Ord 1561 5/28/1951 ORDINANCE NO. 1561
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ORDINANCE CLOSING iEARII',G AND LEVYli,NG ASSESS:'EN!TS
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FOR PART OF TrE COST OF IIIPROVING A POBTIO1 OF
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BELL STREET AND PORTIONS OF SIMDRY OTHER STREETS
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AND AVEdUES IN T CITY OF WICHITA FALLS, TEXAS,
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FIXI vG CHARGES AND LIENS AGAINST PROPERTIES ABUTTIiuG
ON SAID PORTIONS OF STREETS AND AVENUES A'-,ND AGAIINST 9
THE OWNERS THEREOF, PROVIDIiNG FOR THE COLLECTION OF
j SUCITI ASSES S-iE NTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDE1uCE THEREOF, AID DECLARING
AN EI IERGEdCY.
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' 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 avenues each be
jI 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 conglomerat6
� flexible base, together with incidentals and appurtenances,
j 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 and avenues
II being as follows, to wit: !
H BELL STREET, from the south property line of Avenue ttEtt
!' to the north property line of Avenue ttGtt, SAVE AND EXCEPT the
�$ intersection of Bell Street with Avenue 'IF" , known and designated
j' as Unit No. 27;
BLUFF STREET, from the north property line of Fourth
Street to the north property line of Sixth Street, %nown and
designated as Unit No. 29;
±� CHEROKEE STREET, from the south property line of
Speedway Avenue to the north curb line of Woodrow Avenue, known
j, and designated as Unit No. 33;
�j WOODROW AVEIv'UE, from the east Nronerty line of Cherokee
j Street west a distance of 160 feet to the existing paveAment,
known and designated as Unit No. 3G.;
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AVENUE 'IF", from the east property line of Britain
Street to the west property line of Iarrison Street, mown and
designated as Unit No. 35;
j FIFTH STREET, from the west property line of Travis
Street to the east property line of Burnett Street, SAVE AND
{� EXCEPT the intersection of. Fifth Street with Austin Street, i
i� known and designated as Unit No. 36;
NORTH FIFT11 STREET, from the west edge of the pave7?ent
I� on North Broadway to the east curb line of Grand Avenue, known
and designated as Unit No. 37;
FOURTH STREET, from the west curb line of Bluff Street
to the east curb line of Broad Street, known and designated as
Unit No. 39;
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AVENUE "I", from the west rroperty line of Taft Street
to the east property line of Monroe Street, 11mown and designated
as Unit N0. 42;
McGREGQR AVENUE, from the west property line of Holliday
Road to the west property line of Grace Street, 'mown and �
designated as Unit No. 46;
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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 o�mers of abutting property, and to all others
in anywise interested, and due and proper notice of the time,
Ij place and purpose of said hearing was given, and said nearing wasi
I had and 'Held at the time and place fixed t1aerefor, to wit, on the
28 day of May , A. D. , 1951, at 8 otclock,
P M. , in the Council Room in Memorial Auditoriut in the City
! of Wichita Falls, Texas, and at such hearing the following
protests were made, to wit:
} None Drotested that
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protested that
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protested that
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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 f
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; T �EREFORF,
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BE IT ORDAI1ED BY THE BOARD OF ALDER� E3 OF THE
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CITY OF WICI-IITA FALLS, TEXAS, THAT:
Said hearing be, and the same is hereby, closed and the
11 said protests and objections and any and all other protests and
objections, whether herein enumerat4.d or not, be and the same
are hereby, overruled.
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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
!I 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 respective
111 parcels of property by means of the improvements in the unit j
i 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- I
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
1 means of the said improvements in the unit upon which the
particular property abuts, and for which assessment is levied
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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- 1
ings of the City heretofore had with reference to said im-rovements,
1 and is in all respects valid and regular.
I� There shall be, and is hereby, levied and assessed
Iagainst 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 6
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:
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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 -crop-
1 erty in proportion as its, his or her respective interest bears
I 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
1 interest thereon at the rate of six per centtLm (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 E
such assessments are levied, and shall be a first and paraYnovtnt
lien thereon, superior to all other liens and clai_:,s except t
State, County, School District and City ad valorem taxes .
The surds 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 (3)
j+ 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 (65) per annu ,
payable annually with each installment, so that upon the com-
pletion and acceptance of the improvements in the )articular
it unit, assessments against such completed and accepted unit shall
j be and become due and payable in such installments, and with
interest from the date of such completion and acceptance.
j Provided, however, that any owner shall have the right to ?gay
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 promr•tly as the
same ;natures, then, the entire amount of the assessment upon
which such default is made shall, at the option of said Con-
tractor 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.
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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 Fg11s, as near as possible, in the ;.Wanner 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
i all of its lawful powers to aid in the enforcement and collection
it of said assessments.
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VII. I
The City of Wichita Falls shall not in any manner be j
liable for payment of the sums hereby assessed. against any j
property, or the owners thereof, but the said Stuckey Construct-
ion J. Company, or its assigns, shall look solely to such property
and the owners thereof, for the payment of such assessrrer_ts, ,
j but the City of Wichita Falls shall exercise all of its lawful
rowers to aid in the enforcement and collection of said liens
and sums and personal obligations.
I� VIII .
The total amount assessed against the respective parcels '
j of abutting property and. the owners thereof, is in accordance I
with the proceedings of the City relating to said i;nprove«ents
and assess-?cents therefor, and is less than the proportion of
the cost allowed and permitted by tie law in force in the Cittr.
IX.
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For the purpose of evidencing the several suTtis assessed E
'i against the respective parcels of abutting property, and the
owners thereof, and the time and terms of payment, and to aid.
in the enforcement tniereof, 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 accented, which cer-
tificates 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 Con-
struction Company, or its assigns, and shall declare tt.e said
!� amounts, time and terms of payment, rate of interest, and the
date of completion and acceptance of the improvements abutting
i h the certificate is issued, and shall
upon such property for whic
contain the name of the owner or owners, if known, the des-
j cription of the property by lot and block number, or. - feet
thereof, or such other description as may otherwise identify the
is 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 rroperty,
6 or in giving the nave of the owner, shall invalidate or in any-
ii wise impair such certificates, or the assessments levied. i
The certificates shall provide substantially that if
same shall not be paid promptly upon maturity, then they small
be collectible, with reasonable attorneys' fees and costs of
j, collection, if incurred, and shall provide substantially that
the amounts evidenced thereby ,ray be paid to the Collector of
IE 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
II the sums so received. by him forthwith with the City Treasurer to
i; be kept and held by him in a separate fund hereby designated as
STUCKEY CONSTRUCTION COMPANY STREET IMPROVE IENT FITTtD, and when
any payment shall be -made to the Tax Collector upon such certi-
ficate he shall, upon presentation to him of the certificate
�I 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
i� 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
j� certificate in writing and by surrender thereof when the prin-
cipal, together with accrued interest and all costs of collCetion
f and reasonable attorneys t fees, if incurred, have been Y,aid in
li full.
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Said certificates shall further recite substantially
that the proceedings with reference to making the improvements
to which the particular certificate relates, have been regularldT
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 perforD11ed, and such recitals shall be
prima facie evidence of all of the matters recited in sucri
certificate, and no further proof thereof shall be required in
i 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 install-ment,
which coupons may be payable either to Stuckey Construction
I: Company, or its assigns, or to the bearer, and may be signed
with the facsimile signatures of t7ae i,ayor and City Clerk.
The said certificates shall further recite that the City ]
of Wichita Falls shall exercise all of its lawful oowers, when F
requested so to do, to aid in the enforcement and collection
thereof, and may contain recitals substantially in accordance
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with the above and other additional recitals pertinent or
appropriate thereto; and it shall not be necessary that the j
recitals be in the exact fora above set forth, but tle substance
Hereof shall be sufficient.
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Full power to make and levy reassessments and to correct
i 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 tis City, vested in the
the City.
X.
All assessments levied are a. personal liability and
charge against the real and true owners of the premises des-
cribed., notwithstanding such owners may not be named, or may
be incorrectly named.
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XI.
The assessments herein levied are wade 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 Vernon' s Texas
I� 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 im-orovements in one unit are in nowise
related to or connected with the improvements in any other unit,
j and in making assessments and in holding said hearing, the "
amounts assessed for improvements in one unit have been in nowisel
affected by any fact in anywise connected with the improve'n?ents
or the assessments therefor in any other unit.
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XIII.
The Dresent condition of said portions of streets and
avenues to be improved endangers health and safety and the
improvement of same constitutes an urgent rublic need for the
preservation of peace, health and safety -f property and it is
necessary that said i_-wrovements 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 t'a{is 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 ,ieasure
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
ATTEST: Mayor — -
City Clerk
APPROVED AS TO FOR14:
City Attorney.
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oF.DINANCE N0. 1561
THE STATE OF T EX.FiS
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COUNTY OF WICHITA
On this, the 28 day of May _, 1951, the
Board of Aldermen of the City of Wichita Falls, Texas, in the
I above mentioned County, convened in "af"11
session, in the regular meeting
place in said City, the following members thereof, to wit:
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Harold Jones _ _ , T,,TAYOR
R. P. Willis___-. , ALDER"IATV
Lloyd Thomas , ALDFR',AN
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J. R. Ray , ALDEF'4Alti
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J. Paul Montgome7 , ALDER_`1AT1T
ALDER _`AI
J. B. Hickerson CITY CLERK
Frank Wood , CITY '-.-',A-71k GE
J. Walter Friberg _ , CITY ATTORTIEY
being present and passed the following ordinance:
ORDINANCE CLOSIITG HEARING AND LEVYING ASSESST`ETTTEll FOR
PART OF THE COST OF IMPROVIIM A PORTION OF BELL STREET ATNaD
PORTIONS OF SUNDRY OTHER STREETS AND AVENUES IN THE CITY OF
j WICH1ITA FALLS, TEXAS, FIXING CHARGES AND LIENS AGAINST
PROPERTIES ABUTTING ON SAID PORTIONS OF STREETS ACID AVEETTUES AND
AGAINST THE Ot�ITERS THEREOF, PROVIDING FOR T,,iF COLLFCTION OF SUCH
j, ASSESS111ENTS AND THE ISSUANCE OF ASSIGIyABLE CERTIFICATE'S IN
i EVIDENCE TI�EREOF, AN
D DECLARING AN E ERGE IiCY.
Alderman Thomas moved that the
ordinance be placed on its first reading; seconded by Alderman
Willis _ and carried by trie following vote:
j AYES: Aldermen Willis, Thomas, Ray and 11ontgomegy —
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i� NAYES: None.
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CARRIED: Ordinance -olaced on first reading.
Alderman Willis moved that the
ordinance pass first reading; seconded by Alderman
ThnToa�� _� and carried by the following vote:
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1 AYES: Aldermen Willis, Thomas, Ray and Montfzomery
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PvAYES: done.
CARRIED: Ordinance passed first reading.
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Alderman Willis _ moved that the rules
be suspended and that the ordinance be placed. on second reading;
seconded by Alderman Ryy r and carried by
the following vote:
AYES: Aldermen Willis, Thomas, Ray and Montgomery
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NAYES: None.
CARRIED: Ordinance placed on second reading.
Alderman Thomas _ _ moved that the
ordinance pass second reading; seconded by Alderman
�3av and carried by the following vote: '
AYES: Aldermen Willis. Thomag, Ray and Ilontgogagry
NAYES: none.
CARRIED: Ordinance passed second reading.
Alderman Ray moved that the rulesi
be suspended and that the ordinance be placed on third and final
reading; seconded by Alderman Montgomery and
carried by the following vote:
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AYES: Aldermen Wil-►is., Thomas. Ray and Montgomery
NAYES: None.
j CARRIED: Ordinance placed on third reading.
Alderman Thomas moved that ttiie
ordinance pass third and final reading and be finally adopted;
seconded by Alderman Wilk, and carried
by the following vote:
AYES• Aldermen Willis, Thomas, Ray and. Montgomery
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NAYES : None.
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f CARRIED: Ordinance passed third and final reading.
The Mayor then declared the Ordinance finally passed.
�� The Ordinance follows: