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Ord 1964 9/25/1961 ORDINANCE NO. ./ ll‘ ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTI ON OF BROAD AVENUE , FLOOD STREET, AND PUBLIC PLACES IN TEE CITY OF WICHITA FALLS , TEAS , 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 ASSIGN ABLE 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. The hereinafter described portion of Flood Street shall be further i40proved by constructing thereon six inch (6") reinforced concrete valley gutters. All 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 (11) inch 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 Co ' pang 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: BROAD AVENUE: From the end paving returns south side of 24th Street to the south property line of 25th Street, known and designated as Unit No. 3; FLOOD STREET: From the east property line of Bailey Avenue to the east curb line of Holland Street, known and designated as Unit No. 11; and, 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 ar/r place fixed therefor, to-wit, on the ,S° day of *. , 1961, in the Council Room' of the Memorial Audi tort vol 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 there- of, and all desiring to be heard were given full and fair oppor- tunity 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 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 objec- tions, whether herein enumerated or not, be, and the same are hereby, overruled. 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 av nue, streets and public places, and against the owners of such property, and that such assessments and charges are right 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 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 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 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: 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 pro- portion 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 suns above mentioned and assessed aginst the 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, are hereby declared to be and are made a lien upon the respective par- cels of property against which the same are assessed, and a per- sonal 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. -2- 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 installments, due respectively on or before ten (10) days, One (l) , Two (2) 9 Three (3) and Four (4) years from the completion and acceptance of thee 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 (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 of the improvements in a particular unit, assessments against the pro erty 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, how- ever, gnat any owner shall have the right to pay the entire assess- ment, or any installment thereof, before maturity, by payment of principal and accursed interest, and provided further, that if 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 & Sons Construction Company, or its assigns, be and become innediately due and pay- able, and shall be collectible, together 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 ;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 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 enforce- ment and collection of said assessments. DTI I. 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 Construe- tion Co. , or its assigns, shall look solely to such property and the owners thereof for the payment of such assessments, but the .: T,. of its lawful powers to City of Wichita Falls shall exercise all �. p 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. For the purpose of evidencing the several sums assessed against the respective parcels of abutting property, and the owners thereof 9 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, which certificates shall, be executed by the City Manager 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 Construction Co. , 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 des- cription 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 property, 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 collec- tion, 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 Construction Co. STREET IMFROVENENT FUND, and when any pays:aent 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 t ► receive from the City Treasurer the amount paid upon presenta- tion 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 aiithe assessment lien against the property described in such certificate and the personal liability of the owner or owner„ 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 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 appro- 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 place adjacent 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. Full power to make and levy reassessments and to correct mistakes, errors, invalidities, or irregularities, either 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. 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. X17C 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 ether 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 the improvements or the assessments therefor in any other unit. 7TT 1r. 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 providing for ordirlances to be read more than one time, ` or at more than one meeting, be sus- pended, and that this ordinance be passed as and take effect as an emergency measure, and shall be in force and effect immediately from and after its passage. PASSED AND APPROVED this ,3, day of .., L4.2 L,..;.,___,9 1961. )°' e/ or Mayor, . ' of Jichita Falls ,Texas ATTEST: A. h. Fi ts, City Clerk APPROVED AS TO FORM: H. P. Hodge, Jr. , City Attorney _5_