Loading...
Ord 2249 6/27/1966 ORDINANCE NO. € a� c 7 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF FM-369 (SOUTH- WEST PARKWAY) FROM FM-2380 TO STATE HIGHWAY 79 IN THE CITY OF WICHITA FALLS, TEXAS; ACKNOWLEDGING THE LETTING OF A CONTRACT TO GILVIN TERRILL, INC. , AMARILLO, TEXAS, GENERAL CONTRACTORS, BY THE HIGHWAY COMMISSION OF THE TEXAS HIGHWAY DEPARTMENT; ACKNOWLEDGING THE FACT THAT APPROPRIATIONS FOR PAYING THE CITY'S PORTION OF THE CONSTRUCTION COST OF THIS FACILITY HAVE BEEN MADE; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES FOR CURB AND GUTTER AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIR- ECTING THE CITY ENGINEERS TO PREPARE ESTIMATES OF COST; DIR- ECTING THE CITY CLERK TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF WICHITA COUNTY, TEXAS; DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEG- ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105B OF VERNONS TEXAS CIVIL STATUTES; AND DIR- ECTING 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 AN EFFECT- IVE DATE; PROVIDING SUNDRY OTHER MATTERS. WHEREAS; The Texas Highway Department has prepared plans and speci- fications for the improvement of the hereinafter described portions of Farm to Market Road 369 (Southwest Parkway) in the City of Wichita Falls, Texas and the same have been examined by the City Engineer of the City of Wichita Falls and found to be in all matters and things proper and in accordance with an agree- ment dated June 6, 1966, with the City of Wichita Falls and the State High- way Commission reflected by State Highway Department Minute Orders No. 55213 and 56818, NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I The hereinafter described Plans and Specifications are hereby approved and adopted. II There exists a public necessity for the improvement of the hereinafter described portion of Farm to Market Road 369 (Southwest Parkway) in the City of Wichita Falls, Texas, to-wit: A portion of FM-369 (Southwest Parkway) from FM 2380 to State Highway 79. III The cost of said improvements as hereinafter defined shall be paid for as follows, to-wit: A. The property abutting on that portion of this project which is found to benefit from the improvements shall pay all the costs of curb and gutters in front of their property. B. The City of Wichita Falls and the Texas Highway Department will pay all of the remainder of the cost of said improvements as reflected by the previously mentioned agreements. The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof, and shall be pay- able as follows, to-wit: 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 48 successive monthly install- ments, or in five (5) equal installments, due respectively on or before thirty (30) days, and one (1) , two (2) , three (3) , and four (4) years 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 or anually excpet 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 prompt- ly 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 there- of 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, PRO- VIDED, however, that acting through its duly authorized Director of Public Works, the City of Wichita Falls retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize pay- ments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed 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. IV The assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment, which shall be executed in the name of the City by the Mayor or said City and the City Clerk shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several instal- lments, or in evidence of any of the installments in which the assessment is pay- able, which certificates shall be issued to the City of Wichita Falls, shall re- cite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite sub- stantially that all proceedings with reference to the making of such improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such recitals shall be prima facia evidence of the matters so recited, and no further proof shall be required in any court, and the said certifi- cates shall provide substantially that if default be made in the payment of any in- stallment promptly as the same matures, then, at the option of the City of Wichita Falls, or its assigns, the entire amount of the assessment shall be and become im- mediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District, and City ad valorem taxes. No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other and additional re- citals pertinent thereto. V Bids have been advertised for by the Texas Highway Department, and the bid of Gilvin Terrill, Inc. , Amarillo, Texas having been found to be the lowest and best bid for the making and construction of said improvements, the contract there- fore has been awarded to Gilvin Terrill, Inc. at and for the prices stated in the Proposal of said company. VI To provide for the payment of the indebtedness incurred by the City of Wichita Falls, Texas, by said contract, there has been appropriated out of avail- able funds of the City, an amount sufficient to pay said indebtedness so incurred. VII The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in accord- ance with and under the terms of the powers and previsions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernon's Texas Civil Statutes, which law has been adopted as an amendment to and made a part of the Charter of the City of Wichita Falls, Texas, and under which law these proceedings are taken and had. VIII Each unit above described shall be constitute a separate and inde- pedent unit of improvement and the assessments herein provided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. IX In making assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by any firm or corporation, it §hall be sufficient to so state, and it shall not be necessary to give the correct name of the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. X The City Engineer of the City of Wichita Falls, Texas, be and he is hereby, ordered and directed to file with the City Council, estimates of the cost of such improvements in each unit, in accordance with the terms of the powers and provisions of the Charter of the City of Wichita Falls, Texas. XI The City Clerk is directed to prepare, sign and file with the County Clerk of Wichita County, Texas, a notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now shown as Article 1220a of Vernon's Texas Civil Statutes. XII 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. XIII 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 and 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 4 './76 DAY OF , 401011- -4.0140/7 MAYOR Attest: CITY CLERK r 4 • N O T I C E THE STATE OF TEXAS X COUNTY OF WICHITA X Notice is hereby given that the governing body of the City of Wichita Falls, Texas, has ordered and determined it to be neces- sary that the following street in the City of Wichita Falls, Wichita County, Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property abutting thereon, and said portions of streets in the City of Wichita Falls, Texas, as follows: A portion of FM 369 (Southwest Parkway) from FM 2380 to State Highway 79. IN TESTIMONY WHEREOF, the City of Wichita Falls has caused this instrument to be executed in its behalf and signed by its Mayor, this day of , A.D. , 19 6:-6 MAYOR A /Tf®T E S T: City Clerk STATE OF TEXAS X COUNTY OF WICHITA X BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared Mr. R. C. Rancier known to me to be the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same as the act and deed of the City of Wichita Falls, a munici- pal corporation of Wichita County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 7 day of �e , A.D. , 19 ‘6. 600 02- Notary Publi in and for Wichita County, Texas EV EiLYN M. LESIt Notary Public in and for Wichita County, Texas L