Ord 774 6/9/1926I �1
0-
eel",
t ROVEY:_{'NT OF A ] -CR TION OF
AN UP,DIIv«NCE ORDERING T)-�� II tP
EBoulevard
Jd ri i� U.Es i. A� �.1. .i' .�
�, �� iv PROVIDING
FJR THE WNSTHUCTION THi-REOF BY CDNTRACT AND PROVIDING FOR Trek: PAY-
+lE1vT OF THE COST JF SUCH IPc.POVET�IENTS. LEVYING ASSES�IuE11T TIREOF,
AND FIXING TrE Ti+iR1�S ANL 9211VES OF PAYIuIENTS, AI]1' TrL RATE OF INTEREST
TEEST
ThEREON, AND PROVIDING FOR THE ISSUANCE JF AS IG11nBLE CERTII+'IC�`';'I'La•
bE IT A!11: IT IS ;-,hEd; BY ORDAIN Ii BY THE BJAFD JF ALDERl',EN JF THE CITY
OF WICrITx FALLS; THAT,
the City of Vvichita Falls has heretofore determin-
ed by resolution the necessity of improving the following portion of
street in said city: all the unpaved portion of ��em1� i�oulyard_
t::etween the Southrorty Line o� ve�zu� "fit--�.r1dty
L,naf the a'dcYiita ata r
and plans and specifications therefor have been prepared and filed
by the City Engineer, and exa.rrnined, corrected and approved by the
City, and bids for the making and. construction of such imxirovements
have, after due sd.vertiseirient and notice, been received, opened and
examined and the bid of 3est Texas Construction Company for the mak-
ing and. construction f such improvements, with the materials and
methods herein Ordered found to be the lowest responsible bid, and
the City 1. Engineer has prepared and filed with the City estimates of
the cost of such improvements and of the amount to be assessed a-
gainst abutting; lots or parcels of property and the owners thereof,
with the, description :)f each such lot or parcel of property, and the
names of the owners thereof, in the manner required. and provided by
the Charter of this City and the laws in force in this Cit�T and the
-proceedings of this City applicable thereto;and,
Whereas, by resolution passed and adopted_ on the hth fay
of brims. 1.926, it was ordered that a hearing to all owners of
property abutting on said portion of street named to be improved,
their ao-ents or attorneys, and all others interested in the said im-
provements, �r in any matter or thing in anywise connecter therewith,
be held in the Council (%hamber in the City National Bank Building in
the City of "4ichita Fails, Texa.s, at 7:30 P•1a'.., the 24tj-.da.y)f P___�ay -
1926, and that notice of such hearing and the time and place therert
be given; and,
WhEREAS, such notice was given in the mann:_;r provided in
said resolution and in the 1.<anner and for the length of time provid-
ed and r8quired by law, and the proceedings of this Board; and,
INHEREAS, at said. hearing all desiring to contest said as-
sessments or in a manner d.esr.ing to be Yieard concerning the benifits
thereof, or said improvements, or as to any other matter in manner
connected withor incident therein or as to damages resulting there-
from, were full and fairly heard, and all errors, mistakes, inequal-
ities, and all other matters requiring retification were rectified
and the Aldermen having heard and considered the evidence', and being
of opinion from the evidence that the assessments herein below made
and charges hereby declared against property owners and their prop-
erty, are just and equitable, and that in each case the assessment
made against any parcel or lot or property is �-- s. than the benifits
to said property in the enhanced value thereof by means of the improve-
ment upon which said property abuts, and. the Aldermen having considered
and adopted the rule of apportionment below set forth and the divi-
sion of the cost of said improvements, between said property owners,
and their property, as just and equitable and producing substantial
equality considering benifits arising from said improvements and bur-
dens imposed thereby, and dama�-_-s resulting from or caused thereby,
such apportionments being the same as shown on the report and. esti-
mate and statement thertofore filed by the City Engineer with the
Board of Aldermen, and hereinabove referred to, and said he,^.ring
having been closed.;
1.
That the foll(Ving portion of street in the City of Vtvich-
ita Falls is hereby ordered improved by raising, grading and fill-
ing same and. installing cor_crete: curbs and gutters, and paving with
War.renite-Bitulithic Pavement on `oncrete Found.a.tion, under and in
accord.a.nee with plans and specifications thereof, heretofore pre-
pared and filed by the City Engineer, and adopted and approved by
t .e City, to -wit: Kemp Bo,,,Ilevard_betseen the South �'re�ertTT Line of
Avenue W-11 and the 14oc- th Property Line of the gicriita Valle; Ra ilaay
Right -of way.
2.
That said improvements be made and constructed in the
name of the City -by contract.
That there is and shall be hereby levied against each of
the owners of property below me.ztioned, and a7ainst his or her prop-
erty below described, the soveral suras of money below mentioned and
itemized for curbs and for paving and. for other improvements, and
the total amount thereof, set opposite the name of the person and
his or her property, the names of said property owners and the de-
scription of their property, and the several amounrs assessed a-
F,ainst them, and their property being as follows:
and being for the proper and proportionate amount of the cost of
the improvements upon which each such lot :-)r parcel of land a.butes;
4.
That the cost )f such improvements shall be paid by the
owners of abutting property, paying the sums by this ordinance as-
sessed ag,,-jinst them and. their property, and the City paying the re-
mainder.
That the several sums above rr_ention(�d assessed against
said property, and the owners thereof, respectively, are hereby, to-
gether with all costs of collection thereof, including reasonable
attorney's fees and costs of collection, if incurred, and. interest
on all of said sums at the rate of 8% per annum, declaring. to be a
lien on the said respective parcels of property against which the
sarre are assessed, and a. personal liability or charge against the
owners thereof, whether such owners be herein correctly named or
not, the assessments herein being levied against the said premises
and against the true owners thereof, and_ the said liens s:r.all be
and. constitute the first enforceable claim against the said prop-
erty against whic'r it is assessed, and be the first and paramount
lien thereon, superior to all other liens and claims, except Strte,
County and lvunicipal Taxes, end the sums so assessed shall be pay-
able as follows to -Wit:
In six equal installments, the first pa-11-ablewithin thirty
days after the completion and the acceptance of such improvements
by the city; and. the second in one year from said date; the third
in two years from said date; the fourth in three years from said
date; the fifth in four years from said date; and the sixth in five
years fro,-. said date; all bearing interest P -t the rate of eight per
cert per annum, payable annually with the provision that if default
Shall be made in the payment of any principal or interest when due
the whole of such assessment upon such default shall at once become
due a.nd payable at the option of the Contractor constructing such
improvements, or its assigns, provided, that said pi°oper.ty owners
s'r:all have the right, and are hereby given the option to pay before
maturity by payment of princip?,l and accrued interest.
That the City of Wichita Falls shall not be in any manner
liable for the payment of any sum hereby assessed ag�cinst any proper-
ty oz^,rner of his property, but that the se.id Contractor shall look
solely to such property and the owners thereof, for the payment of
r
said. sums but the said City of Wichita Falls, shall exercise all of
its lawful powers to aid in and enforce the collections of said sums,
and if default shall be made in the payment of any of said sums here-
by assessed against said propert;- owners and their property collec-
tion thereof, shall be enforced either by the sale of the said. prop-
erty by the Tax Collector and Assessor of the City of 74'ichita Falls,
as near as possib-le in the manner provided for sale of property for
nonpayment of advalorem taxes, or at option of said contractor or
its assigns, the payment of said sums shall be enforced in any court
having jurisdiction.
6.
That for the purpose of evidencing the several sums payable
by the owners of said property and the times and terms of payment and
to aid in the enforcement thereof, assurable certificates shall be
issued. by tr,e City of Wichita Falls, upon the completion and accep-
tance of the improvements for which the assessment is levied, which
shall be executed by the kayor and attested by the City Clerk with
the corporation seal in the manner provided_ by the City Charter and
law and pr. oceedir-gs in force in this city, and shall be payable to
the Contractor performing said. work and constructing said improve-
ments, or its assigns which certificates scall declare the said. a-
mounts and the times and. terms of rayment thereof, and the said
rate of interest payable thereon, and shall contain the name of the
owner and description of his property anc the lot and block number
or front feet thereof, or such other description as may otherwise
identify sage, and if said property shall :roe owned by an est`-'te, the
description thereof as so owned shall be sufficient. Said. certifi-
cates shall further provide that if default shall be made in the pay-
ment of any installment of princip,l or interest thereon when due,
then, att the option of said Contractor, or its assigns, beim; the
owner and holder thereof, the whole of the said assessment shall at
i
once become due and payable and shall be collectible with reasonable
attorney's fees and. costs of collection, if incurred. Said certifi-
cates shall further set forth and evidence the personal liability
of the owner of such property and the lien upon such premises, and
shall provide that if default be made in the payment thereof, that
the same be enforced either by sale of the property by the Tax As-
sessor and Collector of the City of Wichita Falls, as above recited,
or by suit any curt having jurisdiction and the said certificates
shall further recite substantially that the proceedings with rerer-
ence to making the said improvements have been regularly and in com-
pliance with the laws and. proceedings of the City of %ichita Falls,
and with the provisions of its Charter, and that all prerequisites
to the fixing of the lien and the claim of personal liability evi-
dence of the facts so recited and no further proof thereof shall be
required in any Court. And said certificates may also recite substan-
tially that the amount thereof, shall be payable to the C )llector of
Taxes of the said City, who shall issue his receipt therefor when
paid, which receipt shall be evidence of such payment on any demand
for the sane, whether by virtue of said certificates or any eDntract
to the same entered into by th;e owner of such property and that the
collector of Taxes shall deposit all sums so received by hira forth-
with with the City Treasurer, who shall keep the sable in a separate
fund, and that when any payments shall be made to the Collector of
Taxes upon presentation to him _-)f such certificates by the Contract-
or, or other holder thereof, endorse credit thereon for payment re-
ceived and the holder thereof shall be entitled to receive from the
City Treasurer the a.rnount paid, upon presentation to him said cer-
tificate so endorsed by the Collector of Taxes and credited, by the
holder with amount paid, and such endorsement and credit shall be
the Treasurer's warrant for making such payment to said Contractor
or other holder. And the said Contractor or holder of said certifi-
cates stall receipt in writing to said Treasurer therefor and sur -ren-
der said certificates to said. Treasurer when paid in full, together
with costs of collection and attorney's fees, if incurred. And the
said certificates may further provide that the City of Wichita Falls
shall exercise its lawful powers when requested so to do by the cold-
er of said certificate to aid in the collection hereof, but the City
of Wichita Falls, shall in no wise be liable to the holder of said
certificates in any manner for payment of the amount evidenced there-
by, or for any costs or expenses in the premises, and such certifi-
cate may contain other recitals appropriate thereto.
7.
That no mistake, invalidity, error, or irregularity in
the naming of any p ,,perty owner or the description of any property,
or the amount of any assessment, or in any proceedings with refer-
ence to any assessment, shall in anywise invalidate or in anywise
affect any assessment hereby levied, and any such mistake or error,
whether in such assessment or the certificate issued in evidence
thereof, may be corrected at any time by the Board of Aldermen of
the City of Wichita Falls, or reassessments therefor may be levied.
passage.
ATTEST:
a
That this ordinance shall take effect from and. after its
CITY CLERK.
APPRCVI'D:
MAYCE .