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Ord 1580 10/29/1951ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF AUSTIN STREET AND PORTIONS OF SUNDRY OTHER STREETS AND AVENUE IN THE CITY OF WICHITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREETS AND AVENUE AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE THEREOF, AND DECLARING AN EMERGENCY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that the hereinbelow mentioned and described portions of streets and avenue in the City of Wichita Falls, Texas, be improved as follows: Each of the hereinafter enumerated and described portions of streets and avenue known and designated as Units Nos. 61, 620 75, 76, 83, 860 941 98, 100, 102, 104, 108, 110 and 111, be improved by raising, grading and filling same and by constructing (thereon a Six Inch Reinforced Concrete Pavement with integral curbs; The hereinafter described unpaved and unimproved portion of Burnett Street, known and designated as Unit No-. 682 be im- proved by raising, grading and filling same, by installing and constructing thereon curbs and gutters, where same are not already constructed, on proper grade and line, and by further constructing thereon a five inch concrete base with a brick surface; The hereinafter described unpaved and unimproved portion of Polk Street, known and designated as Unit No. 89, be improved by raising, grading and filling same, by installing and construct- ing thereon curbs and gutters, where same are not alre4dy con- structed, on proper grade and line, and by constructing thereon a Five Inch Concrete Base with a One and One-half inch Type "QW-Modified Asphalt Pavement Surface; All of the hereinabove described improvements be con- structed 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 contract for the making and constructing of such improvements was made and entered into with Stuckey Construction Company, a copartnership of Wichita Falls, Texas; said portions of streets and avenue being as follows, to wit: THE UNPAVED AND UNIMPROVED PORTION OF AUSTIN STREET which abuts Lot 6, Block 6, Jalonick Addition to the City of Wichita Falls, Texas, and being the east one-half of that portion of Austin Street abutting said Lot 6, known and designated as Unit No. 61; THE UNPAVED AND UNIMPROVED PORTION OF AUSTIN STREET which abuts Lots 4 and 5, Block 171, Original Townsite of the City of Wichita Falls, Texas, and being the west one-half of that portion of Austin Street abutting said lots, known and designated as Unit No. 62; THE UNPAVED AND UNIMPROVED PORTION OF BURNETT STREET which abuts Lot 6, Block 169, Original Townsite of the City of Wichita Falls, Texas, and being the west one-half of that portion of Burnett Street which abuts said Lot 6, known and designated as Unit No. 68; FIFTEENTH STREET, from the east property line of Lamar Street to the west property line of Scott Avenue, SAVE AND EXCEPT the area lying in and between and under rails, tracks, double tracks, turn -outs and switches and two feet on each side thereof, of any railway, street railway or interurban using, occupying or crossing said portion of Fifteenth Street, known and designated as Unit No. 75; THE UNPAVED AND UNIMPROVED PORTION OF FILLMORE STREET which abuts Lot 15, Block 108, Floral Heights Addition to the City of Wichita Falls, Texas, and being the southeast one-half of that portion of Fillmore Street abutting said Lot 15, known and designated as Unit No. 76; AVENUE J, from the west property line of Taylor Street to the east property line of Fillmore Street, known and designat- ed as Unit No. 83; THE UNPAVED AND UNIMPROVED PORTION OF LAMAR STREET which abuts Lot 13, Block 126, Original Townsite of the City of Wichita Falls, Texas, and being the east one-half of that portion of Lamar Street which abuts said Lot 13, known and designated as Unit No. 86; THE UNPAVED AND UNIMPROVED PORTION OF POLK STREET Which abuts Lot 5, Block 95, Floral Heights Addition to the City of Wichita Falls, Texas, and being the west one-half of that portion of Polk Street which abuts said Lot 5, known and designated as Unit No. 89; SEVENTEENTH STREET, from the east property line of Grace Street to the center line of the alley lying between Grace Street and Magnolia Street, known and designated as Unit No. 94; THE UNPAVED AND UNIMPROVED PORTION OF TAYLOR STREET which abuts Lot 16, Block 95, Floral Heights Addition to the City of Wichita Falls, Texas, and being the east one-half of that portion of Taylor Street which abuts said Lot 16, known and designated as Unit No. 98; THE UNPAVED AND UNIMPROVED PORTION OF TAYLOR STREET which abuts Lot 8, Block 1A, Highland Addition to the City of Wichita Falls, Texas, and being the west one-half of that portion of Taylor Street which abuts said Lot 8, known and designated as Unit No. 100; THIRTEENTH STREET, from the west line of the alley which lies in and between Scott Avenue and Lamar Street to the east property line of Travis Street, SAVE AND EXCEPT the inter- section of Thirteenth Street with Lamar Street, known and des- ignated as Unit No. 102; THE UNPAVED AND UNIMPROVED PORTION OF TRAVIS STREET which abuts Lot 4, Block 148, Original Townsite to the City of Wichita Falls, Texas, and being the west one-half of that portion of Travis Street which abuts said Lot 4, known and designated as Unit No. 104; THE UNPAVED AND UNIMPROVED PORTION OF TWELFTH STREET which lies in and between the west property line of Broad Street and a north prolongation across Twelfth Street of the east property line of Lot 9, Block 251, Collins Subdivision of the Original Townsite of the City of Wichita Falls, Texas, and being the south one-half of that portion of Twelfth Street within the ±i limits herein described, known and designated as Unit No. 108; i 3' Ii THE UNPAVED AND UNIMPROVED PORTION OF TWELFTH STREET which abuts Lot 5, Block 198, Original Townsite of the City of Wichita Falls, Texas, and being tie north one-half of that portion of Twelfth Street which abuts said Lot 5, known and designated as Unit No. 110; THE UNPAVED AND UNIMPROVED PORTION OF TWELFTH STREET which abuts Lot 19, Block 232 of the Gulley and Clark Subdivision of the City of Wichita Falls, Texas, and being the south one-half of that portion of Twelfth Street which abuts said Lot 19, known and designated as Unit No. 111; and, WHEREAS, estimates of the cost of the improvements 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 proper notice of the time, place and purpose of said hearing was given, and said hearing was had and held at the time and place fixed therefor, to wit, on the 29 day of October , A. D., 1951, at 7-30 of clock, P . M., in the Council oom in Memorial Auditorium in the City of Wichita Falls, Texas, and at such hearing the following protests were made, to wit; None protested that protested that protested that protested that i i protested that i - 3 - 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 ordered; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. Said 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 portions of streets and avenue, and against the owners thereof, and that such assessments and charges are right and proper, and are 3 substantially in proportion to the benefits to the respective 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 j 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 specially benefited in enhanced value to the said properties by means of the said improvements in the unit upon which the particular property abuts, 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 accordance with the law in force in this City and the proceed- ings of the City heretofore had with reference to said improve- ments, and is in all respects valid and regular. III. 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: - 4 - 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 assessment 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 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 charge against the 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 claims except 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 res ectively on or before ten (10) days, one (1), two (2), three Oy and four (4) years from the completion and acceptance of the improvements in the unit upon which the particular property abuts, and shall bear interest from the date of such completion 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 payable at the maturity of the installment so payable, so th4t upon the completion and acceptance 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 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 collect- ible, together with reasonable attorneyst fees and costs of collection, if incurred. VI. If default shall be made in the payment 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 -hall exercise all of its - 5- lawful powers to aid in the -enforcement and collection of said assessments. VII. 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 property 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 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 acceptance by the City of the improvements in each unit of improvement as the work in such unit is completed and accepted, 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 complet- ion and acceptance of the improvements abutting upon such prop- erty for which the certificate is issued, 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 description of same as so owned 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 such certificates, or the assessments levied. The certificates shall provide substantially that if I same shall not be paid promptly upon maturity, then they shall be collectible, with reasonable attorneyst fees and costs of collection, if incurred, and shall -urovide 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 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 FUTTn 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 i - 6 - paid upon presentation to him of such certificates so endorsed and credited; and such endorsement and credit shall be the Treasurerts 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 attorneys' fees, if incurred, have been paid in full. Said certificates shall further recite substantially that the proceedings with reference to making the improvements I 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 all of the matters recited in such cer- tificate, 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 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 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 may not be named, or may be incorrect-' ly 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 with all amendments thereto, has heretofore been incorporated in and made a part of the Charter of the City of Wichita Falls, Texas. XII. The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the improvements in one unit are in nowise related to or connected with the improvements in any other unit, and in making assessments and in holding said hearing, the amounts - 7 - assessed for improvements in one unit have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor in any other unit. XIII. The present condition of said portions of streets and avenue 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 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 immediately from and after its passage. PASSED AND APPROVED This day of , A. D., 1951. ' CITY OF WICHITA FALLS, TEXAS BY Mayor ATTEST: City Clerk APPROVED AS TO FORM: City A orney. - 8 -