Ord 1946 4/24/1961 e
ORDINANCE NO.',.1'94
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING A PORTION OF CALIFORNIA
AVENUE 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 AVENUE, 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 avenue, streets and public
places in the City of Wichita Falls, Texas be improved by raising,
grading and filling same and by constructing, thereon combined
concrete curbs and gutters on proper grade and line where same
are not already so constructed, and by further constructing thereon
the improvements hereinafter specified, to wit:
The hereinafter described portions of California Avenue
and Vermont Street, shall be further improved by constructing
thereon a 7 inch Flexible Base Course, with a 1% inch Hot Mix
Asphaltic Surface.
That portion of the hereinafter described portion of
Sherman Road which lies in and between the south line of York
Avenue and a point 50 feet south of the south line of Alabama
Avenue, shall be further improved by constructing thereon a 5
inch Reinforced Concrete Pavement, and the remaining portion of
that portion of Sherman Road which lies in and between a point
which is 50 feet south of the south line of Alabama Avenue and
the north line of the Wichita Valley Railway Company right-of-away,
shall be further improved by constructing thereon a 6 inch
Flexible Base Course with a 1% inch Hot Mix Asphaltic Surface.
Each of the hereinafter described portions of Bonner
Street and Flood Street shall be further improved by constructing
thereon a 6 inch Flexible Base Course with a 12 inch Hot Mix
Asphaltic Surface.
All of said portions of streets, avenue 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 Spec-
ifications therefor now on file with the City; and contract has
been made and entered into with R. 0. Green Construction Co. 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:
CALIFORNIA AVENUE: from a point 27 feet south of the
south property line of Galveston Street to a point 15 feet north
of the south property line of Chester Street, known and designated
as Unit No. 1;
1
VERMONT STREET: from a point 228 feet south of the south
property line of North Tenth Street northward to a point 4.5 feet
south of the main track of the Fort Worth and Denver Railroad,
known and designated as Unit No. 2;
SHERMAN ROAD: from the south property line of York Street
to the north property line of the Fort Worthh. and Denver Railroad,
known and designated as Unit No. 3;
BONNER STREET: from a point 7.5 feet east of the east
property line of Cleveland Avenue to the west edge of the existing
paving on Rosewood Avenue, known and designated as Unit No, 4;
FLOOD STREET: from the east edge of the pavement on
Rosewood Avenue to the east property line of Bailey Avenue,
known and designated as Unit No„ 25;
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 was fixed for a hearing to the owners of
abutting property, and to all others in anywise interested, and
proper place purpose of such
due and ro er notice of the time and lace and
hearing was given and such hearing was had and held at the time
and place fixed therefor, to wit, on the -241thdaY of Aprilp
1961, in the Council Room of the Memorial Auditorium Bldg,
in the City of Wichita Falls,
Texas, and at said hearing the following protests and objections
were made, to wit: 1 ?NE.
protested that
protested that
protested that
- 2
protested that
protested that
protested that
protested that
protested that
protested that
_ 3 -
r
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 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
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:
- 4 -
I
•
If
( W 0 td c) tx-i r• >1 a i-3 r- >
2�_a
CD a I3 b .I M 4 0 c..' g n .o .
• d►�e . . ;r. 1
W I j CD ® C2 q �� 4; ¢4 +
j <
4I ' 0 ) l H a H 41
�
H a.a. El "D ri H ;ms i, ,
( Le.
i-4 Cn 1, r CD W Q • 7 •J Da 0 • M ta• co d1 o 0 V O d
w. z = G)
cp 0 - f1 �'
H
Ft C 3 _ U
Pa
•rl (I)
11 w
^I Z
ert a
H X ,_i 0 -.7 r_
VI -
•�
b � v�
r
'n --' o • yo o --4 c, k_rt -L i H
H 1 F-y-a= to
1_J —
r
1 w
H H . H N v N.) v N w w ' w w tj
n
A
�� � 1
P a7 nn
pm u• ro u. gew . .J, gu. {'J• • J. ;J. v. 1J• t■• 1 J.
4 4 4 - 4 .4 4 -i
W. r. Via. P. H. „I., J. 1. . . 9 }D®m,. H. . • H
CD (D CD CD CD r ;D ID 0 I• i T (D CD i-, a D D g
v
, a
z 0 . e
II
.r *4 I.
x
PI
® 11
e . Ct c+ Ct' Ct c 1 i d
VI, �Fl �e31 Z Sl sZ V t Z
O 0 0 0 0 • -.] W ® j r,
f ;
t N 'r
k.0 Lo u 1J l:,a a \�,s W a
I
N N . ' ^, '�)) N N 'IN.) \) N -F°' en a
0 • • 0 0 0) 0 0 q 0 • 0 • 0 ;r 0 a 1
r°' H l,0 I—, -.J N H ! H , _ $-+ H Z Z
o a '3,.. ON ON -J co •o tT • ^ • T • C7, s
0 • • 0 0 N 0 V -) 0 • 0 0 ,p 0 o •1
CD • • 0 0 ON 0 -= 0 • 0 °� • q • D
Cp • • 0 0 0 0 0 0 0 • q • 0 0 • A. r m
u� - r
P1 m
O 0 • * 0 0 0 0 0 0 • 0 0 ■ 0 w • z C
co
. D
fi-
q • • q q q CD 0 0 0 • O 0 q q g C N
0 • q q 0 0 0 0 0 0 0 0 q -t Z p
0 • 0 0 q G 0 0 0 0 0 0 0 0 `q ®j PI
f►7
r
I a •C- 0 N 0 ) _J 0 , 0 ,- 0 i. 0 a 0
. . . . . . • . . •
p• • 0 q J 0 0 r 0 10 0 40 {
I-
• r, • s p • 0 • •
0 m
M 4 kr hi 'ev t:5' 1-'i =1. 9 v y rr a 3
• s. • • 0 '? . p4�d . 6.3 ' 0 F'A I/.N• t y 0 1'1• Iwo 0 ' W 41 • 0 • CO H 0 <
CD ! 0 it) 0 0 Q ► 0 ' • 0 r®i
!' r0 ro IT 0 CD i CD li • 00 ❑ I Z
0 • i. r °1 s. • CD _ �q
• A c • „ 0 z 6i!
N
M 6, ..0 (n
r
11
r rn
z
,.r • (J)
417 r ►t
0 •
.. {� '',1 thl•
III
rsi
0
11
0
w
;
H H 0 actl
z 0
ct
Ili
P t. t k A Iir t go t k; 4 (t i ID :>
CD r to s o, 7 ,r ,s ) t'D N > r > tD
4
0
-1
a
z 0 •
•
P1
Z
t I sJ p• 'it °� o�
r• Ii' it • 0 n► 0 • r ut 0' z
0
0 • • . • ,� rr ys ;,r1
ler
/.,
J
XI
> •
-i W
0 w 0 0 • � • , ® 0 m
p a r 0
1
ob
• t)
0
• so , , r : m� , 6
:..,. ii.,, r in
�
' �'I
to
to
N
ili
m
M l • "k ®
n : pi
ru
w
p
IIIIIIIIIIIIIIIIIIIIIIIIII JiLiiiiiJiL r •, z z
• liiiii . 0 031, . lit, ,0 0311„, 111311 jii
pi
-.1
'II!,Ii,iiti,,' r r
10 ,•
0 t'ij [)
0 * • 0 0 0 0 k w ;• A ,w r 0 0 Lia
•
-o
I . e -3
rri
r tC , 3 0 ma
tri
to
H i t• • a s ' "I "<
[ • -1
q.
�w
� /q q
E5 mi is "' D 13 D 1a i 0
', r Z =
r m
�.�
o = U
'°
ii mr• -I CO
11 rri
-n U) rn
zi
x
2
1IiiIII 1 ® - hi
N
.
cis
111111111111111-, 111111
x 60
• ct-
• CD
CD
et•i
j('' ! •j 109 $°` i ! 4ti 5.., ! I I-Li is i4',
• I -s 1 1 S f 1 il
a ' , 'a Ti 4
P.
a) ,r ,• , or D D D D D ..4 01 :D , D
o •i s
Z 0 ■0
_I is
Z ,
In•I 2 • s • • r • • b -I�
■ M r •
Ct Dm
{ m
I J Z
0 • • • • • • a • • )
II
-i
111111111
p• • A
•
I- Z
, r z Z 1 • • • • • • � ' ®
1 g MSc) • 0 MEW 0 •
islii® ' m
r m
p • 0, •� U)pi
o • Ma , „, • , , -ri
iv IN..) I . I I • ) V ') y
a 1 1 0,1 �, \.�1 1 )1 1-1 tr-1
9 • • O • D .., • ,• 0 • 0 $
I
11
•
1
j
:,• 1-to o e • • f po Life • • •. • '=J. p<p��
L., • p1
C H M V - M r- t • 3 n .1
• FJ• • • • • 'D e..4 • . • • r • m r
2 - r
et "1
0 W � H c O H r °0' 0
r—o P. CD Fi oloa
ct• • ct O
CD -
P
•
.� P., >
et cr 1'"
CR1 11 In m
(p
0 -4 Z
t
x
w ta N
NO H w H • m ON V -� � --t La N H H o :�
-el •�j 0 -t --f
U)
V'i VI
0
W co
N N iv N W La La `., w N N 0 ci-
-31 n CD
A Cp
et
3� • o • 0 0 C3 1. I a' a, 41 o
z ,i •.
I o
1-3 H �-3 y -3 a-3 -
• a o 0 o • 0 3 o o -1
Q� ,
v 1 0 �z ® gym5
A CO , CO CO CO CO a .0 CO Co = a
s
m
id
is I It 3 0
Li xi
i a 0 �• 0 r r 0 0 e;
t• ct ct CF ci- - I 0 �iy
ni
,..o z
k,
, w w La La
%i r ro v v v ro Iv v v v v v v m ••
et • 0 0 0 0 0 0 • • 0 0
D) . 0 O 0 0 0 0 • 0 O n
(f.:, ill
ti H H H ' H H -r H --, I-1 Z Z
tal ON • a ON 0 . ON ON 0' as • c,, 0-"N n G) M G'
o O 51, CD 114, O CO 0 0 0 • 0 0 0 o 7
`U ! . . • y • • r , m. 1 0 Z
CO J • 0 • 0 -4 0 0 O • 0 • 0 0 N N r m
-s 0 s 0 GD p O O ♦ C) • O 0 Ul
c- ,
�.I m
o LTi Vl V1, a kit V-1 UZ 471 'Z `r i Z C® m
0 • 0 • 0 0 0 0 ♦ 0 • 0 0 •n
CD '71 D
.3-
CO Val 4• VI V \ O H
O ,• a . o • 0 0 0 5 0 • C) O n - _ ,
O 0 0 0 0 0 0 r 0 • O 0 ;i m
m
0 Z
-i
H N N N 1) -- La N N N I N �'��j) N r
O H H H H Iv O H h-' H H .i H
N VI VI Vi '..Ti. -- VI Vi Vi VI V'1 Vi VI 0 .F.
0 0 O 0 a) -i 0 a 0 IP. 0 . 0 0 CA
H 0 • 0 0 0 0 La 0 0 0 , ■ 0
I
1
i r ii <
_, 11
3 m n `0
. z -1 >
i I VI - <
• k i
A m X
1, X CO
�
i le
I! >
r
in III , II co in
Z
, r
• o •:
•
rri .4
co
1
I Ell
.7J OP 4 f • ®, .�
n •
X
• ,• •✓ °• ;• • ••
is `. • ip It
o I) °b 13 • O.
et
P • • ,r 4 • • w�
H • • ,• ,r • • > ct
• • • • 1•. • . ® r 1-4
15 i
R 4) V '� ■0 i 4) Z Q
� a ®
M. • • • s'
-t x
• • • u +r 0 -iv
•
i I """��� • Dm
F•
PI
III ®_ t:
1N4
r 11
.
D .p
11111111_IiiiiII
.0
z z
nalefre ire III * lei r rn
® 0 ® zr'
IR__IRUIIiIIi® m r m
m
�" ► ? c®
-1 co
_1 , ,
:: .: ,„,„ :,,,, 0 :i. ii,s, -I zil ::1,Nil_Ill_lN11111 . m
.-3- r
HI 111111 0 Z ill
Vt.
' I 4f let
r
1
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 prop-
erty 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 (7%) per annum, together
with reasonable attorneys ' 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 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 installments, 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 (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 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 the Contractor, R. 0. Green
Construction Co. or its assigns, be and become immediately due
and payable, 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 thereof 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
- 5
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.
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 R. 0. Green Construction 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 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 there f a i nable certif-
g� )14 l-
icates shall be issued by the City of '. 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 R. 0.
Green 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
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 Fall;, 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
6
in a separate fund, hereby designated as R. O. GREEN CONSTRUCTION CO.
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 certif-
icate 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 R. O. Green Construction Co.,
or its assigns, or to the bearer, and 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 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 anywise 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,
7
A
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 connected 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 providing 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 in force and effect immediately
from and after its passage.
PASSED AND APPROVED This 24 day of Ail 1961,
1 ,
Mayor,' , of Wichita Far , exas.
ATTEST:
4,„ ,
City Clerk
APPROVED AS TO FORM:
City Attorney.
8