Ord 2029 7/22/1963 £. 1
ORDINANCE NO. 2029
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING
A PORTION OF GIDDINGS STREET AND PORTIONS OF SUNDRY OTHER STREETS, AND PUBLIC PLACES
• IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES
ABUTTING ON SAID PORTIONS OF AVENUES, STREETS AND PUBLIC PLACES AND AGAINST THE
OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE
OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY.
WHEREAS, the governing body, the Board of Aldermen of the City of Wichita Falls,
Texas has ordered that each of the hereinafter described portions of avenues,
streets 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 here-
inafter specified, to-wit:
Each of the hereinafter described portions of streets and avenues shall be
further improved by constructing thereon six inch (6") concrete curbs and gutters;
each of the. hereinafter described portions of streets and avenues, with the exception
of Giddings Street, shall be further improved by constructing thereon six inch (6")
Reimforced Concrete Valley Gutters; and each of the hereinafter described portions
of streets and avenues shall be further improved by constructing thereon a six inch
(6") Flexible Base Course with a one and one-half inch (lZ") Hot Mix Asphaltic
Surface.
All of said portions of streets, avenues and public places shall be so improved,
together with storm sewers and drains and other necessary incidentals and appurte
nances as and where shown on the plans and in strict accordance with the Plans and
Specifications therefor now on file with the City; and -contract has been made and
entered into with J. F. Foster & Sons of Wichita Falls, Texas, for the making and
construction of such improvements; said portions of avenue, streets and public places
being described as follows, to-wit:
Giddings Street: From South Property Line of Eleventh Street to North Property
Line of Avenue C, known and designated as Unit No 18
Eleventh Street: From West Property Line of Tyler Street to West Curb Line of
Giddings Street, known and designated as Unit No. 19;
Avenue C: From West Curb Line of Giddings Street to West Property Line of
Tyler Street, known and designated as Unit No. 20.
WHEREAS, estimates of the cost of the improvements in each such portion of
avenue, street and public place were prepared and filed and adopted and approved
by the governing body of the City, and a time and place were fixed for a hearing
to the owners of abutting property, and to all others in anywise interested, and
due and proper notice of the time and place and purpose of such hearing was given
and such hearing was had and held at the time and place fixed therefor, to-wit, on
the 8th day of July, 1963, in the Council Room of the Memorial Auditorium Building,
1300 Seventh Street in the City of Wichita Falls, Texas, and at said hearing the
following protests and objections were made, to-wit:
L. L. Chittum, Jr. , protested that his father was
financially unable to afford the paving, and that the
cost was more than the benefits to be derived therefrom.
Charles Henry Featherston XII spoke in favor of the paving,
and said Vae}�benefits� j �mAto the property,the and cement in
value thereof, was mach% greater than F�he cost.
Preston McCoy spoke in favor of the paving, and said the
benefits outweighed the cost.
Ralph Disk spoke in favor of the paving.
-1-
Said hearing was continued to the present time in order to more fully accom-
plish the purposes thereof, and all desiring to be heard were given full and fair
opportunity to be heard, and the Board of Aldermen of said City having fully con-
sidered all proper matters, is of the opinion that the said hearing should be
closed and assessments should be made as herein ordered; 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 protests 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 avenue, streets 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 units 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 benefits 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 assessment and charge made against the same by this ordinance,
and further finds that the apportionment of the cost of the improvements is in ac-
cordance with the law in force in this City and the proceedings of the City hereto-
fore had with reference to said improvements, and is in all respects valid and
regular.
III.
There shall be and is hereby levied and assessed against the parcels of property
hereinbelow mentioned, and against the real and true owners thereof (whether such
owners be correctly named herein or not), the sums of money below itemized and shown
opposite 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:
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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, his or her 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 re-
leased 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 (7%) per annum, together with reasonable attorneys' fees and costs of col-
lection, if incurred, are hereby declared to be and are made a lien upon the re-
spective 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 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 thereof
shall be and become due and payable as follows, to-wit: In five (5) equal install-
ments, due respectively on or before ten (10) days, One (1), Two (2), Three (3) and
Four (4) years from the completion and acceptance of the improvements in the unit
upon which the particular property abuts, and shall bear interest from the date of
such completion and acceptance at the rate of seven per cent (77) per annum, payable
annually with each installment, except as to installments maturing in less than one
year which shall be payable at the maturity of the installments so payable, so that
upon the completion and acceptance of the improvements in a particular unit, assess-
ments 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 de-
fault is made shall, at the option of the Contractor, J. F. Foster & Sons, or its
assigns, be and become immediately due and payable, and shall be collectible, to-
gether with reasonable attorneys' fees and costs of collection, if incurred.
VI.
If default shall be made in the payment of any assessment, collection thereon
shall be enforced either by the sale of property by the Assessor and Collector of
Taxes of said City as near as possible in the manner provided for the sale of prop-
erty for the nonpayment of ad valorem taxes, or, at the option of the said Contractor,
or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, and said City shall exercise all of its lawful powers to
aid in the enforcement and collection of said assessments.
-3-
A e,
VII.
The City of Wichita Falls, Texas shall not in any manner be liable for payment
of the sums hereby assessed against any property, or the owners thereof, but
J. F. Foster & Sons , or its assigns, shall look solely to such property and the
owners thereof for the payment of such assessments, but the City of Wichita Falls
shall exercise all of the lawful powers to aid in the enforcement and collection of
said liens and sums and personal obligations.
VIII.
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 therefor, and is less than the proportion of
the cost allowed and permitted by the law in force in the City.
IX,
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 shall be issued by the City of Wichita Falls, Texas upon completion and
acceptance by the City of the improvements in each unit of improvement 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 be payable to J. F. Foster & Sons, or
its assigns, and shall declare the said amounts, time and terms of payment, rate of
interest and the date of completion and acceptance 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 thereof, 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, or if the name of the owner be unknown,
then to so state will be sufficient, and no error or mistake in describing any prop-
erty, or in giving the name of the owner, shall invalidate or in anywise impair such
certificate, or the assessments levied.
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectible, with reasonable attorneys '
fees and costs of collection, if incurred, and shall provide substantially that the
amounts evidenced thereby may be paid to the Assessor and Collector of Taxes 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 Assessor and Collector
of Taxes shall deposit the sums so received by him forthwith with the City Treasurer
to be kept and held by him in a separate fund, hereby designated as J. F. Foster&
Sons STREET IMPROVEMENT FUND, and when any payment shall be made to the Assessor and
Collector of Taxes upon such certificate he shall, upon presentation to him of the
certificate by the Contractor, or other holder thereof, endorse said payment thereon,
and the Contractor, or other holder of such certificate, shall be entitled to receive
from the City Treasurer the amount paid upon presentation to him of such certificates
so endorsed and credited; and such endorsement and credit shall be the Treasurer's
Warrant for making such payment. Such payments by the Treasurer shall be receipted
for by 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
attorneys' fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that the proceedings with
reference to making the improvements to which the particular certificate relates,
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 owner or owners thereof have been performed, and
such recitals shall be prima facie evidence of all the matters recited in such
certificate, and no further proof thereof shall be required in any court.
-4-
rw
The 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 fourth
coupon, which coupons may be payable either to J. F. Foster & Sons, or its assigns,
or to the bearer, and may be signed with the facsimile signature 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
accordance with the above and other additional recitals pertinent or appropriate
thereto; 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 that portion of street, avenue or public place
adjacent to any premises exempt from the lien of such assessment shall not in any-
wise invalidate, affect 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 One
unit are in nowise related to or connected with the improvements in any other unit,
and in making assessments and in holding said hearing, the amounts assessed for
improvements in one unit have been in nowise affected by any fact in anywise con-
nected with the improvements or the assessments therefor in any other unit.
XIII.
The assessments herein 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, being shown as Chapter 106 of the Acts
of said Session, together with any and all amendments thereto, now shown 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.
XIV.
The present condition of said streets, avenue and public places endangers
public health and safety, and it is necessary that said improvements be proceeded
with while the weather will permit, and the construction of said improvements is
being delayed pending the taking effect of this ordinance, and such facts constitute
and create an emergency and an urgent public necessity requiring that the rules pro-
viding for ordinances to be read more than one time, or at more than one meeting,
be suspended, and that this ordinance be passed as and take effect as an emergency
measure, and shall be inforce and effect immediately from and after its passage.
PASSED AND APPROVED this2)✓ day of _ , 1963.
411, / '
`Aorr -
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
,41;/./6 ;40"=e-
4-i/ /
NOTICE
TO ALL OWNING OR CLAIMING ANY PROPERTY ABUTTING UPON THE HEREINAFTER DESCRIBED PORTIONS OF
STREETS, AVENUE, AND PUBLIC PLACE IN THE CITY OF WICHITA FALLS, TEXAS, AND TO ALL OWNING OR CLAIM-
ING ANY INTERESTS IN ANY SUCH PROPERTY:
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered
that each of the hereinafter described portions of Streets and Avenues 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:
Each of the hereinafter described portions of streets and avenues shall be further improved
by constructing thereon six-inch (6") concrete curbs and gutters; each of the hereinafter described
portions of streets and avenues, with the exception of Giddings Street, shall be further improved
by constructing thereon six-inch (6") Reinforced Concrete Valley Gutters; and each of the herein-
after described portions of streets and avenues shall be further improved by constructing thereon a
six-inch (6") Flexible Base Course with a one and one-half inch (1 1/2") Hot Mix Asphaltic Surface.
All of said portions of streets, avenues and public places shall be so improved, together
with storm sewers and drains and other necessary incidentals and appurtenances as and where shown
on the Plans and in strict accordance with the Plans and Specifications therefor now on file with
the City; and,
WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has caused the City
Engineer to prepare and file estimates of the cost of such improvements and estimates- of the amount
per front foot proposed to be assessed against abutting property and the owners thereof, and such
estimates have been examined and found to be in all things right and proper; therefore,
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
It is hereby found and determined that the cost of improvements on each portion of streets,
avenues and public places, with the amount or amounts per front foot proposed to be assessed for
such improvements against abutting property and the owners thereof on each such portion is as
follows, to-wit:
On Eleventh Street: From West Property Line Tyler Street to West Curb Line Giddings
Streets known and designated as Unit No. 19; the estimated cost of the improvements is $1,158049;
the estimated amount per front foot to be assessed against property which abutts and fronts on
said street and the owners of such property for curb and gutter is $1020; the estimated amount per
front foot to be assessed against property which abutts and fronts on said Street and the owners of
such property for improvements exclusive of curb and gutter is $2®735; total estimated amount per
front foot to be assessed against property which abutts and fronts on said Street and the owners
of such property is $30935; the estimated amount per front foot to be assessed against property
which abutts on said Street, but which fronts on some other street, and the owners of such pro-
perty for curb and gutter is $1020; the estimated amount per front foot to be assessed against pro-
perty which abutts on said Street, but which fronts on some other street and the owners of such
property for improvements exclusive of curb and gutter is $2.079; total estimated amount per front
foot to be assessed against property which abutts on said Street, but which fronts on some other
street, and the owners of such property is $30279,
On Giddings Street: From South Property Line Eleventh St., to North Property Line Avenue C,
known and designated as Unit No. 18; estimated cost of improvements-- is $5,284072; estimated amount
per front foot to be assessed against property which abutts and fronts on said Street and the
owners of such property for curb and gutter is $1.20, and for improvements exclusive of curb and
gutter- is $3®418; total estimated amount per front foot to be assessed against property which abutts
and fronts on said Street and the owners of such property is $4.618; the estimated amount per front
foot to be assessed against property which abutts on said street, but which fronts on some other
street, and the owners of such property is, for curb and gutter $1.20, for improvements 'exclusive
of curb and gutter $2,648; total estimated amount per front foot to be assessed against property
which abutts on said Street, but which fronts on some other street, and the owners of such pro-
perty is $30848®
- On Avenue C: From West Curb Line Giddings St, to West Property Line Tyler St®, known and
designated as Unit Nom 20; estimated cost of improvements is $1,171061; estimated amount per front
foot to be assessed against property which abutts and fronts on said Street and the owners of
such property is, for curb and gutter $1.20, for improvements exclusive of curb and gutter $3.767;
total estimated amount per front foot to be assessed against property which abutts and fronts on
said Street and the owners of such property is $4®967; the estimated amount per front foot to be
assessed against property which abutts on said street, but which fronts on some other street, and
the owners of such property, is, for curb and gutter $1020, for improvements exclusive of curb and
gutter $20939; total estimated amount per front foot to be assessed against property which abutts
on said Street, but which fronts on some other street, and the owners of such property is $4.139,
A hearing will be given and held by and before the Board of Aldermen of the City of
Wichita Falls, Texas, to all owning or claiming any property abutting on said portions of streets,
avenues and public places, as well as to all owning or claiming any interest in any such property.
Such hearing shall be given and held on the 8th day of July, 1963, at 7:30 P.M. in the City Council
Room of the Memorial Auditorium located at 1300 Seventh Street in the City of Wichita Falls, Texas,
and the City Clerk is hereby directed to give notice of the time and place of such hearing and of
other matters and facts in accordance with the terms and provisions of an act passed at the first
called session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the
Acts of said Session, now being shown as Article 110Sb of Vernon's Texas Civil Statutes Such
notice shall be by advertisement inserted at least three (3) times in a newspaper published in the
City of Wichita Falls, Texas, the first publication to be made at least ten (10) days before the
date of said hearing. Said notice shall comply with and be in accordance with the terms and pro-
visions of said act. The City Clerk is further directed to give personal notice of the time and
place of such hearing to all owning or claiming any property abutting said portions of streets,
avenues and public places, as well as to all owning or claiming any interest in any such property.
Such personal notice shall be given by the City Clerk, mailing said notice, postage prepaid, to
the respective owners of record of the properties to be assessed, and to any person owning or
claiming any interest in said properties to the last known address of said owners or persons. It
shall not be necessary for the City Clerk to mail said notice to any .owner or other person claim-
ing an interest in the property to be assessed when the address of such owner or other person is
unknown to the City Clerk and cannot be determined by the City Clerk after reasonable investigation,
In this connection, the City Clerk shall prepare and file with these proceedings a list of the
properties to be assessed, the names of the record owners of respective properties and the names of
those persons owning or claiming any interest in said properties to whom the notice was mailed,
together with the last known address of the respective owners and those persons owning or claiming
any interest in said property. The City Clerk shall certify that each of the persons named in said
list whose address was known to him, was mailed a copy of the notice of hearing and shall further
certify the date or dates on which said notice was mailed. A copy of the notice shall be attached
to such certificate. The certificate of the City Clerk shall be conclusive evidence of the facts
therein recited. Failure of the City Clerk to give the notice of hearing by mail as herein pro-
vided for, or failure of the owners or other persons interested to receive said notice, shall in no
wise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of
hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property
or any interest therein when said notice shall have been given by newspaper advertisement as first
herein-above provided.
Done by order of the Board of Aldermen of the City of Wichita Falls, Texas, 24th day of
June, 1963,
e ie
W. Bo Hicks, City Clerk, City of Wichita` Falls,
Texas.
APPROVED AS TO FORM:
„6/2f, r
H. Po Hodge, Jr Attorney