Ord 753 4/6/1926'r'e rm 9 (1 of 4 )
O: njjII :TCF L VYIT
G _:� aSES;;i:�1
IST FO' L
A
SRT
OF TTTZ CONT OF
11.12 OVIT'G
:L PC'
OF
TAFT STREET
ITT THE CITY OF
`;.�ICHIT1 F_JLLS, T DL�S, t I� ITTG _:� CT=.i rI� AND
LIEU .:GAIYST _�BUTTIT?G PROP: zTY :? D TTS
0':,`iH RS THEREOF, PROVIDIEG FOR THE COL -
711
LLCTINT, OF SUCH -1�c)Ec S-1; E'l-TS ATM FOR TT
0� 7CSI77,1 1C:`1L0•
ISSU.IT CE OF 1�-1=.,_�� ,3L 11 l
�_-----
BE IT ORD:DINED BY TIi� BOARD 01 .'QLD
O F TTL C ITY 01-7 ICHIT F ILLS , " IS , THAT
1vHERr.:,S, the Bowra of __.ldern en of the
City of '•.'ichita Falls, Texas, has hcrotoforc b. -yr resolution LDasc,":;-
on the 28th day of September
1925,ore ercc,_ the improve-
ment of��a.�Street -``- -iz. sai�_ City from its intcr-
li.no of :venue L _
section_ SJlth t e ou prope���-� line of
to its intersection ti,ith the Sout: __�_�___--_-
Lot 7 Blk 95A, Highland Adcby 'r i nk, �;r'1�-ing anr_ l iiig same
ar_cr rs-=amain, concrc�1.irbs a sc_ ueters O.nc having with Two inch
Sheet Asphalt (yiillite Proe—esO oil Five inch plain c_ oncr��
souc.a�ioi ; nn�_ contarc�i'-ore
ing ane. construction o1_s_uch improvcmcnts°.as let to Plains Pav-
ing Company; ane. the Engineer filet. with the City roll or state-
ment showing Lescription of the various parcels of abutting prop-
erty, the amounts to be assessed against each parcel of property
ane showing other matters ane, this^-gs; ane. such roll er statement
1 examines. a.nC. appreveC; and after due a_ C_ proper r_otice, hearing
was held and has'.; ana by resolution passe(, on the Lay of
192 , all protests ane_ objections Vlore
overrules. anc� e saic_ hearing close", ane'
IOHERE.iS all other matters ana things necess-
ary ane. prerequisite hereto have been cone anL performer'_; and the
Board of ...1(_ermen being of the opinion_ that the a-pportionmOnt of the
costs hereinbelow macre ane: set forth is in substantial proportion to
the benefits to the
p res ective parcels of abetting property in the
enhance(, value thereof by means of such improvements, all(. is ir_ ac-
cordance with law ane, the proceedings of the City, ane_ that the arlou„t
hereinbelow shown ani. asscsse(_ against such parcels of property LO not
in any case exceec. e benefits to such property in the enhan_cec_ value
thereof by means of :;-ach improvements, anal that the assessments
shotirn ane'_ made CIO not exceed the proportior-s of costs properlyc-
able to such property undor the law alzc'_ charter in force in this City:
THEREFORE BE IT ORD-MTED BY THE BO=uRD OF
ALDEIMEN OF 'SITE CITY OF ICTjIT:,
T _,_' iAS, T11 -IT:
I.
There shall be an(_ is hereby levies: ane: ass-
essea against each parcel of property hereinbelow mentionec and against
the owners thereof the sums of money bolow mcntionec_ and itemizer_ anC_
the total amount set opposite the description_ of each parcel of 1ro1-
erty; the Lescriptian of such property, the several amounts assesses
a` _.,inst same, together with the total amount assossed, and the n_arsies
of the owners of such property so far as known, being as follOWS :
"orm 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property ane. the owners thereof, respective-
ly together with interest thereon at the rate of eight (8;) per
cent per annum, together with roson-ble attorney's fees anC. costs
of collection, if incurred, are hereby declared to be and made a
lien upon the respective parcels of property against which the
s- �e are asscssoc: and a personal liability and charge against the
ro::1 and true ownors of such property, whether such owners be nam-
ed ;. groin or not, anC, the said lions shall be an( con:titutc a
first and onforcea.ble claim ^.ga,inst the property on which the ass-
essment is levies., anC, shall be the first and paramount lien there-
on, superior to all other liens anC. claims, except state, county
anC_ municipal taxes, and the sums so a,ssesscc: shall be payablo as
follows, to -wit;.
In six equ^.l annual installments c.uo res-
pectively on or before thirty c.ays, one, tc three, four ana
five years after the date of completion .an,_ iccoptance by the City
of said improvements, tncO, the sums a,ssessod shall bear interest
freri elate of such completion ane: acceptance and until pa.iC, at the
rite above proviC_oE, pay,,ble annually with o. ch installment, a.nd.
pros iceC_ that if defr,zlt be made in the payment of any installment
of principal or ini,ci , st when clue, the whole of the assessment ulor
which Cofault is nac_e shall, at the option of the Pl ;ins Paving
Comp Lny or its assigns, be ane. become at once due and py ble,
together with reasonable attorney's fees ^.ncC, costs cf colloction,
if incurred; and proviC_cC further that the oviners of such property
shall have the right to pay any or all of the sA . installments
before r_i�lturity at any time, by payment of principal anC. interest
accrued to c a,te of paynent.
The City of Wichita Falls shall not be in
anal manner liable for the payment of any suns assesseC_ against
any abutting property or any owner, iut the saic. Plains laving
Company ane, its assigns shall lock solely to such cwn.ers for pay-
r1er.' of the sums asscssoC_; but the City of i��ichita, Falls shall
exercise all of its laviful pevrcrs to ai(_ in the enfcrcemont :enc.
(,011_eetion of said liens anC. sums ane. personal liabilities; 2-VIC, if
Lofault shall be made in the payment of any of saic. sums, collect-
-on thereof shall be enforce(_ either by sale of the property by the;
tax collector and assessor of the City of ',U-chita Falls, as near
as possible in the mannor provide(_ for the sale of property for
the non-payment of aC_-valorem taxes, or, t the option of Plains
raving Company, or its assigns, the payment of saio. sums ai.c. said
liens and liabilities shy ll be enforced in any court h__�vi. juris-
CLiction.
IV.
For the purpose of evic.encing the several
sures assesses against saic. parcels of abutting property ane. the
OWners thereof, ane. the time an(. terms of payment, anC_ to aic'_ in
the enforecricnt thereof, assignable certificates shall be issued
by the City of ':ichita Falls upon the completion anC. accent^,nce
of the work which certificates shall be executeC_ by the Tvi ,y-cr in
the name of the City anCL Attestec: by the City Clerk with the cor-
porate seal, � nc shall be payable to Plains Paving Company, or
it3 .signs, anC_ shall Ccel are the said' amounts, time ane. terms
f r".Yr_,ent, the rate of interest anC_ the (.ate of completion
-. Urm 9 (3 of 4)
,:JIs, acceptance of the imprcvemer._ts, shall contair- the name of ti --10
of property- as accurately as possible, shall contain a c= -ea. -
c7 iption of the prcperty by let ane'. bloc�� i-linbcr or front JLct-
e or such cth s° Lor as may otl-er-vi.se is_er_tif,r same; a1
i � b-, an cstato, then the c'.cscri-,.ti7,
the property ,hall be o�rrcj j- 11 ficicnt, or, if the nar-lc of th�e c r -c_0
thereof as se ot:ns;d s7nall be :
be urLVnown, then to uo state the fact shall be sufficient arc- no or-
rcr or mistake in describin;any propeit r, or in givi� ;� the name of
any owner, shall invalis-atc or in any wise it pair an.T col tificate cr
ai y a.ssessmont levies, by this ore' irancc;.
Said certificate shall provis_e substantia.11 r that if the
same shall not be p,ic_ promptly upon maturity, then they shall be
collectible with s°c..;cnablo attorney's fees ane costs of ccllect-. ,
if incurrec-, anC shall also provic_e si,bstantia.11:,r that the amoti-.
evider,.ced thereby may be paid to the Collector of Taxes of the City
of ';'tichit _ Falls, Texas, who shall issue hic recoipt therefor, which
receipt shall be evidence of such paymcnt upon c.ema.nc. for sank;
and the Collector of Taxes shall deposit the sums so eccivcc. by hil
forthwith with the City Treasurer to be kept and helL by him i_-
separate funs' hereby C_esignated as " TAF'T STREET _
Special Certificate Furs' No. ane' vnlien any payment s awl cvrl c0�o
the lax Collector upon such certificate, he shall upon presentation
to him of the certificate by the ccntractor or ether '_iclLer thereof,
en( -or --e said payment they ecn; ay -C- the cen-cractor or holc.er of such
certificate shall be entitled tc receive from the City Treasurer the
amount paid, upon presenting to him such cortificate so anc_
credited by the holder with the amcunt paid; and such endrrsement
a-�.'_ credit shall be the Treasurer's warrant for making tiuc�i pa�riner U.
Payments by the Treasurer shall also be roceiptec, for by the holc_er
of such certificate in writing, anel by the surrender thereof when the
principal, together with accrued interest and all costs, of collectic::1
and reasonable attorney's fees, if in currec_, have been pais- in full.
Saicl certificates shall further recite substantially that
all prcbeeC-ings with reforer_co tc makirsuch improvements havo' beep_
regularly had in compliance with later, ane- that all prerequisites to
the fixing of the assessment lien against the proport-r C-oLcribed in
such certificates and the personal liability of the cvner have been
re; ularly Cone and performer', anE such recitals shall be prima, facie
ovic_ance of the facts se recites' anCL no further proof t--.orecf shall
be requi.rea in any court.
Saic' certificates may have coupons attaches_ thereto i i ". i-
dence of each or all of the several installments thereof, or ma,;;r have
coupons for each of the first five installrlcnts, leavin, the rain cer-
tificate tc serve for the sixth installment) �lrhich coupons shall be
payable either to Plains Paving Company or itsssir_s, o_° to Plains
Paving Company or bearer; ane. such coupons may be sib; zee- cither with
the original or with the fac-simile signatures of the Tvi -,rcr =C- Cit;
Clerk.
Said certificates shall further- recite that the City of
Wichita Falls shall exercise all of its lawful poviors when requestec.
to co so by the holder thereof to air'_ in the collection thereof, ans:_
may contain recitals substantially in accordance pith the abcve a.2'.'-
other
2c'other ac-s:itional recitals pertinent or appropriate thereto, anc_ it
s:-.11 not be necessary that the recitals be in exact form set ort ,
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, 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 ];ending the taking effect of this ordinance, and.
that°the condition of said portion of street endangers the pubs'c
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 in
force and in effect immediately from and after its passage.
PASSED AND APPROVED this:-, Yday of� ` ..;.
192 z'
ATTEST:
City er
payor