Ord 2253 7/18/1966Pr
•
ORDINANCE NO. (1=-J5
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING FOR A PORTION OF FM-369 (SOUTHWEST PARK-
WAY) 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 street in the City of Wichita Falls,
Texas, be improved by raising, grading and filling same and by constructing thereon
the following to-wit:
An asphaltic concrete pavement consisting of three lanes in each direct-
ion with a variable width median divider.
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 Gilvin Terrell, Inc. , Amarillo, 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 front 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 the
street 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:
From Farm-to-Market Road 2380 to State Highway # 79.
The estimated cost of improvements is $888,183.98; the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.65.
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 15th day of August, 1966, 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 pub-
lished 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 proper-
ties, to the last known address of said owner or persons. It shall not be neces-
sary 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 shall prepare and file with these proceedings a
list of the properties to be assessed, the names of those persons owning or claim-
ing 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 claim-
ing 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 in 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 and endangers 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 Wit) DAY OF c 1966.
ATTEST:
MAYOR
CITY CLERK
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 hereto-
fore ordered that the hereinafter described portions of Streets, Avenues, and
public places in the City of Wichita Falls, Texas, be improved by raising, grad-
ing and filling same and by further constructing thereon the improvements here-
inafter specified to-wit:
An asphaltic concrete pavement consisting of three lanes in each direct-
ion with variable width median divider.
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 Specifications
therefor. Contract has been made and entered into with Gilvin Terrell, Inc. ,
Amarillo, 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:
Southwest Parkway from Farm-to-Market Road 2380 to State Highway # 79.
The estimated cost of improvements is $888,183.98, of which the proport-
ionate share of the State of Texas is $560,183.98 and that of the City of Wichita
Falls is $328,000.00; the estimated amount per front foot to be assessed against
abutting property and the owners thereof for combined concrete curb and gutter is
$1.65 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 15th day of August, 1966, 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 liabil-
ity 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
r ,
e Y
with any and all amendments thereto, said Act now being known 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.
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 in-
terested or affected will take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the 18th day of July, 1966.
Wilma Thomas, City Clerk
City of Wichita Falls, Texas