Ord 747 4/26/1926r'crm 9 (1 of 4)
yy 'qw(B B%
0 RDII:`L CE IEVYI17G ', SSESS1 n,, IIT FO_L A FART
OF ^11E COOT OF I-, T IOVI' G F07MOr" OF
AVENUE Q
!U TH"L C ITY OF
`VICHIT-i FALLS, FI,'=G Gi-=A"LGE, iND
LIEU '�GAIYST 20UTTIT?CT FROF=�TtTY :': `D THE
0`:�iJERS TYLREOF, PROVIDII;'G FOR THE COL-
LECTIOU OF SUCH _�SSE`'S :`-EFTS _ YD FOR TITS
ISSUAll''C E OF .=_USIGiT_0LE CEli IT1 1CATES.
BIJ IT ORD:`�IITED BY TT---- 30APD OF
OF TI?I; CITY O' t'ICHIT.1 F,.'�LTS, T;�-�.S, TJ,:_.T
WHE'111EA5, the Bo_r4 of AlC_ermen Of tide
City of -iichita Falls, Texas, has horotcforc by resolution ;Nasser
or the 23rd Lay of November , 1925, or,1 erer_ the it provc-
ment of�enue Q - in saic_ City from its intcr-
Section with theGrant 5t -reu avi lii:c ate
to its intersoctioa. t,ith. the +as cur line of
Fairview Boulevard by rj.icin r), :Tr.g anC fi71_iTg same
anCLnstallro
cr�cte urbs a c_ uGtcrs taiiC. pavingw�_th Two inch
Sheet Aspht c(ti`dillite roc
aless) on Five inch plain concrete _
�i
ounC a ori; anc. con r--asciGF_ mal�-
i _lns. construction of such im-orovements was let to Plains Pav-
ing Company; anC. the Engineer fileC_ with the City roll or state-
ment shoaling s.escription of the various parcels of abutting prop-
erty, the amounts to be assesses against each parcel. of property
ane showing other matters and things; anccl such roll or statement
was examinee_ ane approver_; an(! after cue anE proper notice, hearing
was helc and haC.; and by resolution passer. on the Cay of
192 , all protests ane objections .-.,ore
overrslec anu' the s= hearing closer,., anC_
k,"HEREAS all other matters ane things necess-
ary ane prerequisite hereto have been cone ancL performer'_; ans. the
Boars_ of .111-ormen being of the opinion_ that the apporti-onment of the
costs hereinbelow m -.e ans. set forth is in substantial proportion to
the benefits to the 2espective parcels of abutting property in t'
enhancer_ value thereof by means of such improvements, a,ns. is ii_
corcance with law .anC_ the proceecings of the City, ane that the amount
hereinbelow shown ane assesses. against such parcels of pro-,perty C_o not
in any case exceer. the benefits to such property in the enhanceC_ value
thereof by means of such improvements, ane that the assessments so
shown ane,_ maC:.e C`o not exceeCl the proportions of costs properly charge-
able to such property unLcr the law ane'_ charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BO -,,LPD OF
ALDE1iEN OF "SHE CITY OF 1iICHIT_-� FALLS?
TL S , Tii_1T :
I.
There shall be anC- is hereby levies: ane: ass-
esses' against each parcel of property hereinbelow menti.oneCL ane. against
the owners thereof the sums of mcney below mentionec ana itemizes,. alnC
the total amount set opposite the cescriptior� of each parcel of prc1p-
erty; the cescription of such property, the several amountsasscssec_
against same, together with the total amount assesses., a,i-C-the names
of the owners of such property so far as known, being as follows:
-Orin 9 (2 of 4 )
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, respective -
1y together with interest thereon at the rate of eight (8'9) per
cont per annum, together with reasonable attorney's fees ane. costs
of colloction, if inc ,.rroL, are hereby declarod to be and made a
1.J_en upon the respective arcels of property against which the
p
are assesses and a perconal liability and charge against the
rc.il and true owners of such property, whether such owners be nam-
c,d lercin or not, and the said liens shall be ane. constitute, a
first and onforeeable claim .^ga.inst the property on which the ass-
essment is levies:, ane, skull be the first and paramount lien there-
on,
on, superior to all other liens aneC, claims, except state, county
anc- municipal taxes, ane' the sums so assessed shall be payable as
follows, to -Tit:
In six equal annual installments c'ue res-
poctively on or before thirty says, one, tow, three, four anc:_
five years after the elate of completion aff acceptance by the City
of said improvements, ane. the sums assessed sh^-ll bear intorost
from date of such completion ane. acceptance and until paid rt the
ra'b above provic_ec_, p,a.y.nble annually with each installmont, ane.
provic_ec_ that if default be made in the payment of any installment
of principal or intorost when due, the whole of the asses:_ment upon
which dofault is mai' o shall, at the option of the Plains 1-1ving
Company or its assigns, be and become at once due and pa�7^,blc,
together with reasonable attorney's fees ane. costs of collection,
if incurrcL; and provic_cc. further that the oviners of such property
shall have the right to pay any or all of the s, -Ad Inst llments
before m Aurity at any time, by payment of principal ane_ interest
accrued to Late of payment.
III.
The City of i-vichita Falls shall net be in
any manner liable for the payment of any sures assesses_ against
ar_y abutting property or any owner, but the saic. Plains Paving
Company <a,nc' its assigns shall lock solely to such cvn.ers for pay-
ment of the sums assessor' i� ; but the City cf ichita Falls shr.,,�_l
exorcise all of tts lawful powers to air_ in the onfcrcemer_t : nC
;ollection of said liens and sums ane_ personal liabilities; ^.nc, if
c.efault shall be mac.o in the payment of any of saic. sums, collect-
lon thereof shall be onforcec_ either by sale of the property by the
tax collector an(! .assessor of the City of Wichita Falls, as near
as possible in the manner provides. for the sale of property for
the non-paymont of ac_ -valorem t .xes, or, at the option of Plains
laving Company, or its assigns, the payment of saiO sums ane' said
liens and liabilities shall be enforced in any court having juris-
diction.
IV.
For the purpose of evic_encing the several
sums assesses_ against saicC_ parcels of abutting property ane the
owne.c s thereof, ane- the; time ane. terms of payment, ane to -.iC in
the onforccmont thereof, assignable certificates shall be issued
by the City of ': ichit^ Falls upon the completion ane: a.cce�)t^.rice
Cf .she work which certificates shall be executes by the i::.; ' r in
the name of the City and _attested by the City Clerk with the cor-
)er( tc seal, ane. shall be payable to Plains raving Company, or
�.Lt _ ssigns, ane_ shall c.ecl are the saiC. � mounts, time anc, terns
',7MIcnt, n.nk- the rate of interest ane' the date of completion
or by t'-,10 h0lC-cr
Payr,icnts by tie Treas-,-.-Lor shallalso be for
orC---r t',-.-recf when t'L-ic
f ica
of such cert i te ill jjritjyj�S, by the sur2
principal, together ,liith accruec- interest anC' all oostL� Of ccllect'o�"
L rreC., ,nave b3on PaiC- in full -
an'. reasonable attor'ney's fees, if incu
Saiccti ocrti-Licates shall further recite substartiallY th''
all prebee(lings with rof--,ror-ce to making such ir..,Iprovemonts I have bugs`
regularly has in compliance with lay ane: that all propciu-Isites to
the iixing of the aseerssment lien against the preporty C-ezcribea ire
such certificates and the personal liability Of the cv,,ncr have been
regularly Lone ane' performoa, an(L such recitals shall be prima facie
oviLonce 01 the facts so reciteL anC. no further Proof �horoof shall
be required_ in aj-
j court.
SaiC- certificates may have coupons attachoC- thereto in evi-
or all of the several installments thereof, or may havo
.,once of each -
coupons for each of the first five installments, leavirthe main cer-
tificate tc serve for the sixth installmentl which coupons shall be
payable either to Plains Paving Company or its L-.ssi,,-,,ns, or to Plains
L such coupons may be signet'- cit,,-jor vjith
Paving Company or bearer; an
original or with the fac-simile signatures of the; J�i(,'-Ycr anC- Cit -,-
Clerk.
Saki certificates shall further recite that the City Of
Wichita Falls shall exercise all Of its laviful powers wher, roqllestcE
U-1 1 � L -
to c -o so by the hclC-er thereof to aiC- in the collOcti011 2 " Orc-of , -a"�
may contain recitals substantially in accorC-anco with the above ass-
otheraC-Litional recitals pertinent or appropriato thereto, ancw it
shall not be necessary that the recitals be in exact fGrul set forth,
but the substance thereof shall suffice.
ror°m 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 in
force and in effect immediately from and after its passage.
192.
ATTEST:
City C16i5k
PASSED AND APPROVED this . day of
Mayor