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Ord 1882 12/14/1959ORDINANCE NO. AN ORDINANCE CLOSING THE HEARING GIVEN TO THE REAL AND TRUE OWNERS OF PROPERTY ABUTTING UPON NORTH L MAR STREET IN THE CITY OF WICIIiTA FALLS TEXAS, WITHIN THE LIMITS THEREIN.DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE 0 SAID PROPERTIES -AND THE REAL AND TRUE OWNERS THEREOF BY VIRTUE OF THE IMPROVEMENT OF.SAID STREET WITHIN SAID LIMNS, ANDAS TO ANY ERRORS, INVAL- IDITIES OR IRREGULARITIES IN.ANY OF THE PROCEEDINGS 01R CONTRACT THEREFOR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; FINDING AND DETERMINING THAT EACH AND EVERY PARCEL OF PROPERTY ABUTTING 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 IMPROVEMENTS PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND THE REAL AND TRUE OWNERS THERE- OF, AND LEVYING ANO ASSESSMENT FOR THE PAYMENT OF A PORTION OF THE COST OF IMPROVING SAID STREET WITHIN SAID LIMITS DEFINED, FIXING.A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND'THE REAL.AND.TRUE OWNERS.THEREOF, PROVIDING FOR TIIE ISSUANCE OF ASSIGNABLE CERTIFICATES UPON ,THE COMPLETION AND ACCEP- TANCE 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.THIS ORDINANCE SHALL BECOME EFFE- CTIVE IMMEDIATELY UPON ITS PASSAGE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF TM CITY OF WICHITA FALLS, TEXAS SECTION 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 14th day of September, 1959, determined the necessity for, and ordered the im- provement of portions of North Lamar 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 here- to fore been approved and adopted by said Board of Aldermen; (b) That a Notice duly executed in the name of the City of Wichita 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 City, did award the contract for the construction of said improvements to Timmins and Anderson, upon its lowest and best bid therefor, and said contract has been executed by Timmins and .Anderson and by the City of Wichita Falls; and the performance bond re- quired by law and by said contract has been properly furnished by the said Timmins and Anderson. (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 . Aldermen did by ordinance duly enacted on November 9, 1959, provide for and order a hearing to be held at 7.30 o'clock P.M. on the,23rd day of November, 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 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 23rd day of November, 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 matters in accordance with said ordinance and notice, at which time various persons appeared and testified and at the conclusion of such hearing the mayor ordered that the hearing was closed and directed the City Attorney to prepare and submit 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 as to 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 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 lawns under 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 ob- jections considered at such hearing the said Board of Aldermen has determined that the properties, and each and 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 upon 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 Plan of Rule, if uniformly applied would result in injustices and inequities between different parcels of pro- perty within the same Unit; and the Board of Aldermen has determined to appor- tion 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 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 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 equit- able, and all objections and protests should be overruled and denied. That said Board of Aldermen has adopted the rule 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, unposed 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 proceed- ings, 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 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 the costs -2- tl •+ described herein or not, together with interest thereon at the rate of six (6%) per cent 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 aga ins t 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 ex- cept for lawful ad valorem taxes; and that the sums so assessed shall be pay- able to Timmins and Anderson, or its successors and assigns, as follows: In five (5), equal annual installments due respectively ten (10) days, one (1), two (2), three (3), four (4) and five (5) years from date of acceptance by the City of such improvements; deferred payments to bear interest from such date at the rate of (6%) per cent per annum, payable annually, past due install- ments of principal and interest at the same rate per annum until paid, so that upon the completion and acceptance by said Board of aldermen of the improve- ments in any Unit or portion of streets above defined, the assessments against the property abutting upon such completed and accepted Unit shall be and be- come due and payable in installments and with interest as above provided; how- ever, 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 Timmins and Anderson, 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 expen- ses 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 Wichita Falls, Texas, to Timmins and Anderson, upon the completion and acceptance of said improvements.by the Mayor in the name of the City of Vtichita Falls, attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assess- ments and the times and terms thereof, the rate of interest thereon, the date of the completion and the acceptance of the improvements for which the certi- ficate is issued, and shall be retained upon same the names of the apparent owner or owners as accurately as possible, and the description of the property assessed by lot and block number or front foot thereof, or such other descrip- tion 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 there of. The said certificate shall further provide 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 Timmins and Anderson, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collec- tible 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 payment thereof, the same may be enforced, at the option of Timmins and Anderson, or its assigns, either by the sale of the property therein described in the manner provided for collec- tion of ad valorem taxes as above recited, or by suit in any court having jurisd iction! Said certificate shall further recite in effect that a l l 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 rr r thereof, evidenced by such certificates, have been regularly done and per- formed, which recitals shallbe evidence of all the matters and facts so recd, 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 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 and appropriate thereto. It shall not be necessary that said certificates shall be in the exact form as above set forth. SECTION 8. All 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 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 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 Wchita 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 owners thereof, are the same, or less than, the estimates of said assessments prepared by the Director of Public Works and approved and adopted by said Board of Aldermen, and are in accor- dance 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 Leg- islature of the State of Texas, known as Article 11 -,5 -b of Vernon's Annotated Civil Statutes of Texas (and as adopted by the Charter of said City), under which terms, provisions and powers of said Acts said improvements and assess- ments were had and made by said Board of Aldermen PASSED and APPROVED this of December, 1959. n K. C. S LL, maykor ATIESl / ueo,­..w. r!enaerson, city u.LerK Prepared by -Frank Gibson, City Attorney