Ord 728 3/22/1926N.crm 9 (1 of 4 )
LAWS Pt FNG 'C7MPAN%Y
STAT Y CildcQ 0') l�
wN-CHITArj:�:,LL's 1 ERAS
OZDIN,.'LTC�' LEVYITTG
:�.`�`=E;S.:;;iia�IT
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OF ^ITE CCS, Of
IT.?A.
OVIN'.G
_L POtTION=
OF
AVENUE 0
ITT THE CITY OF
.ICNIT_��S, FINING _i CN ,'�:." 7r __U0
ITE
LIEN .�GAIST _0UTTIUG FROr"' TY D i
NT
p',.lT�TERS TYL'1F0F, PROVIDIFG FOR THE COL-
LECTION, OF SUCH =155 `S:iF-'TU AAD FOR TN
TE
n1.7 t'�L'.�; t _ rw. _._.�IV:.11L�` '� /1 ,ti'
ISSUAYCE OF :1SSI
BE IT ORD2J1TL;D BY T', 30'JZD0r
OF TITS CITY OF VTIC�'�.IT��. FALLS) _'_ i._I.S, THAT
� �ERL_�S, the BOA rd of 31C_crlrerl of the
Falls,Texas,has hero-�oforo by resolh.tion passoC_
City of - �chita gall. , 1926 orCiere(,_ the improve -
on the 25th day of January _R,,
dent of—e�=ue 0 _ In sai�- City from its inter-
0
er line of enonah _venue
s=esti 0r with t �e easy p p j — "Tine o -y
to its intersection ' ith the was cur �.__T.
Manta 7e Avenue by r�:i�ing 9 gr�c_ing aeric:_iii ing same
arc ns al in cor�crccc curbs anC- u�ters alit paving tirith Two inch
Sheet '�s halt O illite Proceeb) on Five inch concrete
p yo—'gun atior_; anC_ con�Lrac�fcr I_1ePavk-
ing arc construction osuch ii:�nrovements was let to Pains
ing Company; and the Engineer fileC� with the Cit;;, roll or state-
ment shovaing description of the various parcels of abutting prop-
erty, the amoujlts to be assesses' against each parcel of property
ane' showing other matters ansv things; anL such roll or statement
was examined ane: approved; anL after due anC_ proper notice, hearing
was hole- and haC.; and by res9lution passoC, or, the i Lay of
1928, all protests ane: ob jee ons ,gore
overrules: anee sal -1 hearing elosec., anc-
i,THERE,�S all other matters ane: things r_ecess-
erequisite hereto have been cone and performer'_; ane, the
ary and pr
Board of ��ermen being of the opinion_ that the apportionment of the
costs hereinbelow mace ane: set forth is in substantial propor 1itheto
the benefits to the respective parcels of abutting p�.op J
enhanced value thereof by means of such improvements, ails is in ac-
corcance with law anC_ the proceedings of the City, ane_ that the amout� 6
hereinbelow shovrn and assesses.'_ against such parcels of property C_o not
in any case exceed the benefits to such property in the enhances, value;
thereof by means of such improvements, ansa_ that the assessments so
shovin ane'_ macre do not exceeC the proportions of costs properly chas�ze-
able to such property unLer the law ane'_ charter in force in this City:
THEREFORE BE IT ORD,iINED BY THE BOZ�.R.D OF
'�LDERNIEIT OF 'THE CITY OF :v ICTTIT F_�LLS:
T Li S, TTTAT :
I.
There shall be anC- is hereby levies' and ass-
esses: against each parcel of property hereinbelow mentioned and against
the owners thereof the sums of money below mentiones,_ and itemizes'_ a_lE
the total amount set opposite the Leseriptior_ of each parcel of prep-
ert-y; the description of such property, the several amounts assesses'_
against same, together with the total amount assessed, ane the names
of the owners of such property so far as known, being as follctirs:
"or_n 9 (2 of 4)
II.
The several sums above mentioned ?ssessec>'_
against said parcels of property ane. the, owners thereof, respective-
ly together with interest thereon at the rate of eight per
cent per annum, together with reasonable attorney's fees and_ costs
of collection, if incurro,, are hereby declared to be and made a
lien upon the respective parcels of property against which the
same are assessed and a personal liability incl charge against the
ro.111. and true oti'.,nors of such property, whether such ownors be nam-
es, lloroin or not, and the said liens shall be anC constitute a
first and enforceable claim ^.gainst the property on which the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens aneC, claims, except state, county
and municipal taxes, and the sums so assessed shall be payable as
follows, to -wit:
In six cqu^.1 annual installments duc res-
pectively on or before thirty Lays, one, tow, three, four and
five years after the elate of completion an,.'- accoptance by the City
of said improvements, and the sums assessed shall bear intorost
from clato of such completion :a.nd acceptance ane. until paid at the
rate above provided_; p.a.y ible annually with e! ch installmont, and
provided that if default be made in the paymont of any inst:,llment
of principal or interest when due, the who] c of' the assos-r.ient upon
which default is macro shall, at the optica c:f 1jhe Plains ving
Company or its assigns, be ane: become at once due and
together with reasonable attorney's fees and costs of collection,
if incurred; and provic_ed further that the ownors of such proporty
shall hn.vc the right `o pay any or all of the s^ ic. insta_llments
before m, turity at an,,- time, by payment of principal a.nc'_ interest
accrued to date of payment.
The City of 14ichita 17lls shall not be in
:.ny manner liable for the payment of any suds assesses against
any abutting property or any owner, but the said Pl^ins Paving
Company and its assigns shall lock solely to such owners for pay-
ment of the sums assessec.; but the City of ldichita Falls shall
exercise all of its lavrful pev✓ers to aid in the enforcement ns.
collection of said liens and sums and personal liabilities; and if
Lofault shall be m,a,dc in the payment of r ny of said sums, collect-
ion thereof shall be enforces- either by sale of the property by the
tax collector and assessor of the City of Nichita Falls, as near
s - :sible in the manner provides_ for the sale of property for
the non-payment of ad-va.lorom taxes, or, at the option of Plains
Paving Comp�iny; or its assigns, the payment of said sums and said
liens a.nd liabilities shall be enforcod in any court havin;- juris-
diction.
IV.
For the purpose of evidencing the scvcral
curls assesses. against saic. parcels of abutting property nc. the
o -ners thereof, and the time ane- terms of payment, ans_ tc 7:is_ in
tho unforcemcnt thereof, assignable certificates shall bo issued
by trio City of 7,vichit^ Falls upon the completion ane.^ccc�t^'lice
cf the work which cert, `ficates shall be executes'_ by the H,-,,i-c.r in
tho name of the City a...4 _attested by the City Clerk with the cor-
por.ato seal, and sha..11 be payable to Plains Paving Company, or
it:-, assigns, anL shall declare the said' amounts, time and terms
L Tl-.YLiont, anC the rate of interest anC the date of completion
yrm 9 (3 of 4)
t: n& acceptance of the improvements, shall contain_ the name of tlae
cTner of property as accurately as possible, shall contain a c_es-
cription of the property by lot and block number or front foot there-
oi, or such other j �cr_ipticn as may otherwice ijontify same; aM
if the property shall be ow_K by an estate, then the C escrinti
t or eCf as so oi;incL shall bo sufficient, or, if t'_r1.e name of the ' nor
be unknown, then to so state the fact shall be sufficient an& no or-
rer or mistake in describin any property, or in giving the r_amo cf
any oismer, shall invalKato or in any wise impair any certificate or
any assessment levied by this ordinance.
Said certificate shall provic_e substantially that if the
same shall not be pais_ promptly upon maturity, then they shall be
collectible with reasonable attorhey's fees and costs of collection,
if incurrK, and shall also provide substantially that the amounts
evidenced thereby may be paid to the Collector of Taxes of the City
of Wichit _ Falls, Tvxas, who shall issue his receipt therefor, which
receipt shall be evVer_ce of such pa3gncnt upon any demand for same;
and the Collector of Taxes shall deposit the sums so receive& by him
fu2thwith with the City Treasurer to be kept ane' held by him in a
separate funs' hereby designated as " AVENUE 0
Special Certificate .runt No. ; and 'Ren any paymentsliali�`e rz�c:e To
the lax Collector upon such certificate, he shall upon presentation
to him of the certificate by the contractor or other holder thereof,
endorse said payment thereon; ane, the contractor or holcor of such
certificate shall be entitled to receive from the City Treasurer the
amount pais, upon presenting to 'slim such certificate so enOorsc? an,
credited by the holder with the amount pail; ar_d such ertrrsement
and credit shall be the Treasurer's warrant for makinE; such payment.
Payments by the Treasurer shall also be roceipted for by the holder
of such certificate in writing, and by the surrender thereof when the
principal, together with accrued interest an& all costs of collection
and reasonable atto _ey' s fees, if incurrK, have been paid in full.
Said certificates shall further recite substantially that
all preteedings with reference to making such improvements have beer -
regularly had in compliance with law, and that all prerequisites to
the fixing of the assessment lien against the property Co cribed in
such certificates and the personal liability of the owner have been
regularly done and performed, and such recitals shall be prima facie
evidence of the facts se recited and no further proof thereof shall
be required in any court.
Said certificates may have coupons attached therotc in evi-
dence of each or all of the several installments thereof, or may havo
coupons for each of the first five installments, leaving the amain cer-
tificate to 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 bearer; an& such coupons may be signed either witil
the original or with the fac-simile signatures of the Tia -J %
cr and Cite•
Clerk.
Said certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful powers when requesto,'!
to to so by the holder thereof to arc'_ in the collection thereof, anc-
may contain recitals substantially in accordance with the above aM
other aMitional recitals pertinent or appropriate thereto, an& it
shall not be necessary that the recitals be in exact form set forth,
but the substance thereof shall suffice.
70 -Lm `) (4 OIL 4)
V,
FUTL powf and levy re -assessments in any case, and to
lorrect .Zistakes, e_ .,ors, iiivalidities or irregularities, either
,.}i assessments or certificates issued in evidence thereof, is
accordance with law, vested in the City.
ITuTRpDUCED AND PASSED on its first reading at a _ o gular
T U6ting of the Board of Aldermen on the day of
1926.
City erk
Mayor �—
The fact that the improvements herein mentioned are being
delayed pending the taking effect of this ordinance, and that the
condition of'sa'id portion of street endangers the public; health and
safety, constitutes and creates an urgent public necessity repuir-
ing that the rules providing that ordina,nceU 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 erler.c:ency meas-
ure, and such ,rules are accoraingly suspended and thin ordinance is
:passed as an emergency.measure',,and shall be in force .and in effect
ir.:.rciediately from and after its passage.
PISSED AND� a:PFROYED tris day of 1 26.
EST: �v ayor
Ci y Clerk