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Ord 2303 2/13/1967 ORDINANCE NO. c 3 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR ASSESSMENT PAVING AT NINTH STREET FROM EAST WENONAH TO BEVERLY DRIVE, AND OLD WINDTHORST ROAD FROM U. S. 287 (EAST SCOTT) 1900 FEET SOUTH, IN THE CITY OF WICHITA FALLS, TEXAS; FIXING TINE 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 AND 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 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: Ninth Street: From East Wenonah to Beverly Drive. Old Windthorst Road: From U. S. 287 (East Scott) 1900 feet south. The estimated cost of improvements is 49,367.80 the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is 81.54 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 27th day of February, 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 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 /5/ DAY OF 1967. 1 /41?4■111■ MAYOR ATTEST: CI " CLERK NOT I C E TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTIONS 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 hereto- fore ordered that the hereinafter described portions of Streets, Avenues, and public places in the City of Wichita Falls, Texas, be improved by raising, grad- ing and filling same and by further constructing thereon the improvements here- inafter 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 appurtenances; 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 cones struction 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 therof, are as follows, to-wit: The paving of Ninth Street from East Wenonah to Beverly Drive, and Old Windthorst Road from U. S. 287 (East Scott) 1900 feet south. The estimated cost of improvements isa_3h'7_F.a the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $1 _5Li 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 27th day of February, 1967, at 7030 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 liabil- ity of the owners of such property, and a first and prior lien upon the property as provided by the law in force 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 • s - M with any and all amendments thereto, said Act now being known as Article 1105b 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 anywise in- terested or affected will take notice. Don1 4 order of th Board of Aldermen of the City of Wichita Falls, Texas, the /j day of elt2-cc-2 ,19 . Wilma Thomas, City Clerk City of Wichita Falls, Texas