Ord 2100 7/30/1964 ORDINANCE NO. �l D
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING
FOR THE IMPROVEMENT OF FOURTEEN (14) LOCATIONS FOR ASSESSMENT PAVING
IN THE CITY OF WICHITA FALLS, TEXAS; ,LETTING CONTRACT TO Jo F. FOSTER
AND SON 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 RELATING TO SAID STREET IMPROVEMENT ARE AND
SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FOR-
TIETH 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:
Twenty-Ninth Street: From the east property line of Lamar
Street to the west property line of
Armory Road,
Twenty-Eighth Street: From the east property line of Lamar Street
to the west property line of Armory Road,
Colquitt Street: From the north property line of Hudson
Street to the south property line of
Lexington Street,
Gerald Street: From the west property line of Neff Street
to the east property line of Rosewood Street.
Redwood Street: From the north property line of Tulsa Street
to the south property line of Woods Street
Roosevelt Street: From the east property line of Rosewood
Avenue to 150' west of Tulip Street,
Roosevelt Street: From the west property line of Holland
Street to the east property line of
Neff Street
al. • • .
Gladiolus Street: From the north property line of Elwood Street
to the south property line of Duncan Street,
Fourth Street: From the west property line of Mill Street
to the east property line of Patterson
Street,
Patterson Street: From the northwest property line of Fourth
Street to the south property line of
Lot 5, Block 134, Original Townsite.
Maple Street: From the northwest property line of E.
Fourth Street to the southeast property
line of E. Second Street,
Farris Street: From the northwest property line of Seventh
Street to the southeast property line of
Fifth Street,
Farris Street: From the northwest property line of Second
Street to the southeast property line of
Front Street.
Sixth Street: From the southwest property line of Farris
Street to the northeast property line of
Loop 165.
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:
Six (6) inches of asphaltic concrete pavement 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, and not exceeding nine-tenths (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 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 pay and 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 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
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.
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 m-king 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 re uir.-I. by Artic e 1105b of the revised
Civil Statutes of Texas, and the bid of - 440 0,0 having been
found to be the lowest and best bid for the aking and ns uct°on of said improve-
ments, the contract therefore is hereby awarded to � F-�rr�.�•
at and for the prices stated in the Proposal of said co pang 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 , _- ,,,,e DAY OF ' / 9 .
19_1_,<_____
/ /-
APPROVED AS TO FORM AND LEGALITY 2 ,
.... ..., ... ..,- '
'YOR
Attest: -
711
City Attorney City Clerk
, .
r
VOL PACE"LAM
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 necessary that the following
portions of Streets at 14 Locations in the City of Wichita Falls, Wichita County,
Texas, be improved and that a portion of the cost of such improvements is to be
specially assessed as a lien upon the property abutting thereon, said portions of
streets in the City of Wichita Falls, Texas, being as follows:
Twenty-Ninth Street: From the east property line of Lamar
Street to the west property line of
Armory.Road.
Twenty-Eighth Street: From the east property line of Lamar Street
to the west property line of Armory Road.
Colquitt Street: From the north property line of Hudson
Street to the south property line of
Lexington Street,
Gerald Street: From the west property line of Neff Street
4-0 to the east •property line of Rosewood Street.
Redwood Street: From the north property line of Tulsa Street
to the south property line of Woods Street
Roosevelt Street: From the east property line of Rosewood
Avenue to 150' west of Tulip Street.
Roosevelt Street: From the west property line of Holland
Street to the east property line of Neff Street.
Gladiolus Street: From the north property line of Elwood Street
to the south property line of Duncan Street.
Fourth Street: From the west property line of Mill Street
to the east property line of Patterson
Street.
Patterson Street: From the northwest property line of Fourth
Street to the south property line of
Lot 5, Block 134, Original Townsite,
Maple Street: From the northwest property line of E.
Fourth Street to the southeast property
line of E. Second Street.
Farris Street: From the northwest property line of Seventh
Street to the southeast property line of
Fifth Street.
Farris Street: From the northwest property line of Second
Street to the southeast 'property line of
Front Street.
I
r 4 .,I,C.VOL _W PACE O
ri
Sixth Street: From the southwest property line of Farris
Street to the northeast property line of
Loop 165.
IN TESTIMONY WHEREOF, the City of Wichita Falls has caused this instru-
ment to be executed in its behalf and signed by its Mayor, this / j `---day of
A.D., 19� cE ,
r
J
CITY OF WICHITA FALLS
cF eI1 , , .11./. , , ./�.//
'YOR
ATTEST: . .:,
CITY CLE a
STATE OF TEXAS J(
COUNTY OF WICHITA X
BEFORE ME, the unde`r'signed 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 instru-
ment, 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 expres-
sed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
h
_ , A.D., 19 6
Notary Public in an for
P Wichita County, Texas
WII, A J
Notary Public -�.i1'Q; rSr
,
c> 'j r- v7\•
. 41\,,_; , c\\\■.‘,)
CO ' IJ v -V LIl'''., . :
V,
Ea:, ,IA NA„,\ \ . A co
II. cd
41
x ,- .
A _-- ' - -..
477
r .
is j
A ndaQ ., -,, , , .437,3Z;,-'7"-7,,e' - Ag
a
sexay `A}uno4igaiM `4ftd6 kkunop alp ViaiD
SIAYQ V11OQ
•uafltJM anoqu $sni xnaA pui; Atp age
`sexa j, `sIIpa rliga!M ui aaujo Am ui `Aiunop plus jo lino° Alunop otp jo peas ag} pun punt Am ssau;tM
* ,.--,. j sa nd uo /, ` auznloA ui Alunop pres jo paoaaa �' 1- „ ,;
gip III `yS )paop,o Q /•,fir re--74:1-6T "UN r .�/-�',f ;o ,inp' -,7z`.,,J
a a .toaax A n ut? — ao a o 6I Q'v :-:, , jo Aup
y g p p P p `'ICI I �- 'p �✓ �� % `
at;; uo aatJlo Am ut pxoaax xol pall; sum uot2Uat3uag;nU jo aluou;xaa SIT g IM But1!L%& jo
;uautnalsut anogz alp lug} Ajp.taa Aclaxatl op `Afunop plus jo ;xnop Aiunop 0g1 JO 'Ixaip `SIAvcI V`SOQ `I
vltga!M 3o Afunop
SVX LL dO a LV LS
✓ F e....4 --- f
I V� in PV R ; Affidavit. of Publication
TO,_AE L Of :N OR s'GtAfN�1N4At ,f
nRO.t? R?r*; ABUTTING., C;Ifici`t uTHE_)
HEREINAFTER DESCRIBED'PORTIONS'
OF STREETS, AVENUES AND. PUBLIC
PLACES IN THE CITY OF WICHITA
FALLS, TEXAS, AND TO ALL OWNING; THE STATE OF TEXAS
OR CLAIMING ANY INTEREST IN SUCH
PROPERTY: n, n'OF !r
The Board of Aldermen of the City of' COUNTY WICHITA
Wichita Falls, Texas, has heretofore or-
dered that each of the hereinafter de-I )
scribed portions of streets, avenues and PV
public places in the City of Wichita Falls,! - 77.
Texas, be improved by raising, grading ._ i:.:3 L
and filling same and by constructing On tb.is day of •
thereon the following to-wit:
Six (6) inches of hof mix asphaltic con-
Crete on four (4) inches of sandstone.
The above,together with combined con-
A.D. . .; personally appeared before me, the undersigned authority
I crete curbs and gutters on proper grade
and line where same are not already so bookkeeper
constructed, together with storm sewers ;;;:;:+.
and'drains and other necessary incidentals - - -
and appurtenances; all of said improve-
ments to be constructed as and where
:shown on the Flans and in strict accord-
.once with the Plans and Specifications for the Times Publishing Company of Wichita Falls, publishers of the.
-.!
therefor and contract therefor ha `been:
madekiasd-entered y,:I wit '4 ,-Fax-Y Wichita Falls Record News, •a newspaper published at Wichita Falls in
a, '._ s Canfrauta Wtc[` FdYls,'-x-;
as; ,
It in hereby found and determined that
the cost of improvements on each portion Wichita County, Texas, and upon being duly sworn by me, on oath states
of street, avenue and public place here-
inafter defr copy d, with the amount of
amounts per er front that.the.attached,advertisement is a true and correct co of advertising
assessed for such improvements againt'1
abutting property and the owners thereof,' - r '
are as follows, to-wit: issues thereof on the following
Twenty-Ninth Street: From the east published •in_ ... �' g
1
property line of Lamar Street to the west.
property line of Armory Road. dates
Twenty-Eighth Street: From the east _ ; J ''1
property line of Lamar Street to the west
property line of Armory Road. '
Colquitt.Street: From the north property'. `;
line of Hudson Street to the south property, .` 4
line of Lexington Street.
Gerald Street: From the west property
line of Neff Street to the east property
line of Rosewood Street.Redwood Street: From the north proper- Bookkeeper for Times Publishing Company
.'
ty line of Tulsa Street to the south pro- of Wichita Falls
perty line of Wood Street.
Roosevelt Street: From the east proper-1
ty line of Rosewood Avenue to 150' west
of Tulip Street. i Subscribed and sworn to before me this the day and year first above
Roosevelt Street: From the west prop-
ery line of Holland Street To the east prop-LL) written.
i
arty line of Neff Street.
Gladiolus Street: From the north prop-I, e.-^
arty line of Elwood Street to the south- .„.-----7 it f .� y, ,.
property line of Duncan Street. d ._,. � ,�J
I
Fourth Street: From the west property I..
6"::::r.-:; r"(rr._G�y,,•,,�—'.� �",,�•='amt." ''-,, R�
line of Mill Street to the east property I ^ -
Cline of Patterson Street. !
Patterson Street: From the northwest!;
j.property line of Fourth Street to the south j ,�n,,� f h m R___ -^ r }^�
property line of Lot 5, Block 134,Original t - s_�,
Townsite. eaa. FOR W.,.sav .i,n- -Y .;ce°
Maple Street: From the northwest prop
erty line of E. Fourth Street to the south-
east property line of East Second Street.i
Farris Street: From the northwest prop-.:
erty line of Seventh Street to the southeast
property line of Fifth Street.
Farris Street: From the northwest prop- ;with reference to said matters. Following
arty line of Seventh Street to the south-j I such hearing, assessments will be levied
east property line of Fifth Street. I i against abutting property and the owners
Sixth Street: From the southwest prop-; i thereof, and such assessments when levi-
erty line of Farris Street to the north-I
east property line of Loop 165. ! ed, shall be a personal liability of the
The estimated cost of improvements is ,owners of such property, and a first and
i prior lien upon the property as provided
$91,792.35; the estimated amount per front !
foot to be assessed against abutting prop-� ;by the law in force in the City and under
erty and the owners thereof for combin- which the proceedings are taken, being
ed concrete curb and gutter and asphal-! an act of the First Celled Session of the
tic concrete pavement is $5.51; the esti-
II Fortieth Legislature of the State of Texas,
mated amount per side foot to be assessed i known as Chapter 106 of the Acts of said�
against abutting property and the owners; .Session,together with any and all amend-I
therof for combined concrete curb and menus thereto, said Act now being known j
gutter and asphaltic concrete pavement is i !as Article 11055 of Vernon's Texas Civil i
$4.83 which is the total estimated amount I Statutes, which has been made a part of
per foot to be assessed against abutting II I the Charter of the City of Wichita Falls,
property and the owners thereof. :Texas. i
A hearing will be given and held by and � Of all said matters and things, all own-
before the governing body of the City'of "ing or claiming to own any such property,
Wichita Falls, Texas, on the 25th day of or any interest therein, as well as all 1
August,1964,at 10:30 a.m.,in the Council :others In anywise interested or affected
Room of the Memorial Auditorium Build- will take notice.
ing, 1300 Seventh Street in the City of Done by order of chita and of Alder-I.
Wichita Falls, Texas, for all owning or men of the City of Wichita Falls, Texas,
964. Henry Mus,I
claiming any property abutting upon said the 12th day of August,
portions of streets, avenues and public City Clerk, City of f Wichita Falls,!
Texas
places and to all owning or claiming any Texas.
interest in such property. At said time i_
and place, all owning or claiming any
such property, or any interest therein,)
shall be and appear and will be fully
heard concerniing said improvements, the
costs thereof, the amounts to be assessed i
•
therefor, the benefits to the respective
parcels of abutting property by means of;
the improvements on the portions of
streets, avenues and public places upon
which the property abuts, and concerniing
the regularity, validity and sufficiency of
the contract for and all proceedings relat-!
ing to. such improvements 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 proceedings of the City
with reference to said matters. Following
i c,trh hanrinn neeaec..,o...+e ..,,n tin r,...:,..+