Ord 752 4/26/1926Pe rm 9 (1 of 4 )
O 'DI! '; `C F, L:C,FYII�G _iS"ES ;i;i;�ItiT 0-L FLLL T
OF _-'E COOT Or Ii. i? iOVIi'G _1 PC"l IC Y OF
TAFT STREET
ITT THE CITY OF
"'VICHIT_1 F_'=S, TEXAS, FIs2IITG .:i CL_ := rI� _IND
LIEIT AGAIIuST ABUTTING PROPEMLTY ; iTD 1'HE,
0-'I`TERS MERJOF, PROVIDIFG' FOR THF, COL-
LECTIOvT OF SUCH _ 17D 1'OR T 17
ISSUANCE OF ?��:IGi::_?3LE C'cTIlIC-!TLS.
BE IT ORD_`LIITED BY TTTE BO_� 'D OF _ILI) lu; E'
__
M7 TT -11, CITY 07 G.!ICHI_;,
. F:�LLS', ?;_
1S , TH.-IT
VvHEI2E_ S, the Boars of Alcolmen of the
City of 1.'ichita. Fall's, Texas, has horot-ofore b-
on resolution ?,assoc,
the 1st cap of February �'�, 192 , orC erec the improve -
Mont of--T'aft Stree"�" �; s ic. City from its intcr-
section �vith)-u-n of 1;otW 7 Bloci: 95A ,, $1 � end
to its intersection;ith the Souhiit,of�-.Lj line of Xd�-1lon
5 R by raisin, jr�.�_ing anC' filling same
ar_c. ir_s a lir
co��crete curb; ane'_ "uttors anf. paving with Twoinch Sheet
Asphalt (Willite Process) on Five inch
plain concrete
ounce or ; ane con raciiar d ie male=
ing arc. cons ruction o such improvements was let to Plains Pav-
ing Company; anC' the Engineer fileC_ with the City roll or state-
ment showing cescri.ption of the Various parcels of abutting prop-
erty, the amounts to be assessed against each parcel of property
a_-.' showing other matters and thir_go; anC: such roll or statement
was examine(I and apprcveC_; a,nc' alter Clue araC_ proper notice, hearing
was helm~ and haC'.; and by resolution passes on the Cay of
overruleC. and TEO- -said'h192 ,galloselproc�ari, eats anC: objections gore
re
all other matters ane things necess-
ary and prerequisite hereto have been cone and performpC'_; ane the
BoarC' of AlC'ermen being of the op(tnion that the apportionment of the
costs hereinbelow mace and set forth is ill substantial proportion to
the benefits to the respective parcels of abutting property in the
enhanced value thereof by means of such improvements, ane is in ac-
cordance with law anC. the proceeC'ings of the City, anC, that the amount
hereinbelow shot,,,n a2(1 assesseO against such parcels of property Co not
in any case excee4 t e benefits to such property in the enhancom
thereof by means of such improvements, anE~ that the assessments
shown ane. maC_e Co not exceed the proportions of costs properly charge-
able to such property under the law ane. charter in force in this City:
THEREFORE BE IT ORDAINED BY THE B01T',.D OF
ALDE11M UT OF '!'HE CITY OF 11CHITA FALLS;
TE US, TELT:
of
There shall be anC- is hereby levies an(; as s-
esseC' against each parcel of property hereinbelow mentior_ec. anC. against
the owners thereof the sums of merle. iaelow mentioneC. and itemizeC ai{C_
the total amount set opposite the C'escription of each parcel of prop-
-; the description of such property, the several amunts assesse,,'
against same, together with the total amount assessed, ane the lams
cz the 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 parcels of property and the owners thereof, respective-
ly together with interest thereon at the rate of eight (8""0) per
cent per annum, together with reasonable attorney's fees ane. costs
of collection, if incurred, are hereby declared to be and made a
lien upon the respective parcels of property against which the
sr_wno are assessed and a. personal liability and charge against the
ro ,.!. ^.nc: true owners of such property, whethor such owners be nam-
ed lloroin or not, and the said liens shall be ane:, constitute a
first and enforceable claim ".g:`ainst the property on which the ass-
essment is levies:, and shall be the first and paramount lien there-
on, superior to all other lions and claims, except state, county
ane_ municipal taxes, ane' the sums so assessed shall be payable as
follows, tc-wit:
In six equal annual installments duo r3s-
pectively on or before thirty gays, one, to,,.:, three, four and
five years after the date of completion ane_ acceptanco by the City
Of said improvements, ane: the sums assessed shall bear intcrost
Cron date of such completion and acceptance and until paid it the
rate above proviC ccs, plyable annually with e^ ch ins tallmcnt, and
proviC_ec that if dof : 1t be made in the payment of any installment
of principal or interest when due, the whole of the assessment u)c
which default is mac:_e shall, at the option of tho Pl'lins saving
Company or its assigns, be and become at once due and pay.�,blc,
together with reasonable attorney's fees and costs of collection,
if incurred; and prcvic_ed further that the ovrners of such property
shall have the right to pay any or all of the s^id installments
before r_a turity at any time, by payment of princip,'il ane. interest
accrued to date of payment.
The City of 1, ichita Falls shall not be in
an'r manner liable for the payment of any suras - ssessec- against
any abutting property or any owner, but the said Pl^ins P'ving
Ccm_,a,ny ane_ its assigns shall look solely to such Owners for pay -
men. of the sums assossoL; but the City of 1-vichit:a, Falls shall
exercise all cf its lawful pmors to a.iC. in the enfcrcomont ?nc.
collection of said lions and sums and person^1 liabilities; anf. if
default shall be made in the payment of any '0'f said sums, collect-
_�on thereof shall be onforcod either by sale of the property by the
tax collector and assessor of the City of Wichita Falls, as near
as possible in the manner provides, for the sale of property for
the tion-paymont of ac, -valorem taxes, or, at the option of Plains
laving Company, or its assigns, the payment of saiC. sur_ls . ane' said
liens and liabilities shall be enforced in any court havi.:,ag, juris-
c�ict_on.
IV.
For the purpose of evic'encin=, the several
.mums assesseC. age,inst saic- parcels of abutting property and the
or:ners thereof, anC the time a,nc� terms of payment, ane_ to aiC_ in
t' e enforecr_icnt thereof, 9-sssignablo certificates shall be issued
by the City of ichit. Falls upon the completion anc. ^cceiat:z.ce
cf the work which certificates shall be executeC_ by the hLaycr in
the innme of the City and _�ttestod by the City Clerk faith the cor-
porato seal, ane. sh-:ll be paytiblo to Plains Paving Company, or
it., .signs, ane_ shall Declare the saic. amounts, time and terms
f r'-yr_.ent, ane_ the rote of interest ane_ the date of completion
-'arm 9 (3 of 4)
wz.d acceptance of the improvements, shall contain the name of to
�. `y,cr of preport" a.s accurately a
J possible, Bible, shall ce�7tain :� c_es-
c2iption of the property by lot and blocjL iaumber or 'fort loci, there_
01, or such ctha'r Cc'-cripticn as may otherwiEo i� enti!'z1 tia1i1G; X11
if the property shall be ow—,oC- r
J b� an estate, they. the c_escri-,;ti-;,
t 10recf as so 0',"inCC.. z—hall ce scI.- i.cic_1t, or, if the name of t ac
be unknown, then to so state the fact shall be sufficient arc_ e G1_
ror or mistake iii C oscribii47 any property, cr in �- iving the r_a.n;c cf
any owner, sb.all invaliC.ato or in any wise impair any certificato cr
atLy a,ssessmcn.t leviea by this oro' ir_ancc.
Said certificate shall provic_e substantially that if the
same shall not be pais_ promptly upon maturity, then they shall be
collectible with reascr._able attori.ey's fees and cost; of collectic ,
i- il.currec_, anc'_ shall also provic_e substa�.tially that the amounts
evidenced thereby may be pais_ to the Collector of Taxes of the City
of 1`;ichit ^a11W, Tt-xas, who shall issue his receipt therefor, 1--!_1ich
receipt shall be evic.er_ce oi: such pa-,Irnont upon a ly demard for same;
ar_d the Collector of Taxes shall c.epesit tie sums so reccivca by hi..l
forthwith with the C:Lty Ireasurer to be keot- ar_c. held by him il-_
soDarate funs'_ hereby c_esignated as "UHT STREET
Special Certificate Fund No. and yJ*heir an=T paynien;.`ride �c
the Tax Collector upon such certificate, he shall open presentation
to him of the certificate by the ecntractcr or other 1_cic.er thereof
eri:orse saic'_ payment thereon; ane' the ccn-tractor or ho1.c cr of such
certificate shall be entitled to receive from the Cit. -,7 Treasur-or the
arriount pais:, upon presenting to him such cortificatc se e.,iCcrsed ane.
creLited by the hcl ,r with the amount paiC.; ar_d such er-arrsement
and credit shall be -Ghe Treasurer's warrant for making such
Payments by the Treasurer shall also be rccniptod for by the holt: re
Of such certificate in writing, ane. by the surrer_c.er thereof when the
Principal, together with accrued interest and all cost:
of ccllecticn
and reasonable attorney's foes, if ir_curroC, have been paiC_ in full.
Said certificates shall further recite substantially that
all prcbeedirgs with reference to making such improvements havo boon
regularly haa in compliaj.ce with law, ane that all prerequisites to
the fixing of the assessment lien against the pre orgy c r.
such certificates ane. the personal liability of the Ownerchabve�been
regularly C_cnc and performed, and such recitals shall be
evic.enee of the facts se recited and no further proof thereof ashall
e
be requirea in any court.
Saic' certificates may have coupons attaehoC therotc in evi-
C-0110e of each or all of the several installments thereof, or havo
coupons for each of the first five installments, leavir., the main. cep,-
tificate to serve for the sixth installmentl which coupons shall be
payable either to Plains Paving Company or its assi��ns o= to Plains
Paving Company or bearer; arc. such coupons may be sigLICC either wit.-,
the criinal or with the fac-simile signatures of the lb .-,Tor ar•c. Cit;;
Clerk.
Saic. certificates shall further recite that the City of
t+�ichita Falls shall exercise all of its lawful po.�ers ;hen reqs osteo_
to C_o se by the holler thereof to aic' in the collection; thereof, ani_
may contain recitals substantially in accorC-ance with the above a�,',
other additional r.ec tal pertinent or appropriate thereto, ar.c:. it
shall not be necessa� y that the recitals be in exact form set ;-
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 assessr.7ents or certificates issued in evidence
thereof, is in accordance with law, vested in the City.
The fact that the improvements herein menti -
are being delayed pending the taking effect of this ordinance, lu_
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 in
force and in effect immediately from and after its passage.
PASSED AND APPROVED this day of �1 (
1926.
r
ATTEST:
Mayor