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Res 480 1/8/1962RESOLUTION NO . 'cig0 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVE- MENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON PORTIONS OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND OTHERS INTERESTED, AND DIRECTING THE CITY CLERK TO GIVE NOTICE. WHEREAS, the Board of Aldermen of the City of Wichita Falls , Texas has heretofore ordered that each of the hereinafter described portions of Streets, and Avenues in the City of Wichita Falls , Texas, be improved by raising, g ra din g and filling same, and b y further constructing thereon the improvements hereinafter specified, to-wit: Each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon six inch 6" ) concrete curbs and gutters; each of the hereinafter described portions of streets and avenues shall be further improved by con- structing thereon six inch (6" ) Reinforced Concrete Valley Gutters; and each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon a six inch (6" ) Flexible Base Course with a one and one-half inch (l2") Hot Mix Asphaltic Surface. All of said portions of streets , avenues and public places shall be so improved, together with storm sewers and drains and other necessary incidentals and appurtenances as and where shown on the Plans and in strict accordance with the Plans and Specifi- cations therefor now on file with the City; 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 and found to be in all things right and proper; therefore, BE IT RESOLVED 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 improve- ments on each portion of street, avenue and public place, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof on each such portion is as follows , to-wit: On Tyler Street: From the South property line of Avenue B to the North curb line of Avenue C, known and designated as Unit No. 21; the estimated cost of the improvements is $2,883.97; the esti- mated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for curb and gutter is $1.20; the estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for improvements exclusive of curb and gutter is $4.295; total estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property is $5.495; the estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property for curb and gutter is $1.20; the estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street and the owners of such property for improvements exclusive of curb and gutter is 3.379; total estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property is $)4 .579. 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 claim- ing any property abutting on said portions of streets, avenue and public place, as well as to all owning or claiming any interest in any such property. uch hearing shall be given and held on the Z day of 1962, at 7:00 o 'clock, P.M. in the City Council - oom of the emorial Auditorium located at 1300 Seventh Street 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 inserted at least three times in a newspaper published in the City of Wichita Falls, Texas , the first publication to be made at least ten 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 claim- ing any property abutting said portions of streets , avenue and pub- lic place, 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 owners 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 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, the names of the record owners of respective properties and the 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 persons 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 2- 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 shall be conclusive evidence of the facts therein recited. Failure of the City Clerk to give the notice of hearing by mail as herein provided for, or failure of the owners or other person in- terested 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 said notice shall have been given by newspaper advertisement as first herein above provided. IV. This resolution shall take effect and be in force from and after its passage . PASSED AND APPROVED this day of 4a44.24_4(Alc,1 1962. V Al ^ A Mr vayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 3- r g,,.r__ z._. . / if-d NOTICE TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTIONS OF STREETS, AVENUE AND PUBLIC PLACE IN THE CITY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING OR CLAIMING ANY INTEREST IN ANY SUCH PROPERTY: The governing body, the Board of Aldermen of the City of Wichita Falls, Texas , has heretofore ordered that each of the hereinafter described portions of streets, avenue and public place in the City of Wichita Falls , Texas , be improved by raising, grading and filling same and by constructing thereon combined concrete curbs and gutters on proper grade and line where same are not already so constructed, and by further constructing thereon the improvements hereinafter specified, to-wit: Each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon six inch (6" ) con- crete curbs and gutters. Each of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon six inch (6") Rein- forced Concrete Valley Gutters . All of the hereinafter described portions of streets and avenues shall be further improved by constructing thereon a six inch (6" ) Flexible Base Course with a one and one-half (1i) inch Hot Mix Asphaltic Surface. All of said portions of streets , avenues and public places shall be so improved, together with storm sewers and drains and other necessary incidentals and appurtenances as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor now on file with the City; and contract has been made and entered into with J. F. Foster & Sons Construction Co. of 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. The portions of streets, avenue and public place so to be im- proved, together with the estimated cost of the improvements for each such portion of street, avenue and public place and the amount or amounts per front foot proposed to be assessed against the abutting property and the owners thereof on each such portion of street, ave- nue and public place are as follows : On Tyler Street: From the South property line of Avenue B to the North curb line of Avenue C , known and designated as Unit No. 21; the estimated cost of the improvements is $2,883.97; the estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for curb and gutter is $1.20; the estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property for improvements exclusive of curb and gutter is 4.295; total estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property is $5.495; the estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property for curb and gutter is $1.20; the estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street and the owners of such property for improvements exclusive of curb and gutter is $3.379; total estimated amount per front foot to be assessed against property which abutts on said Street, but which fronts on some other street, and the owners of such property is $4.579. A hearing will be given and held by and before the governing body of the City of Wichita Falls , Texas on the 22nd day of January, 1962 at 7:00 o 'clock, P .M. in the Council Room of Memorial Auditorium Building, 1300 - 7th Street in the City of Wichita Falls , Texas, to all owning or claiming any property abutting upon said portions of streets , avenue and public place and to all owning or claiming any interest in any 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, avenue and public place upon which the property abuts, and concerning the regularity, validity and suffi- ciency of the contract for and all proceedings relating to, such im- provements 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 assess- ments when levied, shall be a personal liability of the owners of such property, and a first and prior lien upon the property as pro- vided by the law in force in the City, and under which the proceedings are taken, being an act passed at 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 shown 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 . The improvements on each said portion of street, avenue and public place constitute an entirely separate and distinct unit of improvement, all to the same extent as if entirely separate and distinct proceedings had been taken with reference to the improvements and assessments therefor. In connection with im- provements on each such portion of street, avenue and public place and the assessments against the property abutting upon one unit shall be and are in nowise affected by any fact or circumstance re- lating to or connected with the improvements in any other unit. Of all said matters and things, all owning or claiming 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 , this the 9th day of January, 1962. A. L. Fitts , City Clerk, City of Wichita Falls, Texas. APPROVED AS TO FORM: t,. 11 P . HODGE,/ , ity Attorney 2-