Ord 1536 9/11/1950 ORDINANCE NO. 1536
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING PORTIONS OF GALVESTON
STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES
AND PUBLIC PLACES IN THE CITY OF WICHITA FALLS, TEXAS,
AWARDING AND APPROVING CONTRACT FOR THE IMPROVEMENTS,
ORDERING THE EXECUTION THEREOF, FIXING CHARGES AND
LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF
STREETS, AVENUES AND PUBLIC PLACES 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 each of the hereinafter
!; mentioned and described portions of streets, avenues and public
i' places in said city, known and designated as Units Nos. 15, 17,
lg, 20, 21, 22 and 23, be improved by raising, grading and
3' filling same and constructing thereon a six inch reinforced
ii, concrete pavement with monolithic curb constructed integrally;
each of the hereinafter described portions of Galveston Street
jeand Brook Avenue, known and designated as Units Nos. 16 and 19,
': respectively, be improved by widening and by raising, grading
;' and filling said widened portions and by constructing on said
widened portions a six inch reinforced concrete pavement with
=monolithic curb constructed integrally; and all of the unpaved
jportions of the hereinafter described portion of Twelfth Street,
" known and designated as Unit No. 214, be improved by raising,
" grading and filling any and all unpaved and unimproved portions
; and by constructing on such unpaved and unimproved portions a
inch reinforced concrete pavement with monolithic curb
{; constructed integrally; all of which said improvements were
'' ordered constructed together with incidentals and appurtenances,
!' including sidewalks, storm sewers and drains as and where shown
°on the Plans and in strict accordance with the Plans and Spec-
iifications now on file with the City; said portions of streets,
iavenues and public places being as follows, to wit:
GALVESTON STREET, from the west edge of the Virginia
;;Street paving to the west property line of Mississippi Street,
,known and designated as Unit No. 15;
GALVESTON STREET, from the west property line of
;;Mississippi Street to the east curb line of Mill Street, known
;;and designated as Unit No. 16;
VAN BUREN STREET, from the south property line of Fifth
;;Street to the north property line of Sixth Street, known and
:designated as Unit No. 17;
k
BROOK AVENUE, from the south curb line of Fifth Street
!'to the south property line of Trueheart Street, known and
!ldesignated as Unit No. 18;
i�
BROOK AVENUE, from the south property line of Trueheart
Street to the north curb line of Seventh Street, known and
designated as Unit No. 19;
KEMP BOULEVARD, from the north property line of Avenue U
to the north right-of-way line of the Wichita Valley Railway,
known and designated as Unit No. 20;
KEMP BOULEVARD, from the south property line of Ninth
Street to the north property line of Tenth Street, known and
designated as Unit No. 21;
DENVER AVENUE, from the south curb line of Fifth Street
to the north property line of Seventh Street, known and designat-
ed as Unit No. 22;
AVENUE K, from the west property line of Monroe Street
to the east property line of Polk Street, known and designated
as Unit No. 23;
THE UNPAVED AND UNIMPROVED PORTIONS OF TWELFTH STREET
lying in and between the center line of Lamar-Travis alley and
the east property line of Austin Street, known and designated as
Unit No. 24; which said unpaved and unimproved portions are
more full described as being
(a} The north one-half of that portion of Twelfth
Street lying between the east property line of Travis
Street and the center line of the alley between La,-..ar
Street and Travis Street; and
(b) The south one-half of that portion of Twelfth
Street lying between the west property line of Travis
Street and the east property line of Austin Street;
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
28th day of August , A. D. , 1950, 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 made, to wit: None
Drotested that
protested that
i
protested that
j
2 -
protested that
protested that
protested that
protested that
protested that
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, avenues and public places 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
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, 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 par-
ticular 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.
ITT.
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
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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
1! her pro rata of the total assessment against such property in
h proportion as its, his or her respective interest bears to the
total ownership of such property, and its, his or her resvect-
E ive interest in such property may be released from the assessment ,'
lien upon payment of such proportionate sum.
it
V.
Formal contract having been submitted to the City and
having been examined and found to be in all matters and things
i correct and proper, same be, and is hereby, adopted and approved. '
VI.
The work of making and constructing such improvements and
! contract therefor is hereby awarded to Stuckey Construction
Company, which said contract is dated this date and is on file
with the City and has heretofore been executed by Stuckey Con-
struction Company and the City Manager is authorized and directed ;
to execute same in the name of the City of Wichita Falls, Texas,
and the City Clerk is authorized and directed to attest same and
impress thereon the corporate seal of said City.
VII.
The several sums above mentioned and assessed against the
!I said parcels of property and the owners thereof, and interest
thereon at the rate of six per centum (6%) 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
is 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 uaramount
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 respect-
ively on or before ten (10) days, one (1) , two (2) , three (3)
and four (/+) 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 with each installment, so that upon the com-
pletion 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 pay-
able, and shall be collectible, together with reasonable
attorneys ' fees and costs of collection, if incurred.
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VIII.
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 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 f said
competent ju.risdict shall b enforced
ion, andsaidCity d by suit in y shall exercise all of court its
lawful powers to aid in the enforcement and collection of said j
j assessments.
IX.
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 property
and the owners thereof, for the payment of such assessments, but
li 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.
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�! X.
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.
XI.
I i
For the purpose of evidencing the several sums assessed j
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
I 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 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 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
it 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 leviedi
The certificates shall provide substantially that if same
shall not be paid promptly upon maturity, then they shall be
j collectible, with reasonable attorneys ' fees and costs of collect
i' ion, if incurred, and shall provide substantially that the amount;
evidenced thereby may be paid to the Collector of Taxes of the
a
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!' City of Wichita Falls, Texas, who shall issue his receipt there-
for, 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
11 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
i 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;i,
and such endorsement and credit shall be the Treasurerts Warrant
for making such payment. Such payments by the Treasurer shall be
ii receipted for by the holder of such certificate in writing and by
surrender thereof when the principal, together with accrued
interest and all costs of collection and reasonable attorneysf
i
fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that
11 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
r owners thereof have been performed, and such recitals shall be
prima facie evidence of all of the matters recited in such certi-
ficate, and no further proof thereof shall be required in any
i c our t.
The said certificates may have coupons attached thereto in
evidence of each or any of the several installments thereof or
i
may have coupons for each of the first four installments, leaving
'. the main certificate to serve for the fifth installment, which
it coupons may be payable either to Stuckey Construction Company, or i
its assigns, or to the bearer, and may be signed with the fac-
simile 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
a; requested so. to do, to aid in the enforcement and collection
thereof, and may contain recitals substantially in accordance with
j 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
II assessments or in the certificates issued in evidence thereof, is,
in accordance with the law in force in this City, vested in the
City.
XII.
All assessments levied are a personal liability and charge
4 against the real and true owners of the premises described, not-
withstanding such owners may not be named, or may be incorrectly
named.
XIII.
If
i! The assessments herein levied are made and levied under and
ji 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 Civil Statutes.
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XIV.
The assessments so levied are for the improvements in the
i 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 assessed for improvements in one unit have been in
nowise affected by any fact in anywise connected with the im-
provements or the assessments therefor in any other unit. I
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XV.
The present condition of said portions of streets, avenues
and public places 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 improvementsE
is being delayed pending the taking effect of this ordinance and
G 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
'j that the ordinance shall not go into effect until thirty (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 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 passagle.
PASSED AND APPROVED This 11th day of September ,
A. D. , 1950.
l
+l CITY OF W C:" ITA FALLS, TEXAS
B
ATTEST: Mayor
�i City Clerk
j APPROVED AS TO FORNI: I
/ /
J
I
�-G.-l.. ... I
City Attorney.
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s.
i1 THE STATE OF TEXAS .
COUNTY OF WICHITA
On this, the llth day of September , 1950, the
ity of W
Board of Aldermen of the amichita Falls, Texas, in the
above mentioned County, convened in regular lace in
session, in the regular meeting P
said City, all members thereof, to wit:
Harold Jones, Mayor
L. R. Abbott, Alderman
J. R. Ray, Alderman
Lloyd C. Thomas, Alderman
Akdommm
Roy W. Parish, Alderman
R. J. Brown, Alderman
J. B. Hickerson, City Clerk
Frank Wood, City Manager
John B. Rhea-' City Attorney
being present and passed the following ordinance:
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR
PART OF THE COST OF IMPROVING PORTIONS OF GALVESTON STREET AND
PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN
THE CITY OF WICHITA FALLS, TEXAS, AWARDING AND APPROVING CONTRACT
FOR THE IMPROVEMENTS, ORDERING THE EXECUTION THEREOF, FIXING
CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS
OF STREETS, AVENUES AND PUBLIC PLACES 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.
Alderman Abbott moved that the ordinance
be placed on its first reading; seconded by Alderman
R J Brown and carried by the following vote:
AYES: Aldermen Abbott, Ray, Thomas Parish R. J. Brown
NAYES: None.
CARRIED: Ordinance placed on first reading.
Alderman Ray moved that the ordinance
pass first reading; seconded by Alderman R J. Brown and carried by the following vote:
AYES: Aldermen Abbott; Rav, Thomas, Parish and R J. Brown
NAYES: None.
f' CARRIED: Ordinance passed first reading.
Alderman a . _ moved that the rules be
suspended and that the ordinance be placed on second reading;
seconded by Alderman R, __J=`jBrown and carried by the
following vote:
AYES: Aldermen Abbott, Ray, Thomas, Parish, and R. J. Brown
NAPES: None.
CARRIED: Ordinance placed on second reading.
Alderman Thoomas moved that the ordinance
pass second reading; seconded by Alderman Abbott
and carried by the following vote:
AYES: Aldermen_ Abtgtf- &y, Thomases, Pari s _ and R.J.-Brown
NAPES: None.
CARRIED: Ordinance passed second reading.
Alderman Ray moved that the rules be
suspended and that the ordinance be placed on third and final
reading; seconded by Alderman Thomas and
carried by the following vote:
AYES: Aldermen Abbott, Ray. Thomas. Parish,_and R.J. Br=
NAYES: None.
CARRIED: Ordinance placed on third and final reading.
Alderman Ry moved that the ordinancd
pass third and final reading and be finally adopted; seconded by
Alderman Thomas and carried by the following vote:
AYES: Aldermen Abbott, Rax,__Thgmas. Parish and R. J. Rrrown—._
NAYES: None. r
I
j CARRIED: Ordinance passed third and final reading.
j
The Mayor then declared the Ordinance finally passed.
The Ordinance follows: