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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. 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