Ord 786 6/28/1926O?I INCE LVsING aS�t j _'_u?`1�i' t _ T:tiyRl.
OF THE COST OF I=RCVTNG A:C'`.T. 01-
AVEN UE S
II?_
'"'':dh (_,'1T'1 O.r�
vICHITA FALLS, TE]L. S, jl '_IiTG A CHARGE A_,'D
LIEN AGAINST ADUTIIi(`T PROPE RT`i AND THE
0'- ;E11C TITEREOF`' FKVIDII.\?G FOR THE COL-
LECTION OF SUCH ASSESS"IENTS AND FOIR THE
ISSITANCE OF SSIGI?_0LE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF iLDEn.I'�i.EN
OF THE CITY OF VVICHITA FALLS, TH.:`�T
VMER.EAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the `22nd day of March X92.6 )ider•ed the improve-
ment o�` s -�� in said -City from its inter-
sectionwith the Davin on—Grant Street
to its intersection with he East curb ine o
it ew Boulevard by raising, gr�dln..g an l�_.�yng same
and instal ing concete curbs fnd gutters and paving with two 2) inch
sheet asphalt (Willite Process on five (5) inch
concrete oundation; and contract or le mal.-_
and construction of such Emprovements 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 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 28th day of
J�,.ne
192 all protests and ob�iecvions ,,,ere
overruiecL and the said 'nearing closed, and
V,THEREAS all other :hatters 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
cc. is hereinbelow made and set forth is in substantial -proportion o
the benefits to the respective _pq.rcels of abutting property in the
enhanced value thereof by means of such improvements, and is in a--
cordance with law and the proceedings of the City, and that the <vrro
hereinbelow shown and assessed against such parcels of property do
not in any case exceed tae benefits to such property in the enhanced
value thereof by means of such improvements, and that the assess:_eii ,,
so shown and made do not exceed the proportions of costs properly
chargeable to such property under the lar:, and charter in force in t _
City:
THEREFORE BE IT CRDAIXED BY THE BOARD OF
ALD�_I,M,IEU OF THE CITY OF `.`�ICHIT_x FALLS,
THAT:
I.
There shall be and is hereby levied arfI as,-
._sp eci against each parcel of property hereinbelow mentioned
r;he ovfner,� thereof the sums of money below mentioned ar_d
the total set opposite the description of each parcel --
t r; the Lescr:iption of such property, the several amourltis c fA
same, together with the total amount assessed, and the
c�° the ovaners of such property so far as known, beinm as follov.?s:
9 (2 of 4 )
II.
The several suns above mentioned assessed
against said parcels of property and the owners thereof, respoctivc-
ly together with interest thereon at the rete of eight (8`') per
cent per annum, togother with reasonable attorney's fees and costs
of collection, if incurred, are hereby declared to be and made a
lien upon the respective p,Ircels of property against which the
samo are assessor: and a personal liability and charge against the
roal and true ownors of such property, whether such owners be nam -
ow heroin or not, ands the said liens shall be ane constitutc a
first ane'_ enforceable claim ^.gainst the prcperty on which the ass-
essmcnt is levies:, unci shall be, the first and paramount lien there-
on, superior to all other liens ane. claims, except state, county
^.n_ municipal taxes; and the sums so assessed shall be payable as
follows, to -wit;
In six equal annual installments Cuc r,;s-
pectively on or before thirty Lays, one, toys-, three, four and
five years after the date of completion an,_ acceptance by the City
of said irlprovemcnts, ane, the sums assesscL shall bear in'c;rost
from date of such completion ane: acceptance and.. until paid at the
rate above provided-, pay ble annually with e° ch installrlont, and
proAi-iC eL that if default be made in the payment of any installment
of principal or interest when due, the wholo of the assessment upon
which d ofault is mac:'_c shall, at the option of the P1'lins 1.:,ving
Company or its assi.p,, ' , be aneC, become at once due and pay.:ble,
togother with reasonaole attorney's fees anL costs of collection,
if incurred; ane, provik:ed. further that the owners of such property
shall have the right to pay any or all of the s:',iL installments
before m.'-Aurity at any time, by payment of principal and_ interest
accrues; to date of payment.
III.
The City of lvdi.chita Falls shall not be in
any manner liable for the payment of any sums assessed. a,g^ inst
any abutting property or any ovrncr, but the said P11 -ins iaving
Company ane, its assigns shall look solely to such owners for pay-
ment of the sums assessed; but the City of idichita Falls shall
exorcise all of its lawful powers to aid. in the onfcrcemont : nL
collection of said liens ane, sures and personal liabilities; .,.nd if
_7 t shall be made in the pa.ymen.t of any of said suras, collect-
ion thereof shall be onforced- either by sale of the property by the
-tax collector an4 .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 t xes, or, at the option of Plains
laving Company, or its .assigns, the payment of saic. sures ane. said
liens ane: liabilities shall be enforced in any court havin, juris-
diction.
Iv.
For the purpose of evic' encing the several
sums assessed against said parcels of abutting property an(� the
otaners thereof , and ttime and terms of payment, and_ to ^.id in
the cnforcemcnt thcrco�, assignable certificates shall be issued
by the City of ';Wichita Falls upon the completion and aecopt^.nce
cf the work which certificates shall be exeeutcd by the iu yrr in
the name of the City ancL _Lttestec; by the City Clerk frith the cor-
porato seal, and_ shall be payable to Plains Paving, Company, or
it issigns, and_ shall docl^re the said amounts, timo and terms
.f' r yr_ccnt, an1-_ the rate of interest ands the CLato of ccmplotion
of 4)
shail cvYl�win the ',€:i:r.a; Df the
acceptance of the ramprovements, ossible, :hall con"'P,in a
(,er of property as accurately as p
ariT)tion of tTie property by lot and block number or :Front feet
or such otl:Pr description as may Otherweise idet�tenythe
ar_e; and if the it :rty shall be owner by if
,_escrLj)tion thereof as so owned
hen to so stabe Tecteetfa�t�shall l`b
nca e of the owner be unknown, t dny property: or
sufficient and no error orotm erakshalle in dinval�iaae or in any �r77 ce
ill giving the name of an„
impair any certificate or any assessment levied by phis ordnance.
Said certificate shall provide substantially
that if the same shall not be paid promptly upon maturl�y, then
with reasonable attorney's fees and
they shall be collectible
so provide sutstan-
costs of collection, if incurred, and shall al.to th
tially that the amounts evidenced thereby ma=1 Texas,be paidwho shall
lector of Taxes of the City of �iiclaitaTalls,
issue his receipt therefor, vjhi.ch receipt shall be evidence of
such payment upon any demand for same; anu. the Collector of -Faxes
deposit the sums so received by flim forthv,ith with the City
m1. �wsurer to be kept and held by him in a separate fund hereby
11 Special Certificate;
a..
,.L , ignat ed as "
Fund No. and wh— en any Payment shall be made to the tax Collector
upon succi certificate, he shall upon proother s i�.tation to him of tiie
rse
certificate by the contractor
or
contractoroozJl�ollderGof suchocer
said payment thereon; an
tificate shall be entitledto
bib ceive him suchoc ,r�ificateTsoa� Y�dorsede
amount paid, upon presen g
and credited by the holder with the amount paid; and i).�iiendorse-
and
ndunh
m_ent and credit shall be the Treasurer's warrant for rrL a
payment. Payments by the Treasurer shall also Qectle�surr,ender
by the holder of such certificate her within �accnied i ntes (est and
thereof when the pr`ncipal, g
all costs of collo(,,'- -on and reasonable attorney' 2 foeS, if incurre
have been paid in full.
Said certificates shall further recite
im-
provements
that all proceedings with reference to making d that
have been regularly ofdin the assessment- lien awith gainst the
all prerequisites tothe fixing personal liability
property described in such certificates and the P and such lit
of the owner have rbmanfacielarly evidencedone
ofand
theefa�tseso recited and
re-
citals shall be p court.
no further proof thereof shall be required in any
Said certificates may have coupons attached
thereto in evidence of each o�rlea�h ofthe
theseveral
firstyfivelinstallments;
thereof, or may have coupons
o
l,r ng the main certificate to serve for the sixth installment;
eaii.ch coupons shall be payable either to Plains Paving Company or
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 Iirayor and City Clerk.
Said certificates shall further recite that
the City of Ipfichitad alis sthelhoolderexercise
ther•eofotoits
aidlanful t18powers
collec-
w lien requested to do so by
tion thereof, and may contain recitals substantially in. accordance
frith th.e above and other additionasaTy tlatsthertinent recitalsrbe in exact
t'l r•eto, and it shall not be neces
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 correcj- mistakes, errors, invalidities or irregular-
ities, either in as�essrgents 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 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 APPTHOVED this . ;_ day of
ATTEST: Mayer
city clerk