Ord 2135 12/14/1964 ORDINANCE NO.
- AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR
ASSESSMENT PAVING AT TWENTY-ONE LOCATIONS 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 each of 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 (6) inches of hot mix asphaltic concrete on four (4) inches of sand-
stone.
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:
Sunset Drive: From the north property line of Talunar Lane
to 284' north.
Fifteenth Street: From the north property line of Burnett Street
to the south property line of Austin Street.
Bluff Street: From the south property line of 17th Street to
the north property line of 18th Street.
Bluff Street: From the south property line of 16th Street to
140' south.
Sixteenth Street: Leave-out of Lot 12, Block 19, Jalonic Addition.
Marshall Street: From the south property line of McGregor Street
to the north property line of Railroad Street.
Kessler Avenue: From the west property line of Garfield to the
east property. line of Hayes Street.
• Kenesaw Avenue: From the east property line of Garfield Street
to the west property line of Hayes Street.
Lafayette Avenue: From the east property line of Sherman Road to
the west property line of Baltimore Road.
Edison Street: From the east property line of Brick Street to
the east property line of Homes Street.
Homes. Street: From the north property line of Welch Street to
the south property line of Juarez Street.
Holland'Street: From the south property line of Tulsa Street
to the north property line of Flood Street.
Holland Street: From the north property line of Flood Street
to the -south property line of Harding Street.
Cleveland Street: From the south property line of Humphreys
Street to the north property line of Industrial
Route. ,
Cleveland Avenue: From the south property line of Bonner Street
to the north property line of Edison Street.
Cleveland Avenue: From the south property line of Marconi Street
to the north property line of Juarez Street.
Cleveland Avenue: From the south property line of Welch Street
to the north property line of Sullivan Street.
Tulip Street: From the south property line of Duncan Street
to the north property line of Elwood Street.
Stratford Avenue: From the south property line of North 5th
Street to middle of alley south of North
6th, excluding the North Sixth Street inter-
section.
Avenue C: From the east property line of Giddings Street
' to the west property line of Harrison Street,
Rowland Road: From the east property line of Windthorst Road
to 513:9- feet east on Rowland Road.
The estimated- cost of improvements is $96,226.11; 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 $5.43; the estimated amount per side foot to be assessed against abutt-
ing property and the owners thereof for combined concrete curb and gutter and
asphaltic concrete pavement for a -30 street is $4.76 which is the total esti-
mated amount per foot to be assessed against abutting property and the owners
• thereof.
* . .
•
•
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 January, 1964, at 7:30 p.m. , in the Council Chamber
in the. City of Wichita, 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
State of Texas and known as Chapter Session of the Fortieth Legislature of the S t P
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 heating 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 notices 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 /1:til DAY OF ceze_ ` , 1964.
ATTEST: MAYOR
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CITY CLERK