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