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Res 519 6/24/1963I RESOLUTION NO. 519 RESOLUTION APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVE- MENTS ON PORTIONS OF ST 7. TS, AVEUTES 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 des- cribed portions of Streets and Avenues 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: 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, with the exception of Giddings Street, shall be further improved by constructing 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 (l ") 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, 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: 2 - 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 streets, avenues and public places, 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 Eleventh Street: From West Property Line Tyler Street to West Curb Line Giddings Street, known and designated as Unit No. 19; the estimated cost of the improvements is $1,158.14.9; 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 end fronts on said Street and the owners of such pro- perty for improvements exclusive of curb and gutter is $20735; total estimated amount per front foot to be assessed avaiust pro- perty which abutts and fronts on said Street and the owners of such property is $3.935; the estimated amount per front foot to be assessed againstprroperty which abutts on said Street, but which fronts on soma other street, and the owners of such pro- perty 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 $2, 079; 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 $3.279. On Giddings Street. From South Property Line Eleventh St. to North Property Line Avenue C, known and designated as Unit No. 18; estimated cost of improvements is $5,284.72; estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such pro- perty for curb and gutter is $1.20; and for improvements exclusive of curb and gutter is $3.418; 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 L+ .618; 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 is, for curb and gutter $1.20: for improvements exclusive of curb and gutter $2.648; total estimated an ount 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 $3 .648. On Avenue C; from West Curb Line Giddings St. to West Pro- perty Line Tyler St., known and designated as Unit No. 20; estimated cost of improvements is $1,171.61; estimated amount per front foot to be assessed against property which abutts and fronts on said Street and tho owners of such pro- perty is, for curb and gutter $1.20; for improvements exclu- sive of curb and gutter $3 .767; 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 40967; 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, is, for curb and gutter $1.20; for improvements exclusive of curb and gutter $2.939; 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 t4.139. 3 - III. A hearing will be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texas, ID all owning or claiming any property abutttig on 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 8th day of July 1963, at 7:30 P.M. in the City Council Room of the Memorial 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 Legis- lature 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 (3) times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least ten (10) 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 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 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 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 persons interested to receive said notice, shall in no wise 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 24th day of June Ai 1963. OP Ir. All _ ATTEST:M yor iaggia City Clerk 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 CLAIM- ING ANY INTERESTS IN ANY SUCH PROPERTY: 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, grading and filling same, 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") concrete curbs and gutters; each of the hereinafter described portions of streets and avenues, with the exception of Giddings Street, shall be further improved by constructing thereon six-inch (6") Reinforced Concrete Valley Gutters; and each of the herein- after 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 (1 1/2") 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, 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: It is hereby found and determined that the cost of improvements on each portion of streets, avenues and public places, 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 Eleventh Street: From West Property Line Tyler Street to West Curb Line Giddings Street, known and designated as Unit No, 19; the estimated cost of the improvements is $1,158.49; 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 $2.735; 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 $3.935; 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 pro- perty for curb and gutter is $1.20; the estimated amount per front foot to be assessed against pro- perty 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 $2.079; 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 $3.279. On Giddings Street: From South Property Line Eleventh St., to North Property Line Avenue C, known and designated as Unit No. 18; estimated cost of improvements is $5,284.72; 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, and for improvements exclusive of curb and gutter is $3.418; 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 $4.618; 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 is, for curb and gutter $1.20, for improvements exclusive of curb and gutter $2.648; 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 pro- perty is $3.848. On Avenue C: From West Curb Line Giddings St. to West Property Line Tyler St., known and designated as Unit No. 20; estimated cost of improvements is $1,171.61; estimated amount per front foot to be assessed against property which abutts and fronts on said Street and the owners of such property is, for curb and gutter $1.20, for improvements exclusive of curb and gutter $3.767; 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 $4.967; 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, is, for curb and gutter $1.20, for improvements exclusive of curb and gutter $2.939; 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 $4.139. A hearing will 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 on 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 8th day of July, 1963, at 7:30 P.M. in the City Council Room of the Memorial 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 (3) times in a newspaper published in the City of Wichita Falls, Texas, the first publication to be made at least ten (10) days before the date of said hearing. Said notice shall comply with and be in accordance with the terms and pro- visions 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 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 owners or persons. It shall not be necessary for the City Clerk to mail said notice to any owner or other person claim- ing 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 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 pro- vided for, or failure of the owners or other persons interested to receive said notice, shall in no wise 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. Done by order of the Board of Aldermen of the City of Wichita Falls, Texas, 24th day of June, 1963. W. B. Hic s, City Clerk, City of Wichita Falls, Texas. APPROVED AS TO FORM: I/ t4. H. P. o• :e, J. C ty Attorney