Ord 2057 11/11/1963 qq
ORDINANCE NO. x+0 '7
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE
COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR
IMPROVEMENTS ON A PORTION OF HARDING STREET FROM ROSE-
WOOD TO THOMPSON ROAD AND PORTIONS OF SUNDRY OTHER STREETS
AVENUES AND PUBLIC PLACES 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 DIRECT-
ING 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:
Eight (8) inches of cement stabilized conglomerate gravel base
with one and one half (11/2) inches 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 Timmins and Anderson, Contractors,
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 esti-
mates 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 improve-
ments against abutting property and the owners thereof, are as follows, to-wit:
Rosewood Avenue: From the south property line of
Bonner Street to the north property
line of Marconi Street.
and
Harding Street: From the east property line of
Rosewood Avenue to the west property
line of Thompson Road.
The estimated cost of improvements is $168,239.66; the
estimated amount per front foot to be assessed against abutting property
and the owners thereof for combined concrete curb and gutter is $1.35 which
is the total estimated amount per front foot to be assessed against abutting
property and the owners thereof.
Ai
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 25th day of
November, 1963, 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 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 own-
ers of record of the properties to be assessed, and to any person owning
or claiming any interest 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 prop-
erty 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 there-
in 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 assess-
ments levied pursuant to said hearing, but notice of hearing shall be suffi-
cient, valid and binding upon all owning or claiming such abutting property
or any interest therein when same shall have been given by newspaper adver-
tisement 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 improve-
ments 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, constitutes and creates an urgent public necessity, requiring that
this ordinance be passed as an emergency measure, and this ordinance is passed
as an emergency measure and shall be in force and effect immediately from and
after its passage.
PASSED AND APPROVED THIS h:C,QZ6 DAY OF , i_m.g__. .1 19 (0.
APPROVED AS TO FORM AND LEGALITY:
I
'
City Attorney f Ma or
k Y
ATTEST:
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City Clerk