Ord 2116 9/28/1964 ORDINANCE NO. c kt/
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR
ASSESSMENT PAVING AT PIERCE STREET FROM U.S. HIGHWAY 82 AND
277 (FIFTH STREET)TO AND INCLUDING TENTH STREET AND KEMP BOULE-
VARD INTERSECTION 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 Y FILING THE COMPLETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; PRO;
VIDING 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 tom
wit:
One and one-half (12) inches of hot mix asphaltic concrete on eight (8)
inches of cement stabilized base on four inches (4) of sandstone, . and where applica-
ble,
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:
Pierce Street: From U.S. Highway 82 and 277 (Fifth Street)
to and including Tenth Street and Kemp :oule-
yard intersection.
The estimated cost of improvements is $119,264.90; the estimated amount
per front foot and per side foot to be assessed against abutting property and the
owners thereof for combined concrete curb and gutter is $1.53 which is the total
estimated 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 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.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 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
V M
passed as an emergency measures 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 elg _DAY OF �� i�; __.. ` s 1964.
Mayor
ATTEST:
City Cler
f
Wichita Falls, Texas
September 16, 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. 2109, I have prepared esti-
mates of the cost of street improvements as shown below:
The estimates of the total cost of improvements of Pierce
Street outlined in Ordinance 2109 is $119,264.90. The estimated amount
to be assessed against adjacent property owners for curb and gutter is
$1.53 per linear foot, amounting to $5,261.82. The estimated cost in-
curred by the City of Wichita Falls is $114,003.08.
Funds for the property owners' share of the cost of paving
are available in the Assessment Paving Account. Funds for the City's
share of the cost of paving are available in Account 63-S-2 of the
Capital Improvement Bond Fund.
3. # Farlow, Jr.
JFF:mr Dir- tor of Public W , ks
N O T I C E
OMB 1114•41
THE STATE OF TEXAS X •
COUNTY OF WICHITA X
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:
Pierce Street from U.S. Highway 82 and .277' (Fifth Street)
to and including Tenth Street and the Kemp Boulevard Intersection.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused
this instrument to be executed in its behalf and signed by its Mayor,
this 7v day of (at'- ,� pit J , A.D., 19
Mayor
ATTE T:
Ci y Cler
STATE OF TEXAS ' X
COUNTY OF WICHITA X
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
•