Ord 830 10/18/1926AN ORDRTANCE ORDERING THE IMPROVEI:' NT OF A PORTION OF
NORTI- Ti'IRD 39" �J T F'IR0 : T,' -7,E 1-RHSE,IgT PAVING 0! 11OF t:
_Or.'j°J.Y TO T'hE lr!E;T PR OP T'1?sTY L sNi? OF GRIND At7E �uE .
DESIGNATING THE MATERIALS AND 1MTHODS OF IMPROVM1ENT, AND PROVIDING
FOR THE C ONS TRUC T I ON THEREOF BY C ON TRAC T AND PROVIDING FOR THE PAY-
MENT OF THE COST OF SUCH ITJIPROVEMENTS. LEVYING ASSESSI;MNT THEREOF,
AND FIXING THE TER11S AND TI,TES OF PAYMENTS, AND THE RATE OF INTER-
EST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES.
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDEMMI OF THE
CITY OF `.'ICHITA FALLS: THAT,
77HEREAS, the city of Wichita Falls has heretofore determin-
ed by resolution the necessity of improving the following portion of
street in said city; all the unpaved portion of North Third Street
fron, the present paving on North. L.roadway to tLhe ',"lest property Line
of Grand 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 estimates 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 required 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,
1-h.ereas, by resolution passed and adopted on the 2nd day
Of August 192 5 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 C ity of _�:_Tichita Falls , Texas , at 7:30 P. Im. the 4th day of Oetol;F;r.
1926, and that notice of such hearing; and the time and place thereof
be given; and,
;i
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DESIGNATING THE MATERIALS AND 1MTHODS OF IMPROVM1ENT, AND PROVIDING
FOR THE C ONS TRUC T I ON THEREOF BY C ON TRAC T AND PROVIDING FOR THE PAY-
MENT OF THE COST OF SUCH ITJIPROVEMENTS. LEVYING ASSESSI;MNT THEREOF,
AND FIXING THE TER11S AND TI,TES OF PAYMENTS, AND THE RATE OF INTER-
EST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFI-
CATES.
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDEMMI OF THE
CITY OF `.'ICHITA FALLS: THAT,
77HEREAS, the city of Wichita Falls has heretofore determin-
ed by resolution the necessity of improving the following portion of
street in said city; all the unpaved portion of North Third Street
fron, the present paving on North. L.roadway to tLhe ',"lest property Line
of Grand 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 estimates 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 required 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,
1-h.ereas, by resolution passed and adopted on the 2nd day
Of August 192 5 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 C ity of _�:_Tichita Falls , Texas , at 7:30 P. Im. the 4th day of Oetol;F;r.
1926, and that notice of such hearing; and the time and place thereof
be given; and,
a_ s
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WHEREAS, 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,
1,71IEREAS, 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 iheident 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 t1ne improve-
ment 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 innosed 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 i'arrenite-
Bitulithic Pavement on Concrete Foundation, under and in accordance
with plans and specifications thereof, heretofore prepared and filed
by the City Engineer, and adopted and approved by the City, to wit:
3
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 owners thereof, respectively, are hereby, to-
gether with all costs of collection thereof, including reasonable
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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 1.7ichita 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,
u?oon 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 certifidates 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 1,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
Wichita Falls, or reassessments therefor may be levied.
passage.
ATTEST:
That this ordinance shall take effect from and after its
CITY CLERK.
APPROVED:
nJIAYOR