Ord 1605 3/10/1952(O /
bj
OP�DITA'�ICE CLOSING ±EARING A jD LT'VYITIG AS =nSr 'E_'ITS'0??
PART OP' T_iE CAST OF I�PPOVIIG A POPTIOIV OF RID1•TELL
STREET AND A PORTION OF TRUEHE IRT 1`.V_E_,',TUE I'T T:17 CITY
OF vdIC��ITA FI"ELLS, TEXAS, F?XITiG C 1ARGv.S A�`ID UTEI\TS
A�1>IiTST '_'ROPr'RTIES AI3UTI'J. C;'T SATD ORTIO?�T OF 3RTD1 ' ELL
STREET AND SAIL'- PORTION „F TRUEHEART AV7_NUE AND AGAINST
THE 0WNERS THEREOF, PROVIDI--ITG FOR. TrIE COLLH:CTTO 1 CF
SUCH ASSESS _�Ei`ITS AND THE TSSUA_NCE OF ASST_GTIABLE
CERTTFICATES III EVIDENCE THEREOF, A'ID DECLARI ITG AN
E' 1ERGE`ICY .
WHEREAS, the Board of Aldermen of the City of Wichita
Falls, Texas, has heretofore ordered that the hereinbelow
nientioned and described tiortions of street and aavenue in the
City of Wichita Falls, Texas, be imnproved by raising, �7radi.ng
and filling same, by c:-nstructing and. installing concrete cures
and gutters, where same are not already constructed, on 7jro�,er
grade and line, and by constructing ereon a 7-inc'a Flexible
Base Course with a. 14- nch. Tyre "r'i-Mlodified Asphalt Pa.ve?.�ent
Surface, together with incidentals and appurtenances, includ-
ing storm sewers a -ad drains, as and where shown on the Mans
relating to said im rove ments and. in strict accordance with
the Plans and. Specifications therefor, now on file with the
City, and contract for the Yraking and construction of such
i-_norove cents was made and entered into with. Stuckey Construction
Company, a copartnership of Wichita Falls, Texas; said ;-)ortions
of street and avenue being as follows, to wit:
SRIDWELL STREET, from the north curb line of Southern
Avenue to the north >>roperty line of that rortion of Keeler
Avenue which intersects -Bridwell Street on the east, '_-mown
and designated as Unit No. 65;
TRUEHEART AVENUE, from the west -pro-oerty line of BroollL
Avenue to the west :property line of Saylor Avenue, known and
designated as Unit No. 107;
and,
liIiIFREAS, estimates of the cost of the imnrove,pents in
eaca unit were prepared and filed, and time and Qlace was
fixed for hearing to the owners of abutting property, and to
all others in anvawise interested, and due and groper notice
of the time, place and purpose of said }.tearing was given, and.
said 'nearing was had and held at the time and dace fixed
therefor, to wit, on the 10th day of l'Tarch, A. D., 1952, at
7: 30 o 1 clock, P. I. , in the Council Room in. Memorial
Auditorium in the City of 'dlichita Fz_i_ls, Texa.s, and at such
hearing the following 3rotests were tna.de, to wit:
-- - protested that
protested that
protested that
protested. that
protested that
Drotested that
protested that
and said Bearing was continued to the .,resent time in order to
more fully accomplish the ourroses thereof, and all desiring
to be heard were given full and fair opi:)ortunity to be heard,
and the Board of Ald.ermen having fully considered all pr.00er
matters, is of the opinion that the said nearing should be
closed and assessments should be grade as herein ordered;
THEREFORE,
BE IT ORDAIiIED BY THE BOARD OF ALDERMEN OF THE,
CITY OF WICHITA FALLS, TEXAS, THI'�T:
I.
Said hearing be, and the same is !).ereby, closed and the
said protests and objections and any and. all other ,protests
and objections, whether i.erein enumerated or not, be and. t=�e
same are :hereby, overruled.
II.
The hoard of Aldermen, from the evidence, finds that
the assessments herein levied should be made and levied agallnst
the respective parcels of pro )erty abutting: upon said r.ortions
of street and avenue, and against the owners thereof, and
that such assessments and charges are right and Groper, and
are substantially in -)r000rtion to the benefits to the res-
-)ective parcels of oroperty by means of the improvements in
the unit for whicri such assessments are levied_, and establish
justice and eq'uali_ty and uniformity between the respective
owners of the respective properties, and between all -parties
concerned, considering the benefits received and burdens
im-csed, and further finds that in each case the abutting
property assessed is srecially benefited in enhanced value to
the said ,roperties by means of the said improvements in the
unit upon which t:_e particular property abuts, and for which
assessment is levied and charge made, in a sum in excess of
the said a.ssessaent and c arge made against the same by this
ordinance, and further finds t«at the arr,orti.onment of the
cost of the imi.-orove:nents is in accordance with t`,le law in
force in this City and. the :)roceedi.ngs of t��e City heretofore
had with reference to said improvements, and is in all
respects valid and regular.
There shall be, and is hiereby, levied and assessed
against the parcels of property iereinbelow mentioned, and
against the real and true owners thereof (whether such owners
be correctly named terein or not), the sums of money below
mentioned and itemized shown opposite tle d.escri^tion of
the respective parcels of property, and. the several amounts
assessed against the same, and,. the owners thereof, as far
as such owners are "_lnown, being as follows:
IV.
Where more than one person, firm or corporation own an
interest in any property above described, each said -person,
firm or corporation shall be personally liable only for its,
.Lis or her pro rata of the total assessment against such
property in proportion as :its, his or .her respective interest
bears to trle total ownership of such ,property, an.c. its., -his or
her respective interest in such property ray be released from
the assessment lien upon payment of such proPorti_onate siMm.
V.
The several sums above mentioned and assessed aga.i.zist
the said parcels of pro 'per.ty, and the owners thereof, and
interest thereon at therate of six per centum (6j) per a.nnum,
together with reasonable attorneyst fees and. costs of col-
lection, 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 c'_a.rge
against the real and true owners of such property, whether
suc i owners be na:-'•!ed nerei_n or not, and the said liens shall
be and constitute tale 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 abuttkng propert r and
the owners thereof, shall be and. become due and payable as
follows, to wit: in five (5) equal installments, due res-
pectively on or before ten (10) days, one (1), two (2),
three (33 and four (/+) years from the completion and. acceptance
of the imn rovements in the unit upon which the particular
propert;- abuts, and shall bear interest from t'ie date of such
com-:Dletion and acceptance at the rate of six per centum (6 )
per annum, payable annually except as to installments maturing
in less than one year, which shall be -oa.yable at t:ne Maturity
of the installment so payable, so taat upon the com~:;letion
and acceptance of the improvements in one unit, assess gents
against such com-nleted and accented unit shall be and beco_Ie
due and payable in sucLi installmn- nts, and with interest from,
the date of such com 1ction and acceptance. ?rov ded, however,
that any owner shall have the right to _gay the entire assess -
bent, or any installment t'iereof, before maturity, by naJinent
of principal and accrued interest, and provided furtler,
that -if default shall be made in the -payment of any installment
of ,rincipal or interest rrom:_tly as the same natures, then
the entire amount -f the assessment upon which such default
is _made shall, at the option of said Contractor, Stuckey
Construction Company, or its assigns, be and become imt:-edis.tely
due and payable, and shall be collectible, together with
reasonable attorneyst fees and costs of collection, i.f incurred.
VI.
If default shall be :made in the payment of any assessment,
collection thereof shall be enforced either by the sale of
property by the Tax Collector and Assessor of the City of
Wichita Falls, as near as -possible, in the manner , :provided
for the sale of property for the non-payment of ad valorem
taxes, or at the option of said Stuckey Construction Comr;any,
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.
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VII.
The City of Wichita Foils shall not in any manner be
liable for payment of the sums hereby assessed against any
property, or the owners thereof, but the said Stuckey Con-
struction Company, or its assigns, shall look solely to such
property and. the owners thereof, for the rayr;lent of such
assessments, but the City of Wichita Falls shall exercise all
of its lawful powers to aid i_n the enforce:rient and. collection
of said liens and su��is and. personal obligations.
VIII.
The total amount assessed against the res-neetive parcels
of abutting property and the owners thereof, is in accordance
with tree rroceedi.ngs of the City relating to said improvements
and assessments therefor, and -is less than the rroportion of
the cost allowed and permitted by the law in force in th.e City.
IX.
For the purpose of evic.enci:ng the several sums assessed
against the respective parcels of abutting ,roperty, and the
owners trereof, and the time and terms of payment, and to aid.
in the enforcement thereof, assignable certificates shall be
issued by the City of W_- chita Falls upon com-cletion and
acceptance by the City of the improvements in each unit of
imtirovement as the work in such unit is coin^feted and
a.ccer;ted, which certificates shall be executed by the :Mayor
in the na-Me of the City and. attested by the City Clerk with
the corporate seal of the City impressed thereon, and shall be
payable to Stuckey Construction Company, or its assigns, an(
shall declare the said amounts, time and terIs of pas>Tment,
rate of interest, and the date cf colmletion and acceptance
of the mir. ov^Tents abutting ux,on s�zch property for W"Ii ch the
certificate i_s issued, a.nd shall co=_Main the n.a_ne of the
owner or owners, i_f r-_no�rn, the descrirtion of the ,roperty
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 o`;ned. by an estate, then the des-
cription of same as so oined 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 sucr-I certificates, or the assessments levied.
The certificates shall ,)rovi_de 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 Collector
of Taxes of the City of Wichita Falls, Texci s, who shall issue
his receipt therefor, which shall be evidence of such payment
on any demand for the same, and the 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 STUCKEY CO2, STRUCTION CO'_ -D!iNY STREET Tn-PROVE'_�1ENT
FUPSD, and when any payment shall be made to the Tax Collector
upon_ such certificate .h.e shall, upon presentation to him of
the certificate by the Contractor, or other holder t:I_ereof,
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 'n.im
of such certificates so endorsed and credited; and. such
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endorsement and credit shall be the Treasurer's Warrant for
rlaking 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, toget?ier with
accrued interest and all costs of collection and reasonable
attorneyst fees, if incurred, have been paid in full.
Said certificates shall further recite substantially
that the rroceedings wi to reference to making the i.mrrovements
to which the particular certificate relates, have been reg-
ularly had in compliance wit'_z law, and that all prerequisites
to t[ie fixing of the assessr:ient lien against tap -property
described in such certificate and the personal liability of
the owner or owners thereof have been performed, and such
recitals shall be i)rima facie evidence of all of the matters
recited in such certificate, and no further7,roof thereof
shall be required in any court.
The said certificates may have cour)ons attached t>iereto
in evidence of each or any of the several installments thereof
or may have coupons for each of the first four installments,
leavin; the main certificate to serve for the fifth installment,
which coupons may be payable either to StucKey Construction
Company, or its assigns, or to the bearer, and may be signed
with ti-ie facsimile signatures of the Piayor, and City Clork.
The said certificates shall further recite tJ:,at the
City of Wichita Falls shall exercise all of its lawful :,owees,
when re1quested 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 apero-ariate 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.
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 ti-le law Ln force in t it s City,
vested in the City.
X.
All assessments levied are a personal liability and
charge against the real_ and true owners of the premises
described notwithstanding such oi.rners Ti',ay not be named, or
may be incorrectly named.
XI.
The assessments herein levied are made and. levied under
and by virtue of the terms, cowers and provisions of an Act
passed at the First Called Session of the Fortietr_ Legislature
of the State of Texa.s, being mown as Cha.r,ter 106 of t'Ie Acts
of said. Session and. nor shown as Article 1105b of Vprnon's Texas
Civil Statutes, which Act, together wi.t"i all amendments
thereto, has heretofore been incoraorated in and -.ad.e a r=.rt
of the Charter of the City of Wichita. Falls, Texas.
kIT.
The assess-ments so levied are for the irn,=veents in the
unit upon which the )ropertyT described abuts, an(' t�ze assessments'
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for the imDrovements in one unit are in nowise related to or
connected with the im-grove=gents in the other unit, and in
making assessments and in holding said. 'gearing, the amounts
assessed for improvements in one unit have been in nowise
affected by any fact in anyoTise connected with the improvements
or the assessments t'Zerefor in the other un:it.
The Dresent condition of said ,.-,ortions of street and.
avenue to be improved endangers riealt'-i and safety and tale
im-orove_ment of same constitutes an urgent rublic need for the
preservation of peace, health and safety of c.r.o erty and it
is necessary that said improvements be constructed while the
weat'Lier will rermit and the construction of said_ im-,rovements
is being delayed pending the taking effect of this ordinance,
and. such fact constitutes and creates an emergency and an
urgent public necessity requiring that t'r1e rules rr_oviding
for ordinances to be read more than one tirr,,e or at ':lore than
one greeting or that the ordinance shall not go into effect
until thirty (30) days after the passage Of sag_-e, be slsrended
and that this ordinance be gassed as and ta',,e effect as an
emergency measure, and such rules are accordingly susr,.ended
and. this ordinance is t)assed as and shall take effect and be
in force as an emergency treasure and shall be in force and.
effect imr_"ediately from and after its passage.
PASSrD L\11D ."'"'ROVED This loth day of '' arch, A. D. , 1952.
CITY OF WICT-TITA FILLS, TF'XA
BY
i�Lavor
AT T EST.
City Clerk
APPROVED AS TO FORi'l:
ity At orney.
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