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Ord 2216 2/28/1966 ■ ORDINANCE NO. /16 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF SIXTY-FIVE (65) LOCATIONS FOR ASSESSMENT-PAVING 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 PURPOSE OF PAYING THE INDEBTED- NESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR APART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECT- ING THE CITY ENGINEER OF THE CITY TO PREPARE ESTIMATES; DIRECT- ING 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 IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY 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 COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MAT- TERS 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 here- inafter described portions of streets, avenues and public places in the City of Wichita Falls , Texas, to-wit: Alabama Avenue: From the east property line of Lawrence Road to the west property line of Sherman 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 Lafayette Ave- nue 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 of 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 pro- perty 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: ftifn. From the north property line of Boule- vard to the south property line of Wilson Ave- nue. 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 east of property line of Reilly Street to the west property line of Smith Street. a Each of the above described portions of streets, avenues and public places in the City of Wichita Falls, Texas, shall be improved by raising, grad- ing, and filling same and by constructing thereon the following, 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. 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, and not exceeding nine-tenth (9/10) of the estimated cost of the remainder of such improvements. 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 12 successive monthly installr 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 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 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 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 pro- ceedings 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 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 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 an y p articular unit or in front of any property exem p t by law from the lien of special assessment for street improvements shall not invali- date 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 recitals pertinent thereto. V Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, and the bid of $370,663.03 having been found to be the lowest and best bid for the making and construction of said improve- ments, 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 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 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 proceedings are taken and had. 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 , _ / DAY OF , 19 (� l APPROVED AS TO FORM AND LEGALITY: G,/G- �� 4. G�, AYOR Attest: -, Ar A 4 ,1/4.fft-42-Let.4-cc7,. /eif--- City Attorney City Clerk 4011" 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 streets 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: Alabama Avenue: From the east property line of Lawrence Road to the west property line of Sherman 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 Lafayette Avenue to the north property line of Lex- ington 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 of 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 pro- perty 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. Keeie.r Duval Street: From the north property line of, 144s4-14r Boule- vard to the south property line of Wilson Ave- , nue. 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 lime. 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. +�. t , 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: Prom 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: Prom 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: Prom the south property line of Ardath Avenue to the north property line of Victory Avenue. Walnut Street: ' Pram the east property line of l4ississippi 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: Prom the east property line of North Travis Street to the, west property line of North Lamer• Street. Warren Street: From the east property line of North Lamar Street to the alley between Lamar Street and Scott' Street. Whitney Street: From east of property line of Reilly' Street to the. west property line of Smith Street. A. IN TESTIMONY WHEREOF, the City of Wichita Falls has caused this instrument to be executed in its behalf and signed by its Mayor, this �1 day of �A ,. A. D® , 19 6.6..' . MAYOR A T T E S T: %.2/4-4-"rvetJ g-__-', < /-e9----)-2--.4..-a) 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. J. Winston Wallander 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. GIVEN .yyUNDER MY HAND AND SEAL OF OFFICE, this th / day of ` rCtt[: , A. D. , 19 Notary PUilic in and for Wichita County, Texas HVELYN M. LE ,H Notary Public in and for Was i Team