Loading...
Ord 1527 7/26/1950 f /f ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF SULLIVAN STREET AND A PORTION OF ROBERTS AVENUE IN THE CITY OF WICHITA FALLS, TEXAS, AWARDING AND APPROVING CONTRACT FOR SAID I11PROVEMENTS, AS WELL AS FOR THE IMPROVEMENTS ON A PORTION OF TEXAS & ROSEWOOD STREETS Id SAID CITY, ORDERIIG THE EXECUTION THEREOF, FIXING CHARGES AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREET 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 EMERGE1ICY. WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore ordered that the hereinbelow mentioned and described portion of Sullivan Street in said City be improved by raising, grading and filling same and by install- ing concrete curbs and gutters where same are not already in- stalled on proper grade and line, and by constructing thereon a Seven Inch Crushed Stone Flexible Base Course with One and one-half Inch Texas State 1iighway Department Type Q-Modified- Asphaltic Pavement, and the hereinbelow mentioned and described portion of Roberts Avenue in said City be improved by install- ing concrete curbs and gutters where same are not already installed on proper grade and line, by leveling up the existing surface and by resurfacing said existing surface with Texas State Highway Department Type-C -Modified-Asphaltic Concrete; all of said improvements to be constructed together with incidentals and appurtenances, including concrete sidewalks and storm sewers and drains where same are shown and provided for on the Plans; all of which said improve_-�ients are to be constructed where shown and in strict accordance with the Plans and Spec- ifications now on file with the City; said portion of street and i avenue being as follows, to wit: i j SULLIVAN STREET from E. property line of Redwood to West curb line of Rosewood, l.nown and designated as Unit or District "To. 13; ROBERTS AVENUE from W. property line of Van Buren to E. property line of Sunset Dr. , known and designated as Unit or District No. 14; and, WHEREAS, estimates of the cost of the im-^rovements in each unit or district were prepared and filed, and tir_e and place was fixed for hearing to the owners of abutting property, and to all others in anywise interested, and due and ;roper notice of the time, place and purpose of said nearing was given, and said hearing was had and held at the time and place fixed therefor, to wit, on the 26th day of June, A. D. , 1950, at 7 o t clock P. M. in the Council Room in ?she-.:aorial L.ud itorium - I - 11 I 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 i i protested that i protested that I protested that 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; THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERT-rFN 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 street and avenue and against the owners thereof, and that such assessments and charges are right and proper, and are substant- ially in proportion to the benefits to the respective parcels of property by means of the improvements in the unit or district 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 spec- ially benefited in enhanced value to the said properties by means of the said improvements in the unit or district upon which the particular property abuts, and for which assessment is levied and charge made, in a sum in excess of the said assess- ment and charge made against the same by this ordinance, and further finds that the apportionment of the cost of the improve- ments 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. I� 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 - `0 a 3 n m > z _C z z a; 0 = UI a m 71 a N m 3 D N z i O 0 ct a 4p �• G N o N• Co o o H✓ 90 c+ O CDo hi Id Ftj R ct R a 0 F�• t3 W P O tt 0 N p N m ct a zz+ �l td g rY G ct CC O Cil A R 4P --_ • O 00`- U O 0 � � ci-i- • • • ci- 0 -4 • ri 0 0 0 0 c im N a C<14 ct z m N o N o 0 0 ►� P N CD wT 1 a ` U N WU — - D cD O G O O < LV O O L19 O 'tj o G) z O 0- -- -- - � C c+ o i N N 0 Z ? Cv M N � n c _ -� -� m I ° a r N i 1 co x • �• �• ct p y NN � x '� m Q7 C-4 0 (D RI f0cl ;I m 2 n > �6 0) n n { O O "1 D U) jh •ca 13• m ct ct v• N r I N I h E �' c3 0 �' n P � z o N C) z Q H H I = y � m m C4 --_ --- ----- I c ym m p z NC 0 0 O O 0 O 800 0Q i 1 •n F-' 1-•' F J 1—' N • • • • a O� m ~ N N N N N O N N N 0 'n Z' o o 0 8 0 0 fll 0Z - - rM { ? m m `� U) 0 m ;rn N v -%3 --Q -j • • • • • • • • ♦ • _ • • _ • p O 0 0 O 0 0- OLL 0 - 00 0 0 (O 0 O O 0 'd P. O O rJ' N O SP CV, _ice4 �i� A m c� 0 o ►b ct m -� o a � m z Z a m mco r w Y y •V 1 IM f (A C 9 - -- - -- -q Z till :E: m 0 X k o C+Iso 3 N t N ►-� a oo F- 0 b w � r N P. k !D rNv rNv N �' N 0 a f v 0 •� ( Z O m � b H 0 � b a 'gym m ct ct c+ ct c+ c+ c+ cot c+ C) s' ct _--_- - m- = t-' rQ W ON O O O iIQ O p O \Nn N "o m %0 04 H {� N W N N N CT C\ _ y .ZDo o N o o o vN, N N 0 m - - N m r M vv m CO i W -i Gn —� o C cn i m II -- -- -- — 0 0 0 1CY\'H �1 �1 N W r • N ' W N N N • C3\ CT` C N 0 O O H' O O p yNr N N '� T D 3 � 3 n -gyp m :i A z _< z 0 O G) z = 0 � M t U) a m a m m -� z � a N r 0 1 � rn z t� o r r � a cn v° o —f z o to ci m � ct : -jm a' m C CD mo t � � co fD ~ I > m O Z R1 ? C 0 U) k Q T -� m �!! 0 if N 0 W a O N � D 3 n '0 m 4 > Z 0 0 z = n '`r, �= D m a 0 m -� z D N r 1-3 o �) x (A �- p 00 ct F(D CD P. :d 0 � a - — -- -- -- _ - --- - = O _ - - -_-_ _ R y-- _w--- O ct ci � m 0R to N• R�� 7C — — _ _ -- E'•-_- 1 CD ct a a- PC . o CD �+ t� v m H v H H d I-d (DD =1 H CD N• m m c -c a CD U1 :i c m ct ti Q (D ct (D O 0 -4 ct ct O O G) HO _ m N o z O 1P i — -- CD O 0- ct v: I CD O to -- f-+ O U P m . . z ffi iI. O In - O O 0 O - - -- --- - - -- i N N 0 m r - - -- m -- m m r. ? co m N n O 0 0 - — -NI it T tO ►b m x m > "i z r z 0 ° 0 P -� m x - o o Z o c+ t-� g .� ct m N m z = C) > 3: M • r D m D LI) r m m x Vt NVt Vt D O Vt O O N .� - -0 r ..� ON �, M ~' r z N N 0o O IM F-' r 0 1-i '"Zi I'mi 12-j mi m Im 0 0 0 o D D H ~ a m m Dx cD mD x x o cat Ct cam+ ct Z O b co co D rO to a ct co m = H '"Zi co Cl) '-4 ILJ Imi 0) j cn zj PM lij N N A P. P. P. P. Q , z m m ct m m m a m c) m -�1 to O O O O 0 r .�, r. r. .� r O •�1 l O � Q� ()Q m O .0 m o� w ~ o CO. rn °off 0 00 0 C - D 0 N N OZ - — --- _ - � _ :u r" m 2Nv ~ O 0 - � 0 -1 � v� vt 0 0 O O 0 0 O i o0 - r r r. .�. r �♦ , r r r r. r. r. r r r DD H r © Vt 0 O o O o C uT1 i 0O O O O q m0 0 O m I w w N !-' 0 � � r Vet OQ N I-jO 01\ n i 0 00 0 0 0 0 0 T KCD ( r C) r z -� > 0 .� < o z tz,� • � x d o v _ G) Z = �_ W C X m 6 o 0 A m -n cn n to m z 3 x `-I 0 H a O to O tj 0 N r 0 N N N x x x x o D CD J. N. N. Fs- g o 0 can canct It z 00 m = ct hd al m H H _ CD- L/J O *zJ ITJ J. ° i CD m m � � m m f Z O O O O O m O N • • D SN m '0 — D z Z 0 0 0 O N Om -_ U) ;u r tpv f-' C m m :0 'l E O ON O\ O D O O 0 N C N li0 O O O 0 O O q m O W O DO O �_ _� 0 p 0 0 O -Ni V y {�+ Yd ice-' -1"Xi p m < ". P. v m ct n r o 0 o m m > Z 0 (� 19 0 j "' co c -n Z (D 0 G1 f F, •(D m n > :o = CJ ro � n f J > � r N• N m - - - m o —[ o 3 O � tn 4:- w F-' I.A3 sa FjS b N r d W [ w w ~ Fj w ~ w r m CA J ,�^ W D CD co c+ a i CA m v° I m u`+i -� f N i H p, "f�. c3 O p. Z -< b fD cat (D Ct c�+ c�+ + mY m •t"' ct m c O Z vwi :V O p O O O 0 O t�A • O •. .•. .• r .•. r • r r r r C • r I 0 0 O O f7N m (C D tCo. p✓� < Rl f n 0 0LO O O O - O o O Q • ! N q� 0 O 0 O O O O O O D 0 N r 0 0 0 0 O Oo 0 O O cn Q Z 09 N r 0 N R�1 r M f N vwiN O O O O O O O O00 O O ? gip m N • • • • r. r. • .•. r. .• r . r • . 'q w O r 1 00 O� z 0 • O O O O O O O O o o �O` o 0 S 0 0 0 0 0 0 0 0 o m 0o N F-' F-' H N H N N N N r m O� H H N H N N N N F-' F-' � �7 N 0 0 0 O O O O ko O O O w • • • • • • • • • • • • • • • • 00 F� 0 0 O 0 0 0 0 0 0 0 0 0 '0 C 3 0 '0 m ..� > 1 _< Z z 2 0 M G 2 U) a m a m N m •� Z a r F3 F3 ol 0 O ct Id N O (D (D C) a o N lE x y ci- ct ct- r o I'da ca P. N• CDcat- co a rn (D -- cc _ it N. - - - o� �- o- � - m Ca CD co cat � i K m � C' 0 CD ci CD c~t- cc t- 0 am+ O O F�' 0 � H R d z 0 0 • � t _ (t ct R m I4 ct N Its I ca f,2 ct to c4D ----- I& o ~ a o -{ o • mot- Z -� `c Y m L( m __-- =o o • • • CD ci- CY O O O '.ri d - - -- - -_ - cf- CD �r N a k to U m lv� ►F • . • -- — a o '0 0 0 9 z m 0 G) m O Z z cm m z Cl N � W a N r FA to n -- - - - - — — — - 0 • i 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 prop- erty 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. Formal contract having been submitted to the City and having been examined and found to be in all matters and things 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 direct- ed 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 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 collect- ion., 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 respect- ively on or before ten (10) days, one (1) , two (2) , three (3) and four (4) years from the completion and acceptance of the improvements in the unit or district 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 completion and acceptance of the improvements in the particular unit or district, assessments against such completed and accepted unit or district 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 prin- cipal and accrued interest, and provided further, that if i 1 I 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 Con- struction Company, 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. VIII. 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 shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. IX. 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 to such property and the owners thereof, for the payment of such assess- ments, 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. 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. 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 or district of improvement as the work in such unit or district 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 pay- able 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 completion and acceptance of the improvements abutting upon such property for which the certi- ficate 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 un- known, 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. - 5 - 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 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 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; 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 certificate 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 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 1 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, 1 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. XII . All assessments levied are a personal liability and charge against the real and true owners of the premises described, not- withstanding such owners may not be named, or may be incorrectly named. XIII. The assessments herein levied are made and levied under - 6 - 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 ?mown as Chapter 106 of the Acts of said Session and now shown as Article 1105b of Vernonts Texas Civil Statutes. XIV. The assessments so levied are for the improvements in the particular unit or district upon which the property described abuts, and the assessments for the improvements in one unit or district are in nowise related to or connected with the improve- ments in the other unit or district, and in making assessments and in holding said hearing, the amounts assessed for improve- ments in one unit or district have been in nowise affected by any fact in anywise connected with the improvements or the assessments therefor in the other unit or district. XV. In addition to the work of making and. constructing the improvements hereinabove described on the portions of Sullivan Street and Roberts Avenue hereinabove described, the work of making and constructing certain improvements on Texas x Rosewood Streets from E. Scott paving to No. line of Gerald Street, known and designated as Unit or District No. 12, which said improve- ments are the same as those hereinabove described to be construct - ed on that portion of Sullivan Street hereinabove described, is hereby awarded to Stuckey Construction Company and is covered by the contract ,mentioned in Sections V and VI of this ordinance and will be paid for by the City as is provided in said contract. XVI. The present condition of said portions of streets and I avenue 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 proceeded with while the weather will permit, and the construction of said improvements is being delayed pending the taking effect of this ordinance, and such facts constitute and create an emergency and an urgent public necessitjr requiring that the rules providing for ordinances to be read more than one time, or at more than one meeting, 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 oassed as and shall take effect and be in force as an emergency :measure, and shall be in force and effect immediately from and after i passe. PASSED AND APPROVED, This/lG' r day o1Z �fi - � A. D. , 1950. CITY OF WICHITA FALLS, TEXAS ATTEST: �r L-tom y" Mayo - City Clerk APPROVED AS TO FOM4: City Attorney. - 7 - THE STATE OF TEXAS COUNTY OF WICHITA On this, the 26 day of June 1950, t-,Ie Board. of Aldermen of the City of Wichita Falls, Texas, in the above mentioned County, convened. in regular session, in the regular meeting �-lace in sai City, all members thereof, to wit: Harold Janes, a=layor L. R. Abbott, Alderrlan J. R. Ray, Alderman Lloyd C. Thomas, Alderman Berry Brown, Alderman Roy W. Parish, Alderrlan. R. J. ;)rown, Alderman J. B. Hickerson, City Clerk Frank ?rood, City ''ranager John B. Rhea, City Attorney being present and passed the following ordinance: ORDINANCE CLOSING _TEARING AND LEVY IT ASSESS E TTS FOR PART OF THE COST OF IMPROVING A PORTION OF SULLIVAN, STRFET A�l TD A PORTION OF ROBERTS AVENUE IN THE CITY OF ?tiIC�HITA FALLS, TEXAS, AtiTARDI'_ij ATID APPROVIT'dG CONTRACT FOR SAID I 'PROVET fET?TC AS WELL AS FOR THE I?'IPROVEMEITTS OTi A PORTIO'_'v OF T'�XAS & ROSEWOOD SThE':',TS IN SAID CITY, ORDERING T1IE EXECUTION T TE=OF, FIXING C=TARGHS AND LIENS AGAINST PROPERTIES ABUTTING ON SAID PORTIONS OF STREET A'_.iD AVENUE AND AGAINST THE OWNERS THEREOF, PROVIDING FOR THE COLLECT- ION OF SUCii ASSESS-E��TTS AND THE ISSUANCE OF ASSIGNABLE CERTIFI- CATES IN EVIDENCE T=EO ', ILiD DECLA=TG A' E'IEnGEITCY. Alderman Ray_ _-_ _ __ moved that the ordinance be placed on its first reading; seconded b,= Alderman and carried by the following vote: AYES: Ald- "_en�' bot:t, 'T' nlas' Po • ttay� e2'?';>' T !,;n =.nil I NAYES: None. CARRIED: Ordinance placed on first reading. Alders ian. Thomas _ _noved that the ordinanc pass first reading; seconded by Alderman Berrxr 1731 room. and carried by the following vote: AYES: Aid —nen Abbott, T::om Sz t'-a r' ., :�a rZ_� _l r�. ��rGwn and NAYES : None. CARRIED: Ordinance passed first reading. Alddrman "• 1°`�1 moved that the rules i I u w w 4 be suspended and that the ordinance be placed on second reading; seconded by Alderman Thomas _ and. carried by the following vote: AYES: Xid,?r`:en illbbott, TY:omas, F"7r:Ls1i, ?ay, terry ? IO`^.1 =nd a I I i I NAYES: None. CARRIED: Ordinance placed on second reading. Alderman L)bott :roved that the ordinance pass second reading; seconded 'by Alderman aay and carried by the following vote: AYES: P ldermen Abl-,c;t t, Thomas, ?ari3h, Hay , rr ,' B r inra ai'td H. T mrn NAYES: None. CARRIED: Ordinance passed second reading. Alderman M• J. r.ro,m 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. %i�de7lErl '1 ',r'p t m11C)maJ. 'aria 'z S:Jf =y r2 r'),,-: 3rid — .. NAYES: None. CARRIED: Ordinance placed on third reading. Alderman ' s1k moved that the ordinance pass third and final reading and be finally adopted; seconded by Alderman Berry w and carried by the following vote: AYES: Ald ';neri _ b-bo t, T ioma:i J " ' R - terry U rcyrn -jnd 4. J. Bro4m. NAYES: None. CARRIED: Ordinance passed third and final reading. The ,,,Iayor then declared the Ordinance finally passed. The Ordinance follows: