Ord 769 5/17/1926I-crm 9 (1 of. 4)
GRICE STREET
ITT TITL C !TY OF
A ICHIT_� F�iLLS , TF _� S , F Is1ITTG _'i C -_ L (`I AND
LIEN .:LGAIYST _=1BUTTIT_IG FROI'�rTY .i'D
TrZRJOF, 1'_-.0'�TIDI 7G FOR TT'E COL-
LECTICTI OF SUCSEr C:7
C -,1 -TS 'U-1, FORTTTE
\ C ryT �3L J1:,ICLS•
ISSU:�NC--� E OF C,IGT1�_ - TIl, %1
G� a.�
TT -D BY/TT'- 30ARD OF ..'iLDLru JI
BEE IT O.,.D::� UT-] .r u
OF T1E CITY O UICHIT_ F,iI�LU, � .�%S, Z_.:al
the Board of -plc cnisOlL1of ti'lC�lsCc`-
City of `s ichita Fl ails � Texas, has hcl�0tof orc b- r� 1
December _ 192 5, ori-ereC_ the improve -
on the 14th Laytree — ,-�� in sai�_ City from its intcr-
rne?�t of Grace _
ou Fi Properly— line of Ninth -Street
Sectiol� with the _ line of
to its intersection tiith the or n property _
Street by r-Asin M` C-ing a�.ld filling same
Thirteenth' Two inch
and installing co1�cro uc ciirbU _ n'_,
u �tcrs nd paving Orth
Sheet Asphalt (Willite Process o�� five inch plain corer" eke
u 1 _aior_; ails. corirac�icr-i` Pavy-�
ing ar_c: construction o such iz�?�rovemc��ts eras lot to Plains
iY.Company; anc_ the Erginecr filer, with the City roll or state-
me,-
tator,
meat showing description of the various parcels of abutting p
ertyi the amounts to be assessed against each parcel of property
anc1 showing other matters and things; anc: such roll or statement
was cxarnincd anc: approver_; an alter due a�z�'_ proper r_oticc, hearing
was held and had; anc by resolution pa ser, on the �� ay of
192 , all protests and ob jeetior.s V10re
overruled anf e sale hearing closcc_, anr.
s,�HERE,,.S all other matters anc: things necess-
ary and prerequisite hereto have been c_o5-,.o and performer'_; anL' the
-0`�rc- of _�.lr_ermen being of the opinion_ that the apportionment of the
costs hereinbelow made a� L set forth is in substantial proportiol to
the benefits to the respective parcels of abutting property in the
enhanced_ value thcr�_ ,f by moans of such improvements, anc. izD in
corc_anee with law aYlc. the-proccoLings of the City, a.nc' that the
-�
hereinbelow shot*
n and assosscd 3,gainst such parcels of pro1�ert;y LO not
in any case exceed the benefits to such property in the enl.anced value
thereof by means of such improvements, ar_d that the assessments so
shoran anc' made doertt
no
able to such. prop y uxcer�theelpwoandtcharter inof costs fcrpeoly inrthisi1Citc:
THEREFORE BE IT ORDAII1ED BY THE BOIRD OF
ALDj-1.z iT•;IT OF 'LTTE CITY OF 5, ICTTIT % F %LLS:
T �IiAS , THAT,
I.
There shall be anL is hereby levied and
ass -against each parcel of property hereinbelow mentioned and against
the owners thereof the sums o1 money uelow mentionec'_ anc' itemizes_ ally_
the total amount set opposite the c_escriptior_ of each parcel of prop-
,rty; the description of such property, the several amounts asscsec_
.ainst same, together with the total amount assessed, an("- the navies
the owners of such property so far as known, being as fa1101,7s:
0' %
r iRT
0� �?TL
M T Of
II -I? �OVITTG i PO TIOT'
OF
GRICE STREET
ITT TITL C !TY OF
A ICHIT_� F�iLLS , TF _� S , F Is1ITTG _'i C -_ L (`I AND
LIEN .:LGAIYST _=1BUTTIT_IG FROI'�rTY .i'D
TrZRJOF, 1'_-.0'�TIDI 7G FOR TT'E COL-
LECTICTI OF SUCSEr C:7
C -,1 -TS 'U-1, FORTTTE
\ C ryT �3L J1:,ICLS•
ISSU:�NC--� E OF C,IGT1�_ - TIl, %1
G� a.�
TT -D BY/TT'- 30ARD OF ..'iLDLru JI
BEE IT O.,.D::� UT-] .r u
OF T1E CITY O UICHIT_ F,iI�LU, � .�%S, Z_.:al
the Board of -plc cnisOlL1of ti'lC�lsCc`-
City of `s ichita Fl ails � Texas, has hcl�0tof orc b- r� 1
December _ 192 5, ori-ereC_ the improve -
on the 14th Laytree — ,-�� in sai�_ City from its intcr-
rne?�t of Grace _
ou Fi Properly— line of Ninth -Street
Sectiol� with the _ line of
to its intersection tiith the or n property _
Street by r-Asin M` C-ing a�.ld filling same
Thirteenth' Two inch
and installing co1�cro uc ciirbU _ n'_,
u �tcrs nd paving Orth
Sheet Asphalt (Willite Process o�� five inch plain corer" eke
u 1 _aior_; ails. corirac�icr-i` Pavy-�
ing ar_c: construction o such iz�?�rovemc��ts eras lot to Plains
iY.Company; anc_ the Erginecr filer, with the City roll or state-
me,-
tator,
meat showing description of the various parcels of abutting p
ertyi the amounts to be assessed against each parcel of property
anc1 showing other matters and things; anc: such roll or statement
was cxarnincd anc: approver_; an alter due a�z�'_ proper r_oticc, hearing
was held and had; anc by resolution pa ser, on the �� ay of
192 , all protests and ob jeetior.s V10re
overruled anf e sale hearing closcc_, anr.
s,�HERE,,.S all other matters anc: things necess-
ary and prerequisite hereto have been c_o5-,.o and performer'_; anL' the
-0`�rc- of _�.lr_ermen being of the opinion_ that the apportionment of the
costs hereinbelow made a� L set forth is in substantial proportiol to
the benefits to the respective parcels of abutting property in the
enhanced_ value thcr�_ ,f by moans of such improvements, anc. izD in
corc_anee with law aYlc. the-proccoLings of the City, a.nc' that the
-�
hereinbelow shot*
n and assosscd 3,gainst such parcels of pro1�ert;y LO not
in any case exceed the benefits to such property in the enl.anced value
thereof by means of such improvements, ar_d that the assessments so
shoran anc' made doertt
no
able to such. prop y uxcer�theelpwoandtcharter inof costs fcrpeoly inrthisi1Citc:
THEREFORE BE IT ORDAII1ED BY THE BOIRD OF
ALDj-1.z iT•;IT OF 'LTTE CITY OF 5, ICTTIT % F %LLS:
T �IiAS , THAT,
I.
There shall be anL is hereby levied and
ass -against each parcel of property hereinbelow mentioned and against
the owners thereof the sums o1 money uelow mentionec'_ anc' itemizes_ ally_
the total amount set opposite the c_escriptior_ of each parcel of prop-
,rty; the description of such property, the several amounts asscsec_
.ainst same, together with the total amount assessed, an("- the navies
the owners of such property so far as known, being as fa1101,7s:
9 ( 2 of 4 )
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, rospoctivc-
ly together with interest thereon at the rate of eight (8'.) per
cent per annum, together with reasonable attorney's fees anCL costs
of collection, if incurred, are hereby declared to be and made a
L_ upon the respective parcels of property against whic,l the
s_smce are assessed and a personal liability and charge against tho
real- end true owners of such property, whcthor such ownors be nam -
cd heroin or not, anC. the said liens shall be aneC, constitute a
first ans? enforceable claim 1g.ainst the property on which the ass-
osslaont is levies'., ar.CL shall be the first and paramount lien there-
on, superior to all- '-her liens and claims, exc'pt state, county
and municipal taxes, ans the sums so asscssod shall be payable
follows, to -Crit:
In six equal Rnnual installments duc res-
pectively on or before thirty says, one, tcvr, throe, four a.n(I
five years ;after the Late of completion int' acceptanco by the City
of said improvements, ane. the sums a.ssesscE shall bear intorost
from date of such completion a.nC- acceptance and until paid ^t the
rate above provis.eC , -p.a,y ible annually with o - ch ins-ballmont, a.ns.
provi.c_ed that if default be made iii the payment of any installment
of principal or interest when due, the whole of the assesLrgent upon
which Lofault is mage shall, at the option of the Plains Paving
Cor_Zpany or its assigns, be ane. becorie at once due and payable,
together with reasonable attorney's fees ane' costs of collection,
if incurr(;L; ane. provic_oL further that the owners of such property
sh,,,.11 have the right to pay any or all of the said installments
before r_aaturity at any time, by payment of principal anCL interest
accrued to Late of payment.
The City of l,oichita 'r'alls shall net be in
',nor manner liable for the payment of any suras assessoL :ae-?Past
any abutting property or any owner, but the sail Plains PIving
Company an.C_ its assigns shall lock solely to such cviners for pay-
r_ier_t of the sums asscsseL; but the City of Wichita Falls shall
cxcrcise all of its lawful powers to aiL in the enfcrcemont :,.ns.
collection of said lions and sums ane: personal liabilities; :and if
Lofault shall be 'mac.c '.n the payment of .any of s:aig. sums, collect-
ion thereof shall be onforceg, either by sale of the property by t-,_1
tax collector and .assessor of the City of Nichita Falls, as near
as possible in the manner providoC_ for the sale of property for
the non-paymont of ad -valorem taxes, or, at the option of Plains
Paving Company, or its assigns, the payment of sa iC sures ane' said
liens and liabilities shall be enforcoL in any court having juris-
aictian.
IV.
For the purpose of evic'encing the several
SUMS assesses. against said parcels of abutting property ane' the
owners thereof, ane' the time a,nC. terns of payment, arc_ to aiC_ in
the enforcer_icnt thereof, assignable certificates shall be issued
by c City of ': i,chita Falls upon the completion and acceptance
cf l e work which certificates shall be exocuted by the i;i: yc-r in
t_f10 n, -)mo of the City anCL Attestod by the City Clerk with the cor-
porato seal, ane. shall be payable to Plains Paving Company, or
it:, ^,ssigns, anC_ shall C ccl^re the s lis. amounts, time and terms
._ E r'.Yvent, a.nc. the rate of interest anC_ the sa to of completion
-' rm 9 (3 of 4)
wnd acceptance of the improvements, shall coi tair the name of t'_ao
-. rcr of propert;T as accurately a possible, +shall cc stain a C_es-
C:2 ipticn of the property by lot and block llti,mber or fr(II-t oet thero-
011 , or such ether Lol:cripticn as may ot-:or,,ri.:o Iis.onti'i' r :ame; ani
the property shall be ot!r,ct_ b -r an ostate, then the "_cscri,; sic;
t :._erecf as se o;•-rncd shall be cuf2icieilt, or, if the n �r:ic of t,he c
be unknown, then to Eo ��tato the fact shall be cuffic_ (c,t art. --0 er-
ror or mistake in rrscribing any property, Cr in givi.il the na.mc of
any owner, shall il_ Llidato or in any prise impair an,;r certificat : r
ai-y assessmor.t levies, by this ordinance.
Saic certificate shall provic_c substantially that if the
same shall not be pais_ promptl-r upon maturity, then. they s3.1a11 be
collectible with reascnablo attorney's fees and costs of collectie__,
if incurreC_, ar_c- shall also provi _e sttbsta_ltiall�T that the amoul?ts
evidenced thereby may be paiC. to the Collector of Taxes of the City
?
of 'lichit . `�'allw, Texas, who shall issue his receipt therofor, U:!hich
receipt shall be evic_ence of such pa- cnt upon a 1 T C,ellarC for same;
and the Collector of Taxes shall c..epcsit the sums so locoivcc by him
forthwith with the City Treasurer to be kept ane held by hinp,
separate fund hereby designated ac " GRACE STREET
Special Certificate -Fund No. ; ane. T:Y-len an�,T p�ynien� s 1a11`Tc`rl c:e �c
the Tax Collector upon suchcertificate, he shall upon pre en-taticr.
t him of the certificate by the contractor or ether holder thcl ccf ,
endorse said payment thereon; aj:.0 the contractor or holcer of such
certificate shall be entitled to receive from the City Treasuror the
amount paid, upon presenting to 'l.im such cortificato so enC_crc o,' ant.
credited by the holder with the amount paiC.; and sucil er-s.Vrsement
and credit shall be the Treasurer's warrant for makir.6 such payment.
Payments by the Treasurer shall also be receiptec' for by the holcer
of such certificate in writing, and by the surrenc:er thereof when the
Principal, together faith accrued interest and all costs cf celleeticn
an' reasonable attorney's fees, if incurroC., have boon paid in full.
Said certificates shall further recite substantially that
all prcteetain s with reforcr_ce to making; such improvements havo boe�
regularly had in cc -oliance with law, ane: that all prerequi—i L, to
the fixing of the a,.. essment lien against the property described
such certificates and the personal liability of the caner have b:, :
regularly cone and performed, and such recitals shall be prima facie_
evidence of the facts se recites' and no further proof thereof shall
be requires' in any court.
Saic_ certificates may have coupons attacheC_ thereto in evi-
dence of each or all of the several installments thereof, er ma -r havo
for or each of the first :five installments, leavin; the main cer-
tificate 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; arc_ such coupons may be signet' either with
the ori; incl or with the fac-simile signatures of the Tfi:. c ar_c Cit r
Clerk,
Saic certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful posers when reqs -.ester_
to c_o so by the holder thereof to aid in the collection tlerecf, anC_
may contain recitalG substantially in acccrcarcc faith the above a -,t"
other additional recitals pertinent or appropriate thereto, end it
shall not be necessary that the recitals be in exact fc�°ri set -fort,
but the substance thereof shall suffice.
Porm 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 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 L.
force and in effect immediately from and after its passage.
192. PASSED AND APPROVED this day of
ATTEST:
City Clerk
vIaya