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Ord 2429 7/2/1968r ORDINANCE NO. ;2-Y AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF CONCRETE SIDEWALK, OF AMOUNTS TO BE ASSESSED ALONG PORTIONS OF CER- TAIN AVENUES, AND STREETS SELECTED BY THE SCHOOL TRAFFIC COMMITTEE, IN THE CITY OF WICHITA FALLS, TEXAS.; FIXING TIME AND PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS IN- . TERESTED; 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 SUNDRY OTHER MATTERS INCIDENT THERETO . AND DECLARING AN EMERGENCY;. WIEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that each of 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: Four (4) inches thick by four (4) feet wide concrete sidewalk. The above on proper grade and line 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 Anderson Contractors 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 amounts per 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. 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 im provements against abutting property and the owners thereof, are as follows, to-wit: - 2 - School Street Side From To ALAMO Van Buren West Pearl Huff • BOWIE Collard East Trout Harding 1 Harding North Collard Thompson Rd. BURGESS Expressway E.F.R. East Maurine Westcliff Maurine North Exp. E.F.R. Exp. W.F.R. • Maurine North Exp. W.F.R. Burgess School. Ridgeway West Borton Roanoke Drive CARRIGAN Blond South Holliday Carrigan St. • Holliday East Twenty-Third Twenty-Fourth Twenty-Third South Holliday Broad Twenty-Fourth North Holliday Princeton CROCKETT Old Seymour Rd. North Arthur Cedar Garfield East Avenue I. Old Seymour Rd. Old Seymour Rd. North Avenue H. Beverly Drive CUNNINGHAM Phillips South Hughes 100' East FAIN Augusta West Norman Mesquite Norman North Lake Park Dr. Nursery FANNIN Caroline North Old Burk Rd. Corwin St. Caroline South Old Burk Rd. Corwin St. FOWLER Cypress West Kingston Langford Langford South Cypress Kitty HARRELL Seymour Highway North Bluebonnet Knight Cl. Seymour Highway South W. Inwood Beverly Drive • HAYNES Peggy West Katherine Pearlie Pearlie South Peggy Pearlie Circle Lenore East Pearlie Eden Eden North Lenore Priscilla HOUSTON York South Hayes Colquitt HUEY North Sixth South Linwood N. Broadway Linwood East N. Sixth North Ninth JEFFERSON Sherry South Mistletoe Fairway Fairway East Ernest Circle Lindale LAMAR Hines South Roland Rd. Lucas Lucas West Hines Lamar School Windthorst Rd. East Sunnyside Bandera MILAM • Rhea Road East Stearns Cunningham Stearns North Boren McGaha WASHINGTON Harding North Bailey Holliday Creek Harding South Bailey Holliday Creek Rosewood West Flood Sullivan Flood South Redwood Rosewood • • • • . - 3 - The estimated cost of improvements is $63,917.20 ; the estimated amount per front foot to be assessed against abutting property and the owners thereof for concrete sidewalk is $1.08 ; which is the total estimated amount per foot to be assessed against abutting property and the owners thereof. III. A hearing 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 owning or claiming any interest in any such property. Such hearing shall be given and held on the 6th day of August, 1968, at 7 :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 Article 1105b of Vernon's Texas Civil Statutes as amended. Such notice shall be by advertisement at least three times in a newspaper published in the City of Wichita Fails, Texas, the first publication to be made at least twenty-one (2.1) 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 notices 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 i:s_ unknown to the City Clerk and cannot be determined by the City Clerk after reasonable investi- gation. In this connection, the City Clerk shall prepare and file with these proceedings a list of the properties to be assessed, and 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 know 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 fist hereinabove provided. • - 4 - 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 approp- riate riate Ordinance Records of this City. V. The fact that the making and construction of the said improve- ments 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, constitutes and creates an urgent public necessity, requiring that this ordinance be passed as an emergency measure, and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED THIS DAY OF _,19 �. MAYOR ATTEST: • CITY CLER • • N 0 TIC 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 improved by constructing thereon the improvements here- inafter specified to-wit: Four (4) inches thick by four. (4) feet wide concrete sidewalk. The above, on proper grade and line 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 Contractors 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: • - 2 - School Street Side From To ALAMO Van Buren West Pearl Huff • BOWIE Collard East Trout Harding Harding North Collard Thompson Rd . BURGESS • Expressway E.F.R. East Maurine Westcliff Maurine North Exp. E.F.R. Exp. W.F.R. Maurine North Exp. W.F.R. Burgess School Ridgeway West Borton Roanoke Drive CARRIGAN Blond South Holliday Carrigan St. Holliday East Twenty-Third Twenty-Fourth Twenty-Third South Holliday Broad Twenty-Fourth North Holliday Princeton CROCKETT Old Seymour Rd. North Arthur Cedar Garfield East Avenue I. Old Seymour Rd. Old Seymour Rd. North Avenue H. Beverly Drive CUNNINGHAM Phillips South Hughes 100' East FAIN Augusta West Norman Mesquite Norman North Lake Park Dr. Nursery FANNIN Caroline North Old Burk Rd. Corwin St. Caroline South Old Burk Rd. Corwin St. FOWLER Cypress West Kingston Langford Langford South Cypress Kitty HARRELL Seymour Highway North Bluebonnet Knight Cl. Seymour Highway South W. Inwood Beverly Drive HAYNES Peggy West Katherine Pearlie Pearlie South Peggy Pearlie Circle Lenore East Pearlie Eden Eden North Lenore Priscilla HOUSTON York South Hayes Colquitt HUEY North Sixth South Linwood N. Broadway Linwood East N. Sixth North Ninth JEFFERSON Sherry South Mistletoe Fairway Fairway East Ernest Circle Lindale LAMAR - Hines South Roland Rd. Lucas Lucas West Hines Lamar School ' Windthorst Rd. East Sunnyside Bandera MILAM Rhea Road East Stearns Cunningham Stearns North Boren McGaha WASHINGTON Harding North Bailey Holliday Creek Harding South Bailey Holliday Creek Rosewood West Flood Sullivan Flood South Redwood Rosewood • The estimated cost of improvements is $63,917.20 `1the estimated amount per front foot to be assessed against abutting property and the owners thereof for concrete sidewalk is $1.08 ; which is the total estimated amount per 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 6th day of August, 1968 at 7:30 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 pro- perty. 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. Following such hearing, assessments will be levied against abutting prop- erty 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, 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 any- wise interested or affected will take notice. Done by order of the Board of Aldermen of the City of Wichita Falls, • Texas, the 2nd day of July 19 68 . City Clerk City of Wichita Falls, Texas • Affidavit of Publication THE STATE OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this . 30th ,day of July A.D. 1968 . personally appeared before me, the undersigned authority Katherine Parrish . bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times, a newspaper published in Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in Three ( 3 1 _ issues thereof on the following dates: July 5. 1968 July 12, 1968 July 19, 1968 4 Bookkeeper for Times Publishing Company of Wichita Falls Subscribed and sworn to before me this the day and year first above (SEAL) written. i W Vo yd V 2 C -.,O J UCN ,. d d 22w mmO ma L N 2]Z .°..a. 6212 c mo.� fid amp✓>Nd2f2 Fm— 2� .2dy ..b 4',E,1 • > �> • b n•'.s r n�Em�ya nmmf m«-L gO �.. Z is N .p _ ti >g. 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