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Ord 2059 12/9/1963 ORDINANCE O. =leg ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF HARDING STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS: FIXING CHARGES AND LEINS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF: PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF: RESERVING UNTO THE BOARD OF ALDERMEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED: DI- RECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDER- MEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE • ORDINANCE RECORDS OF SAID CITY: PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY OTHER MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY: WHEREAS, the City of Wichita Falls, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of Wichita Falls, Texas, be improved by raising, grading, or filling :same and by constructing thereon 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 gutter on proper grade and line where same are not already so constructed together with storm drains 'and other neces- sary incidentals and appurtenances; all of said improvements are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifi- cations therefor: and contract has been made and entered into with Timmins and Anderson Contractors, Wichita Falls, Texas, for the making and construction of such improvements on the above said portion of streets, avenues and public places. WHEREAS, estimates of the cost of the improvements of each such portion of streets, avenue and public place were prepared and filed and approved and adopted by the Board of Aldermen of the City, and a time and place was fixed for a hearing and the proper notice of the time, place and purpose of said hearing-was given and said hearing was had and held at the time and place fixed therefor, to-wit, on the 9th day of December , 19 63 , 7:30 P.M. , in the Council Chamber in the City of Wichita Falls, Texas, and at such hearing the following protests and objections were made, to-wit: Azy Register protested that he needs approach instead of curb and gutter. Mr. Wells, of Wells Funeral Home protested that he needs approach instead of curb and tter. Mr. Clement Young protested that property-lines were his concern. protested that protested that protested that protested that protested that protested that protested that protested that protested that protested that protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard, and the Board of Aldermen of the City having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. Said hearing be, and the same is hereby, closed and the said protest and objections, and any and all other protests and objections, whether herein enumerated or not, be and the same are hereby, overruled. II, The- Board of Aldermen, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of property abutting upon the said portions of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit for which such assessments are levied, and establish substantial justice and equality and uniformity between the respective owners of the respective properties, and between all parties concerned, considering the bene- fits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said property by means of the said improvements in the unit upon which the particular property abuts and for which assessment is levied and charge made, in a sum in excess of the said assess- ment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improvements is in accordance with the law in force in this City, and the proceedings of the City heretofore had with reference to said improve- ments, and is in all respects valid and regular. III. There shall be, and is hereby, levied and assessed against the parcels of property herein below mentioned, and against the real and true owners thereof (whether such owners be correctly named herein or not) the sums of money itemized below op- posite the description of the respective parcels of property and the several amounts assessed against the same, and the owners thereof, as far as such owners are known, being as follows: IV. Where more than one person, firm or corporation owns an interest in any property above described, each said person, firm or corporation shall be personally liable only for its, her or his pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of such proportionate sum. V. The several sums above mentioned and assessed against the said parcels of property, and the owners thereof, and interest thereon at the rate of seven per cent (77) per annum, together with reasonable attorney's fees and costs of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real- and true owners of such property, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first enforceable Lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except State, County, School District and City ad valorem taxes. The sums so assessed against the abutting property and the owners there- of shall be and become due and payable as follows, to-wit: in five (5) equal install- ments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remain- ing units, shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of seven per cent (7%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the.improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be -and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of any installment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of said City of Wichita Falls, or its assigns, be and become immediately due and payable, and shall be collectable, together with reason- able attorney's fees and cost of collection, if incurred, 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 (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than thirty (30) days after the completion and accept- ance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of 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, VI. If default shall be made in the payment of any assessment, collection thereof shall be enforced either by the sale of the property -by the City as near as possible in the manner provided for the sale of property for the nonpayment of ad valorem taxes, or at the option of the City of Wichita Falls, or its assigns, payment of said sums shall be enforced by suit in any court of :competent jurisdiction, or as provided in any mechanic's or materialman's contract as aforesaid, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. M 9 VII. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relating to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII. Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts hereinabove stated, the Board of Aldermen does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the Board of Aldermen has herein reserved the right to issue credits, it shall not be required to issue credits, and will not do so, if same would result in any inequity and/or unjust discrim, ination. The principal amount of each of the several assessment certificates to be issued the City of Wichita Falls, Texas, as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove levied such amount or amounts, if any, as may hereafter be allowed by the Board of Aldermen as a credit against the respective assessments. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in the enforcement and collection thereof, assignable certifi- cates in the principal amount of the respective assessments less the amount of any respective credit allowed thereon, shall be issued by the City of Wichita Falls, Texas, upon completion and acceptance by the City of the improvements in each unit of improve- ment as the work in such unit is completed and accepted, which certificates shall be executed by the mayor in the name of the City and attested by the City Clerk with the corporate seal of the City impressed thereon, and shall declare the said amounts, time and terms of payment, rate of interest, and the date of the completion and accept- ance of the improvements abutting upon such property for which the certificate is issued, and shall contain the name of the owner or owners, if known, description of the property by lot and block number, or front feet thereon, or such other description as may otherwise identify the same; and if the said property shall be owned by an estate, then the description of same as so owned shall be sufficient and no error or mistake in describing any property, or in giving the name of the owner, shall invalidate or in anywise impair such certificate, to the assessments levied. The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable, with reasonable attorney's fees and costs of collection, if incurred, and shall provide substantially that the amounts evidenced thereby shall be paid to the Tax Assessor and Collector of the City of Wichita Falls, Texas, who shall issue his receipt therefor, which shall be evidence of such payment on any demand for the same, and the Tax Assessor and Col- lector shall deposit the sums so received with the Director of Finance to be kept and held in a separate fund, and when any payment shall be made in the City, the Tax Assessor and Collector upon such certificate shall, upon presentation to him of the certificate by the holder thereof, endorse said payment thereon. If such certifi- cate be assigned, then the holder thereof shall be entitled to receive from the Director of Finance the amount paid upon the presentation to him of such certificate so endorsed and credited; and such endorsement and credit shall be the Director of Finance's authority for making such payment. Such payments by the Director of Finance shall be receipted for the holder of such certificate in writing and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceed- ings with reference to making the improvements have been regularly had in compliance with the law, and that all prerequisites to the fixing of the assessment lien against the property described in such certificate and the personal liability of the owners thereof have been performed, and such recitals shall be prima facie evidence of all the matters recited in such certificates, and no further proof thereof shall be re- quired in any court. Said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, or may have coupons for each of the first four installments, leaving the main certificate to serve for the fifth instal- lment, which coupons may payable to the City of Wichita Falls, or its assigns may be signed with the facsimile signatures of the Mayor and City Clerk. Said certificates shall further recite that the City of Wichita Falls, Texas, shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals substantially in accord- ance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said units adjacent to any premises exempt from the lien of such assessments shall not in anywise invalidate, effect or impair the lien of such assessments upon other premises. X. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the assessments or in the certificates issued in evidence thereof, is, in accordance with the law in force in this City, vested in the City. XI, All assessments levied are a personal liability and charge against the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and. the assessments for the improvements in any unit are in nowise affected by the improvements or assessments in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assessments therefor in any other unit, XIII. The assessments levied are made and levied under and by virtue of the terms powers and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, known as Chapter 106 of the Acts of said Session and now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted as an amendment to and made a part of the Charter of the City of Wichita Falls, Texas. XIV, The City Clerk is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Wichita Falls, Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of said City. XV. The fact that the making and construction of the said improvements is being delayed pending the taking effect of this ordinance, and that the conditions 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 (7 day of ZZ9L p.(-/mot x-li[L'/I 1963 e ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney