Ord 768 5/17/1926CE LEVYING ' SSESSI:_ENT
0 "T�T
..v 1 1:�..i
OF Ti E COST OF I uuRCVING A 107'=OX ``_{'
JONES STREET IN THE C ITY OF
JICHITA FALLS, TEX_-'.c'.,, F I}_ITNTG r,, CHARGE
LIEN AG='LINST ADITTTII G PROPER'T": :',.ND THE
M IuE `` THEREOF P-HOVIDING F01Z T?1E COL-
LECTION OF SUCH _�,SSTSS� ENTS ii`�i FOR THE
ISS;IT�;,NCE OF AS:IMTALF' CEaTIFICATES.
BE IT ORDAIN'E'D BY THE BOA 7-M OF
OF THE C IT f OF 1, ICHITA FALLS, TEY�S , TH.:1T
'VInIEREAS, the Board of Udermen of the
City of iichita Falls, Texas, has heretofore by resolution passed-
on
assedon the 12th day of October , 1925, ordered the improve-
ment of—To—n--es--Street `i -in maid City from its inter-
section wi.th__t_he en er line of Avenue J
to its intersection' with he north roperty line o
Wichita valley Ry by raising, grading and�`ilin same
and installing cor_cre'-e curbs and gutters and paving with Two inch
Sheet Asphalt (Willite Process) on five inch plain concrete
_._ foundation; and contrac o -the making
a,:.^ construction of such irlprovements was let to Plains Paving
Co:ilpany; 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 of 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
1;HEIREAS all other matters 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 m -de and set forth is in substartial proportion to
the benefits to t'. e _ espective parcels of abutting property in '11—
enhanced value thereof by means of such imprcvearents, and is it
cordaeice with law and the proceedings of the City, and that the
hereinbelow shown and assessed against such parcels of property do
not in any case exceed the benefits to such property in the enhance;
value thereof by means of such improvements, and that the assess,: ents
so shown and made do not exceed the proportions cf costs properly
chargeable to such property under the laF,; and charter in force in th`
City:
THEREFORE BE IT ORDAII`TED BY THE BO_ _. D O
ALDLMEN OF THE CITY OF `.' ICHIT_"L FALLS, T-__ _�.,
THAT:
I.
There shall be and is hereby levied ari(i
_eco against each parcel of property hereinbelQv1 mentioned a a
t; e owners thereof the bums of money below mentioned and iter_Ii
total arourt set opposite the description of each pare -el y
the c.escrivt:i.on of such property, the several amot,.j.A s a,-,._,,
a.'-4..i_;st same, together with the total amount assessed, and the
`ite owners of such property so far as known, being as follo,ris:
or 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, respcetive-
er
ly together with interest thereon at the rate of eight
�. � c.pcosts
cent per annum,
together with roasena.ble attorney's fees
of collection, if incurrod, are hereby d.eclarod to be and made a
lien upon the -respective p'rcels of property against whicll the
sa are assessod and a personal liability and charge against the
re, l and true ovvncrs of such property, whether such owners be nam-
ed herein or not, and the said liens shall be anC- ccnstitutu a
first ant' enforceable claim ^:ga.inst the property on which the ass-
essment is levied, and 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 asscssed shall be payable as
follows, to -wit;
In six equal annual installments due res-
pectively on or before thirty days, one, tov:, three, four and
fivo years after the date of completion ant'_ acceptance by the City
of said improvements, anL the sums assesscd shall bear in'u-erost
from date of such completion ant' acceptance and until paiC, �'.t the
rate above provided, payable annually with o!"Ich installmont, ana
provides_ that if default be made in the paymont of any installment
of principal or interest when due, the whole of the assos�_r.2ent upon
which dofault is m^,c:_e shall, at the opti.c_rz of Ilio Plains laving
Cor_lp any or its assigns, be ant, becorrie at once due and p^.yrble,
together with reasonable attorney's fees ^r -L costs of collection,
ii incurred; and provic_cd further that the owners o--," such proporty
shall have the right ) pay any or all of the s^ icy, hist^.11monts
before m'iturity at any time, by payment of principal a,nd interes"
accrued to date of payment.
III.
The City of 114'ichita {ails shall not be in
an�T manner liable for the payment of any su -Is assesses against
any abutting property or any owner, but the sail Plains laving
Ccmpa.ny and its assigns shall lock solely to such owners for pay-
ment of the sums assessed; but the City of i'dichita Falls shell
exercise all of its lawful pewcrs to aid in the enfcrcemor_t :'ns.
collection of said lions and sums ant:_ personal li 1bilities; and if
default shall be mado in the pa,yrient of any of said sums, collect-
ion thereof shall be enforcoC. either by sale of the property by the
tax collector ant. :assessor of the City of Wichita Falls, as near
as possible in the manncr provider_ for the sale of property for
the non-payment of aCL-valorcm t xes, or, at the option of Plains
Paving Company, or its assigns, the payment of said sums and said
liens a.nd liabilities shall be enforces, in any court Navin„ tiuris-
diction.
IV.
For the purpose of evidencing the scver.a,l
sums assesseC_ against sajC. parcols of abutting property ant, the
ov:r_e_�s thereof , and the time ant_ terms of payment, and to aid in
the jnforcomont thereof, assignable certificates shall be issuea
by the City o: ';dichit, Falls upon the completion and acce Dtanco
of -the work which c ,r '.ficates shall be executes. by the i :�-.ycr in
tln.c r_ar_Zc of the City anCL Attested by the City Clerk vrith the cor-
por.ato seal, ans_ shall be payable to Plains Paving Company, or
it,- �.ssigns, and shall declare the said ^mounts, time and terns
L r�y,,_.cnt, n�_ the rate cf interost anr_ the date of compl: tion
9 ( 3 of 4)
acceptance of the improvements, shall contai�� the name a tze
e Y er of prcpert-T as accurately aE: possible, shall cciztaln w �.es -
iption of the property by lot and block nLimber or front cc;t theyo•-
o or such cthoas may ether,rire ii entif J same;
the property shall be otbar ar_ estato, then the C_cscri-,;tir,
i�i_orecf as so o�. ncc_ -I-fall be -LIieiont, or, if the nariio of the c °;r:,.:
be unknown, then to so ctato the fact shall be sufficient ar.c_ -,c or_
rcr or mistake in C. escribing, any property, cr in givin,_; the name of
any owner, shall invalic,ato or in any wise irIpair an�r corti iCato Cr
ai y .assessment leviec'_ by this ordinance;.
Saic' certificate shall provic_e substantially that if the
same shall not be pais_ promptly upon maturity, then they shall be
collectible with rc , �cnablo attorney' s fees lar.c, cost of collection-_,
if incurreC_, and sh- _1 also -,provic_e substantially that the amour
evi( eYAced thereby may be paid to the Collector of Taxes of the f_"
of Wichit _ Falls, Tuxas, who shall issue his recci--pt therefor, which
receipt shall be evic.er_ce of such pa;rmont upon a , r Lomanc. for same;
and the Collector of Taxes shall C -c -posit the sums so recoivccc, by him
forthwith Frith the C L 'Treasurer to be kept ani- helc.. by hirr. i--
separate furs'_ hereby designates. as 11 JONES STREET
Special Certificate Fundi No. ; and vffio Y any p -a r11enfs gall ora
the Tax Collector upon such certificate, he shall upon presentation
to him of the certificate by the contractor or other holder thereof,
endorse said- payment thereon; ane_ -the contractor or hole or of such
certificate shall be entitled to receive from the City treasurer the
amount pais, upon presenting to him such certificate so enC_crsec, ane.;
crediteCL by the holder with the amount paid; ar_d such enC vrsement
an.'" crec? it shall be the Treasurer's warrant for makirz such payment.
F. ?tints by the Treasurer shall also be rocoiptoL for by the holc_er
of such certificate in writing, and by the surrendor thereof when the
principal, together ,,rith accrued interest and all costs of collection
and reasonable attorney's fees, if incurreC_, have been pais'_ in full.
Said certificates shall further recite substantially that
all prcbeeaings with reference to making such improvements have boo
n.
regularly had in compliance with law, ane' that all proroqu.isitcs to
the fixing of the assessment lien against the proper -7 c_cccribea in
such certificates ane' the personal liability of the c`iner have been
re,;ularly c_cno and performocl, ane, such recitals shall be prima, facie
evidence of the facts so recites'_ anE no further proof t_- ereof shall
be required in any court.
Said_ certi- Acates may have coupons attachoc_ thorcte in
donee of each or all of the several installments thereof, or mt-ly
coupons for each of the first five installments, lea.vin; the main cer-
tificate to serve for the sixth ir_stallmentl which coupons shall be
payable either to Plains Paving Coinpar_y or its assigns, or to Plains
Paving Company or bearer; ane: such coupons ma7r be siE nee_ ei th ,r yids
the original or with the fac-similo signatures of the Mayer an(--- City
Clerk.
Said certificates shall further recite that the City of
Wichita Falls shall exercise 'all of its lawful powers titirhen requesteC.
to Co so by the holder thereof to aid in the collection thereof, anc_
may contain recitals substantially in acccrc'_arcc with the above ane -
other aC-Litional recitals pertinent or appropriate thereto, anC_ it
shall not be necessary that the recitals be in exact.form set--±crti,
bu:; 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 delayed pending the taking effect of this ordinance, and
that the condition of said portion d of createseaneurgentrs the public�necic
health and safety, constitutes an
essity requiring that the rules providing that time
be read
at more than one meeting and for more than one time be suspended,
and requiring that this ordinance be passed and taordingly ke effect
and
emergency measure, an�`sduas an emergencyrules are cmeasure, and shall be in
this ordinance is r from and after its passage.
force and in effect immediately
PASSED AND APPROVED this `yrday of
19211
ATTEST:
1 y er
7ayor