Ord 2117 9/28/1964 ORDINANCE NO. /%1
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR ASSESSMENT PAVING FOR A PORTION OF FM-369 (SOUTHWEST PARK-
WAY) 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 street in the City of Wichita Falls,
Texas, be improved by raising, grading and filling same and by constructing thereon
the following to-wit:
An asphaltic concrete pavement consisting of three lanes in each direc-
tion with a variable width median divider.
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 Zack Burkett and W. E. Brittain, General Contract-
ors, 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 the
street 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:
From a point 600 feet west of the west property line of Barnett Road
to the east property line of Kemp Boulevard, also known as Farm-to-Market Road
2380.
The estimated cost of improvements is $990,000; the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.58.
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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 owning or
claiming any interest in any such property. Such hearing shall be given and held
on the 12th day of October, 1964, 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 pub-
lished in the City of Wichita Falls, Texas, the first publication 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 interest in said proper-
ties, to the last known address of said owner or persons. It shall not be neces-
sary 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 claim-
ing 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 claim-
ing 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 oC, DAY OF 4-r,f'-f j, ! '4 _ 9 1964.
ATTEST: 1
MAYOR
CI CLE,r.4K
Wichita Falls, Texas
September 23, 1964
TO THE HONORABLE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS
In accordance with the proceedings of your Honorable Body as
evidenced',by the adoption of Ordinance No. 2110, I have prepared esti-
mates of the cost of street improvements as shown below:
The estimates of the total cost of improvements of FM-369
(Southwest Parkway) is $990,000. The estimated amount to be assessed
against adjacent property owners .for curb and gutter is $1.58 per linear
foot, amounting to $16,000. The estimated cost incurred by the City of
Wichita Falls is $168,301.19.
Funds from street and storm drain Bond Funds have been de-
posited with the Texas Highway Department to provide for payment of
the total, cost of City and property owners' share.J. F. arlow, Jr
JFF:mr Dire<'or .of Pub1 Works
A t
N O T I C E
THE STATE OF TEXAS
COUNTY OF WICHITA
Notice is hereby given that the governing body of the City
of Wichita Falls, Texas, has ordered and determined it to be neces-
sary that the following street in the City of Wichita Falls, Wichita
County, Texas, be improved and that a portion of the cost of such
improvement is to be specially assessed as a lien upon the property
abutting thereon, ' and said portions of streets in the City of
Wichita Falls, Texas, as follows:
FM-369 (Southwest Parkway)
From a point 600 feet west of the west property line of
Barnett Road to the east property line of Kemp Boulevard, also known
as Farm-to-Market Road 2380.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused
this instrument to be executed in its behalf and signed by its Mayor,
this 2 j day of ( /` , A.D. , 19 4;c(
MAYOR'
ATTE T:
7 City Cle
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, a Notary Public in and
for the State and County aforesaid, on this day personally appeared
Mr. J. Winston Wallander known to me to be the person whose name is sub-
scribed to the foregoing instrument, and acknowledged to me that he exe-
cuted the same as the act and deed of the City of Wichita Falls, a munici-
pal corporation of Wichita County, Texas, and as the Mayor thereof,, and
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
of A.D., 19
Notary Public in and for
Wichita County, Texas
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