Ord 2188 9/27/1965 •
ORDINANCE NO jag
g
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING AT ROSEWOOD STREET FROM DUNCAN STREET
TO LOOP 165 AND ROSEWOOD GRADE CROSSING FROM LOOP 165 TO TEXAS
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 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 COM-
PLETE 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:
One and one-half (12) inches of hot mix asphaltic concrete on five (5)
inch thick Type-A hot mix asphaltic concrete over four inch thick 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 J. F. Foster and Sons, Contractor, 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 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:
Rosewood Street: From the south property line of Duncan Avenue
to the north right-of-way line of the Fort Worth
and Denver Railroad.
The estimated cost of improvements is $174,288.23, the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.47.
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 own-
ing or claiming any interest in any such property. Such hearing shall be given
and held on the 11th day of October, 1965, 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 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 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 AY OF %„4 // I ' 1965.
ATTEST: 0 MAYOR
CITY CLERK
r
f ' J
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:
One and on-half (11/2) inches of hot mix asphaltic concrete on five (5)
inch thick Type-A hot mix asphaltic concrete over four inch thick 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 J. F. Foster and Sons,
Contractor of Wichita Falls, Texas, for the making and construction of such im-
provements.
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:
Rosewood Street: From the south property line of Duncan Avenue
to the north right-of-way line of the Fort Worth
and Denver Railroad.
The estimated cost of improvements is $174,288.23; the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.47 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 11th day of October, 1965, 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
with any and all amendments thereto, said Act now being known as Article 1105b
ti
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 27th day of September, 1965.
Mrs. Wilma Thomas, City Clerk
City of Wichita Falls, Texas
v,
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Affidavit
',-,, ,,"4.;,Owittlatt9V-roilkirtWsk-4,Y
- Pl4OPERTY' 'ABUTTI NG UPON.'-THE i
HEREINAFTER DESCRIBED POR-
of Publication
on
ati
TIONS OF• STREETS, AVENUES AND
PUBLIC PLACES IN THE CITY OF
I WICHITA FALLS,TEXAS, AND TO ALL I THE STATE OF TEXAS
OWNING OR CLAIMING ANY INTER-
EST IN SUCH PROPERTY:
The Board of Aldermen of the City of
Wichita Falls, Texas, has heretofore or-
dered that the hereinafter described per-nra)
tions of Streets, Avenues, and public 7" —
\
Tex-
places in the City of Wichita Falls, Tex-
as, be improved by raising, grading and i
filling same and by further constructing
thereon the improvements hereinafter
specified to-wit: I COUNTY OF
On this WICHITA
21 day of , October
mix asphaltic concrete on five (5) inch A.D. . . personally appeared
One and one-half (11/2) Inches of hot,
thick Type-A hot frli*,,W1,-9itic..SPricSete'
\cy 1965 ared before me, the undersigned ..........
ovet foir, inch picletandtfone authority
P -
vnie awrisluoth,f,ToortgprOirdat cot1/4 Patricia Ann Pendlet
, Law-4,162,1..irid,4„gunm,pn prpper gust ' on
, ,f.w line 4Mitre..stkev'art•not'aiready-ed.
*itstageepigelheri•VvithOtoinvreewere , bookkeeper
anadra ins and Other hecessary hidden, for the Time
tals and appurtenances; all of said im- Times Publishing Company of Wichita Falls, publishers of the
tions therefor. Contract has been made' Record News
and entered Into with J. F. Foster and' , a newspaper published at W. h't
Sons, Contractor of Wichita Falls, Texas, Wichita County, Texas, lc I a Falls in
for the making and construction of such , exas a
improvements. , nd upon being duly sworn b
Estimates of the cost of such improve-\ that the attach d by me, on oath states
ments far each portion of Street,Avenue,
, e ,advertisement is a true and co t
and public place have been prepared and, rrec copy of advertising
approved. I published in.,.„,. Three (3)
It is hereby found and determined that
'the cost of Improvements on each por-
-
tion of street; avenue and public place■ dates: issues thereof on the following
•hereinafter described, with the amount, ng
or amounts per front foot proposed to be 11
assessed for such improvements against, 5
abutting property and the owners there-1 .......2Ptember 0 1' ` •
•of, are as follows, to wit:
• Rosewood Street: From the south Von-
1 1 erty line of Duncan Avenue to the north
■right-of-way line of the Fort Worth and,
Denver Railroad.
,. ...1
The estimated cost of
$174,288.23; the estimated amount per Bookkeeper for Times Publishin g C ompany
front foot to be assessed against abutting
Improvements Is'
property and the owners thereof for com-
bined concrete curb and gutter Is $1.47
which is the total estimated amount per. Subscribed and
front foot to be assessed against.abutting
SW0171 , •
1 property and the owners thereof. to before me this the day and f.
A hearing will be given and held !
by written. -r\ year first above
and before the governing body of the ,
!City,of Wichita Falls, Texas, on the 11th
day of October, 1965, at 7:30 o'clock p.m.
, 'i
,in the Council Room of the Mernoriai,
- --,
_..2.21
Auditorium Building, 1300 Seventh Stree
in the City of Wichita Falls, TexaS, foi
all owning or claiming ally property,
abutting upon said portions of streets,
avenues, and public places and to all N,
owning or claiming any interest in suchl
property. M said time and place, all
owning or claiming any such propertY,,
or any interest therein, shall be and
appear and will be fully heard concern-'
ing said improvements, the costs therel
of, the amounts to be assessed therefor,\
the benefits to the respective parcels of
j abutting property by means of the im-
1 provements on the portions of streets,1
avenues, and public places upon which 1
\the property abuts, and concerning the
regularity, validity and sufficiency of the
contract for and-all proceedings relating
to such Improvements and proposed as-
sessments therefor, and concerning any
matter as to which they are entitled to
hearing under the law in force in the
\ ,
City and under the proceddings of the
City with reference to said matter. Fol-
lowing such hearing, assessments will be
I levied, shall be a personal liability of the I
owners of such property and a first and 1
prior lien upon the property as provided
1 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 l,
Fortieth Legislature of the State of Texas,
known as Chapter 106 of the Acts of said
Session,together with any and all amend-I
ments thereto,said Act now being known,
\
as Article 1105b of Vernon's Texas Civil
Statutes,which has been made a part oft
I the Charter of the City of Wichita Falls,
Texas.
Of all said matters and things, all ovv -
leg or claiming to own any such proper-
ty of any interest Merin, as well as all
\ \
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,
1 the 27th day of September, 1065. 5-Mrs.
'Wilma Thomas, City Clerk, City of
Wichita Falls, Texas.
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