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Ord 2228 4/25/1966r-- ORDINANCE NO. 0202)c:2(51 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT LAKE ROAD FROM SOUTHWEST PARKWAY TO ARCHER STREET 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 HEAR- ING; 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 and one-half (62) inches of hot mix asphaltic concrete surface and base of four (4) inches of sandstone sub-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 R 0. Green Construction Company, 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 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 estimated 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: Lake Road: From the north property line of Southwest Parkway to the the south property line of Archer Street. The estimated cost of improvements is $184,944.68, the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $1.49. 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 r . 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 9th day of May, 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 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 inter- est 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 sufficent, 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 c:4 DAY OF CL%y , 1966. ATTEST: YOR CITY CL K 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 herein- after specified to wit: Four (4) inches of sandstone foundation; -four (4) inches of hot mix asphaltic concrete base; and two (2) inches of hot mix asphaltic concrete sur- face. 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 ac- cordance with the Plans and Specifications therefor; and contract therefor has been made and entered into with Asphalt Pavers, Inc. , Wichita Falls, Texas; 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: Alabama Avenue: From the east property line of Lawrence Road to the west property line of Sherman Road. Baltimore Road: From the south property line of York Avenue to the north property line of Alabama Avenue. Baltimore Road: From the south property line of Alabama Avenue to the north property line of Hudson Avenue. Baltimore Road: From the south property line of Hudson Avenue to the north property line of Lafayette Avenue. Baltimore Road: From the south property line of Lafayette Ave- nue to the north property line of Lexington Avenue. cj Baltimore Road: From the south property line of Lexington Ave- nue to the north property line of Fort Worth & Denver Railroad. Baylor Avenue: From the south property line of Ninth Street to the north property line of Tenth Street. Bluff Avenue: From the north property line of Kell Boulevard to the south side of main track of Fort Worth & Denver Railroad. Bridwell Street: From the south property line of Pearl Street to the south property line of McGregor Avenue. Buchanan Street: From the south property line of Avenue U. to the north property line of Avenue V. Buchanan Street: From the south property line of Avenue V. to the south property line of Avenue W. Buchanan Street: From the south property line of Avenue W. to the north property line of Hampstead Lane. Calhoun Street: From the south property line of Jefferson Street to the north property line of Washing- ton Street. Chance Street: From the west property line of Neff Street to the east property line of Holland Street. Chance Street: From the east property line of Rosewood Ave- nue to the west property line of Neff Street. Cleveland Avenue: From the south property line of Juarez Street to the north property line of Welch Street. Colquitt Road: From the north property line of Lot 9, Block 3, Westmoreland Park Addition to the south property line of Kessler Boulevard. Colquitt Road: From the south property line of Kessler Boule- vard to the north property line of York Street. Colquitt Road: From the south property line of York Street to the north property line of Alabama Avenue. Colquitt Road: From the south property line of Alabama Avenue to the north property line of Hudson Avenue. Colquitt Road: From the south property line of Lexington Ave- nue to the north property line of Revere Avenue. Colquitt Road: From the south property line of Revere Avenue to the north property line of Fort Worth & Denver Railroad. Duval Street: From the north property line of Keeler Avenue to the south property line of Wilson Avenue. Elwood Street: From the west property line of Mitchell Street to the east boundary line of W. E. Wilson Acre Block Addition. Elwood Street: From the east property line of Rosewood Avenue to the west property line of Mitchell Street. L • Elwood Street: From the east property line of Tulip Street to the west property line of Rosewood Avenue. Fourth Street: From the east property line of Bluff Street to the west property line of Burnett Street. Gerald Street: From the west property line of Neff Street to the west property line of Holland Street. Gerald Street: From the east property line of Rosewood Ave- nue to the west property line of Neff Street. Hollywood Avenue: From the east property line of Garfield Street to the west property line of Hayes Street. Hudson Avenue: From the east property line of Baltimore Road to the west property line of Wenonah Boulevard. Avenue I: From the east property line of Britain Street to the center of alley of Britain Street and Harrison Street. Avenue I: From the east property line of Giddings Street to the west property line of Britain Street. Jalonic Street: From the west property line of California Ave- nue to the west property line of Colorado Ave- nue. Jalonic Street: From the east property line of Kentucky Street to the west property line of California Avenue. Lebanon Road: From the south property line of Lexington Ave- nue to the north property line of Revere Avenue. Lebanon Road: From the south property line of Revere Avenue to the north property line of Fort Worth & Denver Railroad. Maple Street: From the south property line of Second Street to the north property line of Third Street. Marconi Street: From 150' east of the.east property line of Bailey Avenue to approximately 50' east of the east property line of Neff Street. McGregor Avenue: From the west property line of Bridwell Street to the east property line of Clark Street. North Broadway: From the south property line of North Second Street to the south property line of North Third Street. North First Street: From the east property line of Expressway to the west property line of Stratford Avenue. North First Street: From the west property line of Stratford Ave- nue to the west property line of North Broad- way. North First Street: From the east property line of North Broadway to the east property line of most easterly of North Brook Avenue. North Fifth Street: From the west property line of Stratford Ave- nue to the west property line of Lot 18, Block 22, Scotland Addition. North Fourth Street: From the west property line of North Brook Ave- nue to the east property line of North Broadway. . . . North Second Street: waymtooh the eeast r 1 propertylinefofo Broad- way Avenue: Polk Street: From the south property line of Avenue 0 to the north property line of Avenue Q. Roosevelt: From the east property line of Homes Street t o the east property line of Redwood Avenue. Roosevelt: From the east property line of Redwood Avenue to the east property line of Tulip Street. Roosevelt: From the east property line of Rosewood Ave- nue to the west property line of Neff Street. Santa Fe: From the north property line of York Street to the south property line of Miami Avenue. Seventeenth Street: From the east property line of Austin Street to the west property line of Travis Street. Terrace Street: From the west property line of Fillmore Street to the north property line of Inglewood. Tulip Street: From the south property line of Elwood Street to the north property line of Roosevelt. Twenty-third Street: From the east property line of Holliday Street to the west property line of Yale Street. • Van Buren Street: From the south property line of Ardath Avenue to the north property line of Victory Avenue. Walnut Street: From the east property line of Mississippi to the west property line of Virginia Street. Walnut Street: From the east property line of Virginia Street to the west property line of Kentucky Street. Walnut Street: From the east property line of Kentucky Street to the west line of California Avenue. Walnut Street: From the west property line of California Ave- nue to the east property line of Colorado Ave- nue. Walnut Street: From the east property line of Colorado Avenue to the west property line of Texas Avenue. Warren Street: From the east property line of North Burnett Street to the west property line of North Austin Street. Warren Street: From the east property line of North Austin Street to the west property line of North Travis Street. Warren Street: From the east property line of North Travis Street to the west property line of North Lamar Street. Warren Street: From the east property line of North Lamar Street to the alley between Lamar Street and Scott Street. Whitney Street: From the east property line of Reilly Street to the west property line of Smith Street. • �� - . 4 The estimated cost of improvements is $370,663.03; the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter and asphaltic concrete pavement for a 30' street is $5.63; the estimated amount per side foot to be assessed against abut- ting property and the owners thereof for combined concrete curb and gutter and asphaltic concrete pavement for a 30' street is $4.59 which is the total esti- mated amount per 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 9th day of May, 1966, at 7: 30 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 abutt- ing 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 improvements, the to be assessed therefor, the benefits to 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 force in the City and under which the proceedings are taken, being an act of the First Called Session of the Fortieth Legisla- ture of the State of Texas, known as Chapter 106 of the Acts of said Session, together with any and all amendments thereto, 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 inter- ested or affected will take notice. Done by order of the Board of Aldermen of the City of Wichita Falls, Texas, the � day of / 1966. Wilma J. Thomas, City Clerk City of Wichita Falls, Texas 1 Affidavit of Publication fit, f�sawn,. �. THE STATE OF TEXAS ke , WNA G; tt'C �i' ' COUNTY OF WICHITA RE tNAFTER L�TBED"PCYI ON9 OF STREETS, AVENUES AND PUBLIC re, PLACES IN THE CITY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING' /�„ OR CLAIMING ANY INTEREST IN SUCH On this . Ta,enth—T iirt•h day of �i ", .�}�3 PROPERTY: The Board of Aldermen of the City of Wichita Falls,Texas,has heretofore order- A.D. . . personally appeared before me, the undersigned authority ed that the hereinafter described portions of Streets, Avenues, and public places in the City of Wichita Falls, Texas, be im- Fields proved by raising, grading and filling , La�use fields , bookkeeper same and by further constructing thereon the improvements hereinafter specified to-wit: Six and one-half (61/2) inches of hot mix for the Times Publishing Company of Wichita Falls, publishers of the asphaltic concrete surface and base of (four) inches of sandstone sub-base. The above, together with combined con- Wichita Falls Record News, a newspaper published at Wichita Falls in crete curbs and gutters on proper grade and line where same are not already so constructed, together with storm sewers Wichita County, Texas, and upon being duly sworn by me, on oath states and drains and other necessary incident- als and appurtenances; all of said im- provements to be constructed as and that the attached,advertisement is a true and correct copy of advertising where shown on the Plans and Specifica- tions therefor. Contract has been made and entered into with R. O. Green Con- published in_ Three (3) .issues thereof on the following struction Company, Wichita Falls, Texas, for the making and construction of such improvements. dates: Estimates of the cost of such Improve- ments for each portion of Street,Avenue, May 27, 26, 29 and public place have been prepared and • approved. It is hereby found and determined that L- `" • the cost of improvements on each portion of street, avenue, a n d public place her e- inafter described, with the amount or amounts per front foot proposed to be as- Times Publishing Company p p Bookkeeper Bookkee g Parry sessed for such improvements against Pe abutting property and the owners thereof, of Wichita Falls are as follows, to-wit: Lake Road: From the north property line of Southwest Parkway to the south property line of Archer Street. Subscribed and sworn to before me this the day and year first above The estimated cost of improvements Is 6184,944.68; the estimated amount per L) written. front foot to be assessed against abutting property and the owners thereof for com- r a bined concrete curb and gutter is $1.49 I S. • / 7 which is the total estimated amount per • �/ - /•'� .�. R front foot to be o assessed against abutting �(��Z2. t'- 't.�t- 000 (/t/ "� y•-°"� property and the owners thereof. A hearing by and before the govern be governing body of the City of Wichita Falls, Texas, on the 9th day of May, 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 cost thereof, the amounts to be assess- ed 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 re- lating to such improvements and pro- posed assessments therefor, and concern- ing any matter as to which they are en- titled 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 force in the City and under which the preceedings 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 amendents thereto, said Act now being known as Article 1105b of,Ver- non's Texas Civil Statutes, which has • been made a part of the Charter of the City of Wichita Falls, Texas Of at said matters and things, all own- ing or claiming to own any such property or any interest therein, as well as all oth- ers in anywise interested or affected will take notice. Done by order of the Board of Aldermen of the City of Wichita Falls,Texas,the 25 day of April, 1966. Wilma Thomas, City Clerk, City of Wichita Falls, Texas.