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Ord 2103 8/10/1964 4. ORDINANCE NO. A/6'2 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT FOURTEEN 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 DELCARING 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 0 A 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: Twenty-Ninth Street: From the east property line of Lamar Street to the west property line of Armory Road. Twenty-Eighth Street: From the east property line of Lamar Street to the west property line of Armory Road. Colquitt Street: From the north property line of Hudson Street to the south property line of Lexington Street. Gerald Street: From the west property line of Neff Street to the east property line of Rosewood Street. Redwood Street: From the north property line of Tulsa Street to the south property line of Woods Street Roosevelt Street: From the east property line of Rosewood Avenue to 150' west of Tulip Street Roosevelt Street: From the west property line of Holland Street to the east property line .of Neff Street Gladiolus Street: From the north property line of Elwood Street to the south property line of Duncan Street Fourth Street: From the west property line of Mill Street to the east property line of Patterson Street Patterson Street: From the northwest property line of Fourth Street to the south property line of Lot 5, Block 134, Original Townsite. Maple Street: From the northwest property line of E. Fourth Street to the southeast property line of East Second Street Farris Street: From the northwest property line of Seventh Street to the southeast property line of Fifth Street Farris Street: From the northwest property line of Second Street to the southeast property line of Front Street. Sixth Street: From the southwest property line of: Farris Street to the northeast property line of Loop 165. The estimated cost of improvements is $91,792.35; 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 is $5.51; the estimated amount per side foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter and asphaltic concrete pavement is $4.83 which is the total estimated amount per foot to be assessed against abutting property and the owners thereof. 111 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 August, 1964, at 10:30 a.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 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 ,,/d`, DAY OF , 1964. / /, :t_/// a tr' YQR ATTEST: CITY CLER