Ord 2230 5/9/1966 1 !
ORDINANCE NO.
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING STREETS AT SIXTY-FIVE
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 ASSIGN-
ABLE CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO
THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS RE-
DUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK
TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE
CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDER-
MEN OF WICHITA FALLS, TEXAS, AND BY FILING THE COMPLETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE
CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY OTHER
MATTERS INCIDENT THERE-TO, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Wichita Falls, Texas, has heretofore order-
ed 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:
Alabama Avenue: From the east property line of Lawrence
Road to the west property line of Sher-
man Road.
Baltimore Road: From the south property line of York
Avenue to the north property line of
Alabama Avenue.
Baltimore Road: From the south property line of Alabama
Avenue to the north property line of
Hudson Avenue.
Baltimore Road: From the south property line of Hudson
Avenue to the north property line of
Lafayette Avenue.
Baltimore Road: From the south property line of Lafa-
yette Avenue to the north property line
of Lexington Avenue.
Baltimore Road: From the south property line of Lexington Ave-
nue to the north property line of Fort Worth &
Denver Railroad.
Baylor Avenue: From the south property line of Ninth Street
to the north property line of Tenth Street.
Bluff Avenue: From the north property line cf Kell Boulevard
to the south side of main track of Fort Worth
& Denver Railroad.
Bridwell Street: From the south property line of Pearl Street
to the south property line of McGregor Avenue.
Buchanan Street: From the south property line of Avenue U. to
the north property line of Avenue V.
Buchanan Street: From the south property line of Avenue V. to
the south property line of Avenue W.
Buchanan Street: From the south property line of Avenue W. to
the north property line of Hampstead Lane.
Calhoun Street: From the south property line of Jefferson
Street to the north property line of Washing-
ton Street.
Chance Street: From the west property line of Neff Street to
the east property line of Holland Street.
Chance Street: From the east property line of Rosewood Ave-
nue to the west property line of Neff Street.
Cleveland Avenue: From the south property line of Juarez Street
to the north property line of Welch Street.
Colquitt Road: From the north property line of Lot 9, Block
3, Westmoreland Park Addition to the south
property line of Kessler Boulevard.
Colquitt Road: From the south property line of Kessler Boule-
vard to the north property line of York Street.
Colquitt Road: From the south property line of York Street to
the north property line of Alabama Avenue.
Colquitt Road: From the south property line of Alabama Avenue
to the north property line of Hudson Avenue.
Colquitt Road: From the south property line of Lexington Ave-
nue to the north property line of Revere Avenue.
Colquitt Road: From the south property line of Revere Avenue
to the north property line of Fort Worth &
Denver Railroad.
Duval Street: From the north property line of Keeler Avenue
to the south property line of Wilson Avenue.
Elwood Street: From the west property line of Mitchell Street
to the east boundary line of W. E. Wilson Acre
Block Addition.
Elwood Street: From the east property line of Rosewood Avenue
to the west property line of Mitchell Street.
Elwood Street: From the east property line of Tulip Street to
the west property line of Rosewood Avenue.
Fourth Street: From the east property line of Bluff Street to
the west property line of Burnett Street.
Gerald Street: From the west property line of Neff Street to
the west property line of Holland Street.
Gerald Street: From the east property line of Rosewood Ave-
nue to the west property line of Neff Street.
Hollywood Avenue: From the east property line of Garfield Street
to the west property line of Hayes Street.
Hudson Avenue: From the east property line of Baltimore Road
to the west property line of Wenonah Boulevard.
Avenue I: From the east property line of Britain Street
to the center of alley of Britain Street and
Harrison Street.
Avenue I: From the east property line of Giddings Street
to the west property line of Britain Street.
Jalonic Street: From the west property line of California Ave-
nue to the west property line of Colorado Ave-
nue.
Jalonic Street: From the east property line of Kentucky Street
to the west property line of California Avenue.
Lebanon Road: From the south property line of Lexington Ave-
nue to the north property line of Revere Avenue.
Lebanon Road: From the south property line of Revere Avenue
to the north property line of Fort Worth &
Denver Railroad.
Maple Street: From the south property line of Second Street
to the north property line of Third Street.
Marconi Street: From 150' east of the east property line of
Bailey Avenue to approximately 50' east of
the east property line of Neff Street.
McGregor Avenue: From the west property line of Bridwell Street
to the east property line of Clark Street.
North Broadway: From the south property line of North Second
Street to the south property line of North
Third Street.
North First Street: From the east property line of Expressway to
the west property line of Stratford Avenue.
North First Street: From the west property line of Stratford Ave-
nue to the west property line of North Broad-
way.
North First Street: From the east property line of North Broadway
to the east property line of most easterly of
North Brook Avenue.
North Fifth Street: From the west property line of Stratford Ave-
nue to the west property line of Lot 18, Block
22, Scotland Addition.
North Fourth Street: From the west property line of North Brook Ave-
nue to the east property line of North Broadway.
North Second Street: From the west property line of North Broad-
way to the east property line of Stratford
Avenue:
Polk Street: From the south property line of Avenue 0 to
the north property line of Avenue Q.
Roosevelt: From the east property line of Homes Street
to the east property line of Redwood Avenue.
Roosevelt: From the east property line of Redwood Avenue
to the east property line of Tulip Street.
Roosevelt: From the east property line of Rosewood Ave-
nue to the west property line of Neff Street.
Santa Fe: From the north property line of York Street
to the south property line of Miami Avenue.
Seventeenth Street: From the east property line of Austin Street
to the west property line of Travis Street.
Terrace Street: From the west property line of Fillmore Street
to the north property line of Inglewood.
Tulip Street: From the south property line of Elwood Street
to the north property line of Roosevelt.
Twenty-third Street: From the east property line of Holliday Street
to the west property line of Yale Street.
Van Buren Street: From the south property line of Ardath Avenue
to the north property line of Victory Avenue.
Walnut Street: From the east property line of Mississippi to
the west property line of Virginia Street.
Walnut Street: From the east property line of Virginia Street
to the west property line of Kentucky Street.
Walnut Street: From the east property line of Kentucky Street
to the west line of California Avenue.
Walnut Street: From the west property line of California Ave-
nue to the east property line of Colorado Ave-
nue.
Walnut Street: From the east property line of Colorado Avenue
to the west property line of Texas Avenue.
Warren Street: From the east property line of North Burnett
Street to the west property line of North
Austin Street.
Warren Street: From the east property line of North Austin
Street to the west property line of North
Travis Street.
Warren Street: From the east property line of North Travis
Street to the west property line of North
Lamar Street.
Warren Street: From the east property line of North Lamar
Street to the alley between Lamar Street and
Scott Street.
Whitney Street: From the east property line of Reilly Street to
the west property line of Smith Street.
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 appurtenences; 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: end contract has been
made and entered into with Asphalt Pavers, Inc. , Wichita Falls, Teas, for the
making and construction of such improvements on the above said portion 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 hear-
ing was given and said hearing was had and held at the time and place fixed
therefor, to-wit, on the 11th day of April, 1966, and the 9th day of May, 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:
protested that
protested that
protested that
protested that
protested that
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 accom-
plish 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 such prop-
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 assess: e.nt 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 imnrovements 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 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 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 day of A , 1966.
ATTEST: �.K 400469
MAYOR
CITY CLERK
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