA1 ,T1E AVENUE : From the west property line of the alley west of Colquitt Road to the east property line of Wenonah Avenue. LEXINGTON AVENUE,; From the west property line of the alley west of Colquitt Road to the east property line of the alley east of Colquitt Road LEXINGTON AVENUE: From the east property line of Pennsylvania Road to the west property line of Baltimore Road. REVERE AVENUE: From the west property line of the alley west of Colquitt Road to the west property line of Lebanon Road SANTA FE STREET: From the south property line of the Old Seymour Road to the north property line of Cumberland Avenue SANTA FE STREET: From the south property line of Hollywood Avenue to the north property line of Miami. Avenue SANTA FE STREET; From the south property line of York Road to the north property line of Avenue Q Sluj:P:;AN ROAD: From the north property line of the alley north of Cumberland Avenue to the north • property line of York Road TWENTY-SECOND STREET; From the east property line of Yale Avenue to the west property line of Princeton Avenue PRINCETON AVENUE: Abutting Lots 19 & 20, Block 7, of the Sibley-Taylor Addition to the City of. Wichita Falls. 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. A hearing to be given an_l held by and before the Board of Aldermen of the City of Wichita Falls, Texas , to all owning or clo_ mine 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 January 19_ .09 _, 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,tti :g 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 mmi.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. 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 fit DAY Or �r :;� - , r ' 19 (4 • MAYOR M_ ATTEST: 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 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 im- proved 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, to- gether 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 construction of such im- provements. 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: ALABAMA. AVENUE: From the west property line of the alley west of Colciuitt Road to the east property line of Lawrence Read. ALABAMA AVENUE: From the east property line of Sherman Road to the west property line of Wenonah Avenue, ARTHUR. STR rT: From the south property line of Avenue Q to the north property line of Avecc.a S. AVENUE G: From the east property line of Polk Street to the west property line of Monroe Street. AVENUE L: From the east property line of Arthur Street to the west property r line of Garfield Street, AVENUE Q: From the east. property line of Grant Street: to the west property line of Kemp Boulevard. AVENUE R: From the east property line of Grant Street to the west property line of Buchanan Street. AVENUE T: From the east: property line of Grant Street to the west property Line of Kemp Boulevard. AVENUE V: From the east property line of Grant Street to the west property line of Kemp Boulevard, AVENUE W: From the east property line of Buchanan Street to the west property line of Kemp Boulevard AVENU!. Y: From the east property line of Grant Street to the west property line of Kemp Boulevard BUCHANAN STREET: From the south property line of Hampstead Lane to the west property line of Kemp Boulevard CEDAR AVENUE: From the north property line of Birch Street to the north property line of Carol Ann Street COLQUITT ROAD: From the north property line of the alley north of Kessler Boulevard to the north property line of Cumberland Avenue GARFIELD STREET: From the south property line of Kessler Boulevard to the north property line of Avenue S. GRANT STREET: From the north property line of Lot 14, Block 109, Highland Addition to the .south property line of Lot 8, Block 37-A, High- land Addition GRANT STREET: Abutting lots 3, 4, 5 & 6, in Block D of Kemp-Fairpark Addition to the City of Wichita Falls . HA'..F ,'lEAD LAii:. lr'um the east property line of Grant Street to the west property line of Kemp Boulevard d HAYS S1r x 1 : From the south property line o f Cumberland Avenue to the north property lire of Miami Avenue. HUDSON AVENUE: From the west property line of the alley west of Colquitt Road to the west property line. of Pennsylvania Road • HUDSON AVr'NUtt,. From the east property lirz.^. of I.,awrence Road to the west property line of Sherman Road HUDSON AVENUE: From the east property line of Baltimore. Road to the west property line of Wenonah Avenue KEMP BOULEVARD: From the south property line of Kell Boulevard to the north property line of Archer Street KENESAW AVENUE: From the east property line of Santa Fe Street to the west property line of Garfield Street KESSLER BOULEVARD: From the east property line of Henonah Avenue to the west property line of Garfield Street LAFAYETTE AVENUE : From the west property line of the alley west of Colquitt Road to the east property line of Wenonah Avenue LEXINGTON AVENUE; From the west property line of the alley west of Colquitt Road to the east property - line of the alley east of Colquitt Road LEXINGTON AVENUE: From the east property line of Pennsylvania Road to the west property line of Baltimore Road. REVERE AVENUE: From the west property line of the alley west of Colquitt Road to the west property - line of Lebanon Road SANTA FE STREET: From the south property line of the Old Seymour Road to the north property line of Cumberland Avenue SANTA FE STREET: From the south property line of Hollywood Avenue to the north property line of Miami Avenue SANTA FE STIEET; From the south property line of York Road to the north property line of Avenue Q HERMAN ROAD: From the north property line of the alley north of Cumberland Avenue to the north property line of York Road TWENTY-SECOND STREET; From the east property line of Yale Avenue to the west property line of Princeton Avenue PRINCETON AVENUE: Abutting Lots 19 & 20, Block 7, of the Sibley-Taylor Addition to the City of Wichita Falls. 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. 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 January, 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 /7,�y day of c,c3L-e�i1- -ei� 19 t) City Clerk c. 3-Legal Notices Affidavit of Publication t - : NOTICE. TO ALL OWNING OR CLAIMING ANY /�, Cr PROPERTY THE HEREINAFTER ABUTTING BED PORTIONS THE ESTATE OF TEXAS OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING COUNTY OF WICHITA OR CLAIMING ANY INTEREST IN' SUCH PROPERTY: The Board of Aldermen of the City,re of Wichita Falls, Texas, has heretofore ordered that the hereinafter described On ti J ..!is . 15th day of anuary ys� portions of streets, avenues, and public places in the City of Wichita Falls, Texas, be improved by raising, grading le'd authority and filling same and by further con- A.D. -1969 • personally appeared before me, the undersign y strutting thereon the improvements hereinafter specified to-wit: Six (6) inches of hot mix asphaltic 1 concrete surface and four (4) inches I' 1{`tnori.r�: Rai-rich , bookkeeper of sandstone sub-base. The above, together with combined con- crete curbs and gutters on proper grade and line where same are not already for the Times Publishing Company of Wichita Falls, publishers of the so constructed, together with storm sewers, drains, concrete sidewalks and other necessary incidentals and appur- Wichita Falls Record News, a newspaper published at Wichita Falls in tenances; all of said improvements to be constructed as and where shown I on the Plans and Specifications therefor. Wichita County, Texas, and upon being duly sworn by me, on oath states Contract has been made and entered into with Zack Burkett Construction Company, Graham, Texas for the making that the attached.advertisement is a true and correct copy of advertising and construction of such improvements. Estimates of the cost of such improve- ments for each portion of street, avenue, published in_.- free ( 3 ) .issues thereof or. the fallowing and public place have been prepared p and approved. It ,is hereby found and determined dates• that the cost of improvements on each 7-'� portion of street, avenue, and w public • .t-+G�: e' 6, 1965 December 13, 1968 December 20t, 1963 place hereinafter described, with the amount or amounts per front foot propos- i ed to be assessed for such improvements /') against abutting property and the owners -•/ y'/ thereof, are as follows, to-wit: � ..Z/L.c--v_�/ /4�/i/�r-c-i✓ ` 1 ALABAMA AVENUE: From the west ..e property line of the alley west ly t Colquitt Road to the east property Bookkeeper for Times Publishing Company line of Lawrence Road. of Wichita Falls ALABAMA AVENUE: From the east property line of Sherman Road to I the west property line of Wenonah Aevnue. Subscribed and sworn to before me this the day and year first above ARTHUR STREET: From the south property line of Avenue Q to the north property line of Avenue S. LL) written. AVENUE G: From the east property line of Polk Street to the west , ., property line of Monroe Street. .--� _ AVENUE L: From the east property r � �1 � ,.::-�-�Z.�J line of Arthur Street to the west . 1,, YI c:,'«-- t—w^—•- ' property line of Garfield Street. AVENUE Q: From the east property line of Grant Street to the west HUDSON AVENUE: From the east pro- The estimated cost of Improvements any and all amendments thereto, said property line of Kemp Boulevard. perty line of Baltimore Road to is $613,072.60. The separately estimated Act now being known as Article 1105b AVENUE R: From the east property I the west property line of Wenonah i amounts per front foot to be assessed of Vernon's Texas Civil Statutes, which fine of Grant Street to the west Avenue. against abutting property and the owners has been made a part of the Charter property line of Buchanan Street. I KEMP BOULEVARD: From the south thereof for concrete curb and gutter of the City of Wichita Falls,Texas. AVENUE T: From the east property property line of Kell Boulevard to is $1.40, for concrete sidewalk is 57.47, line of Grant Street to the west Of all said matters and things, all property line of Kemp Boulevard. the north property line of Archer - for front paving rate for 30' width owning or claiming to own any such AVENUE V: From the east property Street. street is 53.78, for side paving rate ,property or any interest therein, as line of Grant Street to the west KENESAW AVENUE: From the east for 30'width street is 52.10. well as all others in anywise interested property line of Santa Fe Street A hearing will be given and held or affected will take notice. property line of Kemp Boulevard. property y g g y Done by order of the Board of Aldermen i to the west line Fe Garfield by and before the governing body of AVENUE W: From the east property /the City of Wichita Falls, Texas, on of the City of Wichita Falls, Texas, line of Buchanan Kemp to the west Street. property line of Kemp Boulevard. KESSLER BOULEVARD: From the east the 21st day of January, 1969, at the 3rd day of December 1968, s—Wilma AVENUE Y: From the east property 1 1 property line of Wenonah Avenue II2:30 o'clock p.m. in the Council Room J. Thomas, City Clerk I line of Grant Street to the west to the west property line of Garfield of the Memorial Auditorium Building, property line of Kemp Boulevard. Street. 11300 Seventh Street in the City of BUCHANAN STREET: From the south . LAFAYETTE AVENUE: From the west :Wichita Falls, Texas, for all owning property line of Hampstead Lane property line of the alley west for claiming any property abutting upon to the west property line of Kemp of Colquitt Road to the east property said portions of streets, avenues, and Boulevard. I line of Wenonah Avenue. public places and to all owning or CEDAR AVENUE: From the north pro- i LEXINGTON AVENUE: From the west claiming any interest in such property. petty line of Birch Street to the property line of the alley west i At said time and place, all owning north property line of Carol Ann of Colquitt Road to the east property j or claiming any such property, or any Street. line of the alley east of Colquitt interest therein, shall be and appear COLQUITT ROAD: From the north pro- Road. and will be fully heard concerning perty line of the alley north of ' LEXINGTON AVENUE: From the east said improvements, the costs thereof, Kessler Boulevard to the north pro- property line of Pennsylvania Road 'the amounts to be assessed therefor, perty line of Cumberland Avenue. 1 to the west property line of Baltimore the benefits to the respective parcels 1 GARFIELD STREET: From the south 1 Road. of abutting property by means of the property line of Kessler Boulevard REVERE AVENUE: From the west I improvements on the portions of streets, to the north property line of Avenue property line of the alley west avenues, and public places upon which S. 1 of Colquitt Road to the west property the property abuts, and concerning the GRANT STREET: From the north pro- ' line of Lebanon Road. regularity, validity, and sufficiency of. perty line of Lot 14, Block 109, SANTA FE STREET: From the south the contract for and all proceedings Highland Addition to the south pro- property line of the Old Seymour 1 relating to such improvements and pro- perty. line of Lot 8, Block 37-A, Road to the north property line posed assessments therefor, and concern- Highland Addition. of Cumberland Avenue. ing any matter as to which they are GRANT STREET: Abutting lots 3, 4, SANTA FE STREET: From the south •entitled to hearing under the law in 5 & 6, in Block D of Kemp property line of Hollywood Avenue !/force in the City and under the proceed- ' - Fairpark Addition to the City to the north property line of Miami ings of the. City with reference to of Wichita Falls. Avenue. said matters. Following such hearings,/ HAMPSTEAD LANE: From the east SANTA FE STREET: From the south assessments will be levied against abutt property line of Grant Street to property line of York Road to the ing property and the owners thereof, the west property line of Kemp north property line of Avenue Q. and such assessments when levied, shall Boulevard. SHERMAN ROAD: From the north pro- be a personal liability of the owners • HAYS STREET: From the south property perty line of the alley north of of such property, and a first and line of Cumberland Avenue to the Cumberland Avenue to the north prior lien upon'the property as provided north property line of Miami Avenue. property line of York Road. 1 by the law in force in the City and HUDSON AVENUE: From the west TWENTY-SECOND STREET: From the I under which the proceedings are taken, property line of the alley west east property line of Yale Avenue being an act of the•First Called Session of Colquitt Road to the west property to the west property line of Princeton of the Fortieth Legislature of the State I line of Pennsylvania Road. Avenue. of Texas, known as Chapter 106 of HUDSON AVENUE: From the east pro- PRINCETON AVENUE: Abutting Lots the Acts of said Session, together with party line of Lawrence Road to 19 and 20, Block 7, of the Sibley- the west property line of Sherman Taylor Addition to the City of Wichita! Road. Falls. I_ HUDSON AVENUE: From the east pro-