Ord 1824 1/26/1959ORD INAI`TCE NO. j
AN ORDINANCE APPROV ING AND ADOPTING THE WR TTTEN STATE�r�i�iT AND
REPORT OF THE DIRECTOR OF PUBLIC VICR.KS, 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 OVINERS THEREOF, AND THE ESTIMATES OF VARIOUS
OTHER ,COSTS FOR THE IMPROVING OF PENNSYLVANIA ROAD AT 3001 AND 3003
ABUTTING LOTS 15 and 16 OF BLOCK 5 of JOHN W. THONLAS ADDITION TO THE
CITY OF WICHITA FALLS, WICHITA COUNTY, T " S, WITHIN THE LIMITS HEREIN
BELOW. DESCRIBED AND OF OTHER IUTATTERS 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 OMIERS 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 AP-
PORTIONED TO THEM; ORDERING AND SETTING A HEARING AT EIGHT O'CLOCK
ON THE 9TH DAY OF FEBRUARY, 1959, IN THE COUNCIL CHAMBER OF THE CITY
A-0IDITCRIUM 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 PROCEEDINGS ANT) CONTRACT CONCERNING SAID ASSESS-
MENTS, PROCEEDINGS AND IMPRGVEMENTS; 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 CHARTIT, OF SAID
CITY; DECLAR ING..AN7 PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
110VII -'D IAT ELY UPON PAS SAGE.
BE IT ORDAINED BY THE BOARD OF ALDE�i MEN OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the Board of aldermen of the City of Wichita
Falls, Texas, hereby finds and deteriii1nes
(a) That the Board of Aldermen of the City of Mchita
Falls has heretofore determined the necessity for, and ordered the
improvement of portions of Pennsylvania Road, towit, 3001 and 3003
Pennsylvania Street, abutting lots 15 and 16 of Block 5 of the John
111. Thomas Addition to the City of Wichita Falls, Texas, within the
limits hereinafter defined, in the manner and according to the Plans
and Specifications therefor, which Plans and Specifications have here-
tofore been approved and adopted by the Board of Aldermen of the City
of Wichita Falls. Said portion of said Pennsylvania Road, or portion
thereof, to be improved designated by unit numbers as follows:
3001 and 3003 Pennsylvania Road, abutting lots 15 and
16, of Block 5, of the John W. Thomas Addition, aforesaid,
in Vichita County, Texas;
(b) That a notice duly executed in the name of the City of
Wichita Falls, Texas, of the enactment of the said above described
resolution has heretofore been filed with the City Clerk of Wichita
County, Texas, the county in which said City of ?'Iichita Falls is
situated, on the 26th day of January, 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 awar.d;.contract for the construction of said improve-
ments to R. 0. Green Construction Company, upon its lowest and best
responsible bid therefor, and said contract which is dated January 26,
1959, has been executed by R. O. Green Construction Company and
by said City, the execution of which contract by the.City was au-
thorized by Resolution pasteda' oniathis 20 .'d &y of B ab(3rL,, 1959, and
the performance bond required by law and said contt -act has been properly
furnished by said R. O. Green Construction Company and approved 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 esti fates
- 1 -
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 1�orks 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
Director of Public Works and herein approved, the amounts of said estimated
costs are as hereinafter stated and set out in the schedule contained in
Section 2 hereof.
SECT I CIN Z. The written statement and report of the Director of
Public ?Forks heretofore .filed with the Board of Alder-
men are hereby approved, received and examined by the Board of aldermen and
in all things approved and adopted; and it is hereby found and determined"
by the Board of aldermen that the estimated amounts of. the several re-
spective items of costs of said improvements as above described on such street
or units, are as follows:
See Exhibit "Al attached hereto.
SECTION 3. a portion of the cost of said improvements shall be
paid and defrayed by the City and a portion thereof
shall be assessed against and paid by the property abutting upon said street
w "ithin the limits above defined, and the real and" true owners thereof, in
accordance with "and in the manner provided by the acts of the 40th Legis-
lature of the State of Texas, First Called Session, Chapter 106, known
and shown as article 1105 -b of Vernon's annotated Civil Statutes of Texas,
as amended, and the total costs of said improvements of such streets or
units as hereinabove described, shall be apportioned between said parties
and shall be paid and defrayed . as set out in the assessments sheets above
attab.hed :
},Vhen the .improvements herein ordered for an street unit herein.
designated have been completed and accepted by the City of Wichita Falls,
the amount of the assessment against each property abutting thereon and
the real and true owners thereof shall be and become ryable in eight (8)
equal annual installments due respectively thirty (30 days, one (1), twv
(Z), three (3), four (4), five (5), six (6), and seven (7) years from
date of acceptance by the City, together with interest on each installment
from said date of acceptance until paid at the rate of five -per cent (5 ,o)
per annum, payable annually; provided, however, that the owners of any of
said property shall have the privilege of paying all or any of said in-
stal iments at any time before maturity thereof by paying the total amount
of principal of such installment together with the interest accrued thereon
to the date of payment. Further, if default be made in the payment of any
of said installments of principal or interest promptly as the same matures,
then at the option of the contractor or his assigns the entire amount
of the assessment upon which default is made, together with reasonable
attorney's fees and all collection costs incurred, shall be and become
immediately due and payable.
SECT ICN 4. a hearing shall be held and given to the real and
true owners of, and all owning or claiming any interest
in any property abutting upon said street, or units within the limits
above defined, and to all others owning, (�rlaiming or interested in said
property or any of said matters, as to the assessments and as to the
amb=t to be assessed. against each parcel of abutting property, and the
real and true owners thereof, and as to the special benefits, if any,
to said property to be received from said improvements, and such other
matters as may be presented concerning any matter or thing connected
therewith, which hearing shall be held by the Board of ,aldermen of the
City of Wichita Falls, in the Council Room in the Municipal Auditorium
at 1300 Seventh Street, in the City of IVichita Falls, Texas, at 8:00 o'clock
on the 9th day of February, 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 published at 'least three (3) times in said newspaper be-
fore the date set for said hearing, the first of which publications ,.all
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 Vor by and in accordance to the
above described Act, being 1105b 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 sage is hereby approved for publication.
SECTION 5. Followin g such hearing as above provided, assessments
will be levied against said abutting property, and the
teal and true owners thereof for that portion of the costs of said im-
provements 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
describibg any of said property shall invalidate any assessment or cer-
tificate 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 street, or units, described and
designated by unit numbers constitutes a separate and independent
Unit of the improvements and shall be improved and the improvemmnts
constructed therein as separate and independent from each and every other
Unit of said street, and the assessments to be levied for said improvement
in each Unit, or portion of said street shall be altogether separate
and distinct and independent of and from the assessments to be levied
in every other of said Units and portion of said street, 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 'stree � and portion thereof to be
improved as heretofore and hereinabove provided for are in bad and
dangerous condition and should be improved without delay, creates
an emergency and imperative public necessity for the.immediate preser-
vation of the public peace, health, safety and general welfare requiring
that the Charter rule providing that no crdinance shall go into effect
before the expiration of 5uOi days from the date of its final passage,
and it is hereby declared that the foregoing ordinance is an emergency
measure on the grounds of such.public need for the protection of the
general welfare, and this ordinance shall go into effect immediately upon
its passage and approval.
PASSED AND APPRGVED this 26th
AT
Ge -o. "T. Henderson, City
C_ erk
Prepared .by
J. Walter Friberg, City
Att orneu
day of January, 1959.
L. C. Spell, Ma o
CITY OF WICHITA FALLS
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