Ord 2436 8/20/1968 •
• ENGINEER'S ROLL IN AGENDA FILE. AUGUST 20, 1968
ORDINANCE NO. ,0151- 6
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS
FOR PART OF THE COST OF IMPROVING STREETS FOR THE
1968 ASSESSMENT PAVING PROGRAM AT VARIOUS LOCATIONS
IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES
AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND
AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF
ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RE-
SERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO
ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPEC-
TIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED;
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 AN EFFECTIVE DATE,
PROVIDING SUNDRY MATTERS INCIDENT THEREOF, 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:
Four (4) inches of sandstone foundation; four (4) inches
of hot mix asphaltic concrete base; and two (2) inches of hot mix
asphaltic concrete surface to be constructed on the following:
CLEVELAND STREET: From the north property line of Juarez
to the south property line of Edison.
CLEVELAND STREET: From the north property line of Bonner
to the property line of Flood Street.
SMITH STREET: From the north property line of Tulsa
to the south property line of Duncan Street.
HOMES STREET: From the north property line of Flood to
the north property line of Lincoln Park.
CLEVELAND STREET: From the north property line of Woods Street
• to the south property line of Roosevelt Street.
OFFUTT STREET: From the east property line of Reilly to the
west property line of Smith Street.•
ELWOOD STREET: From the east property line of the alley
west of Gladiolus to the west property line
of Tulip.
WOODS STREET: From the east property line of Smith Street
to the west property line of Redwood.
TULSA STREET: From the east property line of Smith to the
west property line of Redwood Street.
JOHNSON ROAD: From the west property line of Raider Street
to the east property line of Barnett Street.
TWENTY SECOND STREET: From the east property line of Harvard to the
west property line of Princeton.
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NORTH STRATFORD STREET: From the north property line North Ninth
to the south property line of North Tenth.
AVENUE "0": From the west property line of Kemp to the
east property line of Grant.
CAROLINE STREET: From the west property line of Bridge to
the west property line of Corwin.
VIRGINIA STREET: From the north property line of Jalonic
to the south property line of Walnut.
KENTUCKY STREET: From the south property line of Walnut to
the south end.
*AVENUE C: From the west property line of Taylor to
the east property line of Fillmore.
*AVENUE C: From the west property line of Monroe to
the east property line of Polk.
•
*AVENUE B: From the east property line of Fillmore to
the west property line of Taylor.
*AVENUE F: From the west property line of Fillmore to
existing pavement.
*AVENUE I: From the east property line of Hayes to the
west property line of Tilden.
*AVENUE 0: From the east property line of Taylor to the
west property line of Polk.
*CEDAR STREET: From Carol Ann to the existing pavement.
*CHANCE STREET: From the east property line of Rosewood to
the west property line of Neff Street.
*CLARK STREET: From the north property line of Pearl Street
to the south property line of Collins Street.
*CLEVELAND STREET: From the north property line of Edison to the
south property line of Bonner Street.
*CLEVELAND STREET: From the north property line of Loop 165 to
the south property line of Sullivan Street.
*DENVER STREET: From the north property line of Lucille to
the south property line of Elizabeth Street.
*DUVAL STREET: From the south property line of Victory Street
to the north property line of Speedway.
*ELWOOD STREET: From the east property line of Reilly to the
west property line of Smith Street.
FIFTEENTH STREET: From the east property line of Austin Street
to the west property line of Travis Street.
FIFTEENTH STREET: From the east property line of Bluff to the
west property .line of Burnett Street.
*FILLMORE STREET: From the north property line of U.S. Hwy 277
to south property line of Wooddale.
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*FOURTH STREET: From east property line of Austin to the
west property line. of Travis Street.
*GRACE STREET: From the south property line of 12th Street
to the north property line of 13th Street.
*HICKORY LANE: .From the east property line of Reynolds to
the west property line of Simmons Street.
*HUDSON STREET: From the east property line of Sherman to the
west property line of Baltimore.
*HUDSON STREET: From the east property line of Lebanon to the
west property line of Lawrence Road.
*HOMES STREET: From the north property line of Edison Street
to the south property line of Bonner.
*HUMPHREYS STREET: From the east property line of Brick to the
west property line of Deggs Street.
*JUAREZ STREET: From the east property line of Loop 165 to
the west property line of Redwood.
*MARCONI STREET: From the east property line of Cleveland to
the west property line of Rosewood.
*MCLAUGHLIN STREET: From the east property line of Reilly Street
to the west property line of Smith.
*NORTH AUSTIN STREET: From the south property line of Warren to
one-half Block South.
*PERIGO STREET: From the south property line of Rowland to
the Station 18 + 27.
*SANTE FE STREET: From the south property line of Cumberland
to the north property line of Hollywood.
*THIRD STREET: From the east property line of Bluff to the
west property line of Burnett.
'THIRTEENTH STREET: From the east property line of Indiana to
one-half of Block East.
*TWENTY-FIFTH STREET: From the east property line of Princeton to
the west property line of Broad.
*TWENTY-FIFTH STREET: From the east property line of Bridwell to
the east property line of the alley east of
Carrigan.
*WACO STREET: From the east property line of U.S. 281 to
the west property line of East Scott Street.
*WOODS STREET: From the east property line of Rosewood to
the west property line of Holland Street.
*MITCHELL STREET: From the north property line of Elwood to
the north end.
COLORADO STREET: From the north property line East Scott
Street to the south property line of Walnut
Street.
ROSEWOOD STREET: From the south property line of Elm Street
to existing pavement at railroad.
•
DALLAS STREET: From the north property line of East Scott
to t:he west property line of Edwards Street.
WACO STREET: From the north property line of East Scott
Street to the west property line of Colorado.
JALONIC STREET: From the east property line of Virginia Street
to the east property line of Kentucky Street.
JALONIC STREET: From the east property line of California
4 Street to the east property line of Texas
Street. • •
KENTUCKY STREET: From the north property line of East Scott
Street to the south property line of Jalonic
Street.
CALIFORNIA STREET: From the north property line of East Scott
Street to the south property line of Jalonic
Street.
TEXAS STREET: From the north property line of Ft. Worth
Street to the north property line of Jalonic.
EDISON STREET: From the west property line of Homes Street
to the east property line of Rosewood.
BONNER STREET: From the east property line of Loop 165 to the
east property line of Redwood.
HOMES STREET: From the north property line of Welch to the
south property line of Marconi.
REDWOOD STREET: From the east property line of Loop 165 to the
south property line of Bonner Street.
HUMPHREYS STREET: From the east property line of Loop 165 to the
west property line of Rosewood Street.
HOMES STREET: From the north property line of Loop 165 to the
north property line of Welch Street.
REDWOOD STREET: From the south property line of Bonner Street
to the south property line of Flood Street.
ROOSEVELT STREET: From the east property line of Rosewood Street
to the east property line of Neff Street.
CHANCE STREET: From the west property line of Neff Street to
the west property line of Holland Street.
*VAN BUREN STREET: From the north property line of Collins Street
to the south property line of Pearl Street.
*Those streets on which a petition has been received from abutting
property owners.
Lot 11, Block 254, Curtis & James Subdivision of Original Townsite
Lot 10, Block 2, Truehart Subdivision •
Lot 13, Block 2, Truehart Subdivision •
Lot 18, Block 2, Truehart Subdivision
Lot 17 & 18 Less N.W. 15' Tri. , Block A, Carter Addition
Lot 13, Block A, Carter Addition
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S. 51 feet of a 93.3' x 140' tract of land out of the N.W. 1/4 of
the J. A. Scott Survey No. 10 Abstract 302 and recorded in Volume
383, page 635 Wichita County, Deed Records.
Lot 17, Block 2, Ed. Wilson Addition
Lot 18, Block 2, Ed Wilson Addition
Lot 19, Block 2, Ed Wilson Addition
Lot 10, & W. 35' of Lot 9, Block 3, Ed Wilson Addition
W. 35' of Lot 8 & E. 15' of Lot 9, Block 3, Ed Wilson Addition
Lot 1, Block 51, Original Townsite
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Lot 14, Block 59, Original Townsite
M. 50' of Lots 9, 10, 11, 12, Block 78, Original Townsite
S 50' of Lots 9, 10, 11, 12, Block 78, Original Townsite
M. 50' of Lots 19, 20, 21, Block 79, Original Townsite
Lot 14, Block 19, Scotland Addition
Lot 1, Block 22, Scotland Addition
Lot 21, Block 17, Scotland Addition
Lot 14, Block 13, Jalonick Addition
S. 65' Lots 19, & 20, Block 13, Jalonick Addition
Lot 5, Block 218, Original Townsite
Lot 4,, Block 232, Gulley & Clark Subdivision of Original Townsite
Part of Lots 7 & 10, Block 26, Jalonick Subdivision
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 therefore; and contract therefor has been made and
entered into with R. 0. Green Construction Company, Timmins and
Anderson, Wichita Falls, Texas; Gifford-Hill & Company, Inc. , Wichita
Falls, Texas; for the making and construction of 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 adopted by the Board of Aldermen of the City, and a
time and place was fixed for a hearing and the proper notice of the time,
place and purpose of said hearing was given and said hearing was had and
held at the time and place fixed therefor, to-wit, on the 6th day of
August, 1968, at 7:30 p.m. , in the Council Chamber in the City of Wichita
Falls, Texas, and at such hearing the following protests and objections
were made, to-wit:
Walter Chain, 910 Stratford protested that
he was not able to pay for the paving; also that it wou d
not improve drainage in that area. Vi
W. J. Schroeder, 1322 North 9th protested that
he could not atford the amount of money the paving will cost;
also that the street will not hold up without storm ktabliamiNtINIMINVI
drainage.
Lynn Raney, 909 North Stratford, protested that
he fel4he City was overcharging him for the paving; later stated he
would be in favor of paving if drainage were available.
A, B, Carr, 3122 Manchester, protested that
the cost would be too groat for him.
Celestine Scott, 500 Waco, protested that
she was not financially able to pay for the paving.
Susie Arps, 413 Port Worth, protested that
she was not financially able to pay for the paving.
Ida Wiist, 1411 Austin, protested that
she cannot afford to pay for the paving.
I. B. Jesse, 410 East Scott, protested that
he does not think the paving will help anyone. No drainage is area,
but if it would drain he would pay his part.
B. C. Mann, 2200 Broad, protested that
• they were not able to pay for paving; that the City should pay it.
Blnora Proctor, 611 Dallas, protested that
they had already paid for paving on Dallas Street. It was explained
that she was not being assessed for paving, but for curb and gutter,
sidewalks, and drive approaches. Icxauxzm txzcxx
H. J. Patterson, 601 Dallas, protested that
he had already paid for paving on Dallas Street. It was explained that
he was not being assessed for paving, but for curb and gutter, sidewalks
and drive approaches. axxxxxxaaxxXxx
Mrs. Boyd, 1903 Perigo, protested that
the paving will not help them.
Millard Curvay, 514 Juarez, protested that
F i « ,.• "'Irv* , • i t� ;es.
. Alma Mitchell, 1201 Smith protested that
baith Street was part of the bond program and not assessment paving. It
was explained to her that it is part of the assessment paving, and not
the bond program. BitiniXXXALILUZI
Herman Basham, 1111 Collins, protested that Holliday had been paved
Were. It was explained that if it had been paid for once, the property
owners would not be assessed again;
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 enumerat-
ed or not, be and the same are hereby, overruled.
II,
The Board of Aldermen, from the evidence, finds that the assessments here-
in 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 established substantial justice and equality and uni-
formity between the respective owners of the respective properties, and between
all parties concerned, considering the benefits received and burdens imposed, and
further finds that in each case the abutting property assessed is especially bene-
fited 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 apportion-
ment 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 Egnineer's Rolls, attached hereto and
made a part hereof for all purposes and against the real and true owners there-
of (whether such owners be correctly named herein or not) the sums of money
itemized below 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, being as follows:
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 payment 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 in 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 par-
ticular unit, the sums assessed against property abutting upon such completed
and accepted unit shall be and become payable in 12 successive monthly install-
ments, 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 installment
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 spe-
cifically provided that no assessment shall in any case be made against any pro-
perty 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 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 Attorney is hereby empowered to authorize payments
of said sums in lesser installments and/or over a longer period of time in cases
in which the City Attorney has determined that an extreme financial hardship up-
on the property owner will otherwise result: and PROVIDED FURTHER, that such
method of payments shall be authorized only in instances where the owner or own-
ers of property abutting upon such completed and accepted unit shall have ex-
ecuted and delivered to the City of Wichita Falls a lawful, valid and binding
note and mechanic's and materialman's contract upon forms supplied by the City
granting a mechanic's lien upon and conveying the said abutting property in trust
to secure the payment by said owner or owners according to the terms thereof of
the sums assessed against such property.
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 of said sums shall be enforced by suit in any court of competent jurisdict-
ion, or as provided in any mechanic's or materialman's contract as aforesaid, 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 relating 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 allow-
ing credits to certain property owners where deemed appropriate. Notwithstanding
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
w
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 prop-
erty 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 owned shall be sufficient and no error or mistake in describing and 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 in 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 en-
dorsement 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 proceed-
ings with reference to making the improvements have been regularly had in com-
pliance with the law, and that all prerequisites to the fixing of the assessment
lien against the property described in such certifcate 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 substan-
tially 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 in 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 im-
provements 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 o-f 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 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
measure and shall be in force and effect immediately from and after its passage.
19 PASSED AND APPROVED this 44,0L day of aiefeeat-
lQ�
/ iii , •
MAYOR
ATTEST:
19d7/) 'GCi Clerk