Ord 2140 12/21/1964 fi
ORDINANCE NO.
it
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF FAIRWAY BOULEVARD FROM F.M.
ROAD 369 (SOUTHWEST PARKWAY) TO SEYMOUR ROAD IN THE CITY OF
WICHITA FALLS, TEXAS; LETTING CONTRACT TO J. F. FOSTER AND
SONS 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 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 RE-
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
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
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 Fairway Boulevard from F.M. Road 369 (Southwest Parkway)
to Seymour Road (U.S. Highway No. 277) .
One and one-half (1z) inches of hot mix asphaltic concrete on eight (8)
inches of cement stabilized base on four (4) inches of sandstone.
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) ,
acceptance, and the
of such completion and acce
and four (4) years from the date p P
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-
r`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 property
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 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 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 hearing provided
by the law in force in the City shall any assessment be made in any case un-
til after notice of hearing as provided by law. Said assessments against the re-
spective 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 authorized
Director of Public Works, the City of Wichita Falls retains the right to authorize
payment of the sums assessed against abutting property upon such completed and
accepted unit in not more than forty-eight equal regular monthly installments of
not less than $9.00 each, the first of such installments to become due and payable
not more than 30 days after the completion and acceptance by the City of the par-
ticular unit, PROVIDED FURTHER, that the City Attorney is hereby empowered to au-
thorize 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 previously determined
that an extreme financial hardship upon the property owner will otherwise result;
and PROVIDED FURTHER, that such method of payments shall be authorized only in
instances where the owner or owners of property abutting upon such completed and
accepted unit shall have executed and delivered to the City of Wichita Falls a
lawful, valid and binding note and mechanic's and materialman's contract upon
forms supplied by the City granting a mechanic's lien upon and conveying the said
abutting property in trust to secure the payment by said owner or owners accord- '
ing' 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 h=ve 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 Wichit. 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 any particular unit or in 'front of any property exempt
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 S343,499.00 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 J. F. Foster and Sons
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 Clerkare 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.
.. ,o, .a
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 of/ DAY OF , 19 .
APPROVED AS TO FORM AND LEGALITY: / / ,�I/ �.iI d /•,/s.
MAYOR
Attest:
City Attorney City Clerk
,M1
NOTICE
TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED
PORTIONS OF STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS,
TEXAS, AND TO ALL OWNING OR CLAIMING ANY INTEREST IN SUCH PROPERTY:
The Board of Aldermen of the City of Wichita Falls, Texas, has hereto-
fore ordered that the hereinafter described portions of Streets, Avenues and public
places in the City of Wichita Falls, Texas, be improved by raising, grading and
filling same and by further constructing thereon the improvements hereinafter
specified to-wit:
Eight (8) inches of cement stabilized conglomerate gravel base with
one and one-half (lb) inches of 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. Contract has been made and entered into with J. F. Foster and Sons,
Contractor of Wichita Falls, Texas, for the making and construction of such im
provements.
Estimates of the cost of such improvements for each portion of Street,
Avenue, and public place have been prepared and approved.
It is hereby found and determined that the cost of improvements on
each portion of street, avenue and public place lereinafter described, with the
amount or amounts per front foot proposed to be assessed for such improvements
against abutting property and the owners thereof, are as follows, to-wit:
Abutting Property on the west side of Fairway:
From a point approximately 225 feet north of the north property
line of Johnson Road to the south property line of Seymour
Highway (U.S. 277)
Abutting Property on the east side of Fairway:
From the north property line of Westward Drive to the south prop- '.
erty line of Seymour Highway (U.S. 277)
The estimated cost of improvements is $343,499.00, the estimated amount
per front foot to be assessed against abutting property and the owners thereof
for combined concrete curb and gutter is $1.47, which is the total estimated
amount per front foot to be assessed against abutting property and the owners
thereof.
A hearing will be given and held by and before the governing body of
the City of Wichita Falls, Texas, on the 25th day of January, 1965, at 7:30 p.m.
in the Council Room of the Memorial Auditorium Building, 1300 Seventh Street in
the City of Wichita Falls, Texas, for all owning or claiming any property abutt-
ing upon said portions of streets, avenues, and public places and to all owning
or claiming any interest in such property. At said time and place, all owning
or claiming any such property, or any interest therein, shall be and appear and
will be fully heard concerning said improvements, the costs thereof, the amounts!
to be assessed therefor, the benefits to the respective parcels of abutting prop-
erty by means of the improvements on the portions of streets, avenues, and public
places upon which the property abuts, and concerning the regularity, validity
and sufficiency of the contract for and all proceedings relating to, such improve-
ments and proposed assessments therefor, and concerning any matter as to which
they are entitled to hearing under the law in force in the City and under the
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).,... /4/
7
proceedings of the City with reference to said matters. Following such hearing,
assessments will be levied against abutting property and the owners thereof, and
such assessments when levied, shall be a 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 Legislature 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 owning or claiming to own any such
property or any interest therein, as well as all others in anywise interested or ,
affected will take notice.
Done by order of the Board of Aldermen of the City of Wichita Falls,
Texas, the 11th day of January, 1965.
Wilma J. Thomas, City Clerk
City of Wichita Falls, Texas
a;
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74 ,,
%tE1.14C4iit!!'t i'l! : 1/!!!'!
i 1,I E A E IVA F-t ER'I'/OE • •:.'tililttATiaiS.T." Affi 0
davit of Publication
I OF STREETS,:AVENUES AND PUBLIC.
;PLACES IN THE CITY OF WICHITA
I FALLS, TEXAS, AND TO ALL OWNING
;OR CLAIMING ANY THE STATE! OF TEXAS_INTEREST .IN
SUCH PROPERTY:
1 I The Board of Aldermen of the City!.of
COUNTY OF WICHITA
Wichita Falls, Texas, has heretofore of-
fered that the'tiereinafter--described por-
tions of Streets, Avenues and public+are)
places in the City of Wichita Falls,
Texas, be improved by raising, grading
;.-1
. day of
and!Jibing same and by further con-, On th is ... ----
struang thereon the improvements here-I
iflatter specified to-wit:
Eight (8) inches of cement stabilized,
conglomerate
gravel base with one and;
one-half (11/2) Inches of asphaltic con-I A.D. •1 96''; • personally appeared before me, the undersigned authority
crete surface.
,
The above, together with combined con-
! bookkeeper
.y:: 1„,--,:l ,.!,-..t.i.:1 ,i,r_.-..1,L!...i,„,„„"„ .,,,,,,,..
Mr,14,:gs,..end, gutters. op proper
I
..,,t ew et 7'.' lns
Mal-!!!.X.C1c14110,41-Vagget.,*,Y.1
fr! 1
for the Times Publishing Company of Wichita Falls, publishers of the
ptt-.-7m:rerni,m4,,A, 'wit
I and Specifications:therefor:-Cantrk, lirf,...,!
Wichita Falls Record News,ibeep.I.:rriade:.and entered into with J.: F.I a newspaper published 'at Wichita Falls in
states
1: i:)star ',And Sons, Contractor!of! Wichita I
duly sworn by me,
falia,::Texas,'for the making and con-!
IrstrOttion.of 51:Joh improvernents... I Wichita County, Texas, and upon being
Estinietes.of the cost of such'Improve-
ments for each portion Of'Street,AveriOe,r; that the attached,advertisement is a true
and. public.iplace have been !prepared 1
and approved. ':'•._
..issues thereof or the following
It Is :hereby.foOnd and determitied that t • ; ,,,-..,--,,,,,,,,-, t 1'i
I the!:cosr!of:ithprevementsit snob. per-I published in— -- -, . -
!tioh of-1 Or,pet,--:avenue:and publia1:pleee 1
hereinafter described,::vidt-h.-:the-;:amount 1
dates
or amouhts, per,front-foot:'proposed :fo
_
i be Iatsessed, -far ''such impravernehts
•
1 against:abutting!Praiperty..'and the-bwn-
,
ers ..thereof,'..:are aa. fellows, 'to-Wit: ,
Abutting'Property--oh''the west',side Of!
,,)
1 Fairway:.From:A 'point:,approximately
!225 feet north.Of the north property tine 1
!of johnSon ,Eoed to the!south property! .:
. ;line of Seymour Highway' .(U.S. 277)
'lig Company
1 AI:Sitting Property.en the 'east side :of• Bookkeeper for Times Publishing!FairWay: From"the!!north:property line:
of Wichita Falls
I of Wesh,:vard.,:Dri Ve!to..the soU .nreperty
!line of Seyrriourtl-lighWaY (U,S.th
!The estimated. cost of-improYements Is
ab
y and year first ove
1.$343,499.00;: the estimated amount .her
property ot and against abutting!
SUbscribed and sworn to before me this the day 1
I front fo te be assessed.
! the.oWners thereof:
•
iA hearing will be given and ', Me
held by EAL) written.
and before the governing body ef ,
City gf VVichita Falls, Texas, on the 25th 1
:day of January, 1965, at
the Council I Roam of the Memorial Au-I
ditorium Sev
Building,.1300 enth Street!in
the City of"IiVichiteLFells,i-Texas, for All I
--
and I owning or Clalinihi any,,!proberty abutt-
la, drportions of:streets,avenues, wALUAMI ,-
-In V'Il.Ci41 1 A L'AZAJLI 1 A.
, I and public places'and to,e1:1 owning or
at AND FOu sa —,. .
I claiming any. interest in such property.
At said time! arid place,: all!owning -or
claiming any such property,!:or any: In-
will be fully,-heard ;conderning said Im-,
provements, -.the costs "thereof, ;the I,
terest therein, shall be and appear end
benefit
amounts to be assessed therefor, the'
s to the;resPective parcels of r
!abutting property by means ef the im,; •
1 provernents on the portions of streets, !
1 avenues, and
the propert public places upon which
o ;
y a and cncerning the
1 regularity; Validity!buts,and suofficieney of the!
cntract for and all proceedings relatin
,to, such improvements and proposed as g-,
sessments therefor, and concerning any
matter as to which they are entitled to I
hearing under the law in force In!the
City and under the proceedings of the 1
City with reference to said matters.,Fol-
lowing such hearing, assessments Will'
be:levied -against abutting proPerty and'
, the OWners:thereof, and such assessments
when levied, shall be a personal liability
of the owners of such property, d
first and prior lien upon the
!ProVided by the law in f propean a rty as orce in the
City and under which the proceedings are
I taken, being an act of the First Called!
I Session of the Fortieth Legislature of the!
!State of Texas, known as Chapter 106 of
'the Acts of said:Session; together With
any and all .amendments thereto, said
Act new being known as Article 1105b
of Vernon's Texas !Civil Statutes, which
has been !a part Of the Charter of the
City of Wichita Falls, Texas. •
.Of.ail-said matters and things, all own-
,
!ing or Claiming to own any such pre13s-
I'erty or any interest therein,'as well a
an others in' anYwise interested or af !
1 fitted will:take notiee. • -!
'l Done by order of the Board cif Alder-1
men of
the 11tthe-City of Wichita Falls, Texas,(
h day,of January, 7965. s-Wit tra
J. Thomas, City Clerk' City of W' t I
Falls, Texas. Clerk, y lc h'i a
_ ! :
•