Ord 791 7/5/1926�+ C
C'�ylT1; �_LiE LEUl Ii�G riCJSE SS_T� ENT T .l _ �"-'• -
OF THE COST OF ITvTRCVING A i C'ITION 0l
AVENUE T III THE CITY O G
WICHITA FALLS, TEX_`.S , H -L -ING 4 CHARGE
LI:ZiN AGAINST ADUTTIIIG PROPERT`.r AND THE
OtJl1E c THEREOF? _P"
FOR THE COL-
LECTION OF SUCTr _JSSESc NTS FOB. THE
ISSITANCE OF ASSIGNABLE C RTIF!CATES.
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY T.H.BOA-D OF ALDET'11EN
OF THE CITE OF WICHIT2FALLS, TElAS, TH.�
�'THERE_�S, the Board of Aldermen of the
City of Wichita .Falls, Texas, has heretofore by resolution passed
othe d.a.y of ____ a Cla-- lg , ordered the improve-
22nd- --'-r"' in ua' City from its inter-
.irient of
section csith t e East curb line of Fair W
!Jw�wo
to its intersection witha Easth- �"� same
by raising, gra In and 11= ng
aria instal ing. concrete cur - s and gutters and paving with tw2
inch sheet asphalt (Willite Process,) onV-5�) i�neo__
foundation; an contrae or the making
and construction 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,
t;. 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 passed on the 5th day cf
J � 192 , all protests and objections were
o rerru,Ied annhe said hearing closed, and
iu?TEREAS all other .Matters and things necess-
ary and prerequisite hereto have been done and performed; and the
Board of Aldermen being of the opinion that the apportionment of the
costs hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in the
enhanced value thereof by means of such imprcvements, al_d is in ac-
cordance with law a 9. the proceedings of the City, and that the amou
hereinbelow shown ai_ .- assessed against such parcels of prcper-t r
not in any case exceed the benefits to such property in the en -.-
value thereof by means of such improvements, and that the assess!'ents
so shown and made do not exceed the proportions of costs pr(_�perly
chargeable to such property under the lawn and charter in force in thi
City:
THEREFORE BE IT ORDAINED BY THE BO_.'.RD OF
'=!S2T.EN OF THE CITY OF ICHIT= FALLS, T=__S,
THAT:
I.
There shall be and is hereby levied aid .3..=-
~e against each parcel of property hereinbelow mentioned Y =t
ainers thereof the sums of money below mentioned a_d itet
total amount set opposite the description of each parcel C y
r; the Lescription of such property, the several amounts a�
.: ,.1_nst same, together with the total amount assessed, and the
the oviners of such property so far as known, being as follows
i
�+ C
C'�ylT1; �_LiE LEUl Ii�G riCJSE SS_T� ENT T .l _ �"-'• -
OF THE COST OF ITvTRCVING A i C'ITION 0l
AVENUE T III THE CITY O G
WICHITA FALLS, TEX_`.S , H -L -ING 4 CHARGE
LI:ZiN AGAINST ADUTTIIIG PROPERT`.r AND THE
OtJl1E c THEREOF? _P"
FOR THE COL-
LECTION OF SUCTr _JSSESc NTS FOB. THE
ISSITANCE OF ASSIGNABLE C RTIF!CATES.
AND DECLARING AN EMERGENCY
BE IT ORDAINED BY T.H.BOA-D OF ALDET'11EN
OF THE CITE OF WICHIT2FALLS, TElAS, TH.�
�'THERE_�S, the Board of Aldermen of the
City of Wichita .Falls, Texas, has heretofore by resolution passed
othe d.a.y of ____ a Cla-- lg , ordered the improve-
22nd- --'-r"' in ua' City from its inter-
.irient of
section csith t e East curb line of Fair W
!Jw�wo
to its intersection witha Easth- �"� same
by raising, gra In and 11= ng
aria instal ing. concrete cur - s and gutters and paving with tw2
inch sheet asphalt (Willite Process,) onV-5�) i�neo__
foundation; an contrae or the making
and construction 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,
t;. 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 passed on the 5th day cf
J � 192 , all protests and objections were
o rerru,Ied annhe said hearing closed, and
iu?TEREAS all other .Matters and things necess-
ary and prerequisite hereto have been done and performed; and the
Board of Aldermen being of the opinion that the apportionment of the
costs hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in the
enhanced value thereof by means of such imprcvements, al_d is in ac-
cordance with law a 9. the proceedings of the City, and that the amou
hereinbelow shown ai_ .- assessed against such parcels of prcper-t r
not in any case exceed the benefits to such property in the en -.-
value thereof by means of such improvements, and that the assess!'ents
so shown and made do not exceed the proportions of costs pr(_�perly
chargeable to such property under the lawn and charter in force in thi
City:
THEREFORE BE IT ORDAINED BY THE BO_.'.RD OF
'=!S2T.EN OF THE CITY OF ICHIT= FALLS, T=__S,
THAT:
I.
There shall be and is hereby levied aid .3..=-
~e against each parcel of property hereinbelow mentioned Y =t
ainers thereof the sums of money below mentioned a_d itet
total amount set opposite the description of each parcel C y
r; the Lescription of such property, the several amounts a�
.: ,.1_nst same, together with the total amount assessed, and the
the oviners of such property so far as known, being as follows
C, nm 9 (2 0 4�
II.
a' ned assessed
The several s�.rns Dove mentic�.
against said parcels of property an(' the owners thereof, rospcetive-
ly for -ether with in.terost thereon at the rate of ci;;ht (8'`I) per
cent per annum, together with rea,s=a.blo attorney's fees and costs
of collection, if incurroL, arc hereby declared to be and made a
lion upon the respective p:?�rcels of property against which the
sane are assessoL and a porsonal liability a.nc1 charge against the
rca ^.nd true ov,*ncrs of such property, whether such owners be n� rz-
c(, herein or not, ans, the said liens shall be anC_ constitute a
first ane' enforceable claim ^.gainst the property on which the ass-
essment is levies'_, ane:, shall be the first ana paramount lien there-
on, superior to all ether liens ane: claims, except state, county
r 7nicipal taxes, ane, the sums so asscssod shall be payable as
follows, to -writ:
In six cqu-.l annual installments duc res-
pectively on or before thirty Lays, one, tC "v, three, four .^.ns,
five years after the (,ate of completion an,"_ icceptancc by the City
of said improvements, ane, the sums assesses shall bear intorost
from date of such completion ane: acceptance a,nc, until paid -t the
rete above provic,es_, payable ^rinually with c^ch installment, and
provides, that if default be made in the payment of any installrlent
of principal or interest when Luc, the wholc of the assos,,.ment upon
vrhich c.cf:ault is mase shall,t the optic- of tlic Plains Waving
Company or its assigns, be ane, become at once c,ue and pay`ble,
together with reason'
attorney's fees ^nc, costs cr collection,
if incurr(cL; and prov .._cC. further that the owners of such propertly
s ia.11 hLovc the right to pay any or all of the S - AL installments
before r_i,iturity at any time, by payment of princip wl and int
accrued to (,ate of payment.
III.
The City of %`ichita Falls shall net be in
any manner liable for the payment of any suns �:sscsscC_ against
any abutting property or any owner, but the saic, Ell -ins Paving
Ccmpa.ny ane_ its assigns shall look solely to such owners for pay-
ment of the sums asscssec,; but thy; City of i'dchita Falls shall
exercise all of its lavrful pevrcrs to aiC_ in the cnfcreomcnt :enc,
collection of said liens a,nc, sums ane:- personal liabilities; 7.ns. if
Lof atilt shall be mac,o in the payment of any of saic_ sums, collect-
ion �.hcreof shall be enforces. either by sale of the property by tho
-t,-Y- collector an4 assessor of the City of Wichita Falls, as near
is possible in the manner provisses_ for the sale of property for
the non-payment of asp -valorem tixes, or, at the option of Plains
.��aving Company, or its assigns, the payment of said sums ^n(, saic,
lien: .a.nc, liabilities shall be onforcea in any court havin; juris-
diction.
IV.
For the purpose of eviC_oncing the several
sures assesses_ against saic, parcels of abutting property .nc, the
ouno s thereof, anC_ the time ane_ terms of payment, 111(:_ to iiC_ in
the unforcerlont thcrer `_', assignable certificates shall be issue(!
by the City of 'dich-t. Falls upon the eerapletion ane: acceptar�ce
Cf the work which certificates shall be executes_ by the 1Y,'1-.ycr in
tiro name of the City anCL _;ttestecC!, by the City Clerk with the cor-
porate seal, ins, sh ll be payable to Plains Paving Company, cr
it: assigns, inE slia,ll Leel -re the saic, amounts, time ansa terns
r yr_.ant, n,nL the rate of interest ins_ the c,itc of eempletion
9 (3 of 4)
a, -L acceptance of the famprovements,
shall contain the nREle 3r th,
hall contain a
cel ner of property as accurately as possible; front feet
number
of the property by lot and block numbeor
'Ifieyeoz, or such other description as may otherwise ide�tenythe
�a�,.-e; and if the property shall be owned by an estate,
;iption thereof as so ovTn.ed shall be sufficient, or, if the
nr.me of the owner be unknown, then to so state the facsbor
any property,
skficient and no error or mistake in describingvise
in any
III giving the name of any owner, shall invalidate °t
his ordinance.
impair any certificate or any assessment levied by
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 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
evidence
of `?'axes
such payment upon a , demand for same; and the C
si,rl.l deposit the si,—S so received by him forthv�,it11 with the Cit -)r
Traasur•er to be kept and held by him in a separate tuna hereby
11
Designated as " T' _ Sioecial Certificate
r and No. and when any pay
men s17a 1 be made to the tax Collector
I he shall upon presentation to him of tiie
upon such
certificate by the contractor or other holder tLero%, endorse
said payment thereon; and the contractor orl6.er ofrsuch crYthe
ti -fixate shall be entitled to receive from the
amount paid, upon presenting dads him such certificate so endorsed
and credited by the holder with the amount paid; ani such endorse-
ment and credit shall be the Treasurer's warrant for mal>.irg such
payment. Payments by the Treasurer shall also be receiplt,,d for
by the holder of such certificate in writing, and by the sur•reilaer
thereof when the principal, together with accrued interest ani
all costs of collection and reasonable attorney's foes, if incurred,
h" ; been paid in full.
Said certificates shall further recite sub-
str.�ntially 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 suchcertificates
and
liability the personal
erformed, and such re -
of the owner have been regularly
done 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
tllor•eto in evidence of each or all of the several installments
thereof, or may hav,:; coupons for each of the first five installments
leaving the main cei-Aficate to serve for the sixth installment;
which coupons shall be payable either to Plains Paving Company 0 -
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 ,,Iichita Falls shall exercise all of its lawful powers
w;1en requested to do so by the holder thereof to aid in the collec-
tion thereof, and may contain recitals substantially in accordcnoc,
with the above and other additional recitals pertinent or appropriate
thereto, and it shall not be necessary that the recitals be in oxcact
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.
I 'ae fact that the improvements herein menti•on'd
are being delayed pending the taking effect of this ordinance,
that the condition of said portion of street endangers the public
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.
PASSED AND APPROVED this if day of
192L
ATTEST: Jayor
Y eA