Ord 775 6/9/1926jt
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CRD_ueAi�tCE LEVYIi�G nSSEC: ,TENT
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FAIRVIEW BOULEVARD II? TSE CITY 0 ,
WICHITA FALLS, TZK. :', FIi G A CHARGE A D
LI.jAGAINST ADUTTI1 G PROPERT`-
Tv AND THE
0'f. E T17E^EGF`' P;iOVIDING FOR THE COL-
LECTIOTT OF SUCH ASSESSP� TENTS AND FOR THE
ISSUANCE;;* OF ASS1G ?ABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDEn =EN
OF THE CITE OF BICTTITA FALLS, TILL. S, TH.'�aT
MI EREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 22nd day of March , 1926, ordered the improve-
ment of Fairview Boulevar_-T_ �__�i.n F -aid City from its inter-
section with e South pro erty_ P line of York _Street
to its intersection with he o�pro ert T iin�
Lexington Street by .raising, grad r -a'na i�`1-in— same
and installing concr•eTe curbs and gutters and paving with two inch
Sheet Asphalt (Willite -erocess) on five inch plain concrete
foundation; and contract for the making
aCncTconstruction o suc 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 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 day of
, 192 , all protests and objections were
overruled and the said hearing closed, and
1h`E:°EAS all other matters and things necess-
ar-T 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 ;o
the benefits to the respective _pa.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 Tile amou
hereinbelow shown and assessed against such parcels of prcperty ".c
not in any case exceed tine benefits to such property in the enhanced
value thereof by means of such improvements, and that the assessment,;
so shown and made do not exceed the proportions cf costs properly
chargeable to such property under the la;.,, and charter In force in ti
City:
THEREFORE BE IT CRD_ I1= BY THE BO..�3D OF
ALDERl1EN OF THE CITY OF `.' ICHIT_i FALLS, T 'z
THAT:
I.
There shall be and is hereby levied-
essei against each parcel of property hereinbelora menticr_ed - r
"he owners thereof the sums of money below mentioned ar_d iter, i.
total ar;lou at set opposite the -description of each parzcel c r
-j-he Lescription of such property, the several amounts
_, st sante, to -ether with the total amount assessed, and
she oli,, ens of such property so far as knor.,n, being as follc-rls:
form 9 (2 of 4 )
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, r(;spcctivo-
ly together with interest thereon at the rete of eight (8,:;) per
cent per annual, together with reasonable attorney's fees anCcosts
of collection, if incurreC., are hereby declared to be and made a
1iel upon the respective parcels of property ag^inst which the
are assessed and a personal liability and charge against the
ro: l and true oti,,,ners f such property, whether such owners be nam-
ed horcin or not, ane the said liens shall be ane constitute a
first ane'_ enforceable claim ^_gainst the property on which the ass-
ossmont is levies., anC, shall be the first and paramount lien there-
on, superior to all other lions and claims, except state, county
anC- municipal taxes, and the sums so assessed shall be payable as
follows, to -grit:
In six equal annual installments clue res-
pectively on or before thirty days, one, to,,:, three, four ane.
five years after the c_ate of completion an,_ acceptance by the City
of said improvements, and the sums assessed shall bear interest
from elate of such completion and acceptance and until paid -t the
rate above proviC-cC�, p.-Lyable annually with each installment, aneC,
proviLeCthat if default be maL- e ill the payment of any installment
of principal cr interest when Clue, the whole of the asses, rnent upon
whic -'i Lofault is m^G_c shall, at the option of the Plains P^.ving
Cor_Ip tiny or its assigns, be ane. become at once due and pay^ble,
together with reasonable attorney's fees ^ncC, costs of collection,
if incurrec.; and proviC_ed further that the owners of such property
Shall have the right to pay any or all of the said Installments
before m,iturity at any time, by payment of princi.pfil anC interest
accrued to date of payment.
The City of 1ichita Falls shall not be in
-ny manner liable for the payment of any sums assesseC.:tg^inst
any :abutting property or any owner, but the said Plains Ln.ving
Company <a,nc' its a.ssig S shall lock solely to such cwn.ers for pay-
ment of the sums assoz--ed; but the City of Wichita Falls shall
exercise all of its lawful powers to aiL in the enfcrcemcr_t :,,)nC.
collection of said liens ane. sums and persona ^
l liabilities; nL if
default shall be mado in the p:a.yrzent of any of said sums, collect-
ion thereof shall. be cnforceC. either by sale of the property by the
tax collector and assessor cf the City of Wichita Ells, as neer
a possible in the manner provided for the sale of property for
the non-payment of ad -valorem t.xes, or, at the optionof Plains
fa,ving Company, or its assigns, the payment of saio sums and slid
liens and liabilities shell be enferceCL in any court ha•vin juris-
diction.
IV.
For the purpose of eviC_encing the several
sur_" �ssesseC, -gainst saic'_ parcels of abutting property and the
owners thereof, aff the time anC. terms of payment, ane. to . iC_ in
the enforcomcnt thereof, assignable certificates shall be issued
by the City of ':Vichita Falls upon the completion ",nC accept^.nce
of t -he work which certificates shall be executes'_ by the T;i r in
t'lo name of the City and _hosted by the City Clerk with the cor-
porate seal, ryn,' sh:�,11 be pa,yn,ble to Plains Paving Company, or
it', 'Issigns, anC_ shall C.ecl -re the said amounts, time anc! t, rms
�yi_ ent, anC_ the rate of interest and the date of completion
(3 of 4)
acceptance of the improvements, shall contai_i the nlame of t 1e
: n r of propert-r as accurately as possible, shall ceiltain a C_es-
a iption of the property by lot and block amber or _LrOnt foot therc-
or such othc_,° cripticn as may othertivice ii orti-'y same; a,nc'.
the property shall be otir _oC-
b-r an estate, then the C_escri;A'..
G1'eCf as SC OeinGC_ shall be EVIi icient, or, if the namo of the Com'
be unknown, then to ;o :tate the fact shall be sufficient anc_ o er=
,cr or mistake in c.oscribi:zg any property, or in giviiiC the name cf
any owner, shall invalidate or in any wise impair any certifiCato or
any assessment leviec_ by this ordinance.
Said certificate shall provide substantially that if the
same shall not be pais' promptly upon maturity, then they shall be
collectible with reasonable attorney's fees and costs of collection_,
if incurrec_, and shall also provic_e substantially that the amounts
evidenced thereby may be paid to the Collector of Taxes of the City
of Wichita ��alls, T(-xas, who shall issue his receipt therefor-, which
receipt shall be evidence of such payment upon any c?omarC, for same;
and the Collector of Taxes shall Leposit the sums so reccivod by him
fc°thwith with the City Treasurer to be kept and held by him it
separate fund hereby designated as " FAIRgIEW BO -11t ��__�__
Special Certificate Fund No, and cihen any paymensal- e r� LC_e To
the Tax Collector upon such certificate, he shall upon presentation
to him of the certificate by the contractor or other hel.der thercof,
enc: orse said payment thereon; anC- the contcraetor or holder of such
certificate shall be entitled to receive from the City Treasurer the
amount paid, upon presenting to him such certificate so eiiC.orsod anc=
creLitea by the holder with the amount paid; anC_ such er_c'rrsement
and credit shall be the Treasurer's warrant for making such payment.
Payments by the Treasurer shall also be recoiptec for by the holc_er
of such certificate in writing,, and by the surrender thereof when the
principal, together 1,trith accrued interest anc, all cosh of collection
and reasonable attc_,ey's fees, if incurred, have been paic' in full.
Said certificates shall further recite substantially that
all proceedings with reference to making such improvements have been
regularly had in compliance with law, and that all prerequisites to
the fixing of the assessment lien against the property C_eucribec� insuch certificates and the personal liability of the Darner have beer.
regularly done and performed, and such recitals shall be prima, facie
evidonce of the facts so recites'_ and no further proof thereof shall
be required in any court.
Saic'_ certificates may have coupons attaches' thereto in evi-
dence of each or all of the several installments thereof, or may havo
coupons for each of the first five installments, leavir the main eer-
tifica.te to serve for the sixth installmentl which coupons shall be
payable either to Plains Paving Company or its assigns, or to Plains
Paving Company or bearer; and such coupons may be signec'_ either Citi,
the original or with the fae-simile signatures of the Mayor anC_ City
Clerk.
Said certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful poEaers when req*aestec.
to c_o so by the holder thereof to aid in the collection thereof, anC_
may contain recitals substantially in accorc,anee with the above anC_
other additional recitals pertinent or appropriate thereto, anc: it
shall not be necessary that the recitals be in exact f62MI set forte,
but the substance thereof shall suffice.
�cr�_n 9 (4 of 4)
V.
Full power and levy re -assessments in
Rry case, and to correct mistakes, errors, invalidities or ir-
resularities, either in assessments or certificates issued in
ev_r.ence thereof, is in accordance with law, vested in the City.
INTRODUCED AND PASSED on its first read-
ing at a Regular Meeting of the Board of Aldermen on the
day of 192.
i
ATTEST: Mayor
City Clerk
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of
102 .
ATTEST: Mayor
City Clerk
PASSED ON ITS third and final reading at a
Regular Meeting of the Board of Aldermen on the day of
ATTEST:
s 192,
City Clerk
Mayq r