Ord 1589 12/10/1951i ODI=,. i� /�P r ST R�-,
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IT'APT OF T:-ZF MS'T ``F T':P_ROVIXG A PGRTI011 OF A"DATH AV �'?--'
,TP, T'OPTIOTIS OF Sjr'1DRy n rr cmpPr m` ,-n Vn roc, -T TT -
CI ..Y O v7IG'-TIs' �t�L,; S, _.r:-t.', FIXI C�=� ��_,� A�lj T,IWC S
AUr_I`d T _'ROT)FF,TITES Y',_IjTT IIijG OTT SAID-P0RTI0 S OF STRE77S
Ar, D A,T_, dU S, h'4D 11uf.1 ,iST f RS ice' :F, i�0i.TI1I1_".
r,�T� m aT (iT mTn'} �' i r 71 T 7TC' 7' :_ ceTTA r -r
IF R _ C LL�_COF �C. l_�. _.._._ �T; _ C
0I�iT{T'T 0F, AOF d�?I "�'CE T TL
DECI,)IRIi:IG A -A E ',ERVF='.'CY.
vd'TERr1° S, tlne gourd. of ! lder.?�en of the City of vTichita
Fails, Texas, gas fteretofore ordered mat t l.e _ ereinbelc.,-
-f entioned and described ,portions of streets and avenues in tT?.e
Cit T of v'ic_"_ita Fa' ls, Texas , be i ,� roved as follows:
Factof t=ze iereina.fter enu-_ier.atec and described
T ortions of streets and avenues known and designated as Units
"Ios. 60, 63-1,, 64, 66, 71, 72, 7l4, 78, 80, 81, 84, 97, 105,
119, 120 and. 121, be im^roved by raising, grading and filling
same, by constructing and installing concrete curbs and `,patters,
where sane are not already constructed. on ?pro per 5�ra6e and line,
and. b T constructing tLL�ereon a seven inch flexible base cep rse
with a one and one-half inch Type r'C:rr-" odified Is � a.lt �ave�-.-.ent
Surface;
each of tI-ie '1ereinafter en.unerated End described lortions
of streets and avenues :mown and designated as Units ''`os. 69,
79, 91 and 92, be improved b,,r raising, _rLid`Lng a-0. filling sa-_e,
by installing and constructing thereon curbs and gutters, where
same are not already constructed on proper grade and line, and
by constructing thereon a five inc-h concrete '-Jase wit�l_ a one
and one-half inc_�z Tyre rrQ11-1,11odified. Asphalt pavement Surface;
The hereinafter described unpaved and Tzn.i_mkroved. ;.portion
of Taylor Street, ,nown and designated as Lnit ='!o. 101, be
i_ .-roved by raising, grading and filling same and by constructing
thereon a six inch reinforced concrete navement with inte7ral
curbs;
The hereinafter described ortion of Tulsa Street,
mown and designated as Unit I,To. 112, be improved by raising,
grading and filling same, by constructing and installing t'�ereon
curbs and gutters, where same are not alrea.d;T constructed on
proper grade and line, by constructing concrete sideway-_s where
same are shown and provided for on the fans, and by `',tether
constructing thereon a seven inch flexible base course wit-1 a
one and one-half inctlType nrn__ odified 1:s 'salt Pavet�ey,t Eurf ice;
The nereinafter described ::portion of T.'ichita Street,
,,nown and designated. as Unit No. �ructing
17, be irnr;roved by raisi�?g,
grading and filling sae, by cons and i
=.�nstalling concrete
curbs and gutters, where same are not already constructed on
proper grade and line, and by constructing t',ereon a seven inch
flexible base course with a one and one-half inch. Tyre
rrQrr_Tnodified Asphalt Pave -lent Surface, and be fi.zrt'1er iTim3roved.
by constructing a six inch reinforced concrete pavement in t'�e
intersection of Wichita Street wit" `ort'.^ La9nar Street, said
' concrete _javerlent to be in lieu of flexible base with asr¢_alt
surface;
All of the .ereinabove described i ^ rove^ ents be
constructed together with incidentals and appurtenances, includ-
ing storm, sewers and drains, as and where shown on the Plans
relating to said improvements and in strict accordance Trith the
Plans and S�oecifications therefor, now on file with the City,
and contract for the making and constructing of such inmroveTrtents
was rude and entered into with Lbtucke`r Construction Cor_(IY)any, a
copartnership of Wichita Falls, Texas; said oor. tip}ns of streets
and avenues being as follows, to wit:
ARDAT I AVI-,JI UE, from the east Property line of Harrison
Street to the west property line of Van Iuren Street, known and
designated. as Unit No. 60;
NORTH AUSTIN STREET frar�. t. e east r�roperty line of
''forth Brook Avenue to the north �r line of Warren Street,
SAVE AND EXCEPT the intersection of forth Austin Street with
Wichita Street, I-nown and designated as Unit 11o. 63-A;
BLUFF STREET, from an imaginary line drawn per..enda_cul-
arly across Bluff Street at a point 71� feet north of the north
property line of Twenty -First Street to an imaginary line drai-m
perpendicularly across Bluff Street at a point where said
imaginary line is an east prolongation of the property line
? separating Lots 2J+ and 25, Block9, Sibley -Tailor Addition to
the City of Wichita Falls, Texas, '_mown and designated as Unit
No. 614;
BROAD STREET, from, the south property line of Twelfth
I' Street to the north IroY)ert: line of Thirteenth S'-.reet, _own
and designated as Unit o. 66;
T11E U IPAV1 D AIND U.TIIMPROVED PORTIOTI OF T;UR ry"'T STREET
which abuts Lot 6 and a Portion of Lot 7, Block 206, Original
Townsite of the City of Wichita Falls, Texas, and being the
east one-half of that portion of Burnett Street which al-uts all of
the said Lot 6 and anrroxilfxately 22 feet of the said Lot 7, known
and designated as Unit No. 69;
AVENUE D, from the east property line of Tilden Street
to the west property line of Grant Street, known and designated
as Unit No. 71;
DEGGS STREET, frorrl the south property line of Sullivan
Street to the north curb line of Humphreys Street, _� own and
designated as Unit !Jo. 72;
AVE'JUE F, fro_:, the east Property line of Giddings
Street to the west rroberty line of that portion of Britain
Street which intersects Avenue F on the south, known and des-
ignated as Unit No. 74;
GARFIELD STREET, from the south curb line of Avenue X
to the south curb line of Avenue v, '�no�,,n and designated as Unit
No. 78;
THE UI`IPAVE D AND l TI '1P ?OVED ?ORTIO�`d OF C IDT�I�IGO OTR�',7,
which abuts Lot 1, Block 80A, Highland Addition to the City of
Wichita Falls, Texas, and being the west one-half of tb t
portion of Giddings Street `iich abuts said Lot 1, known and
designated as Unit No. 79;
HOMES STREET, from the south property line of Sullivan
Street to the north property line of du-:phreys Street, ' nown. and
designated as Unit No. 80;
2
ij
HUMPHREYS STREET, fron, the west 'property line of Deggs
Street to an imaginary line drawn Perpendicularly across _ffi?.: -,hreys
Street at a point 253 feet east of the east -property line of Owen
Street, which imaginary line is a. south Drolonga.tion of the east
property line of Lot 2 and the west Property line of Lot 3, Block
13, Bateson Acre Lot Addition to the City of �,,ichita Falls, Texas,
'mown and designated as Unit Ito. 81;
AVENUE K. from the ea.st property line of Jones Street
to the west property line of Joline Street, mown and designated
as Unit Tea o . 84;
THE UNPAVED A.4D LIT I'4PROVED PORTIMP OF ROB7,71TS AVF 'TUF
which abuts Lots 7 and S, Block 15, Floral 'eights A(3(9ition to
the City of Wichita Falls, Texas, and heing the south one-half
of that portion of Roberts Avenue which ahuts said Lots 7 and
known and designated. as Unit No. 91;
TFIE UNPAVED A'�D UNIMPROVED PORTIONOF ROBERTS AVF :LTz
which abuts Lots 1 and 2, Block 20, Floral Heights Addition to
of Wichita Falls, Texas, and berg the south one-ha_lf
the City
of that Portion of Roberts Avenue which abuts said. Lots 1 end
2, known and designated as Unit No. 92;
SIXTEENTH STREET, from the west property line of Austin
Street to the east -property line of Burnett Street, 1,.nown and
designated as Unit No. 97;
THE oTPAVED AND TTdI11?ROVED PORTIOIN OF Tl-YLOR SMR.7 'T
which abuts Lot 15, Block 99A, _1ighland Addition to the City of
Wichita Falls, Texas, and being the east one-half of that Portion
of Taylor Street which abuts said Lot 15, hnown and designated
as Unit No. 101;
NORTTi TRAVIS STREET, from the south Property line of
Lincoln Street to the north curb line of Warren Street, SAVE !!MD
EXCEPT the intersection of North Travis Street with_ Wichita
Street, and designated as Unit No. 105;
TULSA STREET, from the east property line of Rosewood
Avenue to the west property line of that portion of Holland
!' Street which intersects Tulsa Street from the south, ': noi;rn and
designated as Unit 14o. 112;
WICrITA. STREET, from the east property line of North
Brook Avenue to the west property line of 7ortn Scott Avenue,
known and designated as Unit No. 117;
BLUFF STREET, from the south property line of Fifteenth
Street to the north crorerty line of Sixteenth. Street, 1mown and
designated as Unit No. 119;
BONCIE'R STREET, from the east Property line of Redwood
Street to the east Property line of Cleveland Street, =-_norm and
designated as Unit No. 120;
GRACE STREET, from the
Street to the north property line
east one-half of that Portion of
257, Original Townsite of Wichita
ignated as Unit No. 121;
and,
south property line of Eigb-th
of iinth Street and being the
Grace Street which abuts Block
Falls, Texas, 'known and des -
WHEREAS, estimates of the cost of the irnirrovenents in
each unit were Prepared and filed, and time and Place was fixed
for hearing to the owners of abutting property, and to all others
in anywise interested, and due and -oroper notice of the ti.e,
place and purpose of said hearing was given, and said heari-n was
had and held at the time and place fixed t'-,erefor, to wit, on the
10th day of December, A. D., 1951, at 7:30 ofclock, P. ?., in
the Co) cil Room in Memorial Auditorium in the City oichita
Falls, Texas, and at such hearing the following protests were
made, to wit:
- protested that
protested that
protested that
protested that
protested t'l.at
Drotested that
protested that
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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 heard, 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 ordQred; T�iERFFORF',
BE IT ORDAI 'ED BY T�F a1OARD OF ALDER-T, E?T OF TJL1E
CITY OF 1h'MHITA F,.LLS, TEXAS, T_1AT:
I.
Said hearing be, and the sairle 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 Dortions
of streets and avenues, and against the owners thereof, and
that such assessments and charges are right and, proper, and
are substantially in proportion to the benefits to the res-
pective parcels of property by means of the improvements in the
unit for which such assessments are levied, and establish
justice and equality and uniformity between the respective
owners of the respective properties, and between all parties
concerned, considering the benefits received and burdens
inposed, and further finds that in each case the abutting
property assessed is specially benefited in enhanced value to
the said properties by means of the said improve?�.ents in the
unit upon which the particular property abuts, and. for wriich
assessment is levied and ena.rge ,lade, in a slam in excess of the
said assessment and charge made against the same by this
ordinance, and further .finds that the apportionment of t1ne cost
of the improvements is in accordance with the law in force in
this City and the YDroceedings of the City heretofore had with
reference to said im.Drovements, and is 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 dnd true owners thereof (whet-ier such owners
be correctly named hereinor 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 t",-ereof, as far as
such owners are mown, being as follows:
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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, 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 respective
interest in such property may be released from the assessmment
lien upon payment of such proportionate sum.
V.
The several stuns above mentioned and assessed apa_nst
the said parcels of property, and the owners thereof, and
interest thereon at the rate of six per centum. (6;?) 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 c}iarge against the real
and true owners of such property, whether such owners be nav-ed
herein or not, and the said liens shall be and constitute tLle
first enforceable lien and clam, against the property on wftich
such assessments are levied, and shall be a first and para;.ount
lien thereon, superior to all other liens and. claims except
State, County, School District and City ad valorem taxes.
The si s 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), tiree (3)
and. four (4) years from the completion and acceptance of the
improvements in the unit upon which. t�-ie Particular pro-erty
abuts, and shall bear interest from the date of such collletion
and acceptance at the rate of six rer centurt (6) per annum,,
payable annually except as to installments ��iaturi:ng in less
than one year, which shall be payable at t-ie --.11a.turity of the
installment so payable, so that upon the com-letion and accept-
ance of the improvements in a particular unit, assessments
against such completed and accepted unit shall be and become due
and payable in such installments, and with interest from the
date of such completion and acceptance. Provided, however,
that any owner shall have the right to pay the entire assessent,
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 _promrtly as the same Matures, teen the
entire amount of the assessment upon which such default is
made, shall, at the option of said Contractor, Stuckey Con-
struction Com-oany, or its assigns, be and becore im-redia.tely
ii due and payable, and shall be collectible, together with
reasonable attorneyst fees alld costs cf collection, if incurred.
VI.
If. default shall be made in thepayment of any assess-
ment, 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 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.
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VI I.
The City of Wichita Falls 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 Construct-
ion Company, or its assigns, shall look solely to such prop-rty
and the owners thereof, for the payment of such assessments,
but the City of Wichita Falls shall exercise all of its Lawful
powers to aid. in the enforcement and collection of said liens
and sums and personal obligations.
VIII.
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 of the
cost allowed and permitted by the law in force in tqe City.
Iy.
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 by the City of the improvements in each unit of improvement
as the work in such unit is completed and accepted, which cer-
tificates shall be executed by the _Xayor in the naie of the City
and attested by the City Clerk with the corporate seal of the
City impressed thereon, and shall be payable to Stuckey Con-
struction 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 improvements abutting
upon such property for which the certificate is issued, and
shall contain the name of the owner or owners, if '--nown., 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 description of same as so owned shall be sufficient,
or if the nale of the owner be unknown, then to so state will
be sufficient, and no error or :mistake in describing any Prop-
erty, 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 prom-ptly upon maturity, then they shall
be collectible, with reasonable attorneyst 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, Texas, who shall issue his
receipt therefor, which shall be evidence of such pasrrment on
any demand for the sane, and the Collector of Taxes shall deposit
the som. s so received by him forthwith with the City Treasurer
to be kept and held by him in a separate fund hereby designated
as STUCKEY CU_lSTRUCTIOP� C01pAIvY STREET IMPROV'i14ETT FL'TP, and
when any payment shall be made to the Tax Collector upon such
certificate 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 leaking such ;payment. Such payments by
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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 attorneys' fees, if incurred, have been paid in full.
Said certificates shall further recite substantially
that the proceedings with reference to -raking the imrrovements
to which the particular certificate relates, 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 ail of the matters recited in such cer-
tificate, and no further proof thereof shall be required in any
court.
The said certificates :nay 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 -nay be _sayable either to Stuckey Construction Gom^any, or
its assigns, or to the bearer, and :'.nay be signed with t_h_e
facsimile signatures of the '-Iayor 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 enforce1nent and collection
thereof, and may contain recitals substantially in accordance
;with the above and other additional recitals pertinent or
apr)ropriate thereto; and it shall not be necessary teat the
recitals be in the exact form above set forth, but t:�r-e substance
:thereof shall be sufficient.
Full rower to -hake and levy reassessments and to correct
mistakes, errors, invalidities, or irregularities, either in t':Le
assessments or in the certificates issued in evidence thereof,
is, in accordance with the law in force in this 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 owners iaay not be named, or may be incorrect
ly named.
XI.
The assessments herein levied are nade and levied. unOler
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 '.:nown as Chapter 106 oft_ie Acts
of said Session and now shown as Article 1105b of Vernon's Texas
Civil Statut:4s, which Act, together with all amendments tIzereto,
:has heretofore bJeen incorporated in and made a part of t'qe
Charter of t'1e City of Wichita Falls, Texas.
XII.
The assessments so levied are for the imorove-nents in
the particular unit upon which the property described abuts, and
the assessments for the i-riprovements in one unit are in nowise
related to or connected with the i-nnrovements in any other unit,
and in :Waking assessments and in holding said hearing, the a7mounts
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assessed for improvements in one unit have been in nowise
affected by any fact in anywise connected with the iIII-;rovements
or the assessments therefor in any other unit.
The Dresent condition of said portions of streets and
avenues to be improved endangers health and safety and t'Ze
improvement of sane constitutes an urgent .public need for the
Preservation of peace, health and safety of—r�ro-r�erty and it is
necessary that said improvements be constructed while the
weather will permit and t'',Ie construction of said i n:,rovements
is being delayed pending the taking effect of this ordinance,
and such fact constitutes and creates an emergenc?T and an argent
public necessity requiring that the rules providing that an
ordinance shall not go into effect 'until t1lirty (30) days after
its passage, 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 LL�assed as and shall
ta},e effect and be in force as an e°nergency .measure and shall be
in force and effect im{.ediately from and. after its passage.
PASSED AIJD AID -PROVED T is lOth da T of Dece-rber,
1951.
CITY (?',iiC I`l'r FAILS, `?'.XAS
M.
ATTEST:
City Clerk
APPROVED AS TO FOR,''I:
City Attorney.
Ia-lolr
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