Ord 839 10/25/1926CaDI!,!ANCE LEVYTNG "SSE jT-E_1rT1'
37 THE COST OI' I:,,� 'RC1- IN X _,`t_
BROWN STREET ITT :r_L CITY C �'
14ICHITA FALLS, TE. ,_S, FI,rIYG CHARGE Al -,i
LIEN AGAIYST ABUTTIYG PROPERT: IND THE
C1,'!N 'rS THEREOF? P-_ROVIDING FOR THE COL-
LECTION OF SUCH ASSESST;iENTS IND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDEMEN
OF THE CITY OF WICHITA FALLS, TE AS, TH_:�T
WHEREAS, the Board of aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 28th day of September , 1925, ordered the improve-
rient of Brown Street in said. City from its inter-
section with the South proper line of Avenue L
to its intersection wig e South pT rop -r_ty line o
Lot 7 Blk 96-A Hi hland by raising, grding and fi-Tung same
and installing concrete curbs and gutters and paving with twc inch
S,eet Asphalt (Wi11_ite Process) on five i=h_Dl c_onerete
foundation; and contract for the making
and cons ruc ion o sueaimprovements was let to Plains Paving
Company; and the Engineer filed with the City roll or statement
showing description of the various parcels of abutting; property,
the amounts to be assessed against each parcel of property aizd
showing other matters and things; and such roll or statement was
examined and approved; and after due and proper notice, hearing
was held and had; and by resolution passed on the day of
192 , all protests and ob jecMi ns .,sere
overruled and the said hearing closed, and
V''HEREAS all other clatters and things necesc -
ary and prerequisite hereto have been done and performed;,and the
Board of Aldermen being of the opinion that the apportionment of 1hc:
costs hereinbelow made and set forth is in substantial propoitior, to
'Ycnei'i cs to the respecti,ie of abutting lel _,,, _• L,
enianded value thereof by meansofsu�eT1 improvements, and iE. i_r2 ra
ccs^dance with law and the proceedings of the City, and that the aro
hereinbelow shown and assessed against such parcels of pr•cperty do
not in any case exceed tine benefits to such property in the enhanced
value thereof by means of such improvements, and that the assessr.Pent�_;
so shown and made do not exceed the proporticns cf costs properly
chargeable to such property under the la.�r and charter in force in t]-1,
City:
THEREFORE BE IT ORD_ INED BY THE BO.�Rp OF
ALDyurIE"N OF THE CITE OF `iTCHITI FALLS, T -E -'-'=S'
'=
THAT:
I.
There shall be and is hereby levied and a
essed against each parcel of property hereinbelow menti or_ed arld
,he c hers .thereof the sums of money below mentioned ai_d i .cl»_< P( z
,,he notal amount set opposite the description of each parcel
�2rtyi; the description of such property, the several amoun.:s
same, together with the total amount assessed, and the -_
� , tie ovine s of such property so far as known, being as folleYrs:
C_1 9 (2 of 4)
II.
The several sums
above mentioned assessed
against said parcels of property and the ovinors thereof, respectivc-
ly together with interest thereon at the r' to of eight (8' ) per
cent per r�nur,l, together with reasonable attorney's fees and costs
of collection, if incurrec,, are hereby declared to be and made a
yicn upon the respective parccls of property against which the
s.11r.�l are assessed and a per�onal liability and charge against the
rc ,.l ane: true owners of such property, whether such owners be nam -
Ga horei.n or not, ani_ the said liens shall be aneccnhichutheaas
first ^ins_ enforceable claim against the property on
essmont is levicc., ane, shall be the first and paramount lien there-
on, su.pericr to all other lions and claims, except state, county
s
and municipal taxes, and the sums so assesses shall be pay
follows, to -writ:
In six equal annual installments clue res
pectively 0 or before thirty days, one, tow,three, four ane,
date of completion ane_ acceptance by the City
five years after the
of said improvements, ane, the sums a,ssessea shall bear interost
from clate of such completion aneC_ accept wince and until pais, -:t the
rate above provides, p.`ty able annually with each installment, and
provic_ed that if default be made in the payment of any installment
ofrind al or interest when due, the whole of the asses.ment vpcn
wh .ph sofpult is mac:_e shall, at the option of the Plains P^.ving
Comp Lny or its assigns, be ane, become at once clue and payable,
tegcther with reasonable attorney's fees ,Inc, costs of collection,
if incurred; and provic_ec, further that the oviners of such property
shall h1nvc the right to pay any or all of the s^id inst^llments
before m:turity at any time, by payment of principal and interest
accrued to date of payment.
III.
The City of 1`ichita Falls shall not be in
any manner liable for the payment of any sums assesses. �. ^ Inst
ary abutting property or any owner, but the saic. Pl^ins P`.ving
Company and its assigns shall lock solely to such cvrn.ers for pay-
ment of the sums ass(,, :od; but the City of Wichita Falls shall
exercise all of its lawful pcvrcrs to ais in the enfcrcemCnt
collection of said liens ane, sums and personal liabilities; ane, if
defaalt shall be made in the payment of any of s:a,ic. sures, collect-
, -on thereof shall be cnforeod either by sale of the property by the
tax collector an4 assessor of the City of Wichita Falls, as near
�s possible in the manner providcc_ for the sale of property for
the non-paymont of ad -valorem taxes, or, at the option of Plains
laving Company, or its assigns, the payment of saiC sures and saic'
liens and liabilities shall be enforced in any court hzvin juris-
diction.
IV.
For the purpose of eviC_encing the several
surer, assesses, against said roareels of abutting property and the
ovners thereof,anC_ the time and terms of payment, ane_ to aic_ in
the onforcomcnt thereof, assignable certificates shall be issued
by the City of ',di.chit^ Falls upon the completion and acceptance
cf the work which certificates shall be executes_ by the T;L'., r in
tl-10 21-ame of the City and Attested by the City Clerk with the cor-
po:,atc seal, ane. shall be payable tc Plains Paving Company, or
assigns, and shall declare the said amounts, time ane, torms
date of completion
,.nc_ the rate of interest and_ the
T
n�;i11 9 ( 3 of 4
r_A a3ceptance of the improvements, shall ccotltainlccon vmeain of to
caner of property as accurately as possible,
Qescription of the property by lot and block number or _Front feet
%ereof, or such other description as may otherwise ideytifY t
:ar.e;
and ii the property shall be owned by un estate, t- r �-1P
sameription thereof as so Ow; shall be sufficient, orr if the
name of the owner be unknown, then to so state the fact shal-'- be
sufficient and no error or mistake in describing any property, or
in giving the name of any owner, shall invalidate or in any wise
impair any certificate or any assessment levied by this ordinance.
Said certificate shall provide substantially
that if the same shall not be paid promptly upon maturity,
then
tin7 shall be collectible with reasonable attorney's fees and
costs of collection, if incurred, and shall also provide sutstan-
ti.ally that the amounts evidenced thereby may be paid to the Col-
lector of Taxes of the City of Wichita malls, Texas, who shall
issue his receipt therefor, which receipt shall be evidence of
such payment upon any demand for same; and the Collector cf `!axes
shall deposit the sums so received by hin:j forthwith wita the City
`T'raasurer• to be kept and held by him in a separate fund hereby
;rvignated as " BROWN STREET -_ Special Certificate
Fund No. ; and when any payment sha 1 be m aae to the tan Collector
upon such certificate, he shall upon pre cntation to him of the
certificate by the contractor or other :golLer• thereof, endorse
said payment thereon; and the contractor or holder of ouch cer--
tificate shall be ertitled to receive from the City Treasurer the
amount paid, upon r_ senting tt him such certificate cc endorsed
and credited by the holder with the amount paid; and such 0000y
ment and credit shall be the Treasurer's warrant for making such
payment. Payments by the Treasurer shall also be receiV A fOr
by the holder of such certificate in writing, and by the surteAder
thereof when the principal, together with accru3d- inter st and
all casts of collection and reasonable attorney's fees, if incurred,
have been paid in full.
Said certificates Miall 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
property described in such certificates and the personal liability
of the owner have been regularly done and performed, and such re -
c `!s shall be prima facie evidence of the facts so recited and
no further proof thereof shall be required in any court
Said certificates may have coupons attached
thoreto in evidence of each or all of the several installments
thereof, or may have coupons for each of the first five installments,
leaving the main certificate to serve for the sixth installment;
which coupons shall be payable either to Plains Paving Company or
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. Talls shall exercise all of its lawful powers
when requested to a, so by the holder thereof to aid in the collOn-
tion thereof, and may contain recitals substantially in accord:. v�
with the above and other additional recitals pertinent or app' �=l
thereto, and it shall not be necessary that the recitals be in exact
form set forth, but the subztance thereof shall suffice.
(4 Of 4)
V. I.
FUEL po7er• ana levy re -assessments in alny ca,_e, and to
-erect mist4ti�es, errors, invalidities or irregularities, either
asse�smenbs or certificates issued in evidence thereof, is in
a(:•cord%nce with lave, vested in the City.
INTRODUCED AND PASSED on its first reading, at a regular
T;1r etitng of the Board of ��ldermen on the day of
1`26.
' _TEST
City Clerk
l�.ay o r
The fact that the improvements herein mentioned are being
delayed pending the taking effect of this ordinance, and that
the a.
condition of said portion of street endangers the public
safety, constitutes and creates an urgent public nece�,nity rseo_uir-
irig that the rules providing that ordinances be read at more than
cie meeting and for more than one time be suspended, and requiring
that this ordinance be passed and take effect as an emergency meas-
ure, and such rules are accordingly suspended and this ordinance
gassed as an emergency measure, and shall be in force and in e �
lir-mediately from and after its passage.
ATTEST:
PASSED AND APPROVED this
G� Cler .
day of 191
mayor