Ord 2187 9/27/1965 ORDINANCE NO. I�
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO :E ASSESSED
FOR ASSESSMENT PAVING AT ARCHER STREET FROM KEMP BOULEVARD
TO TAFT BOULEVARD 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:
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 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 estimates be, and they are hereby, adopted 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:
Archer Street: From the east line of Kemp Boulevard to a point
approximately 400 feet west of Taft Boulevard,
said point being the end of existing pavement
connecting to Taft Boulevard.
The estimated cost of improvements is $122,196.50, the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.49.
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
•
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 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 mews—
sure and shall be in force and effect immediately from and after its passage.
/ ,
PASSED AND APPROVED THIS DAY OF /,.' J_ 1965.
AL
ATTEST: MA OR
CITY CLERK
NOTICE
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 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 Specifications
therefor. Contract has been made and entered into with R. O. Green Construction
Company, 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:
Archer Street: From the east line of Kemp Boulevard to a point
approximately 400 feet west of Taft Boulevard,
said point being the end of existing pavement
connecting to Taft Boulevard.
The estimated cost of improvements is $122,196.50; the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.49 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
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.
i 1
/
/ /
I
Wilma Thomas, City Clerk
City of Wichita Falls, Texas
1
'YO I at fa Nl Ol Calkn{��i ®®®®
,PROPERTY ':'AB.UTTtNG UPON': THE. Affidavit idavit o f Publication ,
HEREINAFTER DESCRIBED PORTIONS
OF STREETS, AVENUES AND PUBLIC
PLACES IN THE CITY OF WICHITA
FALLS, TEXAS, AND TO ALL AWNING.
OR CLAIMING ANY INTEREST IN SUCH THE STATE: OF TEXAS
PROPERTY: - ..
The Board of Aldermen of the City of
Wichita Falls, Texas, has heretofore or- COUNTY OF WICHITA,
dered that the hereinafter described par
tions of Streets, Avenues, and public
i places in the City of Wichita Falls,Texas,ere
be Improved by raising, grading and fill-
ing same and by further constructing On th.IS
thereon the improvements hereinafter day of . October
specified to-wit
One and one-half (11/2) inches of hot A.D.•mixtasphaltic;cn1mix asphaltic concrete(crete.;on.fiye (5) Inch • personally y appeared before me, the undersigned authority
rover fair inch thick sandstone base
T,$e 4bo3✓er,�R€kett?4r'n Yri yFor binet#. Patric a sr'
conere14 cufks .4y WitM,.ono sPtgO , bookkeeper
grade and dine wherw;same ,are-roof,la ",
Iready so constructed,together with storm.,
Isewers and drains and other. necessary
incidentals and appurtenances; all of said for the Times Publishing Company of Wichita. Falls, publishers of the
improvements to be constructed as and
where shown on the Plans and.Specifics- Wichita Falls Record News, 'a newspaper published at Wichita Falls in
tions therefor. contract has been made
and entered into with R. 0. Green Con-
struction.Company, Wichita Falls, Texas,
for the making and. construction of such Wichita County, Texas, and upon being duly sworn by me, on oath states
improvements. I'
Estimates of the cost of such improve-s that the attached;advertisement is a true and correct copy of advertising g
and public place have been prepared ands
approved. tall,.....,- !
It is hereby found and determined that published in_ issues thereof on the following
the cost of improvements,on each portion
of street, avenue, and public place here-
inafter described, with the amount or l dates:
amounts per such fopr. amen proposed ga st'l Sept , , 8s, .:,�
assessed for r-such improvements against
abutting property and the owners thereof, .
r are as follows,to-wit:
Archer Street: From the east line of
Kemp Boulevard to a point approximately
400 feet west of Taft Boulevard, said A2.7;14.-/-e,":-.&) a 72,1 , �y,� �.�.i ���
point being the end of existing pavement
connecting to Taft.Boulevard. Bookkeeper for Times Publishing Company
The estimated cost of improvements is', of L L�
$122,196.50; the estimated amount per 0'1 Wichita Falls
front foot..,to be assessed against abutting i
property and the owners thereof for com-I
biped concrete curb and gutter is $1:49, (Subscribed and sworn to before' me this the day and year first above
which is the total estimated amount per
,front foot to be assessed against abutting�I
property and the owners thereof. ,
't
A hearing will be given and held by
andbefore-thegoverning-body of the City
of Wichita Falls, Texas, on the 11th day y I J
of October, 1965, at.7:30 o'clock p.m. in
the Council Room of the Memorial Audi-j �r `m �
torium Building, 1300 Seventh Street in
the City of Wichita Falls, Texas, for ail' f - i
owning or claiming any property abutting
upon said portions of streets, avenues,'
and public places and to all owning or _✓j
claiming any interest in such property.At
_ -
said time and place, all owning or claim-
- ing 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 as-
sessed therefor, the benefits to the re-I
spective parcels of abutting property by
means of
tions of streets, avenues,improvements the I
enues, and public
es upon which the property abuts, and
concerning the regularity, validity, and;
sufficiency of the contract for and"alit
proceedings relating to such improve-�
rnents and proposed assessments there
for, and concerning any matter as toi
which they re entitled
to hearing underl
the law in force in the City and under'i
the proceedings of the City with reference
to said matters. Following such hearirrlg,,
assessments will be levied against abut-'
ting property and the owners thereof, and
such assessments when levied; shall be al
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 latureCof the eState of the Texas,.t knownges t
Chapter 106 of the Acts of said Session;'
together with any and all amendments
thereto, said Act now being known ast
Article 1105b of Vernon's Texas Civil
j Statutes, which-has been made a part of
the Charter of the City of Wichita Falls,
Texas.
Of all said matters and things, all own-
,ing or claiming to own any such property
'or any interest therein, 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
the 27th day of September,1965.—s-Wilma
Thomas,City Clerk City of Wichita Falls,
I
Texas