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Ord 1874 11/23/1959/ 9' 7c/ ORDINANCE N0. J 3 *7�f AN ORDINANCE CLOSING THE DARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON GRACE STREET IN THE CITY OF WICVTTA FALLS TEXAS, WITHIN THE LIMITS THEREIN DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE -V0 SAID PROPERTIES AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF SAID STREET WITHIN SAID LIMITS, AND AS TO ANY ERRORS, INVALIDITIES OR IRREGULt1RITIES IN ANY OF TIIE PROCEEDINGS OR CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED= FINDING & D DETERIVIIhING THAT EACH AND EVERY PARCEL OF PROPERTY ABU`.J'TING UPON SAID STREET WITHIN THE LIMITS DEFINED WILL BE SPECIALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF THE AMOUNT OF THE COST OF SAID IM- PROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND LEVYING AND ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMI`1'S DEFINED, FIXING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THEREOF, PROVIDING FOR THE ISSUANCE OF ASSIGN- ABLE CERTIFIC;A`l'ES UPON THE COMPLETION AND ACCEPTANCE OF SAID WORK, `:THE MANNER AND TIME OF PAYMENT THEREOF, AND PROVIDING FOR THE MANNER AND METHOD OF COLLECTION OF SAID ASSESSMENTS AND CERTIFICATES; DECLARING AN EMERGENCY, AND PROVIDING THAT TIKIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY UPON lib PASSAGE. BE IT ORDAINED BY THE BOARD OF ALuERMEN OF THE CITY OF WICHITA FALLS, TEXAS: 5EC`l'IUN 1. The Board of Aldermen of the City of Wichita Falls, Texas, finds; (a) That the Board of ,'Aldermen of the City of Wichita Falls, Texas, has heretofore by resolution duly enacted on the 27th day of July, 1959, determined the necessity for, and ordered the im- provement of portions of Grace Street in the City of Wichita Falls, Texas, within the limits therein defined, and in the manner and according to the plans and specifications therefor, which plans and specifications have her* - tofore be *n approved and adopted by said Board of Aldermen; (b) That a Notice duly executed in the name of the City of hUichita Falls, 'Texas, of the enactment of said above described resolution has heretofore been filed with the County Clerk of Wic- hita County, `.Texas, the County in which said City of Wichita Falls is situa- ted; (c) That the Board of Aldermen of the City of Wichita Falls, Texas, after having advertised for bids in the manner as required by law and by the Charter of said laity, did award the contract for the construction of said improvements to R. U. Green Construction Company, upon its lowest and best bid therefor, and said contract has been executed by R. U. Green Construction Company and by the City of Wichita Falls; and the performance bond required by law and by said contract has been properly fur- nished by the said R. 0. Green Construction Company. (d) 'That the Board of Aldermen caused the Director of Public Works to prepare and file estimates of the costs of such improvements and estimates of the amount per front foot proposed to be ass- essed against the property abutting each of said streets within the limits de= fined therein, and against the real and true owners thereof; (e) That upon the filing of said estimates the Board of Alaermenaid by ordinance duly enacted on October 2e, 1959, provide for and order a hearing to be held at 7;30 o'clock P.M., on -tile 9th day of I,Iovember, 1959, in the City Council Room of the Municipal Auditorium in Wichita Falls, 'Texas, at which time and place all persons, firms, corporations and estates owning or claiming any such abutting proper- ty, or any interest therein, and their agents ana attorneys, and all other persons interested therein, were to appear and be heard in person or by attorney; saia ordinance directed that due notice of such hearing be given in the manner required by law; t - -1 -- (f) That after due publication of notice as required oy law, and on the 9th day of November, 1959, said hear- ing was opened and held in accordance with said ordinance and notice, at which time and place an opportunity was given to all of the above mentioned parties, their agents and attorneys to be heard and to offer evidence as to all matters in accordance with said ordinance and notice, at which time various persons appeared and testified and at the conclusion of such hearing the T :layor ordered that the hearing was closed and directed the City Attorney to prepare an ordinance incorporating the findings of the Board of Aldermen when made. (g) That at said hearing no protests, objections or testi- mony were offered as to said improvements, the contracts or assessments therefor, or asto any of the proceedings in reference thereto except as hereinabove set out; that the Board of ,Aldermen has heard all par- ties who appeared and desired to testify, object or protest as to the special benefits in enhanced value to accrue to said abutting properties and the real and true owners thereof as compared with the portion of the cost of con- structing said improvements proposed to be assessed against said abutting properties, and has heard all parties appearing and offering testimony, to- gether with all objections and protests relative to such matters and relative to any errors, invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a full and fair hearing to all parties making or desiring to make any such protest or objection or to offer testimony, and has fully examined and considered all of said evidence, matters, testimony and objections offerea. (h) That said -board of Aldermen did consider and correct all errors, invalidities or deficiencies called to its attention and aid find that all proceedings and contracts were proper and in accordance with the laws under which same are being had and with the directives of said Hoard of .Aldermen in reference to such improvements, ana that all of same are in ail respects valid and regular. (1) That used on the evidence, matters, testimony and ob- jections considered at such hearing the said .6oara of .Aldermen has determined that tiie properties, and each una every portion of such abutting property upon the streets and Units as hereinafter set out, will be enhanced in value and specially benefitted by the construction of such improvements in an amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of said portions of property, or properties, abutting ur)on said streets, and the real and true owners thereof. (j) That said Board of Aldermen is of the opinion and finds, that the Front Foot flan of Rule, if uniformly applied would result in injustices and inequities between different parcels of pro- perty withinthe same Unit; and the Board of Aldermen has determined to appor- tion and assess the cost in a different manner in such proportinns as it deems and finds to be just and equitable, having in view the special benefits in enhanced value of the properties and the equities of the owners and the said Board of Aldermen has adjusted assessments against corner properties so as to produce a substantial equality of benefits received and burdens imposed; and the Roard of .Aldermen has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the real and true owners thereof are just and equit- able, and all objections and protests should be overruled and denied. That said Roard of Aldermen has adopterl the ule of apportionment and division of the costs of said improve- ments between said abutting properties and the real and true owners thereon herein set forth and has found the same to be just and equitable and to pro- duce substantial equality considering the benefits to be received and the burdens imposed thereby; and said Roard of Aldermen has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the real and true owners - -L -- thereof are just and equitable, and that all objections and protests should be overruled and denied. SECTION 2. There being no further protests or testimony for or against or in reference to said improvements, benefits or proceed- ings, said hearing granted to the real and true owners of properties abutting upon said stress or Units within the limits herein defined, and to all per- sons, firms, corporations and estates, owning or claiming same or any inter- est therein, shall be, and the same is hereby closed, and all protests and objections whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. The Board of Aldermen hereby finds and determines upon the evidence heard in reference to each and every parcel or portion of property abutting upon the streets and Units hereinafter set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction of said improvements in said portions of said streets, will be in excess of the amount of $he costs of said improvements proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments here - inbelow made are just and equitable and produce substantial equality, con- sidering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of the City of Wichita Falls, Texas; and further finds that all proceedings and contracts heretofore had with reference to said improvements are in all respects regu- lar, proper and valid, and that all prerequisites to the fixing of the ass- essment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or nct, have been in all things regularly had and performed in compliance with the law and the proceedings of said Board of Aldermen. SECTION 4. In pursuance of said Resolution duly enacted by the Board of Aldermen on the 2 %th day of July, 1959, authorizing and ordering the improvement of said street and Units, including the said portions of streets and Units hereinbelow set out, which resolution was passed, as aforesaid on the above date, and in pursuance of said proceedings heretofore had and enacted by the ;Board of Aldermen in reference to said improvements and by virtue of the powers vested in said City with respect to said street improvements by the laws of the State of Texas, with reference particularly to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, known and shown as Article 1105 -b Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 120a of the Charter of the City of Wichita Falls, as amended, there shall be, and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon the said streets and Units hereinafter set out and within the limits below defined and against the real and true owners of such property whether such real and true owners be named, or correctly named, or said pro ties be correctly described here- in or not, the several sums of money here `T mentioned and itemized opposite the description of the respectiv s of said property, the aescription of such property, the number o � feet of each, and the several amounts assessed against the same and the real and true owners there- of (and where the amount so assessed against the corner properties has been computed by adjusting the frontage, such amount so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of frontage used as ��r adjusted basis for the assessment), and the names of the apparent owngt'�� ' sof, all as correct- ed and adjusted by said Board of Aldermen, being a�`� 8, to wit: FRONT FOOT MULE OR -PLAN------------------------------- �0. -------------------- UKhCE &2REET FROM THE SOUTH P.,WPERTY LIINE OF TEhT_H STREET, 'TU THE NORTH ri�Oi-,ER'TY LINE OF ELE VE1�'.zh bTi' EE'T iii 'T AE CITY OF lv IC;IHITA FALLS, 'v'!U; .Li'TX UYJIVER i,U "i5 ',3LU�;tt XllJ�l'1'lUi� l;Ub'1'S l;azareth (;hurch 3Y 2b2 'Thompson Subdivision of blk. 2b2, Orig. Tw. Vb9.8b �.Y. Langford, Jr. l Lb2 'Thompson bubaivision of dik. 252, Orig. Tw. bite 9b2.00 J.�. Sentley lU 2ob vulley & James bubd. of blk. LbS, Urig '1w. bite 976.8U Fred X. otephenson li 26b Uulley &- James bubd. of rdlk. 205, OricX. 41.'w. Site 97b.60 OEUTION 5. The assessments levied in Liection 4 above are for a portion of the costs of said improvements in the streets and Units therein set out which are included in said resolution enacted on the 67th day of July, iJO9, ana the assessments for the improvements or assessments in any other of the streets or Units described in said resolution; ana in levying said assessments the amount so assessed for the improvements in said Units have _oeen in nowise affected by any fact or thing in any way connected with the improvements or the assessments therefor in any other of said Units. The omission of the improvements in any of said streets or Units as a whole shall be in nowise affect nor impair the validity of the assessments in any other of said Units and the omission of the improvements in any particular street or Unit in front of any parcel or portion of property exempt from the lien of such assessments, or against which a valid property assessment can- not be levied, shall in nowise affect nor impair the validity of the assess- ments against the other properties in such Unit. SECTION 6. The several sums mentioned above in Section 4 hereof, assessed against said parcels or portions of abutting pro- perty, or properties, and the real and true owner or owners thereof, whether said owners be named or correctly named, or said properties be correctly described herein or not, together with interest thereon at the rate of six (61.) per annum and with reasonable attorney's fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective parcels of property against which same are assessed from and after the date said improvements were ordered by said Board of Aldermen, and a personal liability and charge against the real and true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior to all other liens, claims or titles except for lawful ad valorem taxes; and that the sums so assessed shall be payable to R. 0. Green Construction Company, or its successors and assigns, as follows: In six (6) equal annual installments due respectively thirty (30) days, one (1), Two (2), three (3), four (4), five (5), and six (6) years from date of acceptance by the City of such improvement; deferred payments to bear interest from such date at the rate of (6 %) per cent per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the completion and accep- tance by said Board of Aldermen of the improvements in any Unit or portion of streets above defined, the assessments against the property abutting upon such completed and accepted Unit shall be and become due and payable in installments and with interest as above provided; however, any owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof before maturity by pa3dng principal and accrued interest to date of said payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, at the option of said R. 0. Green Construction Company, or its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and ex- penses of collection, if incurred. SECTION 7. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property, and the real and true owner or owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the City of llich.ita Falls, Texas, to R. 0. Green Construction Company, upon the completion and acceptance of said improve- ments by the T4layor in the name of the City of Ilichita Falls, attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest there- on, the date of the completion and the acceptance of the improvements for which the certificate is issued, and shall be retained upon same the names of the apparent owner or owners as accurately as possible, and the descrip -- tion of the property assessed by lot and block number or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the .fact shall be sufficient, and no error or mistake in describing any such propertyor in giving the name of any owner or owners, or otherwise, shall in anywise in- validate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificate shall further provid? substantially that if default shall be made in the payment of any install- ment of principal or interest when due, then at the option of R. 0. Green Construction Company, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior to all other liens, tithes and charges, except for lawful ad valorem taxes, from and after the date said improvements were ordered by said Board of Aldermen, and shall provide in effect, that if default shall be made in the pay- ment thereof, the same may be enforced, at the option of R. 0. Green Cons- truction Company, or its assigns, either by the sale of the property therein described in the mannerprovided for collection of as valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificate shall further recite in effect that all the proceedings with reference to making said improvements have been regularly had in compliance with the law in force in said City of Wichita Falls, Texas, and proceedings of the Board of Aldermen of said City, and that.all prerequisites to the fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and per- formed, which recitals shall be evidence of all the matters and facts so recited, 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, which may oe signed with the facsimile signatures of the Mayor and City Clerk. Said certificates shall further provide in effect that the City of Wichita Falls, Texas, shall exercise all of its lawful powers, when requested so to do by the holder of said certificates, to aid in the enforcement and collection thereof, and said certificates may con- tain other and further recitals pertinent ana appropriate thereto. It shall not pe necessary that said certificates shall be in the exact form as above set forth. SECTION 8. Ail such assessments levied are, and shall be, a personal liability and charge against the respective real and true owner or owners of said abutting properties, notwithstanding such owner or owners may not pe named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other matter or thing shall not in anywise inval- idate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error, invalidity or irregularity, whether in such ass- essment or in the certificates issued in evidence thereof, may be, but is not required to be, in order to be enforceable, corrected at any time by the Board of Aldermen of the City of Wichita Fa11 ;Texas. The total amounts assessed against therespective parcels of property abutting upon the Units or portions of streets above set out, and the real ana true owner ar owners thereof, are the same, or less than, the estimates of said assessments prepared by the Director of public &'forks and approved and adopted by said ;hoard of aldermen, and are in accordance with - -0 -- the proceedings of said City relative to said improvements and assessments, and assessments therefor, and with the terms, powers and provisions of said Chapter iO6 of the Acts of the First Called Session of the 4Uth Legislature of the State of Texas, known as Article 11 -5 -b of vernon's Annotated Civil Statutes of Texas, ( and as adopted oy the Charter of said City), under which terms, provisions and powers of said Acts said improvements and assessments were had and made by said 3oard of iUdermen. rA;jbED and AY.'t�OvED This Z' `aay of November, i9b9. A f.. PkE PA- .0 BY: rson, city Frank MTDson , ity� ttorney