Ord 2241 6/6/1966 ORDINANCE NO. 2.Z.
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES CY TAM COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING AT FLOOD STREET FROM THE EAST PROPERTY LINE
OF MILL STREET TO THE WEST PROPERTY LINE OF PARK STREET IN THE
CITY 07 WICHITA FALLS, TEXAS; FIXING TIME AND PLACE FOR DARING
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 OTHERS 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 and One-half inches of hot mix asphalt concrete over Four inches
of sandstone 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 & 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 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 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:
Flood Street: Prom the East Property Line of Mill Street to the West
Property Line of Park Street.
The estimated cost of improvements is $3,931.50, the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.42.
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 27th day of June, 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 published in the City of Wichita Falls, Texas, the first publica-
tion 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 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 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 (D DAY OF , 1966.
,e1?6-ese-IIP/°°°°' ,
MAf0_
ATTEST:
/ •
CITY CLERK
•
N O T 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:
Six and One-half inches of hot mix asphalt concrete over Four inches
of sandstone 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 Specifications
therefor. Contract has been made and entered into with Timmins & Anderson Con-
tractors, Wichita Falls, Texas, for the making and construction of such improve-
ments.
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 Flood Street from the East Property Line of Mill Street to the
West Property Line of Park Street.
The estimated cost of improvements is $3,931.50; the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.42 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 27th day of June, 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 anyninterest 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 improvementsoon 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 lawiln 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, 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 6th day of June, 1966.
Wilma Thomas, City Clerk
City of Wichita Falls, Texas
1
= Affidavit of Publication
N
PI� II�z� TI �S
r• THE STATE OF TEXAS
thu 5
COUNTY OF WICHITA
re)
3-LEGAL NOTICES �' On this . 22nd clay of June 1966
NOTICE
TO ALL OWNING OR CLAIMING ANY A.D. . . personally appeared before me, the undersigned authority
PROPERTY ABUTTING UPON THE
HEREINAFTER DESCRIBED PORTIONS
OF STREETS, AVENUES AND PUBLIC ! i -j i IER.D.F, PARRISH , bookkeeper
PLACES IN THE CITY, OF WICHITA
FALLS, TEXAS, AND TO ALL OWNING
OR CLAIMING ANY INTEREST IN SUCH
PRheE Board of Aldermen of the City of for the Times Publishing Company of Wichita. Falls, publishers of the
Wichita Falls, Texas, has heretofore or-
dered that the hereinafter described por-
tions of Streets, Avenues, and public Wichita Falls Record News, a newspaper published at Wichita Falls in
places in the City of Wichita Falls,Texas, j
be improved by raising, grading and fil- Wichita Count Texas and upon being duly sworn by me, on oath states
ing same by further constructing.there- County, v u p g y swy
on the improvements hereinafter speci- i
fled to-wit:
Six and One-half inches of hot mix that the attached:advertisement is a true and correct copy of advertising
asphalt concrete over Four inches of
sandstone base.
The above, together with combined con- published in...J'i PI R (3) ,issues thereof on the following
crete curbs and gutters on proper grade
and line where same are not already so
constructed, together with storm sewers dates:
and drains and other necessary inciden-
tals and appurtenances; all of said im- dune 1-,, 1 ' vg _ 66
provements to be constructed as and r
where shown on the Plans and Specifi-
cations a
therefor. Contract has been made ��aE `C.tisLZ.w✓-
`� Ls�'V
and nd entered into with Timmins & An-
derson, Contractors, Wichtia Falls, Texas,
for the making and construction of such
improvements. Bookkeeper for Times Publishing Company
Estimates of the cost of such improve-
ments for each portion of Street, Avenue, of Wichita Falls
and public place have been prepared and
approved. ..
It is hereby found and determined that Subscribed and sworn to before me this the day and year first above
the cost of improvements on each portion
of street, avenue, and public place here-
inafter described, with the amount or %L) written.
amounts per front foot proposed to be as-
sessed for such imrpovements against
abutting property and the owners thereof, ' ,. ,
are as follows, to-wit: 1 >'
_
The paving of Flood Street from the
East Property Line of Mill Street to the --- - +
West Property Line of Park Street.
The estimated cost of improvements Is
$3,931.50; the estimated amount per front
foot to be assessed against abutting pro- . - - -
perty and the owners thereof for combined
concrete curb and gutter is $1.42 which
is the total estimated amount per front ;
foot to be assessed against abutting pro-
perty and the owners thereof. l
A hearing will be given and held by
and before the governing body of the
City of Wichita Falls, Texas, on the 27th
day of June, 1966, at 7:30 o'clock p.m. in
the Coucil Room of the Memorial Au-
ditorium 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 claim-
ing any interest in such property. At said '
time and place, all owning or claiming I
any such property, or any interest there-
in, shall be and appear and will b.e fully
heard concerning said improvements, the
cost 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 relating to such improvements and
the regularity, validity, and sufficiency of
the contract for and all proceedings
relating to such improvements and
proposed assessments therefor, and con-
cerning 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 Of all said matters and things, all own-I
when levied, shall be a personal liability ing or claiming to own any such pro-
of the owners of such property, and a�. perty or any interest therein, as well I
first and prior lien upon the property as I as all others in anywise interested or
provided by the law in force in the City affected wit take notice.
and under which the proceedings are taken,II Done by order of the Board of Alder-
being an act of the First Called Session', men of the City of Wichita Falls, Texas,
of the Fortieth Legislature of the State I the 6th day of June,1966.s—Wilma Thom-
of Texas, known as Chapter 106 of the as, City Clerk City of Wichita Falls,
Acts of said Session, together with any Texas. III
and all amendments thereto,said Act now
being known as Article 110Sb of Vernon's
Texas Civil Statutes,which has been made
a part of the Charter of the City of Wich-
ita Falls, Texas.
Of all said matters and things,all own-j
ing or claiming to own any such pro-i