Ord 888 4/4/1927 no date used Ord 890 dateFORM NO. 9.
AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF 'J`I' -1�r .; :Tui
DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING FOR THE
CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH
IMPROVEMENTS. LEVYING ASSESSMENT THEREOF, AND FIXING THE TERMS AND TIMES OF
PAYMENTS, AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUAN;:
FORM NO. 9. (2 )
2.
That said improvements be made and constructed in the name of the
City by contract.
3.
That there is and shall be hereby levied against each of the owners
of property below mentioned, and against his or her property below described,
the several sums of money below mentioned and itemized for curbs and for paving
and for other improvements, and the total amount thereof, set opposite the name
of the person and his or her property, the names of said property owners and the
description of their property, and the several amounts assessed against them and
their property being as follows:
FORM NO. 9 . (3 )
and being for the proper and proportionate amount of the cost of the improvements
upon which each such lot or parcel of land abuts ;
4.
That the cost of such improvements shall be paid by the owners of
abutting property, paying the sums by this ordinance assessed against them and
their property, and the City paying the remainder.
That the several sums above mentioned assessed against said prop-
erty, and the owners thereof, respectively, are hereby, together with all costs
of collection thereof, including reasonable attorney's fees and costs of collec-
tion, if incurred, and interest on all of said sums at the rate of 8% per annum,
declared to be a lien on the said respective parcels of property against which
the same are assessed, and a personal liability or charge against the owners
thereof, whether such owners be herein correctly named or not, the assessments
herein being levied against the said premises and against the true owners there-
of, and the said liens shall be and constitute the first enforceable claim against
the said property against which it is assessed, and be the first and paramount
lien thereon, superior to all other liens and claims, except State, County and
Municipal Taxes, and the sums so assessed shall be payable as follows, to -wit:
In six equal installments, the first installment shall be due and
payable Within thirty- days after date of completion and acceptance
of such improvements by the City; and the second installment one year from said
date ; the third installment in two years from said date ; and the fourth install-
ment in three years from said date; the fifth installment in four years from said
date ; and the sixth installment in five years from said date ; all bearing interest
at the rate of eight per cent per annum, payable annually with the provision that
if default shall be made in the payment of any principal or interest when due the
whole of such assessment upon such default shall at once become due and payable
at the option of the contractor constructing such improvements, or its assigns,
provided, that said property owners shall have the right, and are hereby given
the option to pay before maturity by payment of principal and accrued interest.
That the City of Wichita Falls shall not be in any manner liable for
the payment of any sum hereby assessed against any property owner or his prop-
erty, but that the said contractor shall look solely to such property and the
owners thereof for the payment of said sums, but the said City of Wichita Falls
shall exercise all of its lawful powers to aid in and enforce the collection of
said sums and if default shall be made in the payment of any of said sums hereby
assessed against said property owners and their property, collection thereof
shall be enforced either by the sale of the said property by the Tax Collector and
Assessor of the City of Wichita Falls, as near as possible in the manner provided
for sale of property for non-payment of advolorem taxes, or at option of said con-
tractor or its assigns, the payment of said sums shall be enforced in any court
having jurisdiction.
6.
That for the purpose of evidencing the several sums payable by the
owners of said property and the times and terms of payment and to aid in the en-
forcement thereof, assignable certificates shall be issued by the City of Wichita
Falls upon the completion and acceptance of the improvements for which the as-
sessment is levied, which shall be executed by the Mayor and attested by the City
Clerk with the corporation seal in the manner provided by the City Charter and
law and proceedings in force in this city, and shall be payable to the Contractor
performing said work and constructing said improvements, or its assigns, which
certificates shall declare the said amounts and the times and terms of payment
thereof, and the said rate of interest payable thereon, and shall contain the
name of the owner and description of his property and the lot and block number
or front feet thereof, or such other description as may otherwise identify same,
and if said property shall be owned by an estate, the description thereof as so
owned shall be sufficient. Said certificates shall further provide that if de-
fault shall be made in the payment of any installment of principal or interest
thereon when due, then, at the option of said Contractor, or its assigns, being
the owner and holder thereof, the whole of said assessment shall at once become
due and payable and shall be collectible with reasonable attorney's fees and costs
of collection, if incurred. Said certif icates shall further set forth and
evidence the personal liability of the owner of such property and the lien upon
such premises, and shall provide that if default be made in the payment thereof,
FORM NO. 9 . (4 )
that the same be enforced either by sale of the property by the Tax Assessor and
Collector of the City of Wichita Falls, as above recited, or by suit in any court
having jurisdiction and the said certificates shall further recite substantially
that the proceedings, with reference to making the said improvements have been
regularly had in compliance with the laws and proceedings of the City of Wichita
Falls, and with the provisions of its Charter, and that all prerequisites to the
fixing of the lien and the claim of personal liability evidenced by such, have
been performed, which recitals shall be evidence of the facts so recited and no
further proof thereof shall be required in any Court. And said certificates
may also recite substantially that the amount thereof, shall be payable to the
Collector of Taxes of the said City, who shall issue his receipt therefor when
paid, which receipt shall be evidence of such payment on any demand for the same,
whether by virtue of said certificates or any contract to the same entered into
by the owner of such property and that the collector of Taxes shall deposit all
sums so received by him forthwith with the City Treasurer, who shall keep the same
in a separate fund, and that when any payments shall be made to the collector of
taxes upon presentation to him of such certificates by the contractor or other
holder thereof, endorse credit thereon f or payment received and the holder
thereof shall be entitled to receive from the City Treasurer the amount paid,
upon presentation to him of said certificate so endorsed by the Collector of
Taxes and credited by the holder with amount paid, and such endorsement and
credit shall be the Treasurer's warrant f or making such payment to said con-
tractor or other holder. And the said contractor or holder of said certificates
shall receipt in writing to said Treasurer therefor and surrender said certifi-
cates to said Treasurer when paid in full, together with costs of collection and
attorney's fees, if incurred. And the said certificates may further provide
that the City of Wichita Falls, shall exercise its lawful powers when requested
so to do by the holder of said certificate to aid in the collection hereof, but the
City of Wichita Falls, shall in no wise be liable to the holder of said certifi-
cates in any manner for payment of the amount evidenced thereby, or for any costs
or expenses in the premises, and such certificates may contain recitals appro-
priate thereto.
Said certificates may hava
of each or all of the several installment
either to said contractor or its assigns
such coupons may be signed either with the
ture of the Mayor and City Clerk.
7.
coupons attached thereto in evidence
s thereof, which coupons shall be payable
or to said contractor-, or bearer; and
original or with the facsimile signa-
That no mistake, invalidity, error, or irregularity in the naming
of any property owner or the description of any property, or the amount of any
assessment, or in any proceedings with reference to any assessment, shall in any-
wise invalidate or in anywise affect any assessment hereby levied, and any such
mistake or error, whether in such assessment or the certificate issued in evi-
dence thereof, may be corrected at any time by the Board of Aldermen of the City
of Wichita Falls, or reassessments therefor maybe levied.
8.
The fact that the improvements herein mentioned are being delayed
pending the effect of this ordinance, and that the condition of said portion of
street endangers the public health and safety, constitutes and creates an ur-
gent public necessity requiring that the rules providing that ordinances be read
at more than one meeting and for more than one time be suspended, and requiring
that this ordinance be passed and take effect as an emergency measure, and such
rules are accordingly suspended, and this ordinance is passed as an emergency
measure, and shall be in force and effect immediately from and after its passage.
That this ordinance shall take effect from and after its passage.
Passed and approved this 21st day of 17rch A. D. 192 7.
APPROVED:
ATTEST:
.................................
CITY CLERK.
MAYOR.
of _
O3DIITAI�TCE LEVYI,G ASSESST,IENT '"t R L
07 THE COST OFI v,^�_RC�, T.:'TG-PC'T:TION OF
FCRRF,ST AVI LiUE
II? THE CITY 0-
"WICHITA FALLS, TEX..--S, F. -I LTG -1i CHARGE AND
LIEN AGAINST ABUTTIITG PROPERTy 3ND THE
OriI ER` T??EREOF? 'PROVIDING FOR THE COL -
LEC TION OF SUCH LSS-F, 9c , TTS AND FOR THE
ISSITANC OF AS SIGiTABLE CERTIFICATES.
BF IT ORDAINED BY THE BOA ,D OF ALD7=11' `EN
OF THE CITY OF 'ru ICHITA FAILS, TF 4S , TH.`�T
VjHHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the grid day of :��..ust , 1926, ordered the improve-
ment of n ores`- lvantte in said City from its inter-
section with the jou proper Y line of York .`�vonue
von cur line o
to its intersection _ wi e��-._.._-_._,,
Lexi ton ==venue by raising , grad, Ing anETI Tl1H same
and installing concre e cur s and gutters and paving with "to inch
:sheet j.�s halt('k'illite groeeSd on :Five inch concrete
oundation; and contr•ac for he making
ar
. cons nuc Ion o such Improvements was let to Plair_s Paving
Company; and the Engineer d. with the City roll or statement
showing description of the various parcels of abutting; property,
the amounts to be a,..Nessed against each parcel of property and
showing other matters and things; and such roll or statement w�_L
examined and approved; and after due and proper notice, hearing
was held and had; and by resolution passed on the day
cf
192 , all protests and objet tions
overruled and the said. hearin,-g closed, and
,HEREAS all other matters and thins necess-
ary and prerequisite hereto have been done and performed; and the
Board of Aldermen being of the opinion that the �_pper•ticnr.qent of the
costs hereinbelow made and set forth is in substa-gtial proportion to
the benefits to the respective pn.rcels of abutting property in `.11e
enhanced value thereof by means of such irnpreve:)-,ei ts, and is in a,3
cordance with law and the proceedings of the City, and that the ar>10
hereinbelow shown and assessed against such parcels of prcpert.,a'c
ri in any caro exceed the benefits to such property in the enha_���Ec�
value thereof bar means of such ir:provernents, and that the ass,ess _-.erg
so shown and made do not exceed the proportions cf costs properly i -,J
chargeable to such property under the larj and charter in force i -n
City:
THEREFORE BE IT ORDAINED BY THE BO -:ARD DF
ALDyRl1iEN OF THE CIT'T OF `.'lICHIT:� F2..LLS, T THAT:
I.
There shall be and is hereby levied and ass--
..ed against each 9.r•cel of property hereinbelow mentioned and 1 -•-
,he owners thereof c - -e sums of money below mentioned.. a -,d i
o
e total amount set opposite the description of eacparcel
the Lescripti.on of such property, the several ar_lourlts also;_vea
same, toT�ether with the total amount assessed, and t��.0 1l,ar=.e :
of the owners of such property so far as known, being as fo�..�.e��%�.
norm 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property anC, the owners thereof, respective-
. (8'�) per
ly together with interest thcrecrl at -b
o rate of ,s fees anC.. costs
cent per annum, together with reason,,
at Corney
of cylection, if incurro �, are hereby declared. toagainbe and
mthc a
lien
u-pon the respective parcels liability
bilitrty d-
sa.; are assessod and a personal liability arld charge against the
rc a and true ovnlcrs of such property, whether such owners be nam-
ou 'dorcin or not, a,nC. the said liens shalrbcrtyc ononhich�theaass-
iirst ane'_ enforceabst
le claim gainst the pc
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens CMC, claims, except state, county :IM municipal taxes, ane' the sums so assesseC shall be p..y
follows, to -writ:
In six equal annual installments due res-
pectively on or before thirty Lays, one, tour, three, four a.nL
five years after the sate of completion ane,_ accGptance by the City
of said improvements, and the sums assessed shall bear interest
from date of such completion and acceptance anL until paid It the:
r^ate above provic_er'_, p�y!-
a�ble annually any vrith each installment, a,nd
proviC_ed that if default be made in the payment of installment
of principal or interest when Luc, the whole of the asscs,- cnt upon
„-
tr;hicli C cfault is m^c_c shall, at the option of Clic Per ins 1,_,ving
Cor:1p any or its assigns, be ane, become at once due and pay°'bee,
together with reasonable attorney's fees and costs of collection,
if incurred; and proviLcd further that the owners Of such property
shall have the right to pay any or all of the s^id Inst^.11ments
before r1! turity at any time, by payment of principal a,nC ir._terest
accrued to Cate of payment.
III.
The City of t ichita Falls shall not be in
,n7r manner liable for the paymcnt of any sums assesseC_ against
any abutting property or any avrner, but the said 1-jains P' ving
Company and its assigns shall lock solely to such cvrn.ers for -11
p^ -y-
r_ ent of the sums asscssec.; but the City of ivichita, Falls ski l—
exercise all of its lavrful pevrers to aiC_ in the onfcrcemcr-t :-nC_
collection of said liens ane- sures ?nc- personal liabilities; �.nC. if
r_ofai.iit shall be made in the payment of any of sail Sun; ' collect-
-yon thereof shall be enforceC_ either by sale of the preperty by the
tax collector ani assessor of the City Of' ':bichita Falls, as near
s passible in the manner pr for the sale of property for
at the optica of Plains
T,',_e .ion-paymont of ad -valorem t-.xes, or, C„
:
7Uin1 y 1.3 of 4) the
. �t�, acceptance of the r�mprovements, shall contain the name A
accurately as possible, shall cont in a
as accura
U ner of property lot and block number or fIcnt feet
r'vocription of the property bylot
as may otherwise ide��tii�
tv _ . sof, or such other descriptionthen the
a,:e; and if the property shall be owned by an estate,if
,, e .cription thereof as so owned shall be sufficient, or, �ha1�l be
nano of the owner be unknown,
then to so state the fact l or
sufficient and no error or mistake in describing any propertyiso
in giving the name of any owner, shall invalidate or in any
impair any certificate or any assessment levied by this ordinance.
Said certificate shall provide substantially
..ball not be paid promptly upon maturity, then
that if the same Gattorney's fees and
they shall be collectible with reasonably lloProvide sutstan-
costs of collection, if incurred, and shall y b p
tially that the amounts evidenced
ctherei�allsV, Texas,dwhoo shallol-
lector of Taxes of ' e City of Wichita
issue his receipt th refor, which receipt shall be evidence of
such payment upon any demand for same; and the Collector of Tam
shall deposit the sums so received by him forthwith with the City
Treasurer to be kept_ �}d
and held by him in a separate
epecialherrt�.� icate
eby
designated as "- a`=R 4': T .hNU? the tam Collector
fund Yo. and when any payment s;Yall be made }c
upon such certificate, he shall upon presentation to him of tKe
certificate by the contracter ctorooreholdertJof , suchocer•-
said payment thereon; and he contra
tif_icate shall be entitled to r�ecimvsuchfrom
cerhificatee City TsoaeY�dor•sedthe
amount paid, upon presenting t
and credited by the holder 1Theasur•the er�snwarrant for ma? such
ir��ur;
endorse-
ment and credit shall be the.��, _ t,E,�('. -;.cY
payment. Payments by the Treasurer shall also abe na reCeie et VO 1c: Pr
b�* the holder of such certiftoact,ther within laccrucd interest and
thowsof when the principal, g' t s ices, if incurred,
all costs of collection and reasonable attorney
have been paid in full.
Said certificates shall further recite sub-
stantially that all proceedings with reference to making such im-
provements have been regularly had in compliance with law, and that
all prerequisites tothe fixing of the assessment lien against the
ficates and the personal
property described in such certi
personal liability
of the owner have been regularly done and ;performed, and such re-
citals shall be prima facie evidence of the facts sourto ecited and
no further proof thereof shall be required in any
Said certificates may have coupons attached
thereto in evidence of each oforall
each ofthe
theVfirstrfivelinstali.�. 3
thereof, ormay have coupons
leaving the main certificate to serve for the sixth installmenCompanor
which coupons shall be payable either to Plains Paving
its assigns, or to Plains Paving
Company or bearer; and such coupons
may be signed either with the original or with the fac-simile sig-
natures of the Mayor and City Clerk.
Said certificates shall further recite that
the City of Wichita Falls shall exercise all of its lawful powers
when requested to do so b,�
the holder thereof to aid in the collec-
cordance
tion thereof, and may contain recitals sublspertinentnorcappropriate
with the above and other additional recitststhe recitals be in exact
thereto, and it shall not be necessary
SIM set forth, but the substance thereof shall suffice.
T'n1m 9 (4 0i 4)
V.
FULL po-u-er• and levy re -assessments in any case, and to
correct mistakes, errors; invalidities or irregularities, either
.n assessments or certificates issued in evidence thereof, is in
accordance with lay., vested in the City.
INTRODUCED AND PASSED on its .first reading at a Regular
T; feting of the Board of :�ld.ermen on the day of
1926.
.TEST:
City Clerk
mayor
The fact iat the improvements herein mentioned are being
delayed pending the 'U-aking effect of this ordinance, and that
condition of said portion of street endangers the public health
safety, constitutes and creates an urgent public neceUsity requir-
ing that the rules providing that ordinances be read at more than
one meeting and for more than one time be suspended, and requiring
that this ordinance be passed and take effect as an emer4;ency meas-
ure, and such rules are accordingly suspended and this ordinance is
_08.ssed as an emergency measure, and shall be in force and in effect
immediately from and after. its passage.
PASSED AND APPROVED this day of 1926.
,MEST:
17 y C erk