Ord 767 5/17/1926O DIIdANCE LEVYING ASSESSMENT ECR
OF THE COST OF I TRCVING A P0nTION ,::`_;
AVENUE J IN THE CITY OF
WICHITA FALLS, TEX0, FI>rING i CHARGE AQ
LIEN AGAIEST ADUTTIUG PROPERT7 AND THE
OWNERS tS THEREOF? PROVIDING FOR THE COL-
LECTIOU OF SUCH ASSF&MENTS AND FOR THE
ISSUANCE OF ASSIG17?_0LE CERTIFICATES.
BE IT ORDAINEn BY THE BOARD OF ALD ERlEN
OF THE CITE OF WICHITA FALLS, TEXAS, THAT
`ti1HEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 12th day of _October 1925, ordered the improve-
r.;ent of—_ven- u in said City from r its inter-
section wi�i themes urs line of Tait street
to its intersectioAlg he �'esFPro e �T-----
ine of
Jo}ies Street by raising, grading and filling same
and insta ling concrete cur snd gutters and paving with Two inch
Sheet Asphalt (Willite Process on five inch plain cononc—r e
foundation; and contract^Mr the mE ing
ar. construction of such 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 oboections were
owu edand We said hearing closed, and
WHEREAS 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 made and set forth is in substantial -proportion to
the benefits to the respective _parcels of abutting Property in toe
enhanced value thereof by means of such improvements, and is in ac-
cordance with law and the proceedings of the City, and that the amoa_
hereinbelow shown and assessed against such parcels of property do
not in any case exceed the benefits to such property in the enhanced
value thereof by means of such improvements, and that the assessr:ent
so shown and made do not exceed the proportions of cots properly
chargeable to such roperty under the law and charter in force in thP!
City:
THEREFORE BE IT ORDAINED BY THE BOARD OF
�LDLRP,'iEN OF THE CITY OF `.`rICHITA FALLS, T='.=`:_=S,
THAT:
I.
There shall be and is hereby levied a d a y—
o2sK against each parcel of property hereinbelow mentioned au- al"Inst
the owners tKereof the sums of money below mentioned ahd item ed
the total amount set opposite the description of each parcel G f _y, c `'-
t;; the description of such property, the several amounts as cs
same, together with the total amount assessed, and the ,
Ile owners of such property so far as known, being as follows'.
Form 9 (2 of 4 )
II.
The several sums above mentioned assessed
against said p arcels of property and the owners thereof, -respective-
ly together with interest thereon at the rate of eight (8:)) per
cent per a.nnurz, together with reasonable attorney's fees :and costs
of collection, if inci,.rroC'1, are hereby declared to be and made a
lien upon the respect ve parcels of property against which the
saiaze are assessed and a personal liability and charge against the
rc, l and true ownors of such property, whether such ownc,rs be nari-
cd heroin or not, and the said liens shall be and constitute a
first ane'_ enforceable claim 7gainst the property on which the ass-
essment is levied, and shall be the first anti paramount lien there-
on, superior to all other liens ane:, claims, except state, county
anC_ municipal taxes, anci the sums so assossed shall be payable as
follows, to—Edit:
In six equ-�l annual installments duo res-
pectively on or before thirty days, one, tc,d� , three, four anci
five years after the Cate of completion anC_ acceptance by the City
of said improvements, anci the sums assessed shall bear intcrost
from date of such completion ane, acceptance and until p:aici at the
above providod, p.--tyable ^.nnually with each installment, anci
pi oviC_ed that if default be made in the payment of any installment
of principal or interest when due, the whole of the assessment upon
which default is mai,_o shall, at the option of the ilains Paving
Company or its assigns, be and become at once due and pay.�:ble,
together with reasonable attorney's fees ^.nd costs of collection,
if incurred; and proviLec' further that the o,.,rners of such property
shall have the right to pay any or all of the s -AC. Installments
before m��turity at any time, by payment of principal anC_ interest
accrued to date of payment.
The City of 'V, iehita Falls shall not be in
any manner liable for she payment of any suras assesseC. :against
any abutting property or any owner, but the said P11 -ins Paving
Company ane, its assigns shall lock solely to such owners for pay-
ment of the sums assessed; but the City of Wichita Falls shlall
exercise all of its lawful powers to a.iC_ in the enfcrcemer_t :1.nc,
collection of said lions and sums and person^1 liabilities; ,,.nd if
default shall be mado in the payment of any of sai:i sums, collect-
ion thereof shall be enforcod either by sale of the property by the
tax collector and assessor of the City of 'Nichita Falls, as near
as possible in the manner proviaec_ for the sale of property for
the non-paymont of a.d-valorem txos, or, at the option of Plains
Paving Company, or its assigns, the payment of said sums and said
liens and liabilities shall be enforceC, in any court havin juris-
diction.
IV.
For the purpose of evidencing the several
sums assesseC_ ygainst said parcels of abutting property and the
oti-.ne 's thereof, ane' the time anC_ terms of payment, ane to ^.ic_ in
the onforcemont thereof, assignable certificates shall be issued
by the City of 73ichita Falls upon the completion ane: accept^ince
cf the work which certificates shall be executec'_ by the i;i', r in
tlzo r_amc of the City a.nC, attested by the City Clerk with the cor-
jorato seal, an',' shall be payable to Plains Paving Company, or
it �-.ssigns, anC_ shall declare the saki r counts, time a.nc, terms
r Ti:,:;nt, n,n�_ the rate of interest anC_ the date of completion
71,!,rm 9 (3 of 4)
"nC acceptance of the improvements, shall cont-ai_n the n.amo of t':ie
i c -r of propert-T as accurately as possible, shall certain a c_es-
cription of the prcporty by lot and block ininbcr or front f-oet thei°c--
n- , or such ctholiLo,=iDticn a,3 may ct ~_er ai.se iC cntif'y sande; a.n. C_
the property shall be by an cstato, then the C_cscri ,'cis,;
crocf as so o�rncC be s��- 'i.cient, or, if the nar_10 of t1io
Uc unknown, then to so stato the fact shall be sufficient anC_ ei�-
rcr or mistake in c,escribi ig any property, or in giving the namo c_f
any owner, shall invaliC.ate or in any raise impair any certi icat, cr
any a,ssessmort levieC by this orC.inanee.
Said certificate shall proviC_e substantially that if tlie
same shall not be paiC_ promptly upon maturity, then they shall be
collectible with reascnablo attorney's fees oand costs of collectio-_,
if incurreC_, anC shall also proviCe substasltially that the amounts
eviCenced thereby may be paiC. to the Collector of Taxe- of the City
cf Wichit . 'galls, Tuxas, who shall issue his roceipt therefor, U,!hich
receipt shall be eviCer_ce of such pa5-ment upon any Cci:a a.nC for same;
an(! the Collector cf Taxes shall Le -posit the sums so 2eccivoC by him
forthwith with tl',' _'.ty Treasurer to be kept held by him i-,-,
separate funs hereby C_esi�;nateC as " AVENUE J
Special Certificate Fund No. and,hen any
the lax Collector upon such certificate, he shall upon presentation
to him of the certificate by the contractor or other hcic'_er thcrocf,
encorse said payment thereon; arc. -the centractcr or holc.ar of such
certificate shall be er_titloc: to receive from the City Treasuror the
amount paiC_, upon presenting to him such certificate so enC_crsoC. aff-
creC.ited by the holder with the amount paiC; ar_C such enCCrrsement
anC. credit shall be the Treasurer's warrant for making such payment.
Payments by the Treasurer shall also be roceiptoC for by the holC_er
of such certificate in writing, ane: by the surrenc'er thereof when the
principal, together with accrue(, interest anC all costs of ccllecticn
anC reasonable attorney's zees, if in curreC_, have been pair.. in full.
Sai4 certificates shall further recite substantia.11;;r that
all prcbeeciings with reforcr_ce to making such improvements have boo
regularly had in compliance with lav, ane: that all prerequisites to
the fixing of the assessment lien against the propertir C_escribec, in
such certificates anal the personal liability of the owner have bccn
regularly Une and performed, and such recitals shall be prima facie
eviCance of the facts so recite(, ane! no further proof Viiereof shall
be required in any court.
SaiC_ certificates may have coupons attacheC_ thei etc in evi-
CLence of each or all of the several installments therco , or may havo
coupons for each of the first five installments, lcavir_..; the main ce,-
ti:cicate tc serve for the sixth ir_stallmentl which coupons shall be
payable either to Plains Paving Company or its assigns, or to Plains
Paving Company or b, -.rer; ane. such coupons mai;, be sig cC either c ; tb.
the original or with the fac-simile signatures of the P,ia.ycr and_ C
Clerk.
Saiz certificates shall further recite that tho City of
Wichita Falls shall exercise all of its lawful powers when requesto .
to Cc so bir the helC-er thereof to aiC in the collection. -cilcreof, , ane
may contain recitals substantially in accorC-anco jrith the above ane-
other aC_c'itional recital; pertinent or appropriate thereto, anC_ 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, invalid.ities o'r irregular-
ities, either in assessments or certificates issued in evidence
thereof, is in accordance with law, vested in the City.
The fact that the iriprovements 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 safet;;, ....onbtitutes and creates an urgent public nec-
essity requiring that the rules providing that ordinances be r-
at more than one meeting and for more than one time be suspendea.,
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 in
force and in effect immediately from and after its passage.
192.
ATTEST:
City Clerk
PASSED AND APPROVED this ------ —day of
layor