Ord 2182 9/13/1965 ORDINANCE NO, 1 ,e
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF ARCHER STREET FROM IC MP BOULE-
VARD TO TAFT BOULEVARD IN THE CITY OF WICHITA FALLS, TEXAS;
LETTING CONTRACT TO R. O. GREEN CONSTRUCTION COMPANY FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING
ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING
THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE
LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE
OWNERS THEREOF FOR A PART OF T COST NF SUCH IMPR0VEDLNTS 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 SU:SEQUENT PROCEEDINGS 'E-
LATING 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
1105: OF VERNON a S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY
CLERK TO ENGROSS AND ENROLL THIS ORDINANCE - Y COPYING THE CAPTION
OF SAME IN THE MINUTE LOOK OF THE BOARD OF ALDERMEN AND . Y FILING
THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF
THIS CITY, PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER
MATTERS INCIDENT THERETO, AND DECLARING AN EME'GENCY.
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 ALDE' :'1'N 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 Archer Street from Kemp :oulevard to Taft Boulevard.
One and one-half (12) inches of hot mix asphaltic concrete on five (5)
inch thick Type®A hot mix asphaltic concrete over four inch thick sandstone base.
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 lawN, 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 cexecuted 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 having been advertised for as required by Article 1105b of the
revised Civil Statutes of Texas, and the bid of $122,196.50
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
R 0. Green Construction Company at and for the prices
stated in the Proposal of said company and as reported and recouuuended 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.
VIIL
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 thecassessments 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 wit'Athe 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 / el✓ DAY OF ,; � ?JY� , 19
_ MAYe'R
APPROVED AS TO FORM AND LEGALITYm
Attest:
City Attorney __j / /
City Clerk
Ihhip
1 , , e4
N O T I C E
THE STATE OF TEXAS
COUNTY OF WICHITA
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:
Archer Street from Kemp Boulevard to Taft Boulevard.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused
this instrument to be executed in its behalf and signed by its Mayor,
this /j day of .� ��%J___ , A.D. , ,l9
`' MAYOR
ATTEST:
�.� tl%m-w?` - fit
City erk
STATE OF TEXAS
COUNTY OF WICHITA
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 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 y thereof, and
for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF' OFFICE, this the /3,e� day
of i.. his r`... '. , A.D. , 19 e". .
2
Notary Puf ic in and for
Wichita County, Texas
3'ublf'c i and €tar
' I' I,� S 9�T a Y TExAs
}
tt PE O 'G '- ,
Af
Affidavit of Publication PR ORT ABUTTING "UP ON' 7THE
HERE INAFTER.DESCRIBED PORTIONS
OF STREETS, AVENUES AND PUBLIC
PLACES IN THE CITY OF'-WICHITA. V,AND TO ALL OWNING
FALS,ORLCLAIMINGSANY INTEREST IIN-SUCH THE STATE OF TEXAS
PROPERTY:
The Board of Aldermen of the.City.of COUNTY OF WICHITA
Wichita Falls, Texas, has heretofore or-
dered that the hereinafter described por-
tions of Streets, Avenues, and public Here)
places in the City of Wichita Falls,Texas, October
be improved by raising, grading and fill- On S . 4 1�
ing same. and by -further constructing o' this day of 0� -
thereon the improvements hereinafter
specified to-wit:
One and one-half (11/2) Inches of hot A,D, • 1 personally appeared before me, the undersigned authority
mix asphaltic concrete on five (5) Inch h' y pp y
thick Type-A hot mix asphaltic concrete
over four inch thick sandstone base. Patricia Pendleton
i Thg aide 1Ag gefkar':vii,Agpgl ine6 , bookkeeper
eoncee t c4r ,;ixd1-R4ktt etonsdttlts ��'f;
Roof to yi r16s*Ne 10541{a�-1 �.
resat so,clips rlle of fog ewith mitt
sewers and a ;ns o f}e t p t 4 y for the Times Publishing Company of Wichita. Falls, publishers of the
incidentals and.appurtenances;'all•of'said-
improvements to be constructed as and
where shown on the Plans and Specifics- Wichita Falls Record News, a newspaper published at Wichita Falls in
tions therefor. Contract has been made
and entered into with R. 0. Green Con-;
struction Company, Wichita Falls, Texas,; Wichita County, Texas, and upon being duly sworn by me, on oath states
for the making and construction of such I
improvements. - that the a:ttachedr advertisement is a true and correct copy of advertising
Estimates of the cost of such (mprove-
I ments for each portion of Street, Avenue,I.
;and public place have been prepared and
approved. published , b
It.is hereby found and determined that p u sed issues thereof on the following
the cost of improvements on each portion)
of street, avenue, and public place here- dates:
amounts deeded,'with proposed sed to or
e •� to 30, Ott* , 1965
amounts per front foot proposed to he
assessed for such improvements. against'. •
abutting property and the owners,thereof,,
are as follows,to-wit:
Archer Street: From the east line of �,�/
Kemp Boulevard.to a point approximately a �� Z4
400 feet west of Taft. Boulevard, said'
point being the end of existing 1 Bookkeeper for Times Publishing Company
connecting to Taft Boulevard. ■
The estimated cost of improvements is, of Wichita Fails
the estimated amount per,
front foot to be assessed against ebuttingi•
property
ined t concrete the curb and thereof gutter is.com91 fS�ubscribed and sworn to before me this the day and year.first above
which is the total estimated amount biped concrete curb and gutter is $1:491
p
assessed t ' )
p op ad he wne s therf. written.
front foot to hearing be
eodbyC
and before the governing body of the City i
il
of Wichita Falls, Texas, on the 11th day f h■
of October, 1965, at 7:30,o'clock p.m. in I a n � of ( sue
the Council Room of the Memorial.Audi-
torium Building, 1300 Seventh Street in 7
the City of Wichita Falls, Texas, for all
owning or claiming any property abutting
upon said portions of streets, avenues, s
and public places and to all owning or
claiming any interest in such property.Ati
said time and place,all owning or claim-'
mg any'such property, or any interestij
therein, shall be and appear and will be
fully heard concerning said improvements,
the costs thereof, the amounts to be as-
sessed therefor, the benefits to the re-t
spective parcels of abutting property by i
means of the improvements on the por-
tions of streets, avenues, and public plac-
es es upon which the property abuts, and
concerning the regularity, validity, and
sufficiency of the contract for and all,proceedings relating to such improve-j
men's and proposed assessments there-1
for, and concerning any matter as toy
which they are entitled to hearing under,
the law in force. in the City and under
the proceedings of the City with reference'
to said matters. Following such heann l
g,
assessments will be levied against abut-:.
j fing property and the owners thereof, and
such assessments when levied; shall be al
personal liability of the owners of such
property, and a first and prior lien upon',
the property as provided by the law in',
force in the City and under which the
'proceedings are taken,being an act of the
First Called Session of the Fortieth.Legis-
lature of the State of Texas, 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 Texas Civil,
Statutes, which has been made a part of
the Charter of the City of Wichita Falls,
Texas.
Of all said matters and things, all own-
ing or claiming to own any such property,,
or any interest therein, as well as sill
others in anywise interested or affected!
will take notice. •
Done by,order of the Board of Aider-1 of the City of Wichita Falls, Texas,
the.27th day of September,1965.—s-Wilma,
Thomas,City Clerk City of Wichita Fells,!
Texas