Ord 782 6/21/1926PLAINS PAVING COMPANY
STALEY BLDG.
WICHITA FALLS, TEXAS
1�,
'r, r
C.T1!,(a�T�TCE IV1 ! 1�C r�S•5IS;__LINT it
OF T IE COST OF 17RCVING A 07,,TION 07
AVENUE R
IN Txj� CITY 09
I,7ICHITA FALLS, TE ,_`'.S, F I}riNG A CHARGE AiTT
LIEN AGAINST AB'UTTIIiG PROPERTY AND THE
O'jIE THEREOF: P.iOVIDING FOR THE COL -
SUCH OF SUCH �` SrStilIEN^1S _lT?D FOR THE
ISSUANCE OF _, ,SSIGTTA.BLE CERTIF GATES.
BE IT ORDAINED BY THF BOARD OF' _'.LDEMLEN
OF THE CITE OF WICHIT.`_ FALLS, TE1�S, TH.,.1T
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 99nd day of March. ordered the improve-
ment of in _aid City from its inter-
section c�rith e �-W
�Street
to its intersectio wl he ..,,rhine oQ evard by raisinb , grading andi n.g same
and insta ling concrete curbs and gutters and paving with t,,__(_2
sheet asghalt (willite Process) _on vg 5 inch
oundation; and contract, YS t le malting
and cons Fuc ion Of S -u -ch 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?,e amounts to be assessed against each parcel of property and
siowing 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 21, day cf
, 1926, all protests and objections were
overruled ande ad- hearing closed, and
OTHEREAS all other ,natters 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 .0roportion t,
the benefits to the respective parcels of abutting pr•ol er•ty in the
enhanced value thereof by means of such improvements, and is in ac-
cordance with law and the proceedings of the City, and that the amca_
hereinbelow shown assessed against such par,I els of pr•cperty do
not in any cave excead tine benefits to such property in the en
value thereof by means of such improvements, and that the assesL.--._
so shown and made do not exceed the proportions cf costs properly
chargeable to such property under the lai and charter in force in t1n],S
City:
THEREFORE BE IT ORD21INED BY THE BOARD vF
ALDEMiEN OF THE CITY OF ICHIT_� FALLS ,
THAT;
I.
There shall be and is hereby levied and
sec against each parcel of property hereinbelow mentioned aliD -�
owners thereof the sums of money below mentioned a -d ite-�
,otal ar.,ount set opposite the description of each parcel y -
crle description of such property., the several amounts a�
- first same, together with the total amount assessed, and the
e: ,Iie owners of such property so far as known, being as follcrIs
,orm 9 (2 of 4 )
II.
The several sums above mentioned assessed
against said parcels of property anL the owners thereof, respective-
ly together with interest thereon at the rate of eight (8`)) per
cent per annum, together with reasonable attorney's fees and costs
of collection, if incurroL, are hereby declared to be anti made a
lien upon the respective parcels of prcporty against which the
sam,D are asscsscL and a personal liability and charge against the
ro -.nrl true owners of such property, whether such owners be nan-
eL heroin or not, anC. the said lions shall be anC_ constitutc a
first ant' enforceable claim a.ga.inst the property on which the ass-
cssmcnt is levied, and shall be the first and paramount lien there-
on, superior to all ether lions anL claims, except state, county
tine_ municipal taxes, and the sums so asscssoL shall be payable as
follows, to -wit'
In six equal annual installments Luc res-
pectively on or before thirty days, one, tcv, three, four and
five years after the date of completion int, acceptancc by the City
of said improvements, and the sums assessed shall bear interest
from Late of such completion and acceptance ant. until paid. ^t the
rats above proviCcC, -.ayable annually with o^ch ins'uzallmont, 'Inc,
proviC_eL that if doi,t __Lt be made in the payment of any installment
of principal or interest when Lue, the whole of the asses,:racnt up(.,;-.
which Lofault is maLc shall, at the option of the Plains Paving
Company or its assigns, be an. become at once due and pYy�Lble,
together with reasonable attorney's fees and costs of collection,
if incurred; and proviC oL further that the ovinors of such property
shall hove the right to pay any or all of the s^iL iristnllmcnts
before m,iturity at any time, by payment of principal and interest
accrued to Late of payment..
The City of 14ichita Falls shall not be in
any manner liable for the payment of any sums issosseC against
any abutting property or any oviner, but ;the sail Pl^ins Paving
Ccr. ;,.ny anC_ its assigns shall look solely to such owners for p^y-
ment of the sums assosseL; but the City of Wichita Falls shall
exercise all of its laviful powers to aiC. in the onfcrcement :�nL
collection of said liens anci sums and person^1 liabilities; ant; if
(.efault shall be maLe in the piyraent of any of said. suds, collect-
ion thereof shall be enforccL either by sale of,.the. prcporty by the
tax collector an4 assessor of the City of ',''Jichita Falls, as near
as possible in the manner provicLeL for the sale of property for
the non-payment of aC.-valorem taxes, or., at the option of liens
aving Compniny, or its assigns., the payment cf said suras anci saic'
liens anL liabilities shall be enforcoa in any court having juris-
diction..
IV.
For the purpose of eviC-oncing the several
sures assesseC_ against sail parcels of abutting property and the
owners thereof, anci the time anf. terms of payment, ant'_ to ^ ic_ in
the onforcc;ment thereof, assignable certificates sh^.11 be issuca
by the City of ';v'iehita Falls upon the completion and aeccpt^Ince
CI the work which certificates shall be executed. by the Ki ycr in
the name of the City and attested by the Cit;r Clerk with the cor-
poratc seal,r=,' shall be payable to Plains Paving Company, or
it:,-.ssigns, and_ shryll C.eclarc the salt'_ amounts, time anL terms
Y-�yr_,,ont, ind_ the rate of interest anCthe Latc of cemplction
!r: 9 (3 of 4)
1-_ f _acceptance of the dumprovements, shall cont,.yin the .r.r:r.f; c trig
c7; r_er of property as accurately as possible, shall con-ta iii a
description of trie property by lot and block number or front feet
t ,ereof, or such other description as may othe.-O"Ji se identify
and it the property shall be owned by an estate, then. the
nri�tion thereof as so o�Tned shall be sufficient, Or. if tI
rnlv . of the owner be unknown, then to so state the fact :hall ba
c; 'ficient and no error or mistake in describing any property, or
in giving the name of any owner, shall invalidate or in any wise
imioair• any certificate or any assessment levied by this ordinance.
Said certificate shall provide substantial -3.y
that if the same small not be paid promptly upon maturity, then
they shall be collectible with reasonable attorney's fees and
costs of collection, if incurred, and shai_1 also provide ;utstan-
tia,lly that the amounts evidenced there')-- .nay be paid to the Col -
:Lector of Taxes of the City of Wic.1-Ata Falls, y'exas, who shall
his receipt therefor, vahi.ch receipt shall be evidence of
payment upon ary demand for same; and tl.e CollecU-or cf Taxes
u ,posit the s- s so received by him fo:r�t' .Fa i. t' wtith the City
asrzrer• to be kept and held by him in, a sepal:ate fund hereb r
L .i�na.ted as " 11F P, u /Q rr Si)ecial Cert,i._
'urid No. -- ; and wen any payment shall be r.^ado to 1ise tax Collector
u}aon suchcerti-Pirate, he shall upon prey entati.on to hi.n of t -ie
certificate by the contractor or other holster thereof,
said Payment thereon; and the contractor or holdeY of such cer--
tifirate shall be entitled to receive from the City Treasurer the
amount paid, upon presenting t6 i-im such certificate so endorsed
ansi credited by the holder with the amount paid; and sucii enr3.orse-
m_ent and credit shall be the Treasurer's warrant for mailing :!iLrh
Payment. Payments by the Treasurer shall also be receiptc�d for
by the holder of such certificate in writing, and 07 the sur•s-ei der
thereof when the principal, together with accruod interest and
all costs of collection and reasonable attorney's fees, if inonrred,
h,,. ve 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
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 ?erformed, and such re-
citals shall be prima facie evidence of tle facts so recited and
no further proof thereof shall be required in any court.
Said certificates may have coupons attached
tlicreto in evidence of each or all of the several installments
thereof, or may have coupons for each of the first five installments,
leaving thie main ro. "ificate to serve for the sixth installment;
I'li.ch coupons shall ire payable either to Plains Paving Company o-..
its assigns, or to Plains Paving Company or bearer; and such ccu i�.
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 liiichita Palls shall exercise all of its lawful powers
vhan requested to do so by the holder thereof to aid ip the collec-
tion thereof, and may contain recitals substantially iti accordance
with the above and other additional recitals pertinent or appropriate
tI roto, and it shall not be necessary that the recitals be 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 delayer'.. rending the taking effect o1this ordinance, anc.
that the condition of said portion of street endangers the pub -.'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 accord.irgly suspended and
this ordinance is passed as an emergency measure, and shall be in
force and in effect immediately from and after i,ts passage.
..-,
PASSED AND APPROVED this day of � y
192
ATTEST:
city C er
�layor