Loading...
Ord 1868 11/9/1959A S / g6� ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF PUBLIC WORKS, SHOWING THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, THE ESTIMATES.OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND THE ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING OF NORTH I.AMAR FROM THE SOUTH LINE OF WICHITA STREET TO THE SOUTH LINE OF WARREN STREET IN THE CITY OF WICHITA FALLS, TEXAS, WITHIN THE LIMITS HEREIN BELOW DESCRIBED AND OF OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID BY SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF WICHITA FALLS, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDER- ING AND SETTING A HEARING AT SEVEN- THIRTY OtCLOCK ON THE 23RD DAY OF NOVEMBER, 1959, IN THE COUNCIL CHAMBER OF THE CITY AUDITORIUM AT 1300 SEVENTH STREET, WICHITA FALLS, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF THE SAID ABUTTING PROPERTY, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEED- INGS AND CONTRACT CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVE- MENTS; DIRECTING THE CITY MANAGER OF THE CITY OF WICHITA FALLS, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS.OF THE STATE OF TEXAS AND THE CHARTER OF SAID CITY; DECLARING AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That the Board of Aldermen of the City of Wichita Fails, Texas, hereby finds and determines: (a) That the Board of Aldermen of the City of Wichita Falls has heretofore determined the necessity for, and ordered the improvement of portions of North Lamar in the City of Wichita Falls, Texas, within the limits hereinafter defined, in the manner and accord- ing to the Plans and Specifications therefor, which Plans and Specifi- cations have heretofore been approved and adopted by the BOARD OF ALDERMEN of the City of Wichita Falls. Said streets and the portions thereof to be improved, designated by unit numbers as follows: North Lamar from the South line of Wichita Street to the South line of Warren Street; (b) That a notice duly executed in the name of the City of Wichita Falls, Texas, of the enactment of said above described resolution has heretofore been filed with the County Clerk of Wichita County, Texas, the county in which said City of Wichita Falls is situated, on the 5th day of November, 1959. (c) That said Board of Aldermen after having duly adver- tised for bids in the manner as required by law and the Charter of said City, did award contract for the construction of said improvements to Timmins and Anderson, upon its lowest and best responsible bid therefor, and said contract which is dated November 9, 1959, has been executed by Timmins and Anderson and by said City, the execution of which contract by the City was authorized by Resolution on this day passed by said Board of Aldermen; and the performance bond required by law and said contract has been properly furnished by said Timmins and Anderson and a- pproved by and accepted by the Board of Aldermen, all as required by law and the Charter of said City; (d) That the Board of Aldermen of the City of Wichita Falls has .caused the Director of Public Works to prepare and file elftmt'.es of the costs of such improvements and estimates of the amount per front foot to be assessed against the property abutting said street within the limits defined, and the real and true owners thereof; and the Director of Public Works has heretofore filed said estimates and a statement of other matters relating thereto with said Board of Aldermen, and the same has been received, examined and approved by said Board of Aldermen; and that in accordance with said statement of estimates so filed by said Direc- tor of Public Works and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in the schedule obtained in Section 2 hereof. -1- The i t t e a statc..;c;nt and report of the Ji.I'ectr r of ?-u1)11c '�,lorl:s heretc�fOrc: filed with the Board of Alder ^,eiz are _ c ;refs.✓ J ar?'Dri.'v`c (a, rcraiveCl liic PX. _r inG'd '.)y tilt:' Boars' •f ?ldcrmcn and in ai.1 t'I111c)s a 1proved anti adonteu- ; an':i it is hereby our, an-1 ;C:tGl "hilt +! L!.!c r,ar+l O: � „1C7Pr :iC;i1 that ±_!t: t Stiiia+ �t 1Llitt� ClI L.:l: evF ra.l Lc(i am (t_T%ri: it`%,i,s cf COSts of sa i l lily ?I' t %_,, rit '_:J )vt' �,�'� f�C %i G. J c, � is , c•f s .iu streets, Or unite, are is 11O,gs, t t. �:.:C.z1L.,1; .1• -� i)'J: LiCiZ �` 1.,___ .l =�t (: .!, �'- 7,� 5. `J U__1U i l is i'i _'n'a 't .' «y +3U �' tCl :; it;' :.I ?'_i Ci'tiiTi t'ri +.:1' a; -i n s t ai d y'a I t i'� i�T ,.'tom; rt L��lrttS,'!� i. +..�1.1 ..� - str' + S �.._ icy i.•:_.. L , . . t. r. . _ . , in ?t.+..(_r - _ .71 _ ,.'It'n arTC21 ii t:'1•' i,ica inC'I' Jr'C:vi'_(d 'it t'! : 'pct S f tl'_e t ?1 T tul'F; of t�iC. _tc'.,.t_ i i .,.d ” ", 11 CC'. �CS!'_Ti� .I7?'�t i l iin "i1 c'i� V! as ,= rti.:1_ 11 vr.-:c..i .,i t,�t c' �T�J_._ tat ut _ 1..t_ a i :i,_ili'CC t il'1 t!lC tvl l CC :C� 1C I ilt`C C -i F'c% it c.- s aiC! sI, rccts r u717 t a ii+�rC' :! 1T'. irC 4 !,`. I, I':111 JE its': tiC:.i;>'_, t n s ii; ,) lrti cs. an6 sl-c s -c 11 '7'„ r' ? ci d ': a , '! l! ^1 �1jli; ::� =t C`UL 1tl Llie asses;iT'7'nt sheet:: abovu att"' _ "lhcn I, r3 1r"PrO \TG.-Itnt° tl I'c1 ru ..:ri;U f _ir oil "•c qtr .,_:* _,ilit 1:i11 J , lttil .tt '� h3.vC !�+{':'Al C:' ^::t ' C U ailil icccpteU 1J�/ t:tE' 1t`' i liC:i t3 all S J tr1C: Gi :ioilnt Of the s 1t acfi rC' -erty tD-1 I TLt" 1� r e. a1 '.'..nC', t u(-, c',!nc,rs ti o'r j,_ Sha11 c e: u'. 1 annual 1145ta 11''it tits ii I,c DC'ct iy. l,t t <tin I � 'a-, c)n,C', (1 } 0 2 j t.l: �.nU i O1,.I' year i rC! ii 'JC!t u _.CC Cpt: i1C Lt` tI.C; 1tjt, tCCtc: Cher �.'.'ith^ 1nte c� e a 1, s a 1i � Ir s ? tc O cc ",�taac untII r �t _ 1 C'. �;! .n tat 'i :lt �rC' 1 �aiC Ciu ... jai:. gal. %he rato i;_ `: cc ��7 i (, �+ � 7p a,! �' �L � C7 �i. p��r Zt t.. �, p r �.rin.zl��, �,�l.�.e ani�u�.11y, provi ?lo:'✓Cvc2', that the ✓per _ inR c;l s , id rc N' r t y s':^ l 1 ?iavc tnc pr iv l °cje o-7 nayino all or airy' Of sal'! 1i1st�111 ".iC'.Tlts at any tirle before m- aturity thereof by paying th> tcta 1 amount of principal of such installment to- nether i',ith the interest accrue:, th -�rc>en to the date of payment. Further, if default be r,ade in the pay.ient of ?iiy of said instnll:;;ents of princi- pal or interest promptly as the sar:e ,natures, then at the option, of the contractor or his ass inns t',V, .nt "rc amount o�. the -asse'ssr,en' ui-con ?'ihich default is Trade, together with reasona_tle attorney's fees aria all Collec- tiCn costs *ncurrC'd, shall be and 1)"COM iT.;r1F °d lately C.uc and :)7y • A hearing shall be :geld anc' given to the real and true owners of, and 'all ownin" or claimino any interest in any r,,roperty abutt- inn upon said street, or units ,,ilthin the limits above d e fi Ineu, an(' to ali others oi,ining, claiming or interested in said property or any of said ratters, as to the assessments and as to the amount tc be asseseed against each parcel of a?rlatting property, and the real ani true owners thereof, and as to the special benefits, if any, to sald property to 1)e received f r Omt said improvert;entc, and such other r:tatters as nay be presented concerning any matter cr thin;' connecter therewith, which hearing shall be held by the Board of Aldermen of the City of Wichita Falls, in the Council Room in the Municipal Auditoriur; at 1300 Seventh Street, in the City of Wichita Falls, Texas at 7:30 P.M. on the 23rd day of November, 1959, at which time and place all persons, firms, corporations or estates owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, and persons interested in said proceedings shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and such hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been offered and heard; and the City Manager of said City is hereby directed to give notice of said hearing by publication of Notice in the official newspaper of the City of Wichita Falls, Texas; said Notice shall be pub- lished at least three (3) times in said newspaper before the date set for said hearing, the first of which publication shall be at least ten(10) days prior to the date of said hearing; and such Notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance to the above described Act, being 1105 -b of the Revised Civil Statutes of Texas, as amended. The form of said Notice, as required by law and said Charter, having heretofore been submitted to the Board of Aldermen by the City Manager, the same is hereby approved for publication. -2- SECTION 5. Following such hearing as above provided, assessments will be levied againstsaid abutting property, and the real and true own- ers thereof for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof. In levying said assessments, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm, or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof; but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named., or said property correctly described therein. SECTION 6. Each portion of said streets, or units, described and de- signated by unit numbers constitutes a separate and independent Unit of the improvements and shall be improved and the improvements constructed therein as separate and independent from each and every other Unit of said streets, and the assessments to be levied for said improvement in each Unit or portion of said streets shall be altogether separate and distinct and independent of and from the assessments to be levied in every other of said Units and portions of said streets, and, in making and levying said assessments against the property abutting upon one of said Units, no matter or circumstance in connection with any other of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said Units. SECTION 7. The fact that the streets and portions thereof to be improved as heretofore and hereinabove provided for are in bad and dangerous condition and should be improved without delay creates an em- ergency and imperative public necessity for the immediate preservation of the public peace, health, safety and general welfare, requiring that the Charter rule providing that no ordinance shall go into effect before the expiration of thirty days (30) from the date of its final passage and all other rules requiring more than one reading, or prohibiting the passage of an ordinance on the date introduced and the taking effect of said ordinance on the day of introduction and passage, be and the same are hereby suspended; and this Ordinance shall be passed and take effect as an emergency measure and be in fu 1 force from and after its passage as provided by law, and it is so or`dprned. PASSED AND NPROVED this day of November, 1959. PREPARED BY Fran G son, y Attorney MAYM J N 0 T I C E Nov. Ordered published 11 -12th, 13th & 14th. TO THE REAL AND TRUE OWNERS, WHETHER HEREINAFTER NAMED OR CORRECTLY NAMED OR NOT, OF PROPERTY ABUTTING UPON NORTH LAMAR STREET IN THE CITY OF WICHITA FALLS, TEXAS, AND TC ALL OWNING OR CLAIMING ANY SUCH AUBTTING PROPERTY, OR ANY INTEREST THEREIN, AND TO ALL INTERESTED IN ANY.OF THE PROCEEDINGS, CONTRACTS OR OTHER MATTERS HEREINAFTER,MEN# TIONED. Notice is hereby given to the real and true owners, whether hereinafter named or correctly named or not, of property abutting upon North Lamar Street in the City of Wichita Falls, Texas, and all persons owning or claiming any such abutting property, or any interest therein, and to all others claiming or interested in any of said property, or in any of the proceedings, contracts and matters herein mentioned that: The Board of Aldermen of the City of Wichita Falls, Texas, by duly elected Resolution dated September 14, 1959, has determined the necessity for, and ordered the permanent improvement of, the following described street within the following limits, in the City of Wichita Falls, Texas, to wit: North Lamar from the South line of Wichita Street to the South line of Warren Street; By said Resolution, the Board of Aldermen of the City of Wichita Falls, has ordered each and all of said streets, within the limits indicated, to be improved by excavating, grading and paving the same by the instal- lation of drainage facilities and by constructing curbs and gutters, where adequate curbs and gutters are not now in place, together with other drains.. other drains, incidentals and appurtenances thereto; said paving to consist of a six inch (611) reinforced concrete pavement as provided for in the plans and specifications therefor prepared by the Director of Public Works and heretofore approved and adopted by said Board of Aldermen all of said improvements are to be done and constructed in the manner and of the materials as provided for in said plans and specifications and the Contract covering the construction of said im- provements heretofore awarded to Timmins and Anderson, by said Board of Aldermen, which contract is dated November 3 , 1959, and approved and authorized by Resolution enacted by said Board of Aldermen on 14th day of September, 1959, which said plans and specifications and Contract are hereby expressly referred to for a more detailed description of said im- provements, and are on file in the office of the Director of Public Works of the City of Wichita Falls, Texas. That said Board of Aldermen has caused the Director of Public Works to prepare and file the hereinafter set out estimates of the costs of such improvements and has heretofore by duly enacted Resolution dated Septem- ber 149 1959) determined the necessity of levying assessments for a por- tion of the costs of the construction of said improvements against the property abutting upon said streets within the limits above defined, and the real and true owners thereof, and did adopt and determine the herein- after set out proposed apportionment of the costs of said improvements between said City and the said abutting property, and the real and true owners thereof, and that the portion of said costs proposed to be assessed against the said abutting property, and the real and true owners thereof, will be in accordance with the FRONT -FOOT RULE or PLAN and did further adopt the following proposed rates and estimates of said costs in refer- ence to and for each of said streets within the limits above defined and indicated in the following schedule by the Unit Nos. of said streets, to wit: -1- OWNER LOTS BLOCK ADDITION TYPE FRONTAGE 1) C.V.T. Montgomery Estate 1 thru 14 J R.E. Montgomery Front 2) Jack Humphrey 46 thru 51 I R.E. Montgomery Front Front(contd) 3) John J. Abbott 52 thru 55 I R.E. Montgomery 62.50 4) J.W. Fitzpatrick 56 and 57 I R.E. Montgomery Front 5) Beula C. Stafford 58 and 59 I R.E. Montgomery Front NO. FT. PAY ING CURB AT 1.25 FT. RATE COST LIN. FT. COST TOTAL COST 1) 350 3.93 1,375.50 350 437.50 $1,813.00 2 ) 150 3.93 589.50 150 187.50 777.00 3) 100 3.93 393.00 100 125.00 518.00 4 ) 50 3.93 196.50 50 62.50 259.00 5 ) 50 3.93 196.50 50 62.50 259.00 Each portion of said street hereinabove described and designated by Unit Numbers constitutes a separate and independent Unit of the improvements and shall be improved and the improvements constructed therein as separate and independent from each and every other Unit of said streets, and the assessments to be levied for said improvements in each Unit or portion of said streets shall be altogether separate and distinct and independent of and from the assessments to be levied in every other of said Units and portions of said streets, and in making and levying said assessments against the property abutting upon one of said Units, no matter or circumstance in connection with any other of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said Units. A hearing will be given and held by and before the Board of Aldermen of the City of Wichita Falls, Texas, on the 23rd day of November, 1959, at 7:30 p.M. o tc lock in the Council Chamber of the Municipal Auditorium of the City of Wichita Falls, Texas, to the real and true owners, whether named or correctly named herein or not, of all property abutting upon said streets within the limits above defined, and to all persons owning or claiming any such abutting property, or interest therein, and to all others owning, claiming or interested in said abutting property or any of the proceedings, contracts or matters and things herein mentioned or incident to said improve- ments or contract herein described. At said time and place all such persons, firms, corporations and estates, and their agents and attorneys, shall have the right to appear and be heard and offer testimony as to the said assessments, and to the amount thereof, proposed to be assessed against said aubtting property, and the real and true owners thereof , the lien and charge of personal liability to secure payment of said assessments, the special benefits to accrue to each such abutting property and the owner or owners thereof by virtue of said improve- ments, if any, or concerning any error, invalidity, irregularity or deficiency, in any proceeding or contract in reference to said improvements, and said proposed assessments, and concerning any other matter or thing as to which hearing is a constitutional prerequisite to the validity of said assessments, proceedings and improvements and on which they are entitled to a hearing under the Constitution and laws of the State of Texas and the proceedings of the Board of Aldermen of the City of Wichita Falls, Texas. Following such hearing, assessments will be levied against each and every parcel of property abutting upon said streets, within the limits above defined, and the real and true owners thereof, for that portion of the costs of said improvements determined by said Board of aldermen to be payable by such abutting properties, and the real and true owners thereof, and said assessments shall be and constitute a first and prior lien upon said abutting property, from the date said improvements were ordered by -2- _1 r said Board of Aldermen and shall be a personal liability and charge against the real and true owners hereof, as of said date, whether such property be described or correctly described, or such realard true owners be named, or correctly named, in such proceedings or not, and no error or mistake or discrepancy in the names of such owner or owners or in describing said property in this notice or in any of said proceedings with reference to said improvements, shall invalidate any assessment or certificate issued in evidence thereof, but nevertheless, each parcel of property abutting upon said streets, and the real and true owner or owners thereof, shall be charged with, and be liable for, said assessment which shall be valid whe- ther or not such owner or owners be named or correctly named, or such pro- perty be described or correctly described, all as provided for under the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, commonly known as Article 1105 -b, Revised Civil Statutes of Texas, as amended, (and as adopted by the Charter of the City of Wichita Falls, Texas) under which said improvements, proceedings and assessments are being constructed, performed and levied. Of all said matters and things, all owning or claiming any such abutting property or any interest therein, as well as all others in anywise inter- ested or affected by the things and matters herein mentioned, will take notice. DONE BY CMER OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, this the day of November, 1959. !� A' Lf . Henderson, G -ity vier V l.. J• U"IUVIZI City Manager, City of Wichita Falls, Texas