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Ord 1826 2/9/1959CRI D INANC" NO. j_S2(p ow Iv'V 3.A:4I \ AN D IN �TyTCE CLOSING THE HEAR ZI��CT GIVEN TO THE REAL AND TRUE O`ER S OF PROPERTY ABUTTING UPON PENNSyLVAN 7A AVENUE AND THIRD I STREET IN THE CITY OF 1A1ICN ITA FALLS TEXAS WITHIN THE LIMITS — THEREIN DEFINED, AS TO SPECIAL BENEFITS TO ACCRUE TO SAID PROPERTIES AND THE REAL AND TRUE OT'iNEP�S THEREOF BY VIRTUE OF THE IMPRoia!'E T OF SAID STR Z':' S WITHIT SAID LIMITS, AND AS TO AT4iY ERRC�tS, INVALIDITIES OR IRRECxULARw ITILS IN AIRY OF THE PROCEEDINGS OR CONTRACT THEREFCR; OVERRULING AND DENYING ALL PROTESTS AND OBJECTIONS OFFERED; .FIND ING AND DETERMINING THAT NCH AND 'EVERY PARCEL OF PROPERTY ABUTTING UPON SAID STREETS WITHIN THE LIMITS DEFINED FILL BE SPECIALLY BENEFITTED AND ENHANCED IN VALUE III EXCESS OF THE AMOUNT OF THE COST OF SAID 1?PROVF� 1 tvl�EA€ PROPOSED TO BE, AND AS, ASSESSED AGAINST SAID PROPERTY, AND H AND TRUE OMERS THEREOF, AND LEVYING AN ASSESSMENT FCR THE P AYIV171 -1 OF A PORT ION OF THE COST OF INPROVING SAID STREET 171THIN SAID LIMITS DEFINED, FLING A CHARGE AND LIEN AGAINST SAID PROPERTIES, AND THE REAL AND TRUE OWNERS THMEOF, PROVIDING FOR THE ISSUA CE SAIDASS ASSIGN ABLE CERTIFICATES UPON THE CC MPLET I THE MANINER AND TIME OF PAYtv2ENT THER E GF , AND PROVIDING FCR- THE', MAN14ER ANTS FIETHCD OF COLLECTION OF SAND ASSES51diENTS AND CERTIFICATES „; DE- CLAP, T- G AN EIIIERGENCY, AND PRCVIDIIVG THAT THIS C DINANCE S1i:�LL BE-- C;Ot %t� . EFFECTIVE IA,�1�' = =F-D IATELY UPOi�i ITS PASSAGE. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEKAS C; t of ` %;Tichita Falls, Texas, f irzds SECTION 1: The Board of Aldermen of the y ` (a')` "That'the Board of Aldermen of the City of e {fichita Falls, Texas, has heretofore by ordinance duly enacted on the 26th day of January, 1959, determined the necessity for, and ordered the improvement c Z` =`F portions of Pennsylvania Avenue and Third (mod) Street in the City of �gjchita - 'ails, Texas, within the !in L therein defined, and in the m manner and according to the plans and specifications therefor, which plans and specifications have heretofore been approved and adopted by said Board of Aldermen; (b) That a Notice duly executed in the name of the City o, `,Vichito tment of said above described ordinance has Falls, Texas, of the enac heretofore been filed with the County Clerk of ,achita County, Texas, the County in which said City of ;`Tichita Falls is situated; (c) That the Board of Aldermen of the manner an of Wichita ire wired Falls, l Texas, after having advertised for ?aids by the Charter of said City, did award the cor_tract for the construction of said i;nT)roveinents to R. 0. Green Construction Company, upon its lowest and best bid therefor, and said contract has been executed by R. 0. Green Construction Company and by the City of chita Falls; and the -performance bond required' by laW and by said contract has been properly furnished by the said R. O. Green construction Company. (d) That the Board of Aldermen caused the Director of Public E' orbs to re and file estimates of the costs of such improvements and estimates of the amount per front foot proposed to be assessed against the the property abutting each of anddtrueeo1 - fstthereof; limits defined therein, and against the (e) That upon the filing of said estimates the Board of for andn did by ordinance duly enacted on January 26, 1959, provide for and order a hearing to be held at 8:00 orclocl� P.ivi., on the 9th day of February, 1959, in the City Council Rooin:of the Miunicipal Auditorium in �lichita Falls, Texas, at which time and place all persons, f irn's ,- l -- s / v o L 759 AGE .6 corporations and estates owning or claiming any such abutting property, or any interest therein, and their agents and attorneys, and all other persons interested therein, were to appear and be heard in person or by attorney; said ordinance directed that due notice of such hearing be given in the manner required by law; (f) That after due publication of notice as required by law, and on the 9th day of February, 1959, said hearing was opened and held in accordance with said ordinance and notice, at which time and place an opportunity was given to all of the above mentioned parties, their agents and attorneys to be heard and to offer evidence as to all ratters in accordance with said ordinance and notice, at which time various persons appeared and test.z? zed and at the conclusion of such hearing the Mlayor ordered that the hearing was closed and directed the City attorney to prepare an ordinance incorporating the findings of the Board of aldermen when made. (g) That at said hearing no pro tests, objections or testi- mony were offered as to said improvements, the contracts or assessments therefor, or as to any of the proceedings in refer -ence thereto except as hereinabove set out; that the Board of .41de -r men has heard all parties who appeared and desired to testify, object or protest as to the s-oecial benefits in enhanced value to accrue to said abutting properties and the real and true owners thereof as cc,-rpared with the portion of the cost of constructing said improvements proposed to be assessed against said abutting properties, and has heard all parties appearing and offering testimony, together with all objections and protests relative to such matters and rel- ative to any errors., invalidities or irregularities in any of the proceedings and contract for said improvements, and has given a full and fair hearing to all parties making or desiring to mare any such protest or objection or to offer testimony, and has -'ally examined and considered all of said evidence, matters, testimony and objections offered. (h) That said Board of aldermen did consider and correct all errors, 'invalidities or deficiencies called to its attention and did find that all proceedings and contracts were proper and in accordance with the laws und(x which same are being had and with the directives of said Board of aldermen in reference to such improvements, and that all of same are in all respects valid and regular. (i) That based on the evidence, matters, testimony and objections considered at such hearing the said Board of Aldermen has deterimined that the properties, and each and every portion of such abutting property upon the streets and Units as herein - after set out, will be enhanced in value and specially benefitted by the construction of such improvements in an amount in excess of the amount of the cost or such improvements proposed to be, and as hereinafter, assessed against each of said portions of property, or properties, abutting u -bon said streets, and the real and true owners thereof. (J) That said Board of aldermen is of the opinion and finds, that the wont Foot Plan or 1Zule, if uniformly appl=ied would re- sult in injusitices and inequities between different parcels of property within the same Unit; and the Board of Aldermen has de- termined to apportion and assess the cost in a different manner in such proportions as it deems and finds to be just and equitable, having in view the special benefits in enhanced value of the prop- erties and the equities of the owners and the said Board of alder- - men has adjusted assessments against corner properties so as to produce a substantial equality of benefits received and burdens imposed; and the Board of aldermen has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting-properties and the real and true owners thereof are just and equitable, and all objections and protests should be overruled and denied. 2 - VOL 759FACE417 That said Board of Aldermen has adopted the rule of apportionment and division of the costs of said improvements between said abutting properties and the real and true owners thereon herein set forth and has found the same to be just and equitable and to produce substantial equality cans id er i nq the benefits to be received and the burdens imposed thereby;' and said Board of Aldermen has further found upon the evidence considered that the assessments hereinafter made and the charges hereby declared against said abutting properties and the real. and true owners thereof are just and equitable, and that all objections and protests should be overruled and denied. SECTION 2. There being no further protests or testimony for or against or in reference to said improvements, benefits or proceedings, said hearing granted to the real and true owners of properties. abutting upon said streets or Units within the limits herein defined, and to all persons, firms, corporations and estates, owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and object ions whether specifically mentioned or not, shall be, and the same are hereby overruled and denied. SECTION 3. The Board of Aldermen hereby. finds and determines upon the evidence heard in reference to each and every parcel or portion of property abutting upon the streets and Units hereinafter set out that the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction ofsaid improvements in said portions 'of said: streets, will be in excess of the amount of the costs of said improvements proposed to be, and as herein assessed against said abutting proper- ties and the real and true owners thereof; and finds that the appor tionnent of the costs. of said improvements and the assessments here- - inbelow made are just and e %gjuitable and produce substantial equality, considering the benefits received and the burdens imposed thereby, and are in accordance with the laws of the State of Texas and the Charter of the City of ': "ichita Falls, Texas; and further finds that all -)roceedings and contracts heretofore had with reference to said improve- regular, are in all respects regular, proper and valid, and that all pre- requisites to the fixing of the assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and true owners thereof, whether named or correctly named herein or not, have been in all things regularly had and performed in compliance with the law and the proceedings of said Board of A Id ermen. SECT ION 4. In pursuance of said Ordinance duly enacted by the Board of Aldermen on the 26th day of January, 1959, authorizing and ordering the improvement of said streets and Units, including the said portions of streets and Units hereinbelow set out, which Ordinance was. passed, as aforesaid on the above date, and in pursuance of said proceedings heretofore had and enacted by the Board of Aldermen in reference to said improvements and by virtue of the powers vested in said City tiaith respect to said street improvements by the laws of the State of Texas, with reference partic- ular ly to Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, Rnown ans shown as Article 1105 -b Vernon's ;annotated Civil Statutes of Texas, as amended and as adopted by Section 120a of the Charter of the City of ichita Falls, as amended, there shall be.and is hereby levied, assessed and taxed against the respective parcels of property hereinafter described and abutting upon the said streets and Units hereinafter set out and within the limits below defined and against the real and true owner s of such property whether such real and true owners be named, or correct- ly named, or said properties be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the descrinti.on of the respective parcels of said property, the de- scription of such property, the number of front feet of each,and the several amounts assessed against the same and the real and true owners thereof (and where the amount so assesseg against the corner properties has been computed by adjusting the frontage,such amount - vet 759 PACE so assessed shall constitute a lien against the entire property abutting the paving actually constructed and not merely against the amount of frontage used as an adjusted basis for the assessment), and the names of the apparent owners thereof, all as corrected and adjusted by said Board of Aldermen, being as follows, towit: FRONT FOOT RULE OR PLAN - THIRD STREET FRom, THE EAST PROPERTY LINE OF LEE STREET TO THE },SST LINE OF ' THE' TNTEP�SECTION V,'ITH ADAMS STREET, im THE. CITY OF IVICHITA FALLS, WICHITA COUNTY, TEXAS: (Property Assessed by Description Travis School J. L. Hicks Beatrice Rogers All of Block 105,Criginal Townsite Lot 14,Block,112, Original Townsite ('nC_'i-c "I'Zz1. 17 664.65 W 75t, Lot 1,Block 112,0riginal Townsite 393.77 A. G. , elch E. 701,Lot l,Block 112,Original Townsite 239.27 PENNSYLVANIA ROAD, DESIGNATED AS 3001 and 3003 PENNSYLVANIA, ABUTTING LOTS 15 and 169 OF BLOCK 5, J'.OHN 1`I. THOMAS ADDITION TO 1F CTTY. OF WICHITA FALLS, VICHITA COUNTY, TEXAS: (Property Assessed bld) Description Costs Francis Lucile Smith Lot 16,in Block 5, John W. Thomas Addition, 179.55 Ed V,atson Lot 15,in Block 5, John V!. Thomas Addition 10-.55 SECTION 5. The assessments levied in Section 4- above are for a portion o= the costs of said improvements in the streets and Units therein set out which are included in said ordinance enacted on the 26th day of Jar-uary, 1959, and the assessments for the improvements or assessments in any other of the streets or Units described in said ordinance; and in levying said assessments the amount so assessed for the improvements in said Units have been in nowise affected by any fact or thing in any way connected with the improvements or the as- sessments therefor in any other of said Units. The omission of the improvements in any of said streets or Units as a whole shall in no- wise affect nor impair the validity of the assessments in any other of said Units and the omission of the improvements -in any particular street or Unit in front of any parcel or portion of proprty exempt from the lien of such assessments, or against which a valid property assessment cannot be levied, shall in nowise affect nor impair the validity of the assessments against the other properties in such Unit. SECTION G. The several sums mentioned above in Section c hereof, assessed against said parcels or portions of abutting property, or properties, and the real and true owner or owners thereof, whether - 4 - j .VOL 759_ �AA said owners be named or correctly named; or said properties be correctly described herein or not, together with interest thereon at the rate of five (0) per annum and with reasonable attorneyls fees and all costs and expense of collection, if incurred, are hereby declared to be and made a first and prior lien upon the respective pt.rcels of property against which same are assessed from and after the date said improvements were ordered by said Board of Aldermen, and a personal liability and charge against the real an:d true owner or owners thereof, whether or not such owner or owners be named or correctly named herein, paramount and superior-to all other liens, claims or titles except for law- ful ad valorem taxes; and that the sums so assessed shall be pay- able to R. 0. Green Construction Company, or its successors and assigns,as follows: In eight (8) equal annual installments due respectively thirty (30) days, one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years from date of acceptance by the City .of such improvement; deferred payments to bear .interest from such date at the rate of five (5) per cent per annum, payable annually, past due installments of principal and interest at the same rate per annum until paid, so that upon the completion and ac- ceptance by said Board of ldermen of the improvements in any Unit or portions of streets above defined, the assessments against the property abutting upon such completed and accepted Unit shall be and become due and payable in installments and with interest as above provided; however, any- owner of such property shall have the right to pay off the entire amount of any such assessment, or any installment thereof before maturity by paying principal and accrued interest to date of said payment; and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which such default is made, at the option of said R. G. Green Construction Company, or its assigns, shall be and become immediately due and payable and shall-be collectible, together with reason =able attorney's fees and all costs and ex- penses of collection, if incurred. SECTICK 7. For the purpose of evidencing said assessments, the liens securing same and the several sums assessed against the said parcels of property, and the real and true owner or 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, Texas, to R. C. Green Construction Company, upon the completion and acceptance of said improvements by the Mayor in the name of the City of Wichita Falls,attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assessments and the times and terms thereof, the rate of interest thereon, the date of the completion and the accept- ance of the improvements for which the certificate is issued, and shall retain the name of the apparent owner or owners as accurately as possible, and the description of the property assessed by lot and blocR number or front foot thereof, or such other description as may otherwise identify the same, and if the said property shall be owned by an estate or firm, then to so state the fact shall be %sufficient, and no error or mistake in describing any such property or in giving the name of any owner or owners, , or otherwise, shall in anywise invalidate or impair the assessment levied hereby or the certificate issued in evidence thereof. The said certificate shall further.provide substantially that if default shall be made .in the payment of any installment of principal or interest when due, then at the option of R. 0. Green Construction Company, or its assigns, or the holder thereof,. the whole of said 5 - VOL � MOM assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorneyfs fees and all expenses and costs of collection, if incurred; and said certificate shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether named or correctly naked therein or not, and the lien upon such property, and that said lien is first and--paramount thereon, superior to all other liens, tithes and charges, except for lawful ad-,�alorem taxes,"from and after the date said improve- ments were ordered by said Board of aldermen, and shall brovide in effect, that if default shall be made in the payment thereof, ,the same may be enforced, at the option of R. 0. Green Construction Company, or its assigns, either by the sale of. the property therein described in the manner provided for collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificate shall further recite in effect that all the pro- ceedings. with reference to making said improvements have been regu- lar ly had in compliance wi i.h the law in force in said City of Wichita Falls, Texas, and proceedings of the Board of aldermen of said City, and that all prerequisites to the Fixing of the assessment lien against the property and the personal liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly done and performed, which recitals shall be evidence of all the matters and facts so r ecited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto, in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Clerk. Said certificates shall .further provide in effect that the City of !-Vichita Falls, Texas, shall exercise all of its lawful powers, vzhen requested so to. do by the holder of said certificates, toaid in the enforcement and collection thereof, and said certificates may con- tain other and .further recitals pertinent and appropriate thereto. It shall not be necessary that said certificates shell be in the exact form as above set _forth. SECTION S. All such assessments levied are, and shall be, a personal liability and change against the re- spective real and true owner or owners of said abutting properties, notwithstanding such owner or owners riay not be named or correctly named, and any irregularity in the name of the property owner, or the description of any property or the amount of any assessment, or in any other natter or thing shall not in anywise invalidate or impair any assessment levied hereby or any certificate issued, and any such mistake, or error., invalidity or irregularity, whether in such assessment or in the certificates issued in evidence thereof`, may be, but is not required to be, in order to be enforceable,cor-- rected at any time by the Board of Aldermen of the City of Wichita Falls, Texas. The total amounts assessed against therespective parcels of property abutting upon the Units or portions of streets above set out and the real and true owner or orners thereof, are the same, or less than, the estimates of said assessments prepared by the .Director of Public Uorhs and approved and adopted by said Board of aldermen, and are in accordance with the proceedings of said City relative to said improvements and assessments,and assessments therefor, and with the terms, powers and provisions of said Chapter 106 of the acts of the First Called Session of the 40th Legislature of the State of Texas, hnoWn as article 11 -5--b of Vernonfs ,annotated Civil Statutes of Texas, %nd ,as `adopted by- the Char ter . of .said City) , 6 -