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Ord 3642 4/1/1980 ORDINANCE NO. ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING TANGLEWOOD DRIVE, FROM THE NORTH PROPERTY LINE OF BRIAR CLIFF DRIVE TO THE NORTHWEST CORNER OF LOT 16, BLOCK 1 , TANGLE- WOOD, SECTION 1-A, IN THE CITY OF WICHITA FALLS, TEXAS FIXING CHARGES AND LIENS AGAINST ABUTTING �1 • PROPERTY THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATIONS IN EVIDENCE THEREOF; RESERVING UNTO THE BOARD OF ALDER- MEN THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THE ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTES OF THE BOARD OF ALDERMEN OF WICHITA FALLS, TEXAS, AND BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY; PROVIDING AN EFFECTIVE DATE, PROVIDING SUNDRY MATTERS IN- CIDENT THERETO, AND DECLARING AN EMERGENCY; II WHEREAS, the City of Wichita Falls, Texas , has heretofore ordered that each of the hereinafter described portions of streets, avenues, and public places in �I the City of Wichita Falls , Texas, be improved by raising, grading or filling same and by constructing thereon, to-wit: One and one-half (1-1/2) inches of hot mix asphaltic concrete surface and six (6) inches of cement stab- ilized base. TANGLEWOOD DRIVE: From the north property line of Briar Cliff Drive to the north west corner of Lot 16, Block 1 Tanglewood, Section 1-A. The above, together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together with other necessary incidentals and appurtenances; all of said improvements to be constructed as and where shown on the plans and in strict accordance with the plans and specifications therefor; and contract therefor has been made and entered into with Parker Square Savings and Loan, Association, Wichita Falls, Texas, for such improvements on the above streets , avenues, and public places. WHEREAS, estimates of the cost of the improvements of each such portion of streets , avenues, and public places were prepared and filed and approved and adopt- ed by the Board of Aldermen of the City, and a time and place were fixed for a hear- ing and the proper notice of the time, place and purpose of said hearing was given and said hearing was held at the time and place fixed therefor, to-wit, on the 1st day of April 1980, at 8:30 a.m. , in the Council Chamber in the City of Wichita Falls, Texas , and at such hearing the following protest and objections were made, to-wit: • • • 1 • • • II • James Cole, Briarcliff and Tanglewood PROTESTED THAT he thought these costs were already paid when he bought the lot. ANIXOMMOCIIWM PROTESTED THAT II PROTESTED THAT 111 PROTESTED THAT . PROTESTED THAT PROTESTED THAT i PROTESTED THAT • PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT PROTESTED THAT 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 he heard , and the Board of Aldermen of the City having fully considered all proper matters, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein ordered: • NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF ALDERMER OF THE CITY O: WICHITA CALLS, TEXAS, THAT: I. Said hearing be, and the same is hereby, closed and the said protest and • objections, and any and all other protests and objections, whether herein enumerat- ed or not, be and the same are hereby, overruled. II. • The Board of Aldermen, from the evidence, finds that the assessments here- in levied should be made and levied against the respective parcels of property abutting upon the said portions of streets, avenues and public places and against the owners of such property, 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 ;I assessments are levied, and establish substantial justice and equality and uni- • formity between the respective owners of the respective properties, 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 bene- fited in enhanced value to the said property 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 apportion- ment 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 listed in Exhibit "A" , the Engineer's Rolls , attached hereto and made a part hereof for all purposes and against the real and true owners there- of (whether such owners be correctly named herein or not) the sums of money itemized in such exhibit opposite the description of the respective parcels of property and the several, amounts assessed against the same, and the owners there- • of, as far as such owners are known. IV. Where more than one person, firm or corporation owns an interest in • any property above described, each said person, firm or corporation shall be personally liable only for its, her or his 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 lien upon pay- ment 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 eight per cent (8) per annum, together with reasonable attorney's 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 pnnht prop- erty, whether such owners be correctly named herein or not, and the said liens shall be and constitute the first,enforceable lien and claim against the prop- erty 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. • • When the improvements are completed and accepted by the City on a par- ticular unit, the sums assessed against property abutting upon such completed and accepted unit shall be and become payable in 12 successive monthly install- ments , from the date of such completion and acceptance, and the assessments fl against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of completion and acceptance of such respective unit. The entire amount assessed against the particular parcels of the improvements on the unit upon which the particular property abuts at the - rate of eight (80) per cent per annum, payable monthly except as to interest on the first installment, which shall be due and payable on the date said install- ment matures , provided that any owner shall have the right to pay any and all of such installments at any time before maturity by paying principal with interest accrued to the date of payment , and further provided if default be made in the payment of any installment promptly as the same matures , then at the option of the City of Wichita Falls , or its assigns , the entire amount of the assessment upon which such default is made shall be and become immediately due and pay- able; but it is specifically provided that no assessment shall in any case be made against any property or any owner thereof in excess of the special bene- li fits to property in the enhanced value thereof by means of said improvements in 1. the unit upon which the particular property abuts , as ascertained at the hearing I� provided by the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as provided by the law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Wichita Falls , PROVIDED, that the City Tax Assessor- Collector is hereby empowered to authorize payments of said sums in lesser install- ments and over a longer period of time not to exceed 96 months, in cases in which the City Tax Assessor-Collector has determined that an extreme financial hardship upon the property owner will otherwise result. VI . If default shall be made in the payment of an assessment , collection thereof shall be enforced either by the sale of the property by the City as near as possible in the manner provided for the sale of property for the nonpayment of ad valorem taxes, or at the option of the City of Wichita Falls , or its assigns , payment of said sums shall be enforced by suit in any court of competent jurisdiction , or as provided in any mechanic' s or materialman ' s contract and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assess- ments. The total amount assessed against the respective parcels of abutting property, and the owners thereof, is in accordance with the proceedings of the City relat- ing to said improvements and assessments thereof, and is less than the proportion of the cost allowed and permitted by the law in force in the City. VIII . Although the aforementioned charges have been fixed , levied , and assessed in the respective amounts hereinabove stated , the Board of Aldermen does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate. Notwithstanding the Board of Aldermen has herein reserved the right to issue credits , it shall not be required to issue credits , and will not do so, if same would result in any inequity and/or unjust discrimination. The principal amount of each of the several assessment certificates to be issued the City of Wichita Falls , Texas , as hereinafter provided, shall be fixed and determined by deducting from the amount of any assessment hereinabove . - levied such amount or amounts, if any, as may hereafter be allowed by the Board ! � • of Aldermen as a credit against the respective assessments. II IX. h I� . . For the purpose of evidencing the several sums assessed against the j' respective parcels of abutting property and the owners thereof, and the time an' terms of payment, and to aid in the enforcement and collection thereof, assignab'e II certificates in the principal amount of the respective assessments less the amou t of any respective credit allowed thereon, shall be issued by the City of Wichita Falls, Texas„ upon completion and acceptance by the City of the improvements in i� each unit of improvement as the work in such unit is completed and accepted, which certificates shall be executed by the mayor in the name of the City and attested .I El by the City Clerk with the corporate seal of the City impress thereon, and shall declare the said amounts, time and terms of payment, rate of interest, and the date of the completion and acceptance of the improvements abutting upon such pro.- ' 1', erty for which the certificate is issued, and shall contain the name of the owne . or owners, if known, description of the property by lot and block number, or fro t • feet thereon, or such other description as may otherwise identify the same; and Ili if the said property shall be owned by an estate, then the description of same a- il( so owned shall be sufficient and no error or mistake in describing any property, l or in giving the name of the owner, shall invalidate or in anywise impair such , certificate, to the assessments levied . The certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectable , with reasonable attorney's fees and costs of collection, if incurred , and shall provide substan- :' � tially that the amounts evidenced thereby shall be '1 Y paid to the Tax Assessor and Collector of the 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 1 l Tax Assessor and Collector shall deposit the sums so received with the Director of Finance to be kept and held in a separate fund, and when any payment shall be . ' I made in the City, the Tax Assessor and Collector upon such certificate shall • upon presentation to him of the certificate by the holder thereof, endorse said it payment thereon. If such certificate be assigned, then the holder thereof shall be entitled to receive from the Director of Finance the amount paid upon the presentation to him of such certificate so endoresed and credited; and such en=- dorsement and credit shall be the Director of Finance's authority for making such • payment. Such payments by the Director of Finance Shall be receipted for 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 attorney's fees, if incurred , have been paid in full. • Said certificates shall further recite substantially that the proceed- ings with reference to making the improvements have been regularly had in com- pliance with the 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 owners thereof have been performed , - and such recitals shall be prima facie • • evidence of all the matters recited in such certificates, and no further proof thereof shall be required in any court. 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 to the City of Wichita Falls, or its assigns may be signed with the facsimile signatures of the Mayor and City Clerk. Said certificates shall further recite that the City of Wichita Falls, Texas, shall exercise all of its lawful powers, when requested so to do, to aid in the enforcement and collection thereof, and may contain recitals substan- tially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary that the recitals be in the exact form above set forth, but the substance thereof shall be sufficient. The fact that such improvements may be omitted on any portion of any of said • f . • units adjacent to any premises exempt from the lien of sc.ch assessments shall • not in anywise invalidate, effect or impair the lien of such assessments upon other premises. • X. ' Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities, either in the asss;•neats or in the • certificates issued in evidence thereof, is, in accordance with the law in • force in this City, vested in the City. ., XI. • All assessments levied are a personal liability and charge against I the real and true owners of the premises described, notwithstanding such owners may not be named, or may be incorrectly named. XII. . I I The assessments so levied are for the improvements in the particular unit upon which the property described abuts, and the assessments for the im- provements in any unit are in nowise affected by the improvements or assessments I' in any other unit, and in making assessments and in holding said hearing, the amounts assessed for improvements in any one unit have been in nowise connected with the improvements or the assessments therefor in any other unit. XIII. The assessments 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, known as Chapter 106 of the Acts of said Session and now shown as Article 1105b of Vernon's Texas Civil Statutes, I which Act has been adopted as an amendment to and made a part of the Charter of the City of Wichita Falls, Texas. XIV. The City Clerk is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council of Wichita 1 Falls Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of said City. • XV. • The fact that the making and construction of the said improvements is being delayed pending the taking effect of this ordinance, and that the condi- • tions of such portions of streets and avenues endangers public health and.safety, constitutes and creates an urgent public necessity, requiring that this ordinance . • be passed as an emergency measure, and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. . • PASSED AND APPROVED this 1st- day of . Apr.i 1- • "1980 • • ATTEST: YOR CITY CLERK •. s I t a . I y.. I- - O CD O O CD C 0 '-D O M O al U 1 J M s..0 C N �D • - t\ - 'D CV Fa' L(\ C N. 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