Ord 2109 9/14/1964 ORDINANCE NO. /, 1
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND
PROVIDING FOR THE IMPROVEMENT OF PIERCE STREET FROM U.S. HIGH-
WAY NO. 82 and 277 (FIFTH STREET) TO AND INCLUDING TENTH STREET
AND KEMP BOULEVARD INTERSECTION 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 EXECU-
TION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTED-
NESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS-
MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A
PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGN-
ABLE 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 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 EF-
FECTIVE 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 Pierce Street from U.S. Highway 82 and 277 (Fifth Street)
to and including Tenth Street and the Kemp Boulevard Intersection.
Each of the above described portions of streets, avenues and public
places in the City of Wichita Falls, Texas, shall be improved by raising, grading
and filling same and by constructing thereon the following, to-wit:
One and one-half (13/4) inches of hot mix asphaltic concrete on eight (8)
inches of cement stabilized base on four (4) inches of sandstone, and where appli-
cable,
Six (6) inches of reinforced concrete 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:
Aa 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-tenths (9/10)
of the estimated cost of the remainder of such improvements.
Be 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 48 successive monthly installments,
or 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 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 or annually except as to interest on the first installment, which shall be
due and payable on the date said installment matures, provided they any owner shall
have the right to payand and all of such installment at any time before maturity
by paying principal with interest accrued to the date of payment, and further pro-
vided 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 improve-
ments 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 laws 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
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 according
to the terms thereof of the sums assessed against such property,
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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 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 fore 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 $119,264.90 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 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 seix.lrate 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 J.Lsseasments, 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 /17q1 DAY OF / / / , 19 C.
APPROVED AS TO FORM AND LEGALITY
MAYOR
Attest:
71 City Attorney City Cl'r
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z � - ° NOTICE CLa :2 FVCL 104. PAGEli''
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.THE STATE OF TEXAS X .
COUNTY OF WICHITA X • •
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Notice is hereby given that the governing body of the City.
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of Wichita Falls, Texas, has ordered and determined it to be neces-
sary that the following street in the City of Wichita Falls, Wichita
• County, Texas, be improved and that a portion of the coat of such
improvement is to be specially assessed as a lien upon the property ` i
abutting thereon, and said portions of streets in the City of
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Wichita Falls, Texas, as follows: - •
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Pierce Street from U.S. Highway 82 and 277 (Fifth Street)
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' to and including Tenth Street and the Kemp Boulevard Intersection.
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IN TESTIMONY WHEREOF, the City of Wichita Falls has caused
* this instrument to be executed in its behalf and signed by its Mayor,
t�,€ s'yr 4this 7 day Of (li .e-G�.li , A.D., 19-_re ..•
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Mayor
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a < City Cl- •
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STATE OF TEXAS X
COUNTY OF WICHITA X
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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
is . cured 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 thereof, and
for the purposes and consideration therein expressed,__
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• , GIVEN UNDER MY HAND.AND SEAL OF OFFICE• this the
7. ✓ day . . .
of• ,
Notary Public n and or
• Wichita County, Texas
WIVIA• J. THOMAS
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Notary for
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