Ord 2143 1/11/1965 1 '
ORDINANCE NO. 0/1
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING AT FAIRWAY 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; DI-
RECTING 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 APPRO-
PRIATE 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:
Eight inches (8") of cement stabilized base with 13/4" of asphaltic
concrete surface.
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:
Abutting Property on the west side of Fairway:
From a point approximately 225 feet north of the north property
line of Johnson Road to the south property line of Seymour
Highway (U.S. 277)
Abutting Property on the east side of Fairway:
From the north property line of Westward Drive to the south prop-
erty line of Seymour Highway (U.S. 277)
The estimated cost of improvements is $343,499.00, the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.47.
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 25th day of January, 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 fro and after its passage.
PASSED AND APPROVED THIS it__ DAY OF u-_� , 1965.
t_�
tl�� rh . .ii A
MA OR
ATTEST:
04,6-)-t./.413 4711-
CITY CLERK