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Ord 1825 1/26/1959CRzDINANCE N0, AN ORDINANCE APPROVING AND ADOPTING THE V)RITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS . OF ALL THE IMPROVEMENTS, THE ESTIMATES OF THE COSTS PEP. FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE 011MERS . THEREOF, AND THE EST ITKATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF THIRD (3d) STREET FRCIU THE EAST PROPERTY LINE OF LEE STREET TO THE VEST LINE OF THE INTERSECTION WITH ADAiIS STREET IN THE CITY OF WICHITA FALLS, TEXAS, WITHIN THE LIMITS HEREIN BELOW DESCRIBED AND OF OTHER MIATTERS RELATING THERETO; DETERIMINING and FLING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED :AGAINST AND PAID BY SAID ABUTTING PROPERTY; AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF WICHITA FALLS, TEXAS; DET- RIVIINING THE NECESSITY`S OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPEPtiTY, AND THE REALL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS AP- PORTIONEDA10 THEN; CRDERING' AID SETTING A HEARING AT EIGHT OsCLOCK ON THE ,9th DAY OF FEBRUARY, 1959, IN THE COUNCIL CHAITiBER OF . THE CITY AUDITCRIUAII AT 1300 SEVENTH STREET, WICHITA FALLS, TEXAS, AS THE TIME AND. PLACE FOR THE HEAR ING OF THE ..REAL AND TRUE OVINERS OF THE SAID ABUTTING PROPERTY, AND ALL OTI11ERS INTERESTED IN SAID ABUTTING PROPERTY C R IN THE PROCEEDINGS AND CONTRACT CONCERNING SAID ASSESSIIIIENTS, PROCEEDINGS AND INPROVEIV'IENTS; DIRECTING THE CITY I,IANAGER OF THE CITY OF WICHITA FALLS, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQiIIRFD BY THE LAWS OF THE STATE OF TEK4S AND THE CNARTEi? OF SAID CITY; DECLARING AND PROVIDING THAT THIS_CRDINANCE SHALL TAKE. EFFECT 10AEDIATELY UPON PASSAGE. BE IT ORDAINED BY THE BOLD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the Board of Aldermen of the City of Wichita Falls, Texas, hereby finds and determines: (a) That the Board of Aldermen of the City of Wichita Falls has heretofore determined the necessity for, and ordered the improvement of portions of Third - Street in the City of 17ichita Falls, Texas, within the limits hereinafter defined, in the manner and accord- ing to the the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by the ABOARD OF ALDEMtIEN of the City of Wichita Falls -. Said streets and the por- tions thereof to be improved, designated by unit numbers as follows: Third Street, from the Fast Property Line of Lee Street to the `Test Line of the Intersection with Adams Street, in the City of Wichita Falls, tichita County, Texas; (b) That a notice duly executed in the name of the City of Wichita Falls, Texas, of the enactment of said above described resolution has heretofore been filed with the City Clef =k of Wichita County, Texas, the county in which said City of V.°ichita Falls is situated, on the 26th day of January, 1959. (c) That said Board of aldermen after having duly ad- vertised for bids in the manner as required by law and the Charter of said City did award contract for the construction of said improve- ments to k. 0. Green Construction Company, upon "its lowest and best responsible bid therefor, and said contract which is dated January 261 1959, has been executed by R. 0. Green Construction Company and by said City, the execution of which contract by the City was au- thorized by Resolution on this day passed by said Board of :aldermen; and the performance bond required by law and said contract has been -- 1 - properly furnished by said R. 0. Green Construction Company and ap- proved by and accepted by the Board of aldermen, all as required by law and the Charter of said City; (d) That the Board of ;aldermen of the City of Wichita Falls has caused the Director of Public Works to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot to be assessed against the property abutting said street within the limits defined, and the real and true owners thereof; and the Director of Public Works has heretofore filed said estimates and a' statement of other matters relating thereto with said Board of Aldermen, and the same has been received, examined and approved by said Board of aldermen; and that in accordance with said statement of estimates so filed by said Bisector of Public V orks and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in the schedule contained in Section 2 hereof. SECTION Z. The written statement and report of the Director of Public !•'forks heretofore riled with the Board of aldermen are hereby approved, received and examined by the Board of .aldermen and in all things approved and adopted; and it is hereby round and determined by the Board of aldermen that the estimated amounts of the ribede on l eachpof tsae items dstreet costs s ,oruniitssaarreimprovements as follows as above des towit SEE EXH1B IT �' �?„ S FOLLOVIS SECTION 3. a portion of the cost of said improvements shall be paid and defrayed by the City and a portion thereof shall be assessed against and paid by the property abutting upon said street within the limits above defined, and the real and true owners thereof, in accordance with and in the manner provided by the acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, known and shown as :article 1105 -b of l costs t s Annotated Civil StatueachoofTs aid'streets amended, units asthe here�nabovede- said improvements o scribed, shall be apport3nnthebassessmentdsheetse paid above attached and defrayed as set ou When the improvements herein ordered fox' any street unit herein designated have been co ipleted and accepted by the City of Wichita Falls, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in eight (8) e ual annual installments due respectiftly c two (2 }, three (3)� four (� )� five (5), six thirty (30) days, one [1), 1 r to ether (3), and seven (7) years from dare o.- acceptance by the City, g with interest on each installment from said date ol acceptance until paid in the rate of five per cent (51°) per annum,payab le annually; provided, however, that all or of saidoinstallment�s��tsanylthamvee the privilege of paying be-Love maturity thereobyv,paying ethnterest accrued o thereon 1Po the such installment together date of payment. Further, if default be made in the payment of any of said installmentof -or ofp heoconnractar srohislassignsetheme matures, then at the p her entire amount of the assessment upon which is m de, toget with reasonable at nor bey s fees and shall be and become immediately due and payable. SECTION °-. a hearing shall be held and given to the real and true owners of, and all owning or claiming any interest in any property abutting upon said street, or `�ncIaiming�ortinterested in above defined, and to all others owning, said property or any of said -natters, as to the assessments and as to the amount to be assessed thereof` each asrtolthe specialgbenefits, and the real and true owners � if any, to said property to be received from said improvements, and - 2 -- such other matters as may be presented concerning any matter or thing connected therewith, which hearing shall be held by the Board of Aldermen of the City of �gichita Falls, in the Council Room in the Miunicipa 1 ,A-9d itor ium, at 1300- Seventh Street, in the City of VTichita at Falls, Texas, at 8.00 o ;clock, on the 3thco -r ooatiobsuoryestates owning which time and place all persons, firms, P or claiming any such abutting property, or any interest therein, and their agents or attorneys, and persons interested in said proceedings shall be notified to appear andto be heard in person,.or by counsel, and may offer evidence; and such hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been offered and heard; andit Manager nubacationaof Notices ineth�y directed to give notice of said hearing b g y . official newspaper of the City of ichita Falls, Texas; said Notice shall be published at least three3) times of whichivubl�catplansbsliall the date set for said hearing, the first be at least ten ( 10) ways pr i.or to the date of said hearing; and such Notice by publication shall be valid and sufficient, without any form or character of notice, as provided for by and in accordance to the above descr ibe�d ,Act, being 1105E of the Revised Civil Statutes of Texas, a- amended. The form of said Notice, as required by law and said Charter, having heretofore ibeen herebmap d proved for publicati.ondermen by the City Manager, SECTION 5. Following such hearing as above provided, assessments will be levied against said abutting property, and the real and true owners thereof for that poetioh of the e cos sa01 said property the hereinabove determined to P and real and true owners thereof, whichrassandmanp�rsonal bliabilitytand prior lien upon said abutting p In levying said assess - charge against nthe he real and o�rrnerebewunknown retf shall be sufficient to ments, ii to so state the fact, and ifssa d abutting shall beosuffi .cient��todsoystatesthee or by any firm or corporaL.lo , give the correct name of any such fact, and it shall be unnecessary ahem tin to name such owner or in owner and no error or mistake tempting . describ ing any of saidepropertresfall inneve�theless,athesrealtand true tificate issued in evil nc owners of said abutting property shall be liable and the assessmen owner against said abutting property shall be valid rty correctly adescribed htherein. b�amed, or correctly named, or said property SECTION 3, Each portion of said streets arateland independent and designated by unit numbers constitutes a p imp Unit of the imlprovements and shall bendependentalromheach and every constructed therein as separate id or sa other. Unit of said streets, and ssaidestreetsbshall be altogether improvement in each Unit or Portion of separate and distinct and independentnotsand from rom thesassessmenstreets, to be levied in every -other ro ert and, in making and levying said assessments against the p P y abutting upon one of said Units,n.itsmshall be considered cori have nany necti on with any other of said effect upon the other, all as fully and to the same extent as if with separate proceedings and contracts behmadeein eachaof said 'Units. reference to the improvements 1,a b SECTION 7. The fact that the streets and portions thereof to be improved as heretofore and hereieabsVeoveovided fordelayicreatesnES- mp dangerous condition and should P eneral welfare,re- an emergency and imperative pubea ith, safety and gen is l fate pr ervation of the public peace, h that no ordinance shall go quit ing that the Charter rule providing into effect bC,fore the expiration . requiring Jmoreothaneonetreading,or and final passage and all other rules ohibiting the passage of an ordeeaonethe day oftintroduction and pr and this Ordinance the taking eff ec of sand ordinance suspended; passage, be and the same are hereby P be passe and take effect as aemergency deasulaw�nandeitnis shall P full force from and after its passage P so ordained. - 3 - PASSED AND APPROVED this Wth day of January, 1959. ATTEST • E- Spell, mAy or Geo. Henderson, My Clerk. Prepared by j. Valter FrIberg, City Attorney 4 M O N co w Q o Ors O xc P, 09 ct rn K H K C- rl — —. „u W a m x 0 F' d D �° P. 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