Ord 2257 8/15/1966r
ORDINANCE NO. eP 0l.:(7
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART
OF THE COST OF IMPROVING A PORTION OF FM-369 (SOUTHWEST PARK-
WAY) FROM FM-2380 TO STATE HIGHWAY 79 IN THE CITY OF WICHITA
FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST ABUTTING PRO-
PERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR
THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGN-
ABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE
BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT
OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANT-
ED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDI-
NANCE 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 OTHER 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:
As asphaltic concrete pavement consisting of three lanes in each direct-
ion with a variable width median divider.
The above, together with combined concrete curbs and gutter on proper
grade and line where same are not already so constructed together with storm
drains and other necessary incidentals and appurtenances; all of said improve-
ments are to be so constructed as and where shown on the plans and in strict
accordance with the Plans and Specifications therefor; and contract has been
made and entered into with Gilvin Terrill, Inc. , Amarillo, Texas, for the
making and construction of such improvements on the above said portions of
streets, avenues and public places.
WHEREAS, estimates of the cost of the improvements of each such portion
of streets, avenue and public place 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 15th day of August, 1966, 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:
Charles Taylor. 1606 Southwest Parkway, protested that
the benefits were not strictly of a local nature; and requested
a reduction of assessment.
Carl Taylor, 1620 Southwest Parkway. protested that
he will have no street parking, and was also opposed to the
16 foot median. No benefit to his property.
Jerry Douglas. 1622 Southway Parkway, protested that
he has just barely enough room to park his car between the
curb and garage. No benefit to his property.
Dr. W. H. Hall, 4906 Andria, protested that
curb and gutter will not increase the value of his property.
H. W. Tatum, 4906 Marsha, protested that
curb and gutter will be of no further value.
Mrs. Donald Ray Bennett, 1717 Southway Park, protested that
the value of her home would not be increased due to the safety
factor for children on that street.
Elmer Hassler, 4918 George, protested that
the value of his property has gone down much more than the benefits
he will receive.
I. H. Stephens, 1711 Southwest Parkway, protested that
he was opposed on the grounds of parking and wide median, and
decrease of value to his home.
Alderman Cletus Schenk disqualified himself from t XAIKWOMMUNIXXXXX
voting on this issue, and protested that the value of residential
property will not be enhanced.
protested that
protested that
protested that
protested that
protested that
protested that
protested that
protested that
protested that
and said hearing was continued to the present time in order to more fully accomp-
lish 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 con-
sidered 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 establish 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 specially 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 Engineer'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 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 cvoh nron-
erty, 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 prop-
erty 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
installment 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 empdwered 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 coveying 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 any 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 jurisdic-
tion, 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
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 impressed 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 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 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 there-
of shall be entitled to receive from the Director of Finance the amount paid
upon the presentation to him of such certificate so endorsed 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 pro-
ceedings 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 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 seen 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 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 �42 im G i day of i , 1966.
ATTEST: ./ iY
MAYOR
k ii Of
CITY CLERK
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