Loading...
Ord 3607 2/5/1980 4 ORDINANCE NO. Q AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOOP 473 (THE OLD JACKSBORO HIGH- WAY) FROM THE NORTH PROPERTY LINE OF THIRTIETH STREET TO THE SOUTH PROPERTY LINE OF CHESTER AVENUE, AND LOT 5, BLOCK C, J. A. KEMP ADDITION IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDG- ING THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR • THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PRO- PERTIES FOR CONCRETE CURBING AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENT OF SUCH ASSESS- MENTS; DIRECTING THE CITY ENGINEERS TO PREPARE ESTIMATES OF COST; DIRECTING THE CITY CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY, TEXAS; DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT ! PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, AS AMENDED, COMMONLY KNOWNS AS ARTICLE 1105B OF VERNON'S TEXAS CIVIL STATUTES: 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 ALDER- MEN AND BY FILING THE COMPLETE ORDINANCE IN THE APPRO- PRIATE ORDINANCE RECORDS OF THE CITY;PROVIDING AN EFFEC- TIVE DATE; PROVIDING SUNDRY OTHER MATTERS. WHEREAS, the Texas Highway Department has prepared plans and specifications for the improvement of the hereinafter described portions of Loop 473 (Old Jack- boro Highway) in the City of Wichita Falls , Texas and the same have been examined by the City Engineer of the City of Wichita Falls and found to be in all matters and things proper and in accordance with an agreement dated Nov. 7, 1979, with the City of Wichita Falls and the State Highway Commission reflected by State High- way Department Minute Order No. 969333 and 70259, NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1 . The herinafter described Plans and Specifications are hereby approved and adopted. II . There exists a public necessity for the improvement of the hereinafter des- cribed portion of Loop 473 (Old Jacksboro Highway) in the City of Wichita Falls, Texas, to-wit: A portion of Loop 473 (The Old Jacksboro Highway) from the north property line of Thirtieth Street to the South Property line of Chester Avenue, and Lot 5, Block c, J.A. Kemp Addition. The cost of said improvements as hereinafter defined shall be paid for as follows, to-wit: A. The property abutting on that portion of this project which is found to benefit from the improvements shall pay all the cost of concrete curbing in front of their property. B. The City of Wichita Falls and the Texas Highway Department will pay all of the remainder of the cost of said improvements as reflected by the previously mentioned agreements. v i IV. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas , as amended , now shown as Article 1105B of Vernon' s Texas Civil Statutes , which act has been adopted as an amendment to and made a part of the Charter of the City of Wichita Falls , Texas , and under which law these proceedings are taken and had. i ' V. The City Engineer of the City of Wichita Falls , Texas , be and he is hereby, ordered and directed to file with the City Council , estimates of the cost of such improvements in each unit , in accordance with the terms of the powers and provisions of the Charter of the City of Wichita Falls , Texas. VI . ' The City Clerk is directed to prepare , sign and file with the County Clerk of Wichita County, Texas , a notice in accordance with the provision of 1 the Act passed at the Fifth Called Session of the Forty-first Legislature of i j j the State of Texas , as amended, and shown as Chapter 21 of the Acts of said Session of the Legislature and now shown as Article 1220A of Vernon 's Texas 1 I Civil Statutes. VII . 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 1 and by filing the complete ordinance in the appropriate Ordinance Records of � Y 9 P 1 ' this City. ,r - VIII . The fact that the making and constructing of the said improvements is being delayed pending the taking effect of this ordinance, and that the con- ditions of such portions of streets and avenues and endangers public health and safet y, 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 5th DAY OF February 19 80 . 1 I ' ,j I _ l I . . 1 ! MAYOR 1 ' ATTEST: , I 11 v--.4..F.2_,A,.)--7#.264 ,A/,:er-y)---t_W-a,/ • I j, City Clerk ` Ii J ; 11 1 1 II. 1 Ji 1 r . NOT I C E THE STATE OF TEXAS: �j I 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 necessary 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: A portion of Loop 473 (The Old Jacksboro Highway) from the North property line of Thirtieth Street to the South property II line of Chester Avenue, and Lot 5, Block C,J.A. Kemp Addition. IN TESTIMAONY WHEREOF, The City of Wichita Falls has caused this instru- , ment to be executed in its behalf and signed by its Mayor, this the 5th Day of FEBRUARY 1980 MAY O R ATTEST: • City Clerk STATE OF TEXAS COUNTY OF WICHITA 1 Before me, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared Mr. Kenneth Hill , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of. , Wichita Falls, a municipal 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 5 DAY OF 1980 �l �'^ �{� Martha L. Cecil ICcA.L41 — c]� No{ary Public in and for Wichita County, Texas