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Ord 1555 3/12/1951 ORDINANCE CLOSING `SEARING AND LEVYING ASSESS"NIENTS FOR PART OF THE COST OF IMPROVING A PORTION OF PARK STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIKII`yG CHARGES AND LIENS AGAINST PROPERTIES ABUTTI ?G ON SAID PORTION OF PARK STREr T A!D AGAINST T iE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESS- IT AND THE ISSUAI3CE OF ASSIG 3A:=LE CERTIFICATES ,IN EVIDENCE T:'iEREOF, .0D DECLARING AN E`�'RGnTTCY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that the hereinafter des- cribed portion of Park Street in said City be improved by raising, grading and filling same, making and installing concrete curbs where not already installed on proper grade and line, and. by constructing thereon a six inch reinforced concrete paverrrent together with incidentals and appurtenances, including sidewalks and storm sewers and drains where same are shown and orovided for on the plans, all of which improvements are to be constructed where shown and in strict accordance with the plans and sr)eci- fications now on file with the City; and, WHEREAS, contract for the _taking and construction cf such improvements has heretofore been entered. into by and. between the City of Wichita Falls, Texas and Stuckey Construction Company; said ;portion of Par' Street being as follows, to wit: PARK STREET, from the :north line of Lot 14, Block 5, Boyd Subdivision of Granger Park Addition to the north property line of Flood Street, known and designated as Unit or District No. 10-1,; and, a WHEREAS, estimates of t11e cost of such improvements for said portion of Park Street were prepared and filed, and tune and place was fixed for hearing to the owners of abutting prop- erty, and to all others in anywise interested, and due and proper notice of the time, place and purpose of said n.ea,ring s, was given and said. hearing was had and held at the time and place fixed therefor, to wit, on the 12th day of March, A. D. , I! 1951, at 7-30 otclock, P . M. , in the Council Room in ; Memorial Auditorium in the City of Wichita Falls, Texas, and at +' such hearing the following protests were rt.ade, to wit: A/o w protested that i II ji fi protested that - 1 - protested that h protested that protested that 3 k protested that 1� i it protested that i i I!. 1. f' i' 11 protested that 2 - R 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; =REFORE, BE IT ORDAI'`IED BY THE BOARD OF ALDEM EN OF T_ 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 -orotests and objections, whether herein enumerated. or not, be, and the same are hereby, overruled. IZ. The Board of. Aldermen, from the evidence, finds that the assessments herein levied should be made and levied against the respective parcels of Droperty abutting upon said ,00rticr_ of Park Street and against the owners thereof, and that such assessments and charges are right and. ?,roper, and are substanti- ally in proportion to the benefits to the respective parcels of property by -neans of the improvements and establish 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 imcosed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the said proUerties by means of said improvements and for which assessment is levied and charge made, in a sum in excess of the said assess7ment 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 improvenents, 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 suns of Loney below mentioned and itemized shown opcosite the descri.Dtion of the respective parcels of property, and t'-ie several amolmnts assessed against the same, and t'lie owners thereof, as far as such owners are :sown, being as follows: i i IV. Where .:lore than one person, firm or corroration 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 -(Droperty, and. its, his or her respective interest in such property may be released fro-i the assessment lien upon payment of such proportionate sum. V. The several sums above 'aentioned and. a.sses: ed against the said parcels of _-,roperty and. the owners thereof, and interest thereon at the rate of six per centum (6 ') per annum, together with reasonable attorneysf 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 Nro-perty on .,Thich 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 prorertT 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 (J) and four (4) years from the coin-: letion and acce-;�tance of said improvements, and shall bear interest from the date of such com,-letion and acceptance at the rate of six per centiri (6 ) per annum, payable annually with each installment, provided, however, that any owner shall have the right to -,ay the entire assessment, or any installment thereof, before -iaturity, by payment of -principal and accrued interest, an�, --rovided further, that if default shall be made in the payment of any installment of principal or interest promptly as the same iala.tures, then, the entire amount of the assessment upon which sucri default is :Wade shall, at the option of Stuckey Construction. Com-pany, or its assigns, be and become immediately due and payable, and shall be collectible, together with reasonable attorneyst fees and costs of collection, if incurred. VI . If default shall be made in the -ayment of any assess- ment, collection thereof shall be enforced either by the sale of property by tlae Tax Collector and Assessor of the City of Wichita Falls, as near as possible, in the manner -Irovided for the sale of property for the non-paiim.ent 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 enforce_aent 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 Con- struction Company, or its assigns, shall look solely -o such property and the owners thereof, for the -payment of such by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorneys' fees, if incurred, have been Tpaid 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 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 -.:rain 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 VTichita 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 niistakes, 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 des- cribed, notwithstanding such owners may not be named, or may be incorrectly named. XI. The assessments herein levied are ,jade and levied under j and by virtue of the terms, powers and provisions of an Act passed at the First Called Session of tale 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 law has been adopted as an amendment to and made a part of the Charter of the City of Vichita Falls, Texas. i XII. The present condition of said portion of Park Street, known and designated as Unit or District No. 10-A, 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 .hermit and the construction of said improvements is being relayed per�d.9_ng the taking effect of this ordinance and such fact constitutes i - 6 - I and creates an emergency and an urgent public necessity requiring that the rules Drovid_ing 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 its passage be suspended and that this ordinance be ?gassed as and take effect as an emergency measure, and such rules are accordingly suspended and this ordinance is Dassed 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 fi�?D APPROVED This 12th day of March, A. D. , 1951. I CITY OF WIC HITA FALLS, TEXAS BY ATTEST: Mayor t p City Clerk APPROVED AS TO FORM: City Attornf. I I i I i 7 - THE STATE OF TEYJ S COUNTY OF WICHITA On this, the 12th day of March, 1951, the Board of Aldermen of the City of Wichita Falls, Texas, in the above mentioned County, convened in _ regular session, in the regular meeting place in said City, the following members thereof, to wit: Harold Jones , Mayor Lloyd Thomas , Alderman Roy W. Parish Ald erm:.an J. R. Ray , Alderman R. A. , Alder-man R. J. Brown , Alderman J. B. F.ickerson , City Clerk Frank Wood , City '"anager J. Walter Friberg , City Attorney being present and passed the following ordinance: ORDINANCE CLOSING :SEARING AND LEVYING ASSESS , NTS F PART OF THE COST OF IMPROVING A PORTION OF PARK STREET IN TiiL CITY OF WICHITA FALLS, TEXAS, FIXING CN�RUES AND LIENS AUAINS. PROPERTIES ABUTTING ON SAID PORTION OF PARK STREET A11D AGAT_NS2 THE OWNERS TiIEREOF, PROVIDING FOR THE COLL 'CTIOA; OF SUCF ASSES, MTEiiTS AND THE ISSUANCE OF ASSIGI.IABLE CERTIFICATES IN EVIDE?',iCE THEREOF, AND DECL.I RING AN E ERGENCY. Alderman Thomas moved that the ordinance be placed on its first reading; seconded by Alderman Parish — and carried by the following vote: AYES: Thomas, Parish, Ray, Putman and Brown I I NAYES: None. CARRIED: Ordinance placed on first reading. Alderman Ray moved that the ordinance pass first reading; seconded by Alderman Liman And carried by the following vote: AYES: Thomas, Parish, Ray, Putman and Brown NAYES: None. CARRIED: Ordinance passed first reading. Alderman Broom moved that the rules be suspended and that the ordinance be placed on second reading; seconded by Alderman Thomas and carried by the following vote: AYES: Thomas,, Parish., Ray., Putman at? Broom. i y NAYES: None. CARRIED: Ordinance placed on second reading. Alderman Barish moved that the ordinance pass second reading; seconded by Alderman Ray and carried by the following vote: AYES: Thomas,, Parish, Ray, Putman and Brown. NAYES: None. CARRIED: Ordinance Passed second reading. Alderman Putman moved that the rules be suspended and that the ordinance be placed on third and final reading; seconded by Alderman Brown and carried by the following vote: AYES: Thomas,, Parish., Ray,, Putman and Brown. I; NAYES: None. CARRIED: Ordinance placed on third reading. Alderman Thomas moved that the ordinance !; pass third and final reading and be finally adopted; seconded by I Alderman Putman and carried by the following vote: AYES: Thomas, Parish, R4r,, Putman and Brown. �4 i NAYES: None. CARRIED: Ordinance ,passed third and final reading. The Mayor then declared the Ordinance finally passed_. i The Ordinance follows: