Ord 3820 9/1/1981 ORDINANCE NO. jgpY/
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING WEEKS STREET
ASSESSMENT PAVING PROGRAM, IN THE CITY OF WICHITA
FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTT-
ING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF;
PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND
THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE
THEREOF; RESERVING UNTO THE BOARD OF ALDERMEN THE
RIGHT TO ALLOW CREDIT REDUCING THE AMOUNT OF THE RE-
SPECTIVE ASSESSMENT TO THE EXTEND OF ANY CREDIT GRANT-
ED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE
ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES
OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY
FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID
CITY; PROVIDING AND EFFECTIVE DATE, PROVIDING SUNDRY
MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Wichita FAlls, Texas, has heretofore ordered that each
of the hereinafter described portions of streets, avenues, and public places in
the City of Wichita Falls, Texas, be improved by raising, grading or filling
same and by constructing thereon, to wit:
Six (6) inches of hot mix asphaltic concrete surface
and four (4) inches of sandstone sub-base.
WEEKS STREET: From the west property line of
Old Jacksboro Highway to the east
property line of Arnold Street.
The above, together with combined concrete curbs and gutters on proper grade
and line where same are not already so constructed, together with 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-
Anderson Corporation, Wichita Falls, Texas, for such improvements on the above
streets, avenues, and public places.
WHEREAS, estimates of the cost of the improvements of each such portion of
streets, avenues, and public places were prepared and filed and approved and adopt-
ed by the Board of Aldermen of the City, and a time and place were fixed for a
hearing and the proper notice of the time, place and purpose of said hearing was
given and said hearing was held at the time and place fixed therefor, to-wit, on
the 1st day of September, 1981, at 8:30 A.M. , in the Council Chamber in the City
of Wichita Falls, Texas, and at such hearing the following protest and objections
were made, to-wit:
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and said hearing was continued to the present time in order to more fully
accomplish the purposes thereof, and all desiring to be heard were given
full and fair opportunity to be heard, and the Board of Aldermen of the
City having fully considered all proper matters, is of the opinion that
the said hearing should be closed and assessments should be made and levied
as herein ordered:
•
•
NOW THEREFORE:
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
I.
Said hearing be, and the same is hereby, closed and the said protest
and objections, and any and all other protests and objections, whether herein
enumerated or not, be and the same are hereby, overruled.
II.
The Board of Aldermen, from the evidence, finds that the assessments herein
levied should be made and levied against the respective parcels of property
abutting upon the said portions of streets, avenues and public places and
against the owners of such property, and that such assessments and charges are
right and proper and are substantially in proportion to the benefits to the
respective parcels of property by means of the improvements in the unit for
which such assessments are levied, and establish substantial justice and
equality and uniformity between the respective owners of the respective properties,
and between all narties concerned, considering the benefits received and
burdens imposed, and further finds that in each case the abutting property
assessed is especially benefited in enhanced value to the said property by means
of the said improvements in the unit upon which the particular property abuts
and for which assessment is levied and charge made, in a sum in excess of the
said assessment and charge made against the same by this ordinance, and further
finds that the apportionment of the cost of the improvements is in accordance
with the law in force in this City, and the proceedings of the City heretofore
had with reference to said improvements, and is in all respects valid and regular.
III.
There shall be, and is hereby, levied and assessed against the parcels of
property listed in Exhibit "A", the Engineer's Rolls, attached hereto and made
a part hereof for all purposes and against the real and true owners thereof
(whether such owners be correctly named herein or not) the suns of money
itemized in such exhibit opposite the description of the respective parcels of
property and the several amounts assessed against the same, and the owners
thereof, as far as such owners are known.
IV.
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be
personally liable only for its, her or his pro rata of the total assessment
against such property in proportion as its, his or her respective interest
bears to the total ownership of such property, and its, his or her respective
interest in such property may be released from the assessment lien upon pay-
ment of such proportionate sum.
V.
The several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight per
cent (8) per annum, together with reasonable attorney's fees and costs of
collection, if incurred, are hereby declared to be and are made a lien upon
the respective parcels of property against which the same are assessed, and a
personal liability and charge against the real and true owners of such property
whether such owners be correctly named herein or not, and the said liens shall
be and constitute the first enforceable lien and claim against the property
on which such assessments are levied, and shall be a first and paramount lien
thereon, superior to all other liens and claims, except State, County, School
District and City ad valorem taxes.
When the improvements are completed and accepted by the City on a particular
unit, the sums assessed against property abutting upon such completed and
accepted unit shall be and become payable in 12 successive monthly installments,
from the date of such completion and acceptance, and the assessments against
the property abutting upon the remaining units shall be and become due and
payable in such installments after the date of completion and acceptance of such
respective unit. The entire amount assessed against the particular parcels of
the improvements on the unit upon which the particular property abuts at the
rate of eight (8%) per cent per annum, payable monthly except as to interest on
the first installment, which shall be due and payable on the date said install-
ment matures, provided that any owner shall have the right to pay any and all of
such installments at any time before maturity by paying principal with interest
accrued to the date of payment, and further provided if default be made in the
payment of any installment promptly as the same matures, then at the option of
the City of Wichita Falls, or its assigns, the entire amount of the assessment
upon which such default is made shall be and become immediately due and payable;
but it is specifically provided that no assessment shall in any case be made
against any property or any owner thereof in excess of the special benefits to
property in the enhanced value thereof by means of said improvements in the unit
upon which the particular property abuts, as ascertained at the hearing provided
by the law in force in the City, nor shall any assessment be made in any case
until after notice of hearing as provided by the law. Said assessments against
the respective lots and parcels of property and owners thereof shall be
evidenced by certificates of a special assessment which shall be executed in
the name of the City of Wichita Falls, PROVIDED, that the City Tax Assessor-
Collector is hereby empowered to authorize payments of said sums in lesser
installments and over a longer period of time not to exceed 96 months, in cases
in which the City Tax Assessor-Collector has determined that an extreme financial
hardship upon the property owner will otherwise result.
VI.
If default shall be made in the payment of an assessment, collection thereof
shall be enforced either by the sale of the property by the City as near as
possible in the manner provided for the sale of property for the nonpayment of
ad valorem taxes, or at the option of the City of Wichita Falls, or its assigns,
payment ofsaid sums shall be enforced by suit in any court of competent
jurisdiction, or as provided in any mechanic's or materialman's contract and
said City shall exercise all of its lawful powers to aid in the enforcement and
collection of said assessments.
VII.
The total amount assessed against the respective parcels of abutting property,
and the owners thereof, is in accordance with the proceedings of the City relat-
ing to said improvements and assessments thereof, and is less than the proportion
of the cost allowed and permitted by the law in force in the City.
VIII.
Although the aforementioned charges have been fixed, levied, and assessed
in the respective amounts hereinabove stated, the Board of Aldermen does hereby
reserve unto itself the right to reduce the aforementioned assessments by
allowing credits to certain property owners where deemed appropriate. Notwith-
standing the Board of Aldermen has herein reserved the right to issue credits,
it shall not be required to issue credits, and will not do so, if same would
result in any inequity and/or unjust discrimination.
The principal amount of each of the several assessment certificates to be
issued the City of Wichita Falls, Texas, as hereinafter provided, shall be fixed
and determined by deducting from the amount of any assessment hereinabove levied
such amount or amounts, if any, as may hereafter be allowed by the Board of
Aldermen as a credit against the respective assessments.
IX.
For the purpose of evidencing the several sums assessed against the
respective parcels of abutting property and the owners thereof, and the time and
terms of payment, and to aid in the enforcement and collection thereof, assignable
certificates in the principal amount of the respective assessments less the
amount of any respective credit allowed thereon, shall be issued by the City of
Wichita Falls, Texas, upon completion and acceptance by the City of the
improvements in each unit of improvement as the work in such unit is completed
and accepted, which certificates shall be executed by the Mayor in the name of
the City and attested by the City Clerk with the corporate seal of the City
impress thereon, and shall declare the said amounts, time and terms of payment,
rate of interest, and the date of the completion and acceptance of the improvements
abutting upon such property for which the certificate is issued, and shall
contain the name of the owner or owners, if known, description of the property
by lot and block number, or front feet thereon, or such other description as may
otherwise identify the same; and if the said property shall be owned by an
estate, then the description of same as so awned shall be sufficient and no
error or mistake in describing any property, or in giving the name of the owner,
shall invalidate or in anywise impair such certificate, to the assessments levied.
The certificates shall provide substantially that if same shall not be
paid promptly upon maturity, then they shall be collectable, with reasonable
attorney's fees and costs of collection, if incurred, and shall provide substan-
tially that the amounts evidenced thereby shall be paid to the Tax Assessor and
Collector of the City of Wichita Falls, Texas, who shall issue his receipt there-
for which shall be evidence of such payment on any demand for the same, and the
Tax Assessor and Collector shall deposit the sums so received with the Director
of Finance to be kept and held in a separate fund, and when any payment shall be
made to the City, the Tax Assessor and Collector upon such certificate shall
upon presentation to him of the certificate by the holder thereof, endorse said
payment thereon. If such certificate be assigned, then the holder thereof shall
be entitled to receive from the Director of Finance the amount paid upon the
presentation to him of such certificate so endoresed and credited; and such
endorsement and credit shall be the Director of Finance's authority for making
such payment. Such payments by the Director of Finance shall be receipted for
the holder of such certificate in writing and by surrender thereof when the
principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full.
•
Said certificates shall further recite substantially that the proceedings
with reference to making the improvements have been regularly had in compliance
with the law, and that all prerequisites to the fixing of the assessment lien
against the property described in such certificate and the personal liability
of the owners thereof have been performed, and such recitals shall be prima
facie evidence of all the matters recited in such certificates, and no further
proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evidence of each or
any of the several installments thereof, or may have coupons for each of the
first four installments, leaving the main certificate to serve for the fifth
installment, which coupons may be payable to the City of Wichita Falls, or its
assigns may be signed with the facsimile signatures of the Mayor and City Clerk.
Said certificates shall further recite that the City of Wichita Falls,
Texas, shall exercise all of its lawful powers, when requested so to do, to aid
in the enforcement and collection thereof, and may contain recitals substantially
in accordance with the above and other additional recitals pertinent or
appropriate thereof, and it shall not be necessary that the recitals be in the
exact form above set forth, but the substance thereof shall be sufficient. The
fact that such improvements may be omitted on any portion of any of said units
'adjacent to any premises exempt from the lien of such assessments shall not in
anywise invalidate, effect or impair the lien of such assessments upon other
premises.
X.
Full power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued the evidence thereof, is, in accordance with the law in force in this
City, vested in the City.
XI.
All assessments levied are a personal liability and charge against the
real and true owners of the premises described, notwithstanding such owners
may not be named, or may be incorrectly named.
XII.
The assessments so levied are for the improvements in the particular unit
upon which the property described abuts, and the assessments for the improve-
ments in any unit are in nowise affected by the improvements or assessments
in any other unit, and in making assessments and in holding said hearing, the
amounts assessed for,improvements in any one unit have been in nowise connected
with the improvements or the assessments therefor in any other unit.
XIII.
The assessments levied are made and levied under and by virtue of the
terms, powers and provisions of an Act passed at the First Called Session of
the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts
of said Session and 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.
XIV.
The City Clerk is hereby directed to engross and enroll this ordinance
by copying the caption of same in the Minute Book of the City Council of Wichita
Falls, Texas, and by filing the complete Ordinance in the appropriate Ordinance
Records of said City.
XV.
The fact that the making and construction of the said improvements is
being delayed pending the taking effect of this ordinance, and that the condi-
tions of such portions of streets and avenues endangers public health and safety,
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 1st day of September , 1981.
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A.0;igx,
MAYOR
AITBST:
City Clerk
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I
ORDINANCE NO. 3815 Affidavit of Publication
AN ORDINANCE MAKING AN
APPOPRIATION FROM THE
HERITAGE CONSERVATION THE STATE OF TEXAS
& RECREATION. SERVICE
FUND to• AccouNT COUNTY OF WICHITA
NUMBERS LISTED BELOW, i
(PAND DECLARING AN
a EMERGENCY. .
ORDINANCE NO. 3816
ORDINANCE ACCEPTING
IMPROVEMENTS OF LOOP
473 (OLD JACKSBORO On this 30th day of September
HIGHWAY) FROM THE
NORTH PROPERTY LINE OF
THIRTIETH STREET TO THE A.D �yD rib
personally appeared before me,the undersigned authority
SOUTH PROPERTY LINE OF
CHESTER AVENUE,AND LOT
5, BLOCK C, J. A. KEMP Myra She, son
ADDITION IN THE CITY OF bookkeeper
WICHITA FALLS, TEXAS, AS
D E S I G N A T E D I N
ORDINANCE NO, 3622; for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
DECLARING THE,,CONTRACT
WITH TEXAS STATE
HIGHWAY, DEPARTMENT, ' Record News, a newspaper published at Wichita Falls in Wichita County,Texas,and
WICHITA FALLS„TEXAS,FOR
THE CONSTRUCTION QF SAID upon being duly sworn by attached,
IMPROVEMEN'T'S,FULLY ( g Y y me,on oath states that the attached advertisement is a true
C O M P'L,E T E.D AND One (1)
PERFORMED:, PIRECTING and correct copy of advertising published in (1) issues
THE IS$UAN'CE,?EXECUTION
E O E A T Y N
CERTIFICATES I N thereof on the following dates:
EVIDENCE OF SPECIAL f.
ASSESSMENTS LEVIED
AFTER GIVING EFFECT TO September 23, 1981
SUNDRY CPEDITS HEREIN
AUTHORIZED AND ALLOWED
AGAINST SOME OF SAID c 1,\
ASSESSMENTS; DIRECTING \ h \' —
THE CITY CLERK TO \ ��'�C1� \� N\C7— -Th(.�\
ENGROSS AND ENROLL THIS `
ORDINANCE BY COPYING Bookkeeper for Times Publishing Company
THE CAPTION OF SAME IN
THE MINUTE BOOK OF THE of Wichita Falls _
BOARD OF ALDERMEN OF
P",6e.. THE CITY OF WICHITA
a � FALLS, TEXAS, AND BY Subscribed and sworn to before me is the day and year first above written.
�.o, FILING THE COMPLETE Y Y
o � O R D I N A N C E I N
c�'a APPROPRIATE ORDINANCE
a RECORDS OF SAID CITY; IMPROVEMENTS FULLY,,
q u�(SI COMPLETED AND
A N D P R O V I D I N G A N
�jt+ PERFORMED: DIRECTING '•
a EFFECTIVE DATE., THE ISSUANCE, EXECUTION
( o ORDINANCE NO. 3817
; r AND DELIVERY OF
ORDINANCE ACCEPTING
...-4'1.'" IMPROVEMENTS OF A EVIDENCEIOF SPECIAL
m`', RECONSTRUCTION PHASE?I ASSESSMENTS LEVIED PAT �H,IT'E'}.;LAIN, Notary Public
'1p C'` ASSESSMENT PAVING AFTER GIVING EFFECT TO Texas
' PROGRAM IN THE CITY OF I SUNDRY CREDITS HEREIN. in and for Wichita County,
`t� WICHITA FALLS, TEXAS, AS AUTHORIZED AND ALLOWED
D E S I G N A T E D IN AGAINST SOME OF SAID ORDINANCE BY COPYING BY FILING THE ORDINANCE
ORDINANCE NO. 3247; ASSESSMENTS; "DIRECTING THE CAPTION OF SAME IN IN THE ORDINANCE
DECLARING THE CONTRACT THE CITY CLERK TO THE MINUTES OF THE RECORDS OF SAID CITY;
W I T H S T U C K E Y ENGROSS AND ENROLL THIS BOARD OF ALDERMEN OF PROVIDING AN EFFECTIVE
ORDINANCE BY COPYING' WICHITAFALLS,TEXAS,AND DATE; PROVIDING SUNDRY
CONSTRUCTION COMPANY, BY FILING THE ORDINANCE
WICHITA FALLS,TEXAS,FOR'. THE CAPTION OF SAME IN I N T H E O R D I N A N C E MATTERS I N C I D E N T
THE CONSTRUCTION OF SAID THE MINUTE BOOK OF THE RECORDS OF SAID CITY; THERETO, AND DECLARING
IMPROVEMENTS FULLY' BOARD OF ALDERMEN OF AN EMERGENCY.
COMPLETE D A N D THE CITY OF WICHITA PROVIDING AN EFFECTIVE ORDINANCE NO. 3821
PERFORMED; DIRECTING FALLS, TEXAS, AND BY DATE, PROVIDING SUNDRY ORDINANCE WAIVING
THE ISSUANCE, EXECUTION THE COMPLETE MATTERS INCIDENT C I D E N T
ORDINANCE NO. 2491, AS
THERETO, AND DECLARING
A N D DELIVERY O F ' O R D I N A N C E I N I AMENDED,TO ALLOW SALE,
CERTIFICATES IN APPROPRIATE ORDINANCE I AN EMERGENCY. PGU SESS I ON AND
EVIIDENCE OF SPECIAL RECORDS OF SAID CITY; 1 ORDINANCE NO. 3820 ! CONSUMPTION OF BEER AT
ASSESSMENTS LEVIED AND PROVIDING AN ' ORDINANCE CLOSING I OUR LADY OF GUADALUPE
AFTER GIVING EFFECT TO EFFECTIVE DATE. HEARING AND LEVYING CHURCH AT THEIR ANNUAL
SUNDRY CREDITS HEREIN ORDINANCE NO. 3819 ASSESSMENTS FOR PART OF BAZAAR ON SATURDAY,
AUTHORIZED AND ALLOWED ORDINANCE CLOSING ' THE COST OF IMPROVING I SEPTEMBER 12, 1981.
AGAINST SOME OF SAID ' HEARING AND LEVYING W E E K S S T R E E T ORDINANCE NO. 3822
ASSESSMENTS; DIRECTING ASSESSMENTS FOR PART OF ASSESSMENT PAVING ORDINANCE GRANTING
THE CITY CLERK 10 THE COST OF IMPROVING PROGRAM IN THE CITY OF AUTHORITY TO LONE STAR
ENGROSS AND ENROLL THIS V A R I O U S S T R E E T S WICHITA FALLS, TEXAS: T 0 0 L COMPANY TO
ORDINANCE BY COPYING ' DESIGNATED AS THE 1981 FIXING CHARGES AND CONSTRUCT PIERS FOR NEW
THE CAPTION OF SAME IN C O M M U N I T Y LIENS AGAINST ABUTTING 1 BUILDING INTO MISSISSIPPI
THE MINUTE BOOK OF THE DEVELOPMENT PAVING PROPERTY THEREON, AND ' AND ELM STREETS
BOARD OF ALDERMEN OF ' PROGRAM IN THE CITY OF ATAINST THE OWNERS RIGHT-OF-WAY.
THE CITY OF WICHITA WICHITA FALLS, TEXAS; THEREOF; PROVIDING FOR ORDINANCE NO. 3823
FALLS, TEXAS, AND BY + FIXING CHARGES AND THE COLLECTION OF SUCH ORDINANCE GRANTING
FILING THE COMPLETE LIENS AGAINST ABUTTING ASSESSMENTS AND THE A U T H O R I T Y TO
O R D I N A N C E IN ' PROPERTY THEREON, AND' ISSUANCE OF ASSIGNABLE FIRST-WICHITA NATIONAL
APPROPRIATE ORDINANCE AGAINST THE OWNERS CERTIFICATIONS IN , BANK TO CONSTRUCT
RECORDS OF SAID CITY; THEREOF; PROVIDING FOR EVIDENCE THEREOF; ! AERIAL WALKWAY, WITH
AND PROVIDING AN THE COLLECTION OF SUCH RESERVING UNTO THE SUPPORTS, OVER AND ON
EFFECTIVE DATE. ASSESSMENTS AND THE BOARD OF ALDERMEN THE THE ALLEY IN BLOCK 164,
ORDINANCE NO. 3818 ISSUANCE OF ASSIGNABLE RIGHT TO ALLOW CREDIT I ORIGINAL TOWNSITE.
ORDINANCE ACCEPTING, ' CERTIFICATIONS IN J REDUCING THE AMOUNT OF
IMPROVEMENTS OF THE EVIDENCE THEREOF; THE RESPECTI V E
1976-1977 RECONSTRUCTION RESERVING UNTO THE ASSESSMENT TO THE
PAVING PROGRAM IN THE BOARD OF ALDERMEN THE 'EXTENT OF ANY CREDIT'
CITY OF WICHITA FALLS, RIGHT TO ALLOW CREDITS 'GRANTED; DIRECTING THE
TEXAS, AS DESIGNATED IN REDUCING THE AMOUNT OF CITY CLERK TO ENGROSS
ORDINANCE NO. 3 2 0 0; % T H E R E S P E C T I V E A N D E N R O L L T H E
DECLARING THE CONTRACT ASSESSMENT TO THE ORDINANCE BY COPYING
WITH TIMMINS-ANDERSON EXTENT OF ANY CREDIT' THE CAPTION OF SAME IN
CORPORATION, WICHITA GRANTED: DIRECTING THE THE MINUTES OF THE
CO
CORP TEXAS, FOR THE CITY CLERK TO ENGROSS BOARD OF ALDERMEN OF
CONSTRUCTION OF SAID AND ENROLL THE WICHITA FALLS,TEXAS.AND