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Ord 2341 7/10/1967 ORDINANCE NO. ,7..0:q// AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING ON THE OLD WINDTHORST ROAD FROM 1900 FEET SOUTH OF EAST SCOTT TO THE NORTH SERVICE ROAD OF U. S. HIGHWAY 287 EXPRESSWAY, 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 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 inches of cement stabilized pit run Kickapoo gravel base. 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 amount per 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: OLD WINDTHORST ROAD From 1900 feet south of East Scott to the north service road of U. S. Highway 287 Expressway. The estimated cost of improvements is $16,196.69 the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined curb and gutter is $1.59 • III. A hearing to 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 14th day of August, 1967, 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 owners 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 notice 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 as 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 endanger 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 /Cuv DAY OF / 19 . Mayor ATTEST: • City Clerk NOT I C E TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTION OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING OR CLAIMING ANY INTEREST IN SUCH PROPERTY: The Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that 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 further construction thereon the improvements hereinafter specified to-wit: Six inches of cement stabilized pit run Kickapoo gravel base. 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 appurt- enances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. Contract has been made and entered into with Timmins and Anderson Contractors Wichita Falls Texas for the making and construction of such improvements. Estimates of the cost of such improvements for each portion of Street, Avenue and public place have been prepared and approved. 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: The paving of the Old Windthorst Road from 1900 feet south of East Scott to the north service road of U. S. Highway 287 Expressway. The estimated cost of improvements is $16,196.69 the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $ 1.59 which is the total estimated amount per front foot to be assessed against abutting property and the owners thereof. A hearing will be given and held by and before the governing body of the City of Wichita Falls, Texas, on the 14th day of August, 1967, at 7:30 o' clock P. M. in the Council Room of the Memorial Auditorium Building, 1300 Seventh Street in the City of Wichita Falls, Texas, for all owning or claiming any property abutting upon said portions of Streets, Avenues, and public places and to all owning or claiming any interest in such property. At said time and place, all owning or claiming any such property, or any interest therein, shall be and appear and will be fully heard concerning said improvements, the costs thereof, the amounts to be assessed therefor, the benefits to the respective parcels of abutting property by means of the improvements on the portions of Streets, Avenues, and public places upon which the property abuts, and concerning the regularity, validity, and sufficiency of the contract for and all proceedings relating to such improvements and proposed assessments therefor, and concerning any matter as to which they are entitled to hearing under the law in force in the City and under the proceedings of the City with reference to said matters. Following such hearing, assessments will be levied against abutting property and the owners thereof, and such assessments when levied, shall be a personal liability of the owners of such property, and a first and prior lien upon the property as provided by the law in the City and under which the proceedings are taken, being an act of the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session, together with any and all amendments thereto, said Act now being known as Article 1105-b of Vernon's Texas Civil Statutes, which has been made a part of the Charter of the City of Wichita Falls, Texas. Of all said matters and things, all owning or claiming to own any such property or any interest therein, as well as all others in any- wise interested or affected will take notice. Done by order of the Board o Aldermen of the City of Wichita Falls, Texas, the /lay of ,19 7 . Wilma Thomas, City Clerk City of Wichita Falls, Texas Affidavit of Publication THE 'STATE, OF TEXAS COUNTY OF WICHITA (Paste Clipping Here) On this . 28th • day of July TO AIL O9(J NG R C nAIMMd.G'-ANY I •P;ROPERTY:vkkuTrtim. tf F OV4 THE A.D, .967 personally appeared before me, the undersigned authority DESORTIIED PORTION OF STREETS, AVENUES AND PUBLIC IN THE PLACES I Katherine P 1sh I FALLS, AND TO ALL OWNING bookkeeper I OR CLAIMING ANY INTEREST IN SUCH PROPERTY: The Board of Aldermen of the City of ; Wichita Falls, Texas, has heretofore or- for the Times Publishing Company of Wichita Falls, publishers of the dered that the hereinafter described por- tions of Streets, Avenues and public plac- es in the City of Wichita Falls, Texas, Wichita Falls Record News, a newspaper published at Wichita Falls in be improved by raising, grading and fill- ing construction by further ing same and s t h e r e o n the improvements hereinafter Wichita County, Texas, and upon being duly sworn by me, on oath states specified to-wit: Six inches of cement stabilized pit run Kickapoo gravel base. that the attached,advertisement is a true and correct copy of advertising The above, together with combined con- crete curbs and gutters on proper grade and line where same are not already so. constructed, together with storm sewers; published in-..,, 3 ( three ) issues thereof on the following and drains and other necessary incident- als and appurtenances; all of said Im-I provements to be constructed as and dates: e T where shown on the Plans and Specifica- tions July i' 1967 July 21, 1967 July 23, 1967 Tions therefor. Contract has been made July July and entered into with Timmins and An-I derson Contractors, Wichita Falls, Texas,1 I for the making and construction of such improvements. Estimates of the cost of such improve- ments for each portion of Street, Avenue, r� Publishing v. and public place have been prepared and Bookkeeper for Times' Publishing Company approved. It is hereby found and determined that of Wichita Falls the cost of improvements on each por- tion of Street, Avenue, and public place hereinafter described,,with the amount or amounts per front foot proposed to be as- Subscribed and sworn to before me this the day and year first above sessed for such improvements against abutting property and the owners there-'A Fly L) written. of, are as follows, to-wit: The paving of the Old Windthorst Road from 1900 feet south of East Scott to the + /north service road of U.S. Highway 287 Expressway. The estimated cost of improvements is 816,196.69 the estimated amount per front I foot to be assessed against abutting prop- erty and the owners thereof for combined concrete curb and gutter is $1.59 which ,is the total estimated amount per front :4tk;.iiY;ts.3!'A foot to be assessed against abutting prop- I erty and the owners thereof. 11I A hearing will be given and held by and before the governing body of the City of Wichita Falls, Texas, on the 14th day of August, 1967, at 7:30 o'clock p.m. in the Council Room of the Memorial Auditori- um Building, 1300 Seventh Street in the City of Wichita Falls, Texas, for all own- ing or claiming any property abutting upon said portions of Streets, Avenues, and public places and to all owning or I claiming any interest in such property. At said time and place, all owning or claiming any such property, or any inter- ,est therein, shall be and appear and will Ibe fully heard concerning said improve- ments, the costs thereof, the amounts to be assessed therefor, the benefits to the respective parcels of abutting property by means of the improvements on the portions of Streets, Avenues, and public places upon which the property abuts,and concerning the regularity, validity, and, sufficiency of the contract for and all proceedings relating to such improve-, ments and proposed assessments there for, and concerning any matter as to which they are entitled to hearing under I the law in force in the City and under the proceedings of the City with reference, to said matters. Following such hearing, assessments will be levied against abutt- ing property and the owners thereof, and such assessments when levied, shall be a ',personal liability of the owners of such property, and a first and prior lien upon !I the property as provided by the law in ;the City and under which the proceedings 1 are taken, being an act of the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session, together ''with any and all amendments thereto, 1,,said Act now being known as Article 110 of Vernon's Texas Civil Statutes, which has been made a part of the Charter of the City of Wichita Falls, Texas. IOf all said matters and things, all owning or claiming to own any such property or any interest therein, as well as all I others in anywise interested or affected )will take notice. 'Done by order of the Board of Alder- ,men of the City of Wichita Falls, Texas, the 10th day of July, 1967. s—Wilma I Thomas, City Clerk,City of Wichita Falls,I I Texas