Ord 2234 5/23/1966 •
ORDINANCE NO. ,,; 57
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF KELL EXTENSION WEST FROM
THE WEST PROPERTY LINE OF KEMP BOULEVARD TO THE EAST PROPERTY
LINE OF BUCHANAN AVENUE ON THE SOUTH SIDE ONLY IN THE CITY OF
WICHITA FALLS, TEXAS; LETTING CONTRACT TO ASPHALT PAVERS,
INC. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND
AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PUR-
POSE:OF PALYING 7THE I NMEBTEDNESS:..'THEREBY. INCURRED; MAKING
PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART -OF THE COST OF
SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE CITY ENGINEER
OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY CLERK
TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY
CLERK OF WICHITA COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE
AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROV-
MENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED
SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS,
CHAPTER 106, COMMIONLY KNOWN AS ARTICLE 1105b OF VERNON'S
TEXAS CIVIL STATUTES; AND DIRECTING 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 COM-
PLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORD OF THIS
CITY, PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER
MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
WHEREAS, the City Engineer for the City of Wichita Falls, Texas, has
prepared Plans and Specifications for the improvements of the hereinafter described
portions of streets, avenues and public places in the City of Wichita Falls, Texas,
and same having been examined by the Board of Aldermen of the City of Wichita Falls,
Texas, and found to be in all matters and things proper, 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 portions of streets, avenues, and public places in the City of Wichita
Falls, Texas, to-wit:
The paving of Kell Extension West from the West Property Line of Kemp Boulevard
to the East Property Line of Buchanan Avenue on the south side only.
One and one-half inches of hot mix asphaltic concrete on four inches of
gravel base and six inches of foundation course.
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 Specifications
therefor.
III
The cost of said improvements as herein defined shall be paid for as
follows, to-wit:
A. The property abutting on that portion of the street, avenue or
public place and the real and true owners thereof shall pay all of the cost of
curbs and gutters in front of their property.
B. The City of Wichita Falls shall pay all of the remainder of the
cost of said improvements after deducting the amounts herein specified to be
paid by the abutting properties and the real and true owners thereof as set out
in subsection A.
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 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 ac-
ceptance of such respective unit. The entire amount assessed against the par-
ticular parcels of property shall bear interest from the date of such completion
and acceptance of the improvements on the unit upon which the particular proper-
ty abuts at the rate of eight (8%) per cent per annum, payable annually 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 princi-
pal 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 hear-
ing 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, however, that acting through its duly author-
ized Director of Public Works, the City of Wichita Falls retains the right to
authorized payment of the sums assessed against abutting property upon such com-
pleted and accepted unit in not more than forty-eight equal regular monthly instal-
lments 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 em-
powered to authorize payments of said sums in lesser installments and/or over a
longer period of time in cases in which the Director of Public Works has previ-
ously 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 con-
veying 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
installments, or in evidence of any of the installments in which the assessment
is payable, which certificates shall be issued to the City of Wichita Falls,
shall recite 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 substantially that all proceedings with reference to the making of such
improvements have been regularly had in compliance with law, and that all pre-
requisites 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 evi-
dence of the matters so recited, and no further proof shall be required in any
court, and the said certificates shall provide substantially that 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 shall be and become immediately 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 mis-
take 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 improve-
ments shall not invalidate any assessment levied. The certificates referred to
need not contain recitals in exactly the words above provided for, but the sub-
stance thereof shall suffice, and they may contain other and additional recitals
pertinent thereto.
V
Bids have been advertised for a required by Article 1105b of the
revised Civil Statutes of Texas, and the bid of $237,248.19
having been found to be the lowest and best bid for the making and construction
of said improvements, the contract therefore is hereby awarded to
Asphalt pavers, Inc. at and for the prices
stated in the Proposal of said company and as reported and recommended by the
Public Works Department, which said report and recommendation is on file with
the City, the City Manager, and City Clerk are hereby directed to execute the
said contract in the name of the City of Wichita Falls, Texas, and to impress
the corporate seal of the City thereon, the said contract embracing, among
other things, the prices for the work.
VI
To provide for the payment of the indebtedness incurred by the City
of Wichita Falls, Texas, by said contract, there_is hereby appropriated out of
available 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 accordance with and under the terms of the powers and provisions 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 proceed-
ings are taken and had.
. 1
VIII
Each unit above described shall be and constitute a separate and inde-
pendent 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 shall 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 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 ,),12 ± L DAY OF , 1166.
y
MAYOR
APPROVED AS TO FORM AND LEGALITY:
Attest:
City Attorney
City Clerk
N O T I C E- ( 2.A.,.4' .,, ,)- 5(/
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 necessary
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:
Kell Extension West from the West Property of Kemp Boulevard
to the East Property Line of Buchanan Avenue on the south side only.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused
this instrument to be executed in its behalf and signed by its Mayor,
this A ±:51/4 , day of ij�� , A.D. , 1966.
/
Mayor
A T T E S T: IF
� �//L_. A. ' O� A /J/ -.de
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 subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of the City of Wichita Falls, a municipal
corporation of Wichita County, Texas, and as the Mayor thereof, and
for the purposes and consideration therein expressed.
GTypr UNDER MY HAND AND SEAL OF OFFICE, this the . 2'1,‘,-(,/ day
of '',/7..17- , A.D. , 1966.
Notary Pub1Ic, in and for
Wichita County, Texas
AE Tim.Wit‘ita °" , "dr.,�Crag
Affidavit of Publication ,r '-
Ii. NOTICE Aril,' `
TO ALL OWNING OR CLA
HERE)NAFTERBDESCRIB MRT S 1
OF STREETS, 'AVENUES PU IG`4 THE STATE OF TEXAS -
PLACES IN THE CITY OF WICHITA
FNG OR CLAIMINGNANY INTERESOTW IN i COUNTY OF WICHITA ALLS, TEXAS,
SUCH PROPERTY:
I The Board of Aldermen of the City of
Wichita Falls, Texas, has heretofore or- r,
dered that the hereinafter described por-
tions of streets, Avenues, and public On this 2�pd day of . Juno 15'66
places in the City of Wichita Falls,Texas,
be improved by raising, grading and fil-
ing same and by further constructing
thereon the Improvements hereinafter spe- A.D. . . personally appeared before me, the undersigned authority
cified to-wit:
On and one-half Inches of hot mix
asphaltic concrete on four inches of gravel , bookkeeper
base and six inches of foundation course. l�atli0%1A6 'Z[l�
The above, together with combined con-
curbs and gutters on proper grade
and line where stogethere with alrea storm for the Times Publishing Company of Wichita Falls, publishers of the
so constructed,
sewers and drains and other necessary
incidentals and appurtences; all of Wichita Falls Record News, a newspaper published at Wichita Falls in
said improvements to be constructed ,
as and where shown on the
Plans and Specifications, therefor. Con-
Wichita County, Texas, and. upon being duly sworn by me, on oath states
tract has been made and entered into
with Asphalt Pavers Inc., Wichita Falls,
Texas,for the making and construction of that the attached.advertisement is a true and correct copy of advertising
such improvements.
Estimates of the cost of such improve-
ments for each portion of Street, Avenue,
and public place have been prepared and published in-,.,,, -�I+ n� (3) - issues thereof on the following
approved.
It is hereby found and determined than
the cost of improvements on each portion dates:
of street, avenue, and public place here-
inafter described, with the amount t be • JiJ.=fa Z3 T �J �r,'.:J
amounts per front foot proposed ,-
assessed for such improvements against
abutting property and the owners there-
of, are as follows, to-wit:
Kell Extension West: From the West �,geJ�i
(Property Line of Kemp Boulevard to the
East Property Line of Buchanan Avenue Bookkeeper for Times Publishing Company
on the South Side only. of Wichita Falls
The estimated cost of improvements is-
1 8237,248.19;the estimated amount per front
foot to be assessed against abutting pro-
bined and the owners thereof for corn- I Subscribed and sworn to before me this the day and year first above
bined concrete curb and gutter Is $1.50
which is the total estimated amount per
front foot to be assessed against abutting Written
property and the owners thereof. written. -i
A hearing will be given and of the City i }
and before the governing body l
of Wichita Falls,Texas,on the 27th day of I I _r L •.- /'`
June, 1966, at 7:30 o'clock p.m. In the
Council Room of the Memorial Auditorium I e t•
Building, 1300 Seventh Street in the City,
of Wichita Falls,Texas,for all owning or
claiming any property abutting upon said
portions of streets, avenues, and public; ; r
places and to all owning or claiming any
interest in such property. At said time\
and place, all owning or claiming any I
such property, or any Interest therein,
shall be and appear and will be fully t
heard concerning said improvements, the
cost thereof, the amounts to be assessed,
therefor, the benefits to the respective of
the
parcels property
on the bporti portions of II
streets, avenues, and public places upon
which the property abuts, and concerning
the regularity, validity and sufficiency of
the contract for and all proceedingsrelat-
ing to such improvements and proposed i
assessments therefor, and concerning any
matter as to which they are entitled to
hearing under the law in force in the City t
and under the proceedings of the City with
reference to said matters. Following such
hearing, assesements will be levied again- ;,
st abutting property and the owners there- T.
of, and such assessments when levied,
shall be a personal liability of the owners
•of such property, and a first and prior ;
lien upon the preceedings are taken,being
an act of the First Called Session of the
Fortieth Legislature of the State of Tex-
as, known as Chapter 106 of the Acts of
said Session, together with any and all
amendments thereto, said Act now being;
known as Article 1105b of Vernon's Tex-,
as Civil Statutes,which has been made a
;part of the Charter of the City of Wichita
I Falls, Texas.
Of all said matters and things, all
owning or claiming to own any such
property or any interest therein, as well
as all other In anywise Interested or af-
fected will take notice.
Done by order of the Board of Alder-
i men of the City of Wichita Falls, Texas,
the 6th day of June,1966.—Wilma Thomas.
City Clerk City of Wichita Falls, Texas.