Ord 1977 2/12/1962 ORDINANCE NO, 1
ORDINANCE CLOSING` HEARING AND LEVYING ASSESSMENTS FOR PART OF THE
COST OF IMPROVING A PORTION OF TYLER STREET, AND PUBLIC PLACES IN
THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST
PROPERTIES ABUTTING ON SAI D 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 herein`-
after 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 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 shall be further im-
proved by constructing thereon six inch (6" ) Reinforced 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 (12" ) 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 Specifi-
cations therefor now on file with the City; and contract has been
made and entered into with J. F. Foster & Sons Construction Com
pany 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:
On Tyler Street: From the South property 'line of Avenue B
to the North curb line of Avenue C, known and designated as Unit
No. 21;
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 r e time
and place fixed therefor, to-wit, on the day of
, '1962, in the Council Room of e error al . . . orium
Building, 1300 Seventh Street in the City of Wichita Falls, Texas ,
and at said hearing the following protests and objections were made,
to-wit: NONE, 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 said City having fully considered 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 PALLS, TEXAS, THAT:
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I.
said nearing be, and the .same is hereby, closed and the sai€
pretests and Objections , and any and all other protests and ob,yec-
tions, 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 respec-
tive owners of the respective properties, and between all parties
concerned, considering the benefits received and burdens imposd,
and further finds that in each case t he 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 parti-
cular 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 accordance
with the law in force in this City and the proceedings of the City
heretofore had with reference to said improve-Lents, and is in all
respects valid and regular.
III.
There shall be and is hereby levied and assessed against t.,
:e
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:
Iv.
of here more than one person, firm or corporation owns an
interest in any property above deecri beck, 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 pro-
portion as its, his or her respective interest bears to the total.
ownership of such property, and its, t is or her respective into ree .
in such property may be released from the assessment 'lied upo
pa rent of such proportionate sum.
V.
The several sums above mentioned and assessed aginst lexea said
parcels of property, and the owners thereof, and interest thereon
at the rate of seven per cent (7%) per annum, together with reason-
able attorneys ' fees and costs of collection, if incurred, a:a
hereby declared to be and are made a lien upon the respective par-
cels of property against which the :amme are assessed, and a per-
sona l liability and charge against the real and true owners of suc
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 lc vied, [Inc:
shall be a first and paramount lien thereon, superior to all oth.:;.;:
liens and claims, except State, County, ,c ool District and y
ad valorem taxes.
6 Y4
?he sums so assessed against the abutting pi: oper may,
ow ne s thereof shall be and become due and payable as follows ;
s;
to-wit: in five (5) equal instalments , due res'lectively DE. O
before ten (10) Nays, One (1) , Two (2) , Three (3) and Four (4)
Years a ror tae cor_npletion and acceptance of the ir.:p�rove ents in
the unit upon which the particular property abuts, u and shall bear
interest fro : the date of such completion anj acceptance at the
rate of seven per cent (7%) 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 .c;f
improvements in a particular unit, assessr eats against the Prep-
er ter abutting upon such completed and accepted unit shall be
and become due and payable , in such instailDents, and with is lJeL o ni,
fro the date of such completion and acceptance; provided,
ever, that any owner shall have the right to pay the entire assess-
ment, or any installment thereof, before maturity, by payment of
principal and accur e d interest, and provided further, that 11
default shall be made in the payment of any installment of Prin-
cipal 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 the `'Contractor, J. F. Foster St Sons Construction
Company, or its assigns, be and become immediately due and pay-
able, and shall be collectible, together with reasonable attorneys '
foes and costs of collection, if incurred.
VI.
IL default shall be made in the payment of any a 9scs,a-eat,
collection thereon shall be enforced either by the sale of prop-
erty by the Assessor and Collector of Taxes of said City as near
as possible in the manner provided for the sale of `property; for
the nonpayment of ad valorem tale;, 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 onfo :•eo-
m.ent and collection of said assessments.
Ill.
The City of `:fie ita pails, 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 & son Construe-
tion Co. , 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 its 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 loss than the :Proportion of the
cost allowed and permitted by the law in force in the City.
TT.
For the purpose of evidencing the several summa 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 'certificates
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,
:rhich certificates shall be executed by the City haunager in Wine
of the City and attested by the City Clerk wit:�� the corporate
'fffJ** }^ gyp ,t��N y and � be the 1
se el o i' YJ o City impressed thereon, and shall be payable-p to J . F.
Sons str/� assigns, and s9'.all declare
��L^+,�'. � C4t3.., x,_ LEC"tiogw Co. , or its a'.n�3.�;+iAp q C�.a'�
sa d amouY ts, time 3 a ter s of payment 2 rate oS
01,io'" an c., oc ei,t o te:� ia_..k e
i.l.`..�.�.�i1.: l?� se :.?T ,S. L�. i.1,..iw, t:.�aF.'� }• �, "F.t �v�r.,. Pa
flit;''-: ,property for the certificate is ;issued, and.:. shall
% a
contain the naae of the owner or owners, if known, iescription
of the property by lot and block number, or front feet thereof,
ea suca other description as may otherwise identify the same ; and
,ae eaad property shall be owned by an estate , then the des-
cription of same as oo owned hal/ be sufficient, or if tto
nauo of the owner be unknown, then to so state will be sufficient,
aad no error or mistake in describing any property, or in giving
the name of the owner, shall invalidate or in anywise impair
sue certificate, or the assessments levied.
The certificates ohall provide oubstantially that if same
stall not be 'eaid promptly upon maturity, then they shall be
collectible, with reasonable attorneys , fees and costs of collec-
tion if incurred, and shall provide substantially that the amouuts
evidenced thereby ay be paid to the Assesoor and Collector of
Taxes of the City of 7ichita Falls, Texas, who shall issue is
receipt therefor, which shall be evidence of such payueut on any
demand for the same, and the Assesoor and Collector of Taxes
Shall deposit the SUDS 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 Construction Co. STET
IMIA:,OVENENT 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
tb receive from the City Treasurer the amount paid upon presenta-
ton to him of such certificates so endorsed and credited; and such
endorsement and credit shall be the Treasurer ' s Warrant for makin,a
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 maid 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 fining of the assessment lien against the property deseried
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 certifi-
cate, and no further proof thereof shall be required in any court.
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 Con-
struction Co. , or its assigns, or to the bearer, and may be sigmod
with the facsimile signature of the Mayor and City Clerk.
Said certificates shall further recite that the City of
-Jichita 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 appao-
priate 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 lace am
to any premises exempt from the lien of such assessment shall
not in anywise invalidate, affect or impair the lien of such
assessments upon other premises.
a.
Full power to make and levy reassessments and- to correct
mistakes, error,' lavalidities or 4r-0n1,7s-, aj4;aaf in the
-4-
assessments or in the certificates issued in evidence thereof,
is, in accordance with the law in force in this City, vested
in the City.
Xl.
All assessments levied are a personal liability and charge
against t he real and true owners of the premises described,
notwithstanding such owners may not be named, or may be incorrectly
named.
T r
'.
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 connected with t e improvements or the assessments
therefor in any other unit.
1TIII •
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 Teas Civil Statutes, which
has been made a part of the Charter of the City of Wichita Falls,
Texas .
1X_u:V
he 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 providing for ordinances to
be read more than one time , or at more than one meeting, be sus-
pended, and that this ordinance 'be massed as and take effect as
an emergency measure, and shall be in force and effect immediately
from and after its passage .
PASS 7,D AND A� P,.0V D this !' - day o : - ; C c.<_AAe"'' " , 1962.
i, ii_._
Eayor
ATTEST: -
AK
City Clerk
AFPaOVED AS TO FO1.1X
, itillp - e dip
/i... . r Hodge, Jr,