Ord 2341 7/10/1967 ORDINANCE NO. ,7..0:q//
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING ON THE OLD WINDTHORST ROAD FROM 1900
FEET SOUTH OF EAST SCOTT TO THE NORTH SERVICE ROAD OF U. S.
HIGHWAY 287 EXPRESSWAY, 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 inches of cement stabilized pit run Kickapoo gravel 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 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 Timmins and Anderson Contractors,
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 amount 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 improvements against
abutting property and the owners thereof, are as follows, to-wit:
OLD WINDTHORST ROAD From 1900 feet south of East Scott
to the north service road of U. S.
Highway 287 Expressway.
The estimated cost of improvements is $16,196.69 the estimated
amount per front foot to be assessed against abutting property and the owners
thereof for combined curb and gutter is $1.59
•
III.
A hearing to 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 own-
ing or claiming any interest in any such property. Such hearing shall be given
and held on the 14th day of August, 1967, 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
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 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 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 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, 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 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 as 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 endanger 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 /Cuv DAY OF / 19 .
Mayor
ATTEST:
•
City Clerk
NOT I C E
TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING
UPON THE HEREINAFTER DESCRIBED PORTION 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 construction thereon
the improvements hereinafter specified to-wit:
Six inches of cement stabilized pit run Kickapoo gravel 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 and drains and other necessary incidentals and appurt-
enances; 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 Timmins and Anderson Contractors
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.
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:
The paving of the Old Windthorst Road from 1900 feet south of
East Scott to the north service road of U. S. Highway 287 Expressway.
The estimated cost of improvements is $16,196.69
the estimated amount per front foot to be assessed against abutting property
and the owners thereof for combined concrete curb and gutter is $ 1.59
which is the total estimated amount per front 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 14th day of August, 1967, at
7:30 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
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 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 1105-b 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 any-
wise interested or affected will take notice.
Done by order of the Board o Aldermen of the City of Wichita
Falls, Texas, the /lay of ,19 7 .
Wilma Thomas, City Clerk
City of Wichita Falls, Texas
Affidavit of Publication
THE 'STATE, OF TEXAS
COUNTY OF WICHITA
(Paste Clipping Here)
On this . 28th • day of July
TO AIL O9(J NG R C nAIMMd.G'-ANY I
•P;ROPERTY:vkkuTrtim. tf F OV4 THE A.D,
.967 personally appeared before me, the undersigned authority DESORTIIED PORTION
OF STREETS, AVENUES AND PUBLIC IN THE PLACES I Katherine P
1sh
I FALLS, AND TO ALL OWNING bookkeeper
I OR CLAIMING ANY INTEREST IN
SUCH PROPERTY:
The Board of Aldermen of the City of
; Wichita Falls, Texas, has heretofore or- for the Times Publishing Company of Wichita Falls, publishers of the
dered that the hereinafter described por-
tions of Streets, Avenues and public plac-
es in the City of Wichita Falls, Texas, Wichita Falls Record News, a newspaper published at Wichita Falls in
be improved by raising, grading and fill-
ing construction
by further
ing same and s
t h e r e o n the improvements hereinafter Wichita County, Texas, and upon being duly sworn by me, on oath states
specified to-wit:
Six inches of cement stabilized pit run
Kickapoo gravel base. that the attached,advertisement is a true and correct copy of advertising
The above, together with combined con-
crete curbs and gutters on proper grade
and line where same are not already so.
constructed, together with storm sewers; published in-..,, 3 ( three ) issues thereof on the following
and drains and other necessary incident-
als and appurtenances; all of said Im-I
provements to be constructed as and dates: e T
where shown on the Plans and Specifica-
tions July i' 1967 July 21, 1967 July 23, 1967
Tions therefor. Contract has been made July July
and entered into with Timmins and An-I
derson Contractors, Wichita Falls, Texas,1
I for the making and construction of such
improvements.
Estimates of the cost of such improve-
ments for each portion of Street, Avenue, r� Publishing v.
and public place have been prepared and Bookkeeper for Times' Publishing Company
approved.
It is hereby found and determined that of Wichita Falls
the cost of improvements on each por-
tion of Street, Avenue, and public place
hereinafter described,,with the amount or
amounts per front foot proposed to be as- Subscribed and sworn to before me this the day and year first above
sessed for such improvements against
abutting property and the owners there-'A Fly L) written.
of, are as follows, to-wit:
The paving of the Old Windthorst Road
from 1900 feet south of East Scott to the +
/north service road of U.S. Highway 287
Expressway.
The estimated cost of improvements is
816,196.69 the estimated amount per front
I foot to be assessed against abutting prop-
erty and the owners thereof for combined
concrete curb and gutter is $1.59 which
,is the total estimated amount per front :4tk;.iiY;ts.3!'A
foot to be assessed against abutting prop-
I erty and the owners thereof.
11I A hearing will be given and held by and
before the governing body of the City of
Wichita Falls, Texas, on the 14th day of
August, 1967, at 7:30 o'clock p.m. in the
Council Room of the Memorial Auditori-
um Building, 1300 Seventh Street in the
City of Wichita Falls, Texas, for all own-
ing or claiming any property abutting
upon said portions of Streets, Avenues,
and public places and to all owning or
I claiming any interest in such property.
At said time and place, all owning or
claiming any such property, or any inter-
,est therein, shall be and appear and will
Ibe fully heard concerning said improve-
ments, 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 improve-,
ments and proposed assessments there
for, and concerning any matter as to
which they are entitled to hearing under I
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 abutt-
ing 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
!I the property as provided by the law in
;the City and under which the proceedings
1 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,
1,,said Act now being known as Article 110
of Vernon's Texas Civil Statutes, which
has been made a part of the Charter of
the City of Wichita Falls, Texas.
IOf all said matters and things, all owning
or claiming to own any such property
or any interest therein, as well as all
I others in anywise interested or affected
)will take notice.
'Done by order of the Board of Alder-
,men of the City of Wichita Falls, Texas,
the 10th day of July, 1967. s—Wilma
I Thomas, City Clerk,City of Wichita Falls,I
I Texas