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Ord 1569 7/23/1951 ORDINANCE NO. 1569 ORDINANCE CLOSING NEW HEARING AND LEVYING ASSESSTIENTS FOR PART OF THE COST OF IMPROVING PORTIONS OF BELL STREET AND JUAREZ STREET IN THE CITY OF WICHITA FALLS, TEXkS, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREETS 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 each be improved by raising, grading and filling same and by installing and constructing thereon concrete curbs and gutters where not already constructed on proper grade and line, and by paving same with a Type "Q"-Modified Asphalt Pavement on crushed conglomerate flexible base, together with incidentals and appurtenances, including storm sewers and drains, as and where shown on the Plans and in strict accordance with the Plans and Specifications now on file with the City; said portions of streets being as follows, to wit: BELL STREET, from the south curb line of Avenue "C" to the north property line of Avenue "D", known and designated as Unit No. 28; JUAREZ STREET, from the east property line of Redwood Avenue to the west property line of Rosewood Avenue, known and designated as Unit No. 45; and, WHEREAS, estimates of the cost of the improvements in each unit were prepared and filed, and time and place was fixed for new 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 new hearing was given, and said new hearing was had and held at the time and place fixed therefor, to wit, on the 23rd day of Ju7�r , A. D. 1951, at 8 o1clock, 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: None protested that protested that - 1 - and said new 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 new 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 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 portions of streets and against the owners thereof, and that such assess- ments and charges are right and proper, and are substantially in proportion to the benefits to the respective parcels of prop- erty 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 prop- erties, and between all parties concerned, considering the benefits received and burdens imposed, and further finds that in each case the abutting property assessed is specially benefit- ed 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 proceedings of the City heretofore had with reference to said improvements, 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: _ 3 _ 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 Tien 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 (60) per annum, together with reasonable attorneyst 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 (3 and four (/a) 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 (60) per annum, payable annually with each installment, so that upon the completion and accept- ance of the improvements in the 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 inter- est 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 assessment, collection thereof shall be enforced either by the sale of prop- erty by the Tax Collector and ssessor of the City of Wichita ! Falls, Texas, as near as possitle, in the manner provided for j the sale of property for the non-payment of ad valorem taxes, or at the option of Stuckey Construction Company, or its assigns, ; e' 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. 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 Construction 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 accept- ance by the City of the improvements in each unit of improvement 4s the work in such unit is completed and accepted, which cer- tificates shall be executed by the Mayor in the narle 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 'Known, the des- cription 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 same shall not be paid promptly upon maturity, then they shall be collectible, with reasonable attorneyst fees and costs of col- lection, 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 payment on any demand for the same, and the Collector of Taxes shall deposit the sums 4 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 FUND", and when any pay- ment 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 thereony 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 Treasurerts Warrant for making such payment. Such payments by the fl t Treasurer shall be receipted for by the holder of such certifi- cate 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. Said certificates shall further recite substantially that the proceedings with reference to making the improvements 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 in- correctly 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. i 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 the other unit, - 6 - and in making assessments and in holding said hearing, the amounts 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 the other unit. XIII. The present condition of said portions of streets 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 requir- ing 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 i BY_ ATTEST: Mayor City Clerk APPROVED AS TO FORM: City Attorney. i' - 7 -