Ord 805 8/16/192601
a
�WMPMr
ORDINANCE LEVYING ASSESS;_yI�I T_ 1 I;., � L
aT1I unpaved
OF THE COST OF Ii�'=CVTNG : 9% !'07'L TIC1r, J {`
Eleventh Street IIT --"HE C ITL 0.1
JICHITA FALLS, TE:X_;S, F.lI"ING A CHARGE ASD
LI__3 AGAINST ADUTTIUG PROPE1-ZT7_'- AND THE
OWNIERC THEREOF" PROVIDING FOR THE COL-
LECTION OF SUCH ASSESS.TdENTS AND FOR THE
IS 'DANCE OF ASS IGITABLE CERTIFICATES.
BE IT ORDAINED BY TI'E BOARD OF ALDEP _EN
OF THE CITY OF WICItTTA FALLS, TE u4S, MH -.',.T
14HEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 23rd day of November 4taaeeY2 4 ordered the improve-
rient of allunpaved por ions of 11th—in said City from its inter-
section
nter-
section with tt= Scott Avenue 7:�=xabc _
to its intersection wiEh BrooX Street �x
byra- ising ,grading and fi7j:l-n,,same
and insta ing conc-e e cur s and gutters and paving with t�°o inch Sheet
Asphalt (Willite Process) on five inch rlain concrete.
foundation; and contract for -the mak--_
and cons ruc lon of such improvements 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 prop-erty and
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 A, day of
all protests and ob�ie-7 ns were
overruleov6riuleCl anT the said hearing closed, and
'��E1REAS all other matters and things necess-
'`H
ary and prerequisite hereto have been done and performed; and the
Board of Aldermen being of the opinion that the apportionment of the
hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in Lhe
enhanced value thereof by means of such imprcve;.ents, and is in ac-
cordance with law and the proceedings of the City, and that the amou_''
hereinbelow shown and assessed against such parcels of property do
not in any case exceed the benefits to such property in the enhanced
value thereof bV means of such improvements, and that the ass-ess,. err'-.
so shown and made do not exceed the proportions of costs properly
chargeable to such property under the la -,r,; and charter in force in tl
City:
THEREFORE BE IT ORDAINED BY THE BOARD OF
ALDLUvIEN OF THE CITU
THAT: OF 1.'r1CHIT_1 FALLS,
I.
There shall be and is hereby levied and as-
nc ed against each parcel of property hereinbelovi mentioned
the owners thereof the sums of money below mentioned a _d ite 'ize:�
tele total ar,.ount set opposite the description of each pGrcey c "
T; the description of such property, the several amounts
ainst same, together with the total amount assessed, and the
o'' the owners of such property so far as Known, being as follows:
71
orm 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property ane. the owners thereof, respcctivo-
ly together with interest thereon at the rate of eight (8'')) per
cent per annum, together with reasonable attorney's fees ane: costs
of collection, if incurrec., are hereby declared to be and made a
lien upon the respective p reels of prcporty against which the
sa'.., are assessed and a p(,-;;rsonwl liability and charge against the
rc a ane true oti,Tncrs of such property, whether such owners be nam-
ccC, herein or not, anC. the said. liens shall be anC. eonNtituto a
first ane' enforceable claim against the prcporty on which the ass-
ossiaont is levied, a,nCL shall be the first and paramount lion_ there-
on, superior to all ether liens ane. claims, except state, county
anL municipal taxes, and tho sums so assessed shall be pay^ble as
follows, to -writ:
In six equ-�l annual installments clue res-
pectively on or before thirty Lays,one, tow, three, four and
five years after the date of completion ane. acceptance by the City
of said improvements, and the sums assessed shall bear intcrost
from elate of such cor )leti.cn anC acceptance ane. until_ pail -t the
rate above providcc' , � yable - nnually with each installment, ane.
provided that if default be mane in the paymont of any installment
of principal or interest when clue, the whole of the asses,-ment upon
which Lefault is m --Lo shall, at the option of the Mains :ving
Comp tiny or its assigns, be and become at once due and pay°:ble,
together with reasonable attorney's fees and costs of collection,
ii incurred; and proviLed further that the ovrners of such property
shall have the right to pay any or all of the s^iL installments
before m;iturity at any time, by payment of princip,il ane'_ interest
accrued to date of payment.
The City of '11+ichita -Palls shall not be in
an7r manner liable for the payment of any sums :isscsseL against
any butting property or any owner, but the said Flo ins Paving
Ccnpany and its assigns shall lock solely to such owners for pay-
rlent of the sums asscsseL; but the City of 1vVichita. Falls shall
exercise all of its lawful pevrers to aiL in the enforcement , nL
collection of said liens a,nc. sums anL person'
liabilities; and if
Lefault shall be maLe in the p:a,yment of any of said sums, collect-
ion thereof shall be enforccL either by sale of the property by the
tax- collector ane. .-assessor cf the City of 'Nichit : Falls, as near
as possible in the manner provided for the sale of property for
the pion -payment of ad-va.lorcm t xes, or, at the option of Plains
.waving Company, or its assigns, the payment of said sums ^nd said
lions .an(f. liabilities shell be enforced in :any court having.juris-
diction.
IV.
Fo.r the purpose of evidencing the several
SUMS assesseC_ against sail parcels of abutting property- ane. the
owners thereof, and the time and terms of payment, ane- to ^ iC_ in
the onforcumcnt thereof, assignable certific^tes shall be isueL
by the City of ':dchita Falls upon the completion and acce-�)t^.ace
cf the work which certificates shall be executes by the ld---' cr in
the n^mo of the City anCL 2.ttestod by the City Clerk with the cor-
peratc seal, ani sh.1-11 be payable tc Plains Paving Company, or
it., -..signs, ane_ shall Leel -re the staid amounts, time and terns
cf-%yr-ent, :,,nC the rate of interest and the elate of cemplction
?.4 ,acceptance of the d)mprovements, shall cont«in the t
±ner. of property as accurately as possible, shat- noisy a,., a
description of tie ] property by lot and block number or . ron.t feet
z:°roof, or such other description as may otherwise identify
cac.e; and if the property shall be owned by an estate, then the
�IE,Cription thereof as so owned shall be sufficient, or. if the
name of the owner be unknown, then to so state the fact shall be
sufficient and no error or mistake in describing any property, or
i71 giving the name of any owner, shall invalidate or in any wise
impair any certificate or any assessment levied by this ordinance.
Said certii:icate shall provide substantial -_v
t'iat if the same shall not be paid promptly upon maturity, then
they shall be collectible with reasonable attorney's fees and
costs of collection, if incurred, and shall also provide sutstan-
tially 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, vihich receipt s'-ia-._1 be evidence of
.,,ch _r)ayrnent upon any demand for same; ani, tide Collector of Taxes
l'Pll deposit the sums so received by hire forthwith wit i -he City
I.2asurer to be kept and held by him in a se - o_ -ate fund hereby
:.,ignated as 11ELEVENTH STREET " S-oecial Certificate
,'nild I,So. and when an,* payment slia. 1 be made to the i, :ax Collector
u'oon suchcer•ti:Licate, he shall upon precertation to .' i.. of t=Eie
certificate by the c ntractor or other holder ther.of , eneLorse
said payment thereon; and the contractor or holder of such cer-•
ti'i ;ate shall be entitled to receive from the City Treasurer 1_:_
amount paid, upon presenting dads him such certificate so endorsed
and credited by the holder with the amount paid; ane`uuCli Endorse-
ment and credit shall be the Treasurer's warrant for
payment. Payments by the Treasurer shall also I,e
by the holder of such certificate in writing, and bIr the surr6ziOler•
thereof when the principal, together with accrued interest a.LL�d
all costs of collection and reasonable attorney's fees, if incurred,
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
a-_]_ prerequisites tothe fixing of the assessment lien against the
Pl�.perty described in such certificates and the personal liability
of the owner have been regularly done and performed, and such re-
citals 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
thereto 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
maT be signed either with the original or with the fac-simile sig-
natures of the Mayor and City Clerk.
Said certificates shall further recite th-.
the City of ;iichita Falls shall exercise all of its lawful pow,_�j_.
when requested to do so by the holder thereof to aid in the collec-
tion thereof, and may contain recitals substantially in accordance
!Frith the above and other additional recitals pertinent or appropriate
t1lereto, and it shall not be necessary that the recitals be in exact
form set forth, but the subxtance thereof shall suffice.
Form 9 (4 of 4)
FULL power and levy re -assessments in any
case, and to correct mistakes, errors, invalidities or irregular-
ities, either in assessments or certificates issued in evidence
thereof, is in accordance with law, vested in the City.
The fact that the improvements herein mentioned
are being delayed pending the taking effect of this ordinance, and
that the condition of said portion of street endangers the public
health and safety, constitutes and creates an urgent pi.blic nec-
essity 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 passers as an emergency measure, and shall be in
force and in effect immediately from and after its passage.
PASSED AND APPROVED this /�, day of
19
ATTEST:
a�r�r