Ord 2136 12/14/1964 ORDINANCE NO.
AN ORDINANCE ABANDONING CERTAIN ASSESSMENT PAVING CONTRACTS
FOR VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS;
PROVIDING FOR RELEASE OF LIENS WHICH HAVE BEEN LEVIED AGAINST
ABUTTING PROPERTY OWNERS; DIRECTING THE CITY CLERK TO FILE
NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF
WICHITA COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE RELATING
TO THE ABANDONMENT OF CERTAIN CONTRACTS 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;
PROVIDING AN EFFECTIVE DATE; PROVIDING SUNDRY OTHER MATTERS
INCIDENT THERETO, AND DECLARING AN EMERGENCY.
H WHEREAS, due to the City' s inability to provide marketable
liens on properties abutting streets placed under contract for
n
assessment paving and due to the length of time which these contracts
have been in existance and the fact that unit prices for construction
reflect conditions which have changed materially due to increased cost of
material and labor, and since a new program has been provided for
financing the property owners ' share of the cost of paving;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
I.
The Contracts referred to as Group 1-60 Street Improvements entered
into with R. 0. Green Construction Co. , dated December 12, 1960, and
Group 1I-60 Street Improvements entered into with J. F. Foster and Sons
dated June 26, 1961, hereby be abandoned, except for those portions of
said contracts which have been performed by the contractors by paving
and improving certain streets.
II.
The following portions of streets, avenues, and other public places
have not been paved nor improved, and improvements which were to have been
constructed under the above named projects are hereby 'abandoned:
AVENUE C: From the west property line of Taylor Street to the east
property line of Polk Street;
GRAND AVENUE: from the north property line of North Ninth Street
to the south curb line of North Tenth Street;
NORTH TENTH STREET: from the east property line of Grand Avenue to
the east curb line of Linwood Avenue;
JALONIC STREET: from the west property line of Colorado Avenue to
the east property line of Denison Street;
CLEVELAND STREET: from the south property line of Flood Street to
the north property line of Bonner Street; from the
south property line of Edison Street to the north property
line of Marconi Street; from the south property line of .
Juarez Street to the north property line of Welch Street;
from the south property line of Sullivan Street to the
north property line of Humphrey Street;
EDISON STREET: from the east edge of pavement of Redwood Avenue
to the west edge of pavement on Rosewood Avenue; from
the east curb line of Brick Street to the west edge of
pavement on Redwood Avenue;
ROOSEVELT STREET: from the west property line of Cleveland Avenue
to the west edge of pavement on Rosewood Avenue;
ELWOOD STREET: from the east edge of pavement on Rosewood Avenue
to the east end of W. E. Wilson' s Acre Block Addition;
VERMONT STREET: from a point 228 feet south of the south property
line of North Tenth Street northward to a point 4. 5 feet
south of the main track of the Fort Worth and Denver
railroad;
FARRIS STREET: from the north property line of Front Street to the
edge of the existing paving on Second Street;
PATTERSON STREET: from the north property line of Front Street
to the north property line of Fourth Street;
FRONT STREET: from the west property line of Patterson Street to
the east property line of Seymour Street; from the west
property line of Seymour Street westward to the existing
paving on Texas State Highway Loop 165;
SECOND STREET: from the west property line of Maple Street to the
east property line of Patterson Street; from the west
property line of Patterson Street to the east property
line of Seymour Street; from the west property line of
Seymour Street westward to the existing paving on Adams
Stre-t;
THIRD STREET: from the west property line of Maple Street to the east
property line of Patterson Street; from the west property
line of Patterson Street to the east property line of Sey-
mour Street; from the west ro e we t property line of Seymour Street
westward to the existing paving on Adams Street;
FOURTH STREET: from the west property line of Patterson Street to
the east property line of Farris Street; from the west
property line of Seymour Street westward to the existing
paving on Adams Street;
FIFTH STREET: from the west property line of Patterson Street to the
east property line of Seymour Street; from the west property
line of Seymour Street westward to the existing paving on
Adams Street;
SIXTH STREET: from the east property line of Seymour Street easterly
to the south end of Mill Street;
MILL STREET: from the north property line of McLaughlin Street
southerly to the south end of Mill Street
McLAUGHLIN STREET: from the east property line of Mill Street
easterly to the west edge of the pavement on Reilly
Street;
I I,I ro
The assessment liens heretofore levied under Article No. 1105b
of Vernon ' s Annotated Texas Statutes against the properties abutting the
streets, avenues and public places listed under Paragraph II above are
hereby cancelled and released.
IV.
The City Clerk is directed to file a notice of this ordinance with.
the County Clerk of Wichita County, Texas, for recording in the records
of deeds of trust, for the purpose of releasing the liens which were af-
fixed by the filing of notices under Article 1220a.
V.
The fact that there are at present liens affixed to properties
abutting streets which have not and will -not be paved and such liens may
interfere with the power of the owners of such properties to freely enjoy
the use thereof, creates an emergency, and this ordinance is declared
to be an emergency and shall become effective immediately upon its
passage.
PASSED AND APPROVED THIS THE 4e45 DAY OF ( /7 az� /
1964.
Mayor
ATTEST:.
j 7 ,
City Clerk (k_ �
•
THE STATE OF TEXAS X
X
COUNTY OF WICHITA X
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas,
a municipal corporation, has heretofore ordered an assessment against certain
property abutting the list of streets listed below, and
WHEREAS, notice of said assessment was dated June 30, 1961, and
recorded in Volume 833, Page 107, of the Mechanic's Lien Records of Wichita
County, Texas, to which reference is here made for all purposes.
NOW, THEREFORE, for and in consideration of the sum of One Dollar
($1.00) cash in hand paid and other good and valuable consideration, the City
of Wichita Falls, Texas, acting by and through its duly elected Mayor, J.
Winston Wallander, has this day and does by these presents release unto all
persons, firms and corporations abutting these streets the special assessment
liens heretofore existing upon the hereinafter described portions of streets
by virtue of the above described notice and declare said liens fully released
and cancelled, insofar and only insofar as they exist against said streets
hereinafter described, to-wit:
Avenue C: From the west property line of Taylor Street
to the east property line of Polk Street;
Grand Avenue: From the north property line of North Ninth
Street to the south curb line of North Tenth
Street;
North Tenth Street: From the east property line of Grand Avenue
to the east curb line of Linwood Avenue;
Jalonic Street: From the west property line of Colorado Avenue
to the east property line of Denison Street;
Cleveland Street: From the south property line of Flood Street
to the north property line of Bonner Street;
from the south property line of Edison Street
to the north property line of Marconi Street;
from the south property line of Juarez Street
to the north property line of Welch Street;
from the south property line of Sullivan Street
to the north property line of Humphrey Street;
Edison Street: From the east edge of pavement of Redwood
Avenue to the west edge of pavement on Rosewood
Avenue; from the east curb line of Brick Street
to the west edge of pavement on Redwood Avenue;
Roosevelt Street: From the west property line of Cleveland Avenue
to the west edge of pavement on Rosewood Avenue;
Elwood Street: From the east edge of pavement on Rosewood
Avenue to the east end of W. E. Wilson's Acre
Block Addition;
J. Winston Wallander, Mayor
ATTEST:
City Cler
7
THE STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public in and for said County,
Texas, on this day personally appeared J. Winston Wallander, Mayor of the City
of Wichita Falls, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me that the same was
the act of said corporation, the City of Wichita Falls, Texas, and that he
executed the same as, the act of such corporation for the purposes and considera-
tion therein expressed, and in the capacity therein stated.
r„ GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
VDe eib , A.D. , l96 ,.
.r,444�r i
Notary Public, in and for
Wichita County, Texas
ANITA WEST
mew nog* Wtat*ta, amian
THE STATE OF TEXAS X
COUNTY OF WICHITA X
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas,
a municipal corporation, has heretofore ordered an assessment against certain
property abutting the list of streets listed below, and
WHEREAS, notice of said assessment was dated December 14, 1960, and
recorded in Volume 114, Page 638, of the Mechanic's Lien Records of Wichita
County, Texas, to which reference is here made for all purposes.
NOW, THEREFORE, for and in consideration of the sum of One Dollar
($1.00) cash in hand paid and other good and valuable consideration, the City
of Wichita Falls, Texas, acting by and through its duly elected Mayor, J.
Winston Wallander, has this day and does by these presents release unto all
P ersons, firms and corporations abutting these streets the special assessment
liens heretofore existing upon the hereinafter described portions of streets
by virtue of the above described notice and declare said liens fully released
and cancelled, insofar and only insofar as they exist against said streets
hereinafter described, to-wit:
Vermont Street: From a point 228 feet south of the south prop-
erty line of North Tenth Street northward to a
point 4.5 feet south of the main track of the
n
Fort Worth and Denver railroad;,
Farris Street: From the north property line of Front Street
to the edge of the existing paving on Second
Street;
Patterson Street: From the north property line of Front
Street to the north property line of
Fourth Street;
Front Street: From the west property line of Patterson
Street to the east property line of Seymour
Street; from the west property
line of
Seymour Street westward to the existing
paving on Texas State Highway Loop 165;
Second Street: From the west property line of Maple
Street to the east property line of
Patterson Street; from the west property
line of Patterson Street to the east
property line of Seymour Street; from the
west property line of Seymour Street west-
ward to the existing paving on Adams Street;
Third Street: From the west property line of Maple Street
to the east property line of Patterson
Street; from the west property line of
Patterson Street to the east property line
of Seymour Street; from the west property
line of Seymour Street westward to the
existing paving on Adams Street;
property t
Fourth Street: From the west p er y line of Patterson
Street to the east property line of Farris
Street; from the west property line of
Seymour Street westward to the existing
paving on Adams Street;
1
Fifth Street: From the west property line of Patterson
Street to the east property line of Seymour
Street; from the west property line of
Seymour Street westward to the existing
paving on Adams Street;
Sixth Street: From the east property line of Seymour
Street easterly to the south end of Mill
Street;
Mill Street: From the north property line of McLaughlin
Street southerly to the south end of Mill
Street;
McLaughlin Street: From the east property line of Mill Street
easterly to the west edge of the pavement
on Reilly Street.
C; J. Winston Wallander, Mayor
ATTEST:
1 i is z fr -
City Clerk
THE STATE OF TEXAS
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public in and for said County,
Texas, on this day personally appeared J. Winston Wallander, Mayor of the City
of Wichita Falls, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me that the same was
the act of said corporation, the City of Wichita Falls, Texas, and that he
executed the same as the act of such corporation for the purposes and consid-
eration therein expressed, and in the capacity therein stated.
l GIVEN UNDER MY TAD AND SEAL OF OFFICE, this % day of
'� ® A.D. , 196
Notary Public, in and for
Wichita County, Texas
ANITA
:ems Public. IN'lx:Illt a Onmtri