Ord 742 4/19/1926P'Gr'7l 9 (1 of 4 )
ORDIY,', T T ASSE
TC S L NIF-G Ski':: ITT 0 j RT
0= -1 GCST 0'� IT.�? ICVIi'G _ FC'?TICT•' OF
HARRISON STREET IIT TH"F, CITY OF
UHIT FaLS, T�r S, FI:iITiG _. C'__i:'l`I' AND
LIEN--iGAITITST - BUTTING P'�OFZ'=cTY _IT'D T
0' E TE S TYLREOF, PROVIDITTG FOR THE COL-
LECTICIj OF SUCH _ISSN:.S;:hI.TTS AND FOR TF
TE
ISSUANCE OF _.�SI�T�:.-L.3LE C'_'i TIl IC }T S,
BE IT ORD.:
i'TI
INZD BY -� 30_�,RD 0 BIZ Tu`;iII
F TT.
OCITY OP ;�'IC 'IT_ FALLS', 1T X IS T114 -AT
V"1HERE_ S the Bo ;rig of _.plc-ermen of the
City of '•'ichita falls n� '
on the 28th T l� xas he., hero Boz orc by resole: tion pass((,
c�ay of December �, 192 5, cr( ere(- the irnprovo-
r.�et� t of Iiarrison Street _._
section with th sou h cur _ In sai(: City from its intc�--
to its intersection kith the North ---line of Seventh Street
Tenth Street _,_.propert�r, _ dine o-
---- -- rby r�.isi:g,r«c ii�� aic'_il7.iii
ar_c ins al concrete curbs "•nc- �- C g same
Sheet asphalt Willite Process) �u L ��r� `"nc' ��aving i`rith Two inch
_ on five inch plain cone—�--
ing anc- co1zstrzz �n o--suc'h1ir;1n-a� o11 ani_ coricrzct
ing Company; anc: the Errn t„ tine let to Plains Fav-
�ineer filed with the Cit-, roll or state-
ment shoeing c-escription of the various
erty, the amounts to be a� C parcel, of abutting pro-
anc? sse�eec ameach_L
showing other natters anc'. this-gs; a.nc-uzprollloof statement
was examine(; anc- aPPrave(_; anc, after Cue ;z,,c_ ,
vias held anc, ha(,; anc by resolution Proper 1_Otice, hearing
pas„oc, on the
c vr�rrulec a ,c� e said' c aJ 92_,all protests anc. obJect onWare close(, anc_ 1
of
ary ant, Prerequisite
s;HEREAS all other matters andthings necess-
hereto have been ('one an(L
Boar(. of .I.lc-ermen being of the opinion that the papportion-nent the
costs hereinbelow macre anc, set forth is in substantial pro-Dortion
the benefits to the respective parcels of abutting property of tT1e
enlhancec- value thereof by means of such improvements a�lc, to
eorc-anee with law anc, the proceec, iCity
P , P' ti 1i the
hereinbelow shoe° r_ ar. c ng of the Cit T �' In c-
c arse„sec_ against such parcelsaof that the amour_
in any case exceed the benefits to such Property (_o not
thereof by means of such improvements, a C_ ihatJTthe assessmethe nts vela(
shctvn anc. mace CO not exceec. the
able to such t proportions of costs properly a
Proper', r un(�cr the lair azlc'_ ehar_�er ire force n tisl1Cite:
THEREFORE BE IT ORDAINED BY THE BOARD Or'
ALDERMEILT OF IhE CITY OF i:; ICTTIT_� F_ LLS:
TE1i S , TII_ iT :
I.
essec' a There shall be anc is hereby gainst each parcel of property hereinbelow mentione(.aanC 6-ga
the owners thereof the sums of mcney iaelow mentionec- and
the total amount set Opposite �ainst
Pposite the c_escription of each itemize( all(,
erty; the c-escription of
such property, parcel of prep_
against same, together With the totalyamountsassosleCamo�I tstassessec'
Of the ovaners of such property so far as known, beim as f
the l.arl�e s
� ollows:
Form 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, rospoctive-
ly together with interest thereon at the rate of eight per
cent per nnum, together with roasona.ble, :attorney's fees and costs
collection, if incurrcc., are hereby declared to be and made a
lie,!1 upon the respective parcels of property against which the
are asscssoc: ane. a personal liability and charge against the
roa and true ownors f such property, whether such owners be narl-
cdZercin or not, a,nd the said liens shall be ani. constitute a
first and enforceable claim against the property on vhich the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims except st^to, county
ane' municipal taxes, ane' the sums so asscsscc shall be payable as
follows, to -Tit:
In six equal annual installments clue res-
pectively on or before thirty days, one, tow, three, four and
five years after the elate of completion ane' acceptance by the City
Of said improvements, ane',. the sums assessed shall bear interost
from elate of such completion ane' acceptance ind until paid at the
rate above provic'et_, p.a,yable annually with each installment and
provic'ec_ that if default be made in the payment of any installment
of ?principal or interest when due, the whole of the assessment tapen
ZTIhicll default is mace shall, at the option of the Plains Paving
Corlp.'Iny or its assigns, be ane, become at once clue and payable,
together with reasonable attorney's fees and costs of collection,
if incurred; and provic-cc' further that the otivners of such property
shall have the right to pay any or all of the s^id installments
before m'Iturity at any time, by payment of principal a.nd interest
accrued to c,a.tc of payment.
The City of iichita,Falls shall not be in
y' �
='3- manner liable for the a dent of ay sums assessed
n
any abutting p` :��;^Inst
ng property or any owner, but the laic, Fla,ins p^wing
Company ane, its assig, s, shall look solely to such cvn.ers for
rent of the sums assessed; but the City of tjichita Falls shallny-
exercise all of Its lacTful powers to a.ic, in the onfcrcement and
collection of said liens ane, sums end personal liabilities; a.nc_ if
default shall be r�lado in the payment of any of said sums, cellect-
aon thereof shall be enforced either by sale of the property by the
tax collector and assessor of the City of ,iichita Falls, as near
as possible in the manner provided for the sale of property for
the non-paymont of ad -valorem taxes, or, at the option of Plains
Paving Company, or its assigns, the payment of laic' suras ane, said
liens ,and liabilities shall be enforcod in any court
diction.having, �iuris-
.
IV.
sures assesses. against For the
purpose of abutting
enocingtthe several
oti�r_ei's thereof , ane, the time ane. terms ofPayment, p J nn the
the enforcement thereof assignable and to 2c� in
sign.a,ble certificates shall be issued
by tele City of ':fichita 'Falls upon the ocmpletion ane, accoDt^.a ce
f 'le work which certificates shall be executes'_ by the M, j'
r in
the name of the City and Attested by the City Clerk with t
peratc seal, ansa shall be payable to Plains Paving Compahe cor-
ny, or
�' n s
�t ssig , ane_ shall declare the sain ^mounts, t
7 ' `LTi=.cat, ani: the rate cf interest C the c,^,teOfeee�nplction
rm 9 (3 of 4)
and acceptance of the improvements, shall ec;r.tair the n:� e of
she
'Ler Of pr opertvr as accurately as po: uible, shall coilt i ,
C_es-
cl iption of the property by lot ane. bloc,,, ialmbor or fr(�I`t f et then; -
o: or such Other C_c'-cripticn as may ,ct el ,ri�_.e ii esti
--' the roperty r same; a,n.C.
p shall be OW-o�_ b-- an ustate,
thea the c_eUeri,; ci
Oil_
crecf as sc o�rncC. s'Ia7.1 bc, s��l'i.cie.:it, cr, if the n rac of she c -
Le ULnknown, then tc so state the fact shall be sufficient ane_ °o er_
rcr or mistake i.,c_ cribin�-, any prcps;rty, cr i,, giving the na.ma t'
any owner, shall invalidato or in any Wise impair any certilic
ajLLy assessment levioc' by this ore ir_anco. `
SaiC' certificate shall proviC_e substantiall , that if the
same shall not be paic_ promptly upon maturity, thex: they sf! be
collectible with reascrabZe atter :e , s fees a:nc ccs
if incurreCanc'_ shall also proviC eJsubsta htially thatts cthe`lmour'cc1 '
eviCl enced thereby may be paic.. to the Collector cot' Tat ry
Of Iichit:'_ 7allU 1eG of the City
l��xas, who shall issuE his rcccint therefor, which
receipt shall be eviC.ence °f such pa7-mcnt uper a -r�c er he for same;
arc the Collector of Taxes shall c.eroosit the sums so recoivoC by �1i.i
forthwith with the City Treasurer to be kept arc_ held by hin,
scnarate funs'_ hereby C�esignatc- as " HARRISON STREET
Special Certificate r n(I No. anC_ ti:rhen anis - r; -
the Tax Collector upon such certiiic^' he"shall ��rrlen .. �a e mac -C,
-
to him of the certificate b the ccs re' he or ll upcih prescl tatzo++�.
cryo orse saic- payment thereon; a t ctcr or ether 1icicIer the ,ccf,
certificate shall be entitles tcs,receivenfromttheor °CitylTr�asur�of rctY e
amount paic , uDor-' presenting to 4im such ccrtificat° sc e -
credited by the heleLer with the amount paic• lyC-crseC. .r�._
ana creCit shall be the Treasurer's �x aro- sucih cr_C,vr�semert
Payments by the Treasurer farraaht f'or makir succi pa3ri_1ei_t.
Of such certificate in rritin,3, ar"° be r;c�iptec for bar the holoperry
by the SL rrer_c_er t� crecf wzen tl�c
Principal, togothor 4rith accrued interest anC,- all costs of collectic"l
ar L reasonable attorney's fees, if il:curreC-, have been paic in full.
Sai.Ct certificates shall further recite substantially that
all prc6elarly dings vrit'_ reforcr_cc to mal ir�g such ir_prcvemenc have beer
-
regularly
` in ^c lia.ice with la'^. , and treat all � • 1
of the assessment lies against prereclui .l yes tc
such certificates ane the �ainst the prcpert�� C.escrib:c..
personal liability cf the ner have boon
regularly Crone arc'. performod an(I such recital h�
eviC_once of the facts se recites_ and the further all th rocf-� facie
be requires. in ally court. proof thereof shall
SaiC_ certificates may have coupons attaches' thereto in evi-
s'_ence of each or all Of the several ins ei's
coupons for each of the first rive installments, thereof, e i,2a(- have
cer-
tificate tc serve for the C',r leavir_ the r. in .itith in,tallmeiztl tr ich coup, small be
Payable either to Plains Paving Company or its tissi,ns, o' to Plains
Paving Company or bearer; anC, such coupons may e,
the ori incl or with the fac-simile signatures be
tic�T _rcr`� either Cit 1
Clerk.
Said certificates shall further recite that the City of
Nvichita Falls shall exercise all °f its laviful poth- when req�.of
teC
to CO se b'
,� the hclC-101Cthereof to aic' in the collection thereof , a _
may contain recitals substantially in
Other aC_ditional recitals pertinent or Iecr
popicc trith the above a. c
shall not be necessary that the recitals bein exactatcthoreforl, Osct� cr?�t,
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 ponding 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 Clerk
PASSED AND APPROVED this day of
,Mayor