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Ord 1603 2/25/1952/10 3 ORDINANCE CLOSING NEW HE,ARIT',?G AND LEVYING ASS SC"iF;=ITS FOR PART OF THE COST OF IT,"PROVING A PORTI07 OF iTORT T TRAVIS STREET IN T-I'E CITY OF WIC'IITA FALLS, T"XI.S, FIXIIHG CHARGES AND LIENS AGAINST PROr �RTIES ABU'TTI?TG ON SAID PORTIO OF STREET AND AGAI ",TST THE OW ' RS T- ER-EOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESST"-'TITS ANTD THEI ISSUANCE OF ASSIGNABLE. CERTIFICATES IT\T EVID-iNCE THEREOF, AND DECLARIiM AN EMERGETTCY. WHEREAS, the :Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that the hereinbelow ,zen- tioned and described portion of North Travis Street in the City of Wichita Falls, Texas, be improved by raising, grading and filling same, by constructing and. installing concrete curbs and gutters where same are not already constructed on proper grade and line, and by constructing thereon a 7 inch Flexible Base Course with a 11 inch Type 'fQ"-Modified Asphalt Surface, together with incidentals and appurtenances, including storm sewers and drains as and where shown on the plans relating to said improvements and in strict accordance with the plans and specifications therefor, now on file with the City; and, WHEREAS, contract has been made and entered into with Stuckey Construction Company, a copartnership of Wichita Falls, Texas, for the .riaking and construction of such. improvements; said t3ortion of North Travis Street being described as follows, to wit: NORTJ TRAVIS STREET, from the south property line of Lincoln Street to the south property line of Wichita Street SAVE AND EXCEPT its intersection with Wichita Street, known and designated as Unit No. 105-A; a.nd, WHEREAS, new estimates of the cost of the improvements were prepared and filed, and tune and place was fixed for hearing to the owners of abutting property, and to all others j in anywise interested, and due and proper notice of the time, place and purpose of said :searing was given, and said hearing was had and .ield at the time and place fixed t'-)erefor, to wit, or t'�e 25th day of February, A. D. 1952, at 7:30 oiclock, P. M., in the Council Room in Memorial Auditorium in the City Of Wichita Falls, Texas, and at such hearing the following protests were made, to wit: protested that protested that - 1 - protested that protested that protested that pro tested that protested t'-iat r)rotested that protested that 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 tiieard, and the Board of Aldermen 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 WIC-nITA FALLS, TE AS, THAT: I. Said new 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 said portion of North Travis Street, 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 respect- ive ;parcels of property by means of such improvements 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, con- sidering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed. is spec- ially benefited in enhanced value to the said property by means of said improvements 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 accord- ance with tze law in force in this City and the proceedings of the! City :heretofore had. with reference to said improvements, and is i in all respects valid and regular. 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 mentioned and itemized 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: - 3 - IV. Where more than one person, firm or cor-ooration own an interest in any property above descr.;..bed, each said person, firm or corporation shall be personally liable only for its, his or her pro rata of the total assessment against such property in proportion as its, his or her respective interest bears to the total ownership of such property, and its, his or her respect- ive interest in such property may be released from the assess- ment 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 six per cent,-Lm (65?) 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 t'ze 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 clairis exce-Ot 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 respect- ively on or before ten (10) days, one (1), two (2.), three (?) and four (4) years from the date of the completion and accept- ance of the improvements, and shall bear interest from the date of such completion and acceptance at the rate of six per cent=. (6%) per annum, payable annually, except as to installments maturing in less than one year, which shall be payable at the maturity of the installment so payable. Provided, however, that any owner shall have the right to nay 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 said Contractor, Stuckey Construction_ Company, 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 rude in the payment of any assessment, collection thereof shall be enforced either by the sale of r-)rop- erty by the Tax Collector and Assessor of the City of Wichita Falls, Texas, 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 Company, 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. - 4 - VII. The City of Wichita Falls shall not in any manner be liable for payment of the sums hereby assessed against any prop- erty, or the owners thereof, but the said Stuckey Construction Company, or its assigns, shall look solely to such property and the owners tibereof, for the payment of such assessments, but the City of Wichita Falls shall exercise all of its lawful rowers to aid in the enforcement and collection of said liens and suvns and personal obligations. 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 o_f 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 thereof, assignable certificates shall be issued by the City of Wichita Falls upon completion and accept- ance of the improvements, which certificates shall be executed by the ;Mayor 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 Stuckey Construction Company, 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 improve.rbents, and shall contain the name of the owner or owners, if known, the 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 descri-ption of same as so owned shall be sufficient, or if the nar, e 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 certificates, 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 Collector of Taxes of the Citv of Wichita Falls, Texas, 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 CONSTRUCTION COMPANY STREET IMPROVEMENT FIT?\TD, and when any payment shall be made to the Tax Collector upon such certi- ficate 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 cer- tificate in writing and by surrender thereof when the principal, together with accrued interest and. all costs of collection and. reasonable attorneyst fees, if incurred, have been paid in full. - 5 - Said certificates shall further recite substantially that the proceedings with reference to making the improvements have been regularly had in compliance with 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 of the _matters recited in such certificate, 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 fifth installment, which coupons may be payable either to Stuckey Construction Company, or its assigns, or to the bearer, and may be signed with the facsimile signatures of the Mayor and City Clerk. The said certificates shall further recite that the City of Wichita Falls 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 foram above set forth, but the substance thereof shall be sufficient. Full power mistakes, errors, assessments or in is, in accordance the City. to make and levy reassessments and to correct invalidities, or irregularities, either in the the certificates issued in evidence thereof, with the law in force in this City, vested in X. All assessments levied are a personal liability and charge against the real and true owners of the premises described, not- withstanding such owners may not be named, or may be incorrectly named. XI. 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 known. as Chapter 106 of the Acts .:Of said Session and now shown as Article 1105b of Vernonts Texas Civil Statutes, which Act, together wits. all amendments thereto, has heretofore been incorporated in and made a part of the Charter of the City of Wichita Falls, Texas. XII. The present condition of said portion of North Travis Street to be improved endangers health and safety and. the improvement of same constitutes an urgent public need for the preservation of peace, health and safety of property and it is necessary that said improvements be constructed while the weather will permit and the construction of said improvements 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 the rules providing for ordinances - 6 - to be read more than one time or at more than one meeting or that the ordinance shall not go into effect until thirty (30) days after the passage of same, be suspended and that this ordinance be passed as and take effect .as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as and shall take effect and be in force as an emergency measure and shall be in force and effect irn-,,aediately from and after its passage. PASSED AND APPROVED This 25th day of February, A. D., 1952. CITY OF WICHITA FALLS, TEXAS BY Q472� Mayor ATTEST: City Clem APPROVED AS TO FOMI: `City Attorney. n