Ord 831 10/18/1926AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF
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iv{, �;T�l �EV.:�1�Tr ,.�..F?r�..�. r��0.ai T'.E 'e�iE��T CURB �I.�E OF BROOK
TO r i� EAS?' CUYB �IIaE OF V �_O �T A7F11vUE,
DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING
FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAY-
MENT OF THE COST OF SUCH IMPROVErJIENTS. LEVYING ASSESS11 +1 T THEREOF,
AND FIXING THE TERMS AND TII ES OF PAYMENTS, AND THE RATE OF INTER-
EST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES.
I2�E,D BY THE BOARD OF ALDERMEN OF THE
BE IT AND IT IS HEREBY ORDA
CITY OF '.'ICHITA FALLS: THAT,
`"HEREAS, the city of V-jichita Falls has heretofore determin-
ed by resolution the necessity of improving the following portion of
street in said city; all the un?aaved portion of North Seventh Sti t
froii the Wesi, Curia Line of. Brook Avenue to the East Curb Line of
Vermont Avenue
and plans and specifications therefor have been prepared and filed
by the City Engineer, and examined, corrected and approved by the
City, and bids for the making and construction of such improvements
have, after due advertisement and notice, been received, opened and
examined and the bid of West Texas Construction Company for the
making and construction of such improvements, with the materials and
methods herein ordered found to be the lowest responsible bid, and
the City Engineer has prepared and filed with the City esti=mates of
the cost of such improvements and of the amount to be assessed
against abutting lots or parcels of property and the owners thereof,
with the description of each such lot or parcel of property, and the
names of the owners thereof, in the manner reauired and provided by
the Charter of this City and the laws in force in this City and the
proceedings of this City applicable thereto; and,
17hereas, by resolution passed and adopted on the 2nd day
of August 19261 it was ordered that a hearing to all owners of
property abutting on said portion of street named to be improved,
their agents or attorneys, and all others interested in the said im-
provements, or in any matter or thing in anywise connected therewith,
be held in the Council Chamber in the City National Bank Building in
the City of _�Iichito Falls, Texas, at7:30 P.M. the 4th day of October
1926, and that notice of such hearing and the time and place thereof
be given; and,
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7ME'REAS, such notice was given in the manner provided in
said resolution and in the manner and for the length of time provid-
ed and required by law, and the proceedings of this Board; and,
�IHE.RE.S, at said hearing all ,desiring to contest said as-
sessments or in a manner desiring to be heard concerning the benefits
thereof, or said improvements, or as to any other matter in manner
connected with or Ihcident therein or as to damages resulting there-
from, were fully and fairly heard, and all errors, mistakes, inequal-
ities, and all other matters requiring rectification were rectified
and Aldermen having heard and considered the evidence, and being of
opinion from the evidence that the assessments herein below made and
charges hereby declared against property owners and their property,
are just and equitable, and that in each case the assessment made
against any parcel or lot or property is less than the benefits to
said property in the enhanced value thereof by means of the improve-
ment
mprovement upon which said property abuts, and the Aldermen having consid-
ered and adopted the rule of apportionment below set forth and the
division of the cost of said improvements, between said property
owners, and their property, as just and equitable and producing sub-
stantial equality considering benefits arising from said improve-
ments and burdens inposed thereby, and damages resulting from or
caused thereby, such apportionments being the same as shown on the
report and estimate and statement theretofore filed by the City En-
gineer with the Board of Aldermen, and herein above referred to, and
said hearing having been closed;
1.
That the following portion of street in the City of Wichita
Falls is hereby ordered improved by raising, grading and filling same
and installing concrete curbs and gutters, and paving with Warrenite-
Bitulithic Pavement on Concrete Foundation, under and in accordance
with plans and snecif.ications thereof, heretofore prepared and filed
by the City Engineer, and adopted and approved by the City, to wit:
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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 prop-
erty 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 de-
scription of their property, and the several amounts assessed
against them and their property being as follows:
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 as-
sessed against them and their property, and the City paying the re-
mainder.
That the several sums above mentioned assessed against
said property, and the otirners thereof, respectively, are hereby, to-
gether with all costs of collection thereof, including reasonable
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attorney's fees and costs of collection, if incurred, and interest
on all of said sums at the rate of 6f 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 premid es
and against the true owners thereof, and the said liens shall be and
constitute the first enforceable claim against the said property a-
gainst which it is assessed, and be the first and paramount lien
thereon, superior to all other liens and claims, except State,
County and `funicipal Taxes, and the sums so assessed shall be pay-
able as follows, to wit:
In six equal installments, the first payable within thirty
days after the completion and acceptance of such improvements by the
City; and the second in one year from said date; the third in two
years from said date; and the fourth in three years from said date;
the fifth in four years from said date; and the sixth in five years
from laid 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 im-
provements, or its assigns, provided, that said -property owners
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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 Pichita Falls shall not be in any manner
liable for the payment of any sum hereby assessed against any prop-
erty owner of his property, 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 collections of said sums
and if default shall be made in the payment of any of said sums here-
by assessed against said property owners and their property, collec-
tion thereof shall be enforced either by the sale of the said prop-
erty by the Tax Collector and Assessor of the City of Vlichita Falls,
as near as possible in the manner provided for sale of property for
non-payment of advolorem taxes, or at option of said contractor 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 enforcement thereof, assignable certificates shall be
issued by the City of V,,,Tichita Falls upon the completion and accept-
ance of the improvements for which the assessment 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 improve-
ments, or its assigns which certificates shall declare the said a-
mounts 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 descrip-
tion thereof as so owned shall be sufficient. Said certificates
shall further provide that if default shall be made in the payment of
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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 the said assessment shall at once be-
come due and payable and shall be collectible with reasonable attor-
ney's fees and costs of collection, if incurred. Said certificates
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, 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 and 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 fix-
ing 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 pay-
ments 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 for 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 Col-
lector of Taxes and credited by the holder with amount ?paid, and such
endorsement and credit shall be the Treasurer's warrant for making
such payment to said contractor or other holder. And the said con-
tractor or holder of said certificates shall receipt in writing to
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said Treasurer therefor and surrender said certificates 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 Fa lls, shall
in no wise be liable to the holder of said certificates in any manner
for payment of the amount evidenced thereby, or for any costs or ex-
penses in the premises, and such certificates may contain recitals
ap-oropriate thereto.
7.
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 anywise invalidate or in any wise affect
any assessment hereby levied, and any such mistake or error, whether
in such assessment or the certificate issued in evidence thereof,
may be corrected at any time by the Board of Aldermen of the City of
,Yichita Falls, or reassessments therefor may be levied.
passage.
ATTEST:
M
That this ordinance shall take effect from and after its
CITY CLERK,
APPROVED:
PAAYOR