Ord 2415 5/7/1968 ORDINANCE NO. Z./ /5'
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES
OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND
OF AMOUNTS TO BE ASSESSED ON GRANT STREET FROM
KEMP BOULEVARD TO AVENUE I, 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 EN-
GROSS 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;
WHEREAS, 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 of sandstone foundation; four and one-half (4-1/2)
inches of hot mix asphaltic concrete base; and one and one-half (1-1/2)
inches of hot mix asphaltic concrete surface.
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 appurte-
nances; all of said improvements to be constructed as and where shown on
the Plans and in strict accordance with the Plans and Specifications there-
for; and contract therefor has been made and entered into with R.O. Green
Construction Company, 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 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:
GRANT STREET; From Kemp Boulevard to
Avenue I
•
The estimated cost of improvements is $82,243.50; the estimated
amount per front foot to be assessed against abutting property and the
owners thereof for combined concrete curb and gutter and asphaltic concrete
pavement widening is $2.78; °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 4th day of June,
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 an Act passed at the First Called Sess-
ion 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 adver-
tisement at least three times in a newspaper published in the City of
Wichita Falls, Texas, the first publication to be made at least twenty-
one (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 pre-
paid, 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 necess-
ary 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 is unknown to the City Clerk and cannot be determined by the
City Clerk after reasonable investigation. In this connection, the
City Clerk shalt 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 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 evid-
ence 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 inter-
est 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 approp-
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 7 DAY OF ,19 ,,p.
MAYOR �L
ATTEST:
CITY CLER
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 improved by raising, grading and filling same and by
further constructing thereon the improvements hereinafter specified
to-wit:
Four (4) inches of sandstone foundation; four and one-half
(4-1/2) inches of hot mix asphaltic concrete base, and one and one-
half (1-1/2) inches of hot mix asphaltic concrete surface.
The above, together with combined concrete curbs and gutters
on proper grade and line where same are not already constructed, to-
gether 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 contract therefor has been made and entered
into with R. 0. Green Construction Company, Wichita Falls, Texas.
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:
GRANT STREET: From Kemp Boulevard
To Avenue I
The estimated cost of improvements if $82,243.50; the estimated
amount per front foot to be assessed against abutting property and the
owners thereof for combined concrete curb and gutter and asphaltic con-
crete pavement widening is $2.78; which is the total estimated amount per
foot to be assessed against abutting property and the owners thereof.
I
•
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 June, 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 assesssed
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
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, 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 7 day of (/ , 19 f
City Clerk
City of Wichita Falls, Texas
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On this 29th day of
A.D. . 1963. personally appeared before me, the undersigned authority
KA hr rri re+ "Pny*Y4 , bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the
Wichita Falls Record News, a newspaper published at 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 t 3 ) issues thereof on the following
dates:
4'ly 10, 1.96a 1. 17 '9 R -3N 2)1,
19 ,rt
J 17,
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above
(SEAL) written.
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