Ord 1826 2/9/1959CRI D INANC" NO. j_S2(p
ow
Iv'V 3.A:4I \
AN D IN �TyTCE CLOSING THE HEAR ZI��CT
GIVEN TO THE REAL AND TRUE O`ER S
OF
PROPERTY ABUTTING UPON PENNSyLVAN 7A AVENUE AND THIRD I STREET IN
THE CITY OF 1A1ICN ITA FALLS TEXAS WITHIN THE LIMITS — THEREIN DEFINED,
AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTIES AND THE REAL
AND TRUE OT'iNEP�S THEREOF BY VIRTUE OF THE IMPRoia!'E T OF SAID STR Z':' S
WITHIT SAID LIMITS, AND AS TO AT4iY ERRC�tS, INVALIDITIES OR IRRECxULARw
ITILS IN AIRY OF THE PROCEEDINGS OR CONTRACT THEREFCR; OVERRULING AND
DENYING ALL PROTESTS AND OBJECTIONS OFFERED; .FIND ING AND DETERMINING
THAT NCH AND 'EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS
WITHIN THE LIMITS DEFINED FILL BE SPECIALLY BENEFITTED AND ENHANCED
IN VALUE III EXCESS OF THE AMOUNT OF THE COST OF SAID 1?PROVF� 1 tvl�EA€
PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND H
AND TRUE OMERS THEREOF, AND LEVYING AN ASSESSMENT FCR THE P AYIV171 -1
OF A PORT ION OF THE COST OF INPROVING SAID STREET 171THIN SAID LIMITS
DEFINED, FLING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE
REAL AND TRUE OWNERS THMEOF, PROVIDING FOR THE ISSUA CE SAIDASS ASSIGN
ABLE CERTIFICATES UPON THE CC MPLET I
THE MANINER AND TIME OF PAYtv2ENT THER E GF , AND PROVIDING FCR- THE', MAN14ER
ANTS FIETHCD OF COLLECTION OF SAND ASSES51diENTS AND CERTIFICATES „; DE-
CLAP, T- G AN EIIIERGENCY, AND PRCVIDIIVG THAT THIS C DINANCE S1i:�LL BE--
C;Ot %t� . EFFECTIVE IA,�1�' = =F-D IATELY UPOi�i ITS PASSAGE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEKAS
C; t of ` %;Tichita Falls, Texas, f irzds
SECTION 1: The Board of Aldermen of the y
` (a')` "That'the Board of Aldermen of the City of e {fichita Falls, Texas,
has heretofore by ordinance duly enacted on the 26th day of January,
1959, determined the necessity for, and ordered the improvement c Z` =`F
portions of Pennsylvania Avenue and Third (mod) Street in the City of
�gjchita - 'ails, Texas, within the !in L therein defined, and in the
m
manner and according to the plans and specifications therefor,
which
plans and specifications have heretofore been approved and adopted
by said Board of Aldermen;
(b) That a Notice duly executed in the name of the City o,
`,Vichito
tment of said above described ordinance has
Falls, Texas, of the enac
heretofore been filed with the County Clerk of ,achita County, Texas,
the County in which said City of ;`Tichita Falls is situated;
(c) That the Board of Aldermen of the manner an of Wichita ire wired Falls, l Texas,
after having advertised for ?aids
by the Charter of said City, did award the cor_tract for the construction
of said i;nT)roveinents to R. 0. Green Construction Company, upon its
lowest and best bid therefor, and said contract has been executed by
R. 0. Green Construction Company and by the City of chita Falls;
and the -performance bond required' by laW and by said contract has been
properly furnished by the said R. O. Green construction Company.
(d) That the Board of Aldermen caused the Director of Public E' orbs
to
re and file estimates of the costs of such improvements and
estimates of the amount per front foot proposed to be assessed against the
the property abutting each of anddtrueeo1 - fstthereof; limits defined
therein, and against the
(e) That upon the filing of said estimates the Board of for andn
did by ordinance duly enacted on January 26, 1959, provide for and
order a hearing to be held at 8:00 orclocl� P.ivi., on the 9th day of
February, 1959, in the City Council Rooin:of the Miunicipal Auditorium
in �lichita Falls, Texas, at which time and place all persons, f irn's
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s
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v o L 759 AGE .6
corporations and estates owning or claiming any such abutting
property, or any interest therein, and their agents and attorneys,
and all other persons interested therein, were to appear and be
heard in person or by attorney; said ordinance directed that due
notice of such hearing be given in the manner required by law;
(f) That after due publication of notice as required by
law, and on the 9th day of February, 1959, said hearing 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 ratters in accordance with said
ordinance and notice, at which time various persons appeared
and test.z? zed and at the conclusion of such hearing the Mlayor
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 pro tests, objections or testi-
mony were offered as to said improvements, the contracts or
assessments therefor, or as to any of the proceedings in refer -ence
thereto except as hereinabove set out; that the Board of .41de -r men
has heard all parties who appeared and desired to testify, object
or protest as to the s-oecial benefits in enhanced value to accrue
to said abutting properties and the real and true owners thereof
as cc,-rpared with the portion of the cost of constructing said
improvements proposed to be assessed against said abutting properties,
and has heard all parties appearing and offering testimony, together
with all objections and protests relative to such matters and rel-
ative 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 mare
any such protest or objection or to offer testimony, and has
-'ally examined and considered all of said evidence, matters,
testimony and objections offered.
(h) That said Board of aldermen did consider and correct
all errors, 'invalidities or deficiencies called to its attention
and did find that all proceedings and contracts were proper and
in accordance with the laws und(x which same are being had and
with the directives of said Board of aldermen in reference to such
improvements, and that all of same are in all respects valid and
regular.
(i) That based on the evidence, matters, testimony and
objections considered at such hearing the said Board of Aldermen
has deterimined that the properties, and each and every portion
of such abutting property upon the streets and Units as herein -
after 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 or such improvements proposed to be,
and as hereinafter, assessed against each of said portions of
property, or properties, abutting u -bon said streets, and the
real and true owners thereof.
(J) That said Board of aldermen is of the opinion and finds,
that the wont Foot Plan or 1Zule, if uniformly appl=ied would re-
sult in injusitices and inequities between different parcels of
property within the same Unit; and the Board of Aldermen has de-
termined to apportion and assess the cost in a different manner
in such proportions as it deems and finds to be just and equitable,
having in view the special benefits in enhanced value of the prop-
erties and the equities of the owners and the said Board of alder- -
men has adjusted assessments against corner properties so as to
produce a substantial equality of benefits received and burdens
imposed; and the Board 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 equitable, and all
objections and protests should be overruled and denied.
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VOL 759FACE417
That said Board of Aldermen has adopted the rule of
apportionment and division of the costs of said improvements
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 produce substantial equality cans id er i nq
the benefits to be received and the burdens imposed thereby;'
and said Board 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 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 proceedings, said hearing granted to the real and true
owners of properties. abutting upon said streets or Units within the
limits herein defined, and to all persons, firms, corporations and
estates, owning or claiming same or any interest therein, shall be,
and the same is hereby closed, and all protests and object ions 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 ofsaid improvements in said portions 'of said: streets,
will be in excess of the amount of the costs of said improvements
proposed to be, and as herein assessed against said abutting proper-
ties and the real and true owners thereof; and finds that the appor
tionnent of the costs. of said improvements and the assessments here- -
inbelow made are just and e %gjuitable and produce substantial equality,
considering 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 ': "ichita Falls, Texas; and further finds that all
-)roceedings and contracts heretofore had with reference to said improve-
regular, are in all respects regular, proper and valid, and that all pre-
requisites to the fixing of the assessment 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 not, have been in all things regularly had and performed
in compliance with the law and the proceedings of said Board of
A Id ermen.
SECT ION 4. In pursuance of said Ordinance duly enacted by
the Board of Aldermen on the 26th day of January,
1959, authorizing and ordering the improvement of said streets and
Units, including the said portions of streets and Units hereinbelow
set out, which Ordinance 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 tiaith respect to said street
improvements by the laws of the State of Texas, with reference partic-
ular ly to Chapter 106 of the Acts of the First Called Session of the
40th Legislature of the State of Texas, Rnown ans 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 ichita 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 owner s
of such property whether such real and true owners be named, or correct-
ly named, or said properties be correctly described herein or not, the
several sums of money hereinbelow mentioned and itemized opposite
the descrinti.on of the respective parcels of said property, the de-
scription of such property, the number of front feet of each,and the
several amounts assessed against the same and the real and true
owners thereof (and where the amount so assesseg against the corner
properties has been computed by adjusting the frontage,such amount
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vet 759 PACE
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 an adjusted basis for the assessment),
and the names of the apparent owners thereof, all as corrected and
adjusted by said Board of Aldermen, being as follows, towit:
FRONT FOOT RULE OR PLAN -
THIRD STREET FRom, THE EAST PROPERTY LINE OF LEE STREET
TO THE },SST LINE OF ' THE' TNTEP�SECTION V,'ITH ADAMS STREET, im
THE. CITY OF IVICHITA FALLS, WICHITA COUNTY, TEXAS:
(Property Assessed by Description
Travis School
J. L. Hicks
Beatrice Rogers
All of Block 105,Criginal Townsite
Lot 14,Block,112, Original Townsite
('nC_'i-c
"I'Zz1. 17
664.65
W 75t, Lot 1,Block 112,0riginal Townsite 393.77
A. G. , elch E. 701,Lot l,Block 112,Original Townsite 239.27
PENNSYLVANIA ROAD, DESIGNATED AS 3001 and 3003 PENNSYLVANIA,
ABUTTING LOTS 15 and 169 OF BLOCK 5, J'.OHN 1`I. THOMAS ADDITION
TO 1F CTTY. OF WICHITA FALLS, VICHITA COUNTY, TEXAS:
(Property Assessed bld) Description Costs
Francis Lucile Smith Lot 16,in Block 5, John W. Thomas
Addition, 179.55
Ed V,atson Lot 15,in Block 5, John V!. Thomas
Addition 10-.55
SECTION 5. The assessments levied in Section 4- above are for a
portion o= the costs of said improvements in the streets and Units
therein set out which are included in said ordinance enacted on the
26th day of Jar-uary, 1959, and the assessments for the improvements
or assessments in any other of the streets or Units described in said
ordinance; and in levying said assessments the amount so assessed for
the improvements in said Units have been in nowise affected by any
fact or thing in any way connected with the improvements or the as-
sessments therefor in any other of said Units. The omission of the
improvements in any of said streets or Units as a whole shall in no-
wise 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 proprty exempt
from the lien of such assessments, or against which a valid property
assessment cannot be levied, shall in nowise affect nor impair the
validity of the assessments against the other properties in such Unit.
SECTION G. The several sums mentioned above in Section c hereof,
assessed against said parcels or portions of abutting property, or
properties, and the real and true owner or owners thereof, whether
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said owners be named or correctly named; or said properties be
correctly described herein or not, together with interest thereon
at the rate of five (0) per annum and with reasonable attorneyls
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 pt.rcels 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 an:d 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 law-
ful ad valorem taxes; and that the sums so assessed shall be pay-
able to R. 0. Green Construction Company, or its successors and
assigns,as follows: In eight (8) equal annual installments due
respectively thirty (30) days, one (1), two (2), three (3), four
(4), five (5), six (6) and seven (7) years from date of acceptance
by the City .of such improvement; deferred payments to bear .interest
from such date at the rate of five (5) 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 ac-
ceptance by said Board of ldermen of the improvements in any Unit
or portions 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 paying 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. G. Green Construction Company, or its assigns, shall be
and become immediately due and payable and shall-be collectible,
together with reason =able attorney's fees and all costs and ex-
penses of collection, if incurred.
SECTICK 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 Wichita Falls, Texas, to R. C. Green Construction
Company, upon the completion and acceptance of said improvements by
the Mayor in the name of the City of Wichita 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 thereon, the date of the completion and the accept-
ance of the improvements for which the certificate is issued, and
shall retain the name of the apparent owner or owners as accurately
as possible, and the description of the property assessed by lot
and blocR 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 property
or in giving the name of any owner or owners, , or otherwise, shall
in anywise invalidate or impair the assessment levied hereby or the
certificate issued in evidence thereof.
The said certificate shall further.provide substantially that if
default shall be made .in the payment of any installment 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
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assessment evidenced thereby shall at once become due and
payable and shall be collectible with reasonable attorneyfs
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 naked 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-,�alorem taxes,"from and after the date said improve-
ments were ordered by said Board of aldermen, and shall brovide
in effect, that if default shall be made in the payment thereof,
,the same may be enforced, at the option of R. 0. Green Construction
Company, or its assigns, either by the sale of. the property therein
described in the manner provided for collection of ad valorem taxes as
above recited, or by suit in any court having jurisdiction.
Said certificate shall further recite in effect that all the pro-
ceedings. with reference to making said improvements have been regu-
lar ly had in compliance wi i.h 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 performed, which recitals
shall be evidence of all the matters and facts so r ecited, 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 be
signed with the facsimile signatures of the Mayor and City Clerk.
Said certificates shall .further provide in effect that the City of
!-Vichita Falls, Texas, shall exercise all of its lawful powers, vzhen
requested so to. do by the holder of said certificates, toaid in the
enforcement and collection thereof, and said certificates may con-
tain other and .further recitals pertinent and appropriate thereto.
It shall not be necessary that said certificates shell be in the
exact form as above set _forth.
SECTION S. All such assessments levied are, and shall be,
a personal liability and change against the re-
spective real and true owner or owners of said abutting properties,
notwithstanding such owner or owners riay not be 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 natter or thing shall not in anywise invalidate
or impair any assessment levied hereby or any certificate issued,
and any such mistake, or error., invalidity or irregularity, whether
in such assessment or in the certificates issued in evidence thereof`,
may be, but is not required to be, in order to be enforceable,cor--
rected at any time by the Board of Aldermen of the City of Wichita
Falls, Texas.
The total amounts assessed against therespective parcels of property
abutting upon the Units or portions of streets above set out and
the real and true owner or orners thereof, are the same, or less than,
the estimates of said assessments prepared by the .Director of Public
Uorhs and approved and adopted by said Board of aldermen, and are
in accordance with the proceedings of said City relative to said
improvements and assessments,and assessments therefor, and with the
terms, powers and provisions of said Chapter 106 of the acts of
the First Called Session of the 40th Legislature of the State of
Texas, hnoWn as article 11 -5--b of Vernonfs ,annotated Civil Statutes
of Texas, %nd ,as `adopted by- the Char ter . of .said City) ,
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