Ord 793 7/19/1926o
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OaDIFA,NCE LEVYING LSSESSIIENT T"CR _ =`A Rall unpaved
OF THE COST OF L,�,`. C . ING O'-'TIOI 911'
Eighth Street
II? THE CITY OF
, ICHITA FALLS, TE,,"2,.c1'1,C'.i .RGE ANI T
LIEN AGAINST ABUTTIIIG PROPER= AND THE
C'ryiuE RC TI.EP�EGF ? PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSIENTS AND FOR TH'.
ISSUANCE OF ASSIGNABLE CyRTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDETI.-:_EN
OF THE CITY OF o'+ICHITA FALLS, TEl 4S, TH:IT
i'd�IEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 23rd day of November , 1925, ordered the improve-
ment of _-Eighth Street— in said City from its inter-
section with tXX Lamar Street -ktx x3t:f
to its intersection with roo greet
by raising, gradz�ng anci' fi ing same
aria installing concrete curbs and gutters and paving with two inch Sheet
Asphalt �iWillite Prodess) pavement on five inch plain concrete
-' -foundation; and contract or e making
and. construction of such improvements was let to Plains Paving
Company; and t11e 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 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 pasEed on the day of
, 192 , all protests and objecions were
overruled and the said hearing closed, and
t I� TEAS all other matters and things necess-
ary and prerequisite hereto have been done and performed; and thn
Board of Aldermen being of the opinion that the apportionment _,i
costs hereinbelow made and set forth is in substa--itial proportion tc
i,he benefits to the respective p�ircels of abattin
enhanced value thereof by means of such improve.: el.ts, aild Is in a.; -
cordance with law and the proceedings of the City, and that tree anon;
hereinbelow shown and assessed against such parcels of prcpert'r do
not in any case exceed t'ie benefits to such property in the enhan .ed
value thereof by means of such improvements, and that the assess -,en
so shown and made do riot exceed the proportions cf costs properly
chargeable to such property under the lax,; and charter- in force in thi'_
City;
THEREFORE BE IT ORDAINED BY THE BO..'i.RD OF
ALDLIU1.,EN OF THE CITY OF `.'._ICHIT 1 FALLS, T_= ' '_S
THAT:
I.
There shall be and is hereby levied and
e; -sed against each parcel of property hereinbelow mentioned and
the otners thereof the sums of money below mentioned arld
,,�e otal amount set opposite the description of each parcel oi'
the description of such property, the several amoun�s ass DL
1_-st same, together with the total amount assessed, and the
tree owners of such property so far as known, being as follows;
Form 9 (2 of 4)
Ii.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, respective-
ly together with interest thereon at the rate of eight M%0) per
cent per annum, together with reasonable attorney's fees and costs
of collection, if incurred, are hereby declared to be and made a
lien upon the respective parcels of property against which the
same are assessed and a personal liability and charge against the
r;al and true owners of such property, whether such owners be nam-
ed herein or not, and the said liens shall be and constitute a
first and enforceable claim against the property or. vjhich the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims, except state, county
and municipal taxes, and the sums so assessed ahsll be_.payable as
follows, to -wit:
In six equal annual installments due res-
pectively on or before thirty days, one, two, three, four and
five years after the date of completion and acceptance by the City
of'said improvements, and the sums assessed shall bear interest
from. date of such eompletion..and acceptance and until paid at the
rate above provided,'payable annually with each instellment, and
provided that if default be made in the payment of any installment
of principal or interest when due, the whole of the assessment upon
which default is made shall, at the option of the Plains Paving
Company or its assigns, be and become at once due and payable,_
together with reasonable attorney's fees and costs of collection,
if incurred; and provided further that the owners of such property
shall have the right to pay'any or all of the said installments
before maturity at -any time, by payment -of principal and interest
accrued to date of payment.
The City of *Wichita Falls shall not bb in.
any manner liabYe for the payment of any sums assessed against
any abutting property or any owner, ,but the said Plains Paving
Company and its assigns shall look solely to such owners for pay-
ment of the sums assessed; but the City of Wichita Falls shall
exercise all of'its lawful powers to`aid in the enforcement and
collection of said liens and sums'and personal liabilities; and if
default shall be made in the payment of any of said.sums, collect-
ion thereof shall be enforced either by sale of the property by
the tax collector and assessor of the City of Wichita Falls, as
near as possible in the manner provided for the sale of property
for the non-payment of ad -valorem taxes, or, at the option of
Plains Faving.Company, or its assigns, the payment -of said sums ands'..
said liens and liabilities shall be enforced in any court having
jurisdiction.
Iv.
For the prupose of evidencing the several
sums assessed against said parcels of abutting property andnthe
owners thereof, and the time and terms of payment, and to aid in
the enforcement thereof assignable certificates shall be issued
by the City of Wichita Falls upon the compl.e.tion and acceptance
of the work which certificates shall be executed by the Mayor in
the name of the City and attested by the City Clerk with the cor-
porate seal and shall be payable to Plains Paving Company, or
its assigns, and shall deciAre the said amounts, time and terms
of payment, and the rate of interest and the date of completion
9 (3 of 4)
ar_ri acceptance of the dimprovements, shall contain the Y ra.me of th,:
( .-, ger of property as accurately as possible, silall contal., a
cription of t .e property by lot and blos* rnainber c is o-P.t feet
Jew �reof, or such other descripticn as r1 ,�r o f F r�wise i�' c�!.fy
and if the property shall be ovine(._ by an estate., :.en the
' � :- cr•ivtion thereof as so ovined shall be sufficient, o.,: if the
nanIa of the ovrner be unknown, then to so state t -be face shall be
sufficient and no e, -or or mistake in describing any Property, or
in giving the namF, o_ any owner, shall invalidute or in any wise
impair any certificate or any assessment levied by this ordinar
Said certificate shall provide substantially
that 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 maid to the Col-
lector of Taxes of the City of 1.' iehita --oalls, 1'exas, who shall
issue his receipt therefor, v?hich receipt shall be evidence of
such, payment upon any demand for same; and. the Collector of Ta:Tes
rilall (i --posit the sums so received by him forti,.vaith with the City
7'x -a -surer to be kept and held byhim in a separate fund hereby
-,i-nated as 11 EIGHTH STREET " Special Cel°ti i_cate
.Fund HO and ,�rlien any payment sii6.11 be r^ade to the tax Collector
U`_ suchcerti icate, he shall upon pre, entation to hi . i of t: E,
certificate by the contractor or other holder thereoi, endorse
payment thereon_; and the contractor or holder of such cer--
tificate shall be entitled to receive from the City Treasurer the
amount paid, upon presenting t6 ,-im succi certificate so ez:d_orseri
an6 credited by the holder with the amount paid; and stud, end-on--se-
ment and credit shall be the Treasurer's wCar•rant for ma='i_ t s tch
T)ayment. Payments by the Treasurer shall also be f0 '
jy the holder of such certificate in writing, and b- t1a- .,ur•render•
thereof when the principal, together with accrued ini t,; c-.stj and
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 roeeedings with reference to making such im-
provements have been regularly had in compliance with law, and t
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-
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 tlae 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
Ploy be signed either with the original or with the fac-simile sig-
n°_ of the Mayor and City Clerk.
Said certificates shall further recite that
the City of liiichita Falls shall exercise all of its lawful powers
when requested to do so by the holder thereof to aid in the collec-
tion thereof, and may contain recitals substantially in accordance
Zrlith the above and other additional recitals pertinent or appropi°irt.;
,Z�reto, and it shall not be necessary that the recitals bo in exact
form set forth, but the substance 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 rending the taking effect of this ordinance, and
that the condition ur said portion of street endangers the publi_c�
health and safety, constitutes and creates an urgent public 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 passed as an emergency measure, and shall be in
force and in effect immediately from and after its passage.
192
w
ATTEST:
City Clerk
PASSED AND APPROVED this _-____.day of
Dayor