Ord 727 3/22/1926`*ikAMS PAV iNG'CtSNfPANY
STP.! rY BLD
_ ��'-WiCH11 f
Tc,rm 9 (1 of 4)
0 LDIId:I}?CE- LEVYIT,TG ASSES, ,,f7E T FO1 FART
OF THE COST OF Ii: ROVIiTG _i PO::TZOi<: OF
VEiV N IIT TH"E CITY OF
';V ICFIT_i F ELLS , T i iS , F I:;�IITG .: QT -.-A;: f'11 AND
LIEN AGAIFST ABUTTING PROF -:,T --,TY r?iTD i1?
OWNERS TnREOF, PROVIDIZG FOR T#IE COL-
LECTIOiI OF SUCH ArTD FOR Tx
ISSTT�.17C� OF _ SSIGI�T_',BLE C' :cTI.FIC 1TES� ��
�(7 71 y
B111 IT O:ZA;�IT D BY T17S BOARD OF :iLDL �, LI
OF THE CITY OF I"IC 11T_� F,ILL"', T; 1;_1S, TN.:iT
WHEREAS, the Board of AlC_ormen .pf the
City of-iichi,ta Falls, Texas, has horeioforo by resolution passes
on the 25th c_ay of January 1926 , orcercc the improve-
ment of afenue 1J '- in saiC_ City from its i.ntcr-
section 4dlt —t�le Eas prop er "`" lime of '+enonah Avena.e
to its intersection Lith the Easteuro —
Garield line of
by r� is> ng, `.r zl aZlC_ iil
ai:c� n S , ,�„ �. rlg same
_�aalin� concrete curbs ?nc �rs �,lc paving c,ith two inch
Sheet - sohal;utv
t �'illite Process) Oi' Five inch concrete
ing anc_ construe to i o such- irlprover�e�;tan``jo,con races p`r':mac ca1�=
Pav-
ing Company; ane' th Engineer fileC. with the City roll ora1state-
rient showingc.escription of the various parcels of abutting
erty, the amounts to be assessed against each parcel of property
ane shouting other matters and things; and such roll or tatemer_t
was examined and approveC_;,and after c:ue anC_ proper n,`ice, hearing
was belC. and has:; and by re elution passed on the —c_ay of
19 2 all protests ,-,r
overrules: and h� e—'hearing clopec., anC. C ar_c_ ob jectians oa°e
i,THEREAS all other matters and things necess-
ary and prerequisite hereto have been cone ana performer'_; ane, the
Boars. of Alc.ermen being of the opinion_that the apportionment of the
costs. hereinbeloc.i macre ane, set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in the
enhances value thereof by moans of such improvements, ane_ is in ac-
corcance with law anC. the proceecings of the City, ane, that the amount
hereinbelow shot•n ane' assesses against such parcels of pro -,pert, -y C_o not
in any case exceee: the benefits to such property in the enhances. value
thereof by means of such improvements, ar_L that the asPossments so
shown ane. mace Co not exceed the proportions of costs properly char, c-
able to such property unser the law and charter in force in this City:
THEREFORE BE IT ORDAINED BY THE B0,1.RD OF
ALDE-11MUT OF THE CITY OF W!CHIT F_;,I,LS:
TZI XAS ,
I.
esses: against eac.'1 Y
There shall be anC- is hereby levies. ane: ass -
,reel of property hereinbelowmentionec: ane. Inst
the owners thereof the sums oz money Velow mentionec, and iter7iL
the total amount set opposite the Cescription of each parcel of pj,op_
erty; the eiescription of such property, the several amounts assesses:
against same, together with the total amount assesses., ane the navies
of the owners of such property so far as known, being as follot,ts:
(2 of 4 )
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, rospoctivo-
ly together with interest thereon at the rate of eight (8;�.?) per
cent per annual, together with reasonable attorney's fees aid costs
of collection, if incurred, are hereby declared to be and made a
lien upon the respective parcels of property against which the
:filo are assessed and a personal liability and charge against the
re,a and true ownors of such property, whether such owners be nam -
c4 herein or not, a,nc_ the said liens shall be ane con;,titutc a
first ane' enforcea?)1 claim against the property on which the ass-
essment is levies'., acs. shall 'be the first and paramount lion the-,
on, superior to all other liens and claims, except state, county
and municipal taxes, and the sums so assessed shall be payable as
follows, to -wit:
In six cq.0-11 annual installalents duo res-•
pectively on or before thirty Lays, one, tow, three, four anL
five years after the Late of completion ane' acceptance by the City
Of said improvements, and the sums assessed shall bear interest
from date of such completion :a.nc' acceptance and until paid at the
rate above providoC, payable-=aually with each installmont, and
provic eL that if default be made in the payment of any installment
of principal or interest when due, the whole of the assessment upon
which Lofault is ml --C o shall, at the option of the Plains sewing
Cornnn.n,,r or its assigns, be and become at once due and p^y.,,.blc,
togc,ner with reasonable attorney's fees and costs of collection,
ii incurred; and provi�_cd further that the oviners of such property
shall have the right to pay any or all of the saiL installments
before m.iturity .at any time, by payment of principal find interest
accrued to date of payment.
The City of i,uichita %'ills shall net be in
'=n, -,,r manner liable for the payment of any sums assessed :g Inst
any abutting property or any owner, but the said. Fl- ins Paving
Cr=,'Da.ny ane_ its assigns shall look solely to such owners forn -
ment of the sums assesses'; but the City of Fichita Falls sh�lp y
exercise all of its 1 ful peviors to aid in the enfcrcomont rnd
collection of said liens ane' sums and personal liabilities; and ii'
C-efault shall be made in the payment of any of saic sums, collect-
ion thereof shall be onforcec. either by sale of the property by the
tax collector and .assessor of the City of Wichita rills, as near
as possible in the manner providcc_ for the sale of property for
the non-paymont of aL-valorem t.xes, or, at the option of Plains
Paving Company, or its assigns, the payment of sail' swiss ane' said
liens .and liabilities shall be enforced in any court having Ouris-
diction.
IV.
For the purpose of evic'encing the several
sums assessed against said: parcols of abutting property ane' the
of 1rio-,'s thereof, and the time and terms of payment, anC_ tc aid' in
the �-;nforccmont thereof, assignable certificates shall be issued
by the City of 'Wichita Falls upon the completion and acceptance
of t -he work which certifjce Ltes shall be executes_ by the ivayor in
the name of the City a.nC, -attested by the City Clerk vaith the cor-
Por� to seal, ane: sha11 be payable to Plains Paving Cemp:an, or
it, assigns, and shall declare the said amounts, tine and terals
f Tlsyr ent, ^,nCthe rate of interest and the Late of comploticn
_, rm 9 (3 of 4)
acceptance of the improvements, shall contail- the n: me of the
c-.:ner of propert•- as accurately as possible, shall contain a c_es-
cription of the �rcperty by lot an(2. block hllmber or frclA foot thc; 'e -
o -f , or such ethos° Cc,-cripticn as may can1G; ani
if the property shall be ow,orL b -r an csta.to, then the
�'_cscri�;ticr�
thereof as so atfncc s'�ai_1 bo sufficient, or, if the namo of the u:.rr
be u.rknown, then to so ctato the fact shall be sufficic, -t arc_ o or
rcr or mistake ill c' escribiag any propos t r, or in eivir.,,; the name cf
ary owner, shall invaliC.ate or in any bvli_se iCllDair an; certificate cr
at -y assessment levj. �( by this orc<inancc.
Saic certificate shall proviC_e substantially that it
same shall not be pais_ prom-ptly upon maturity, then they shall be
collectible with reascr_ablc attori-ey' s fees anc, cost of collectiol-.,
if incurreC_, anC shall also rrovic, e substa:=ti albs that the yr_hounts
eviC_erced thereby may be pair: to tl�e Collector of Taxes of the Cit -,,r
of ;'lichit_ ^alls, T,.xas, who shall issue his receipt therofoz , r:hicl7
receipt shall be eviLonce ci sued payment upon ahs ` C eI:18.1i r SarIlC;
ar_c, the Collector of Taxes shall Lo7oosit the sums so reccivo.L by him
forthwith with the City Treasurer to be kept arc' held by hist: i_
soparate Pune'_ hereby c_esignatec as 11AVEIM N
Special Certificate Fund No. ane-
the
ne the Tax Collector upon such certificate, he shall upon preontation
to him of the certificate by the cclitractcr or other llclCer thereof,
er_c:orse sa.iC- payment thereon; ar.C_ the cencractcr or he1C.Or of such
c,:-,tificate shall be entitleC, to receive from the City Troasuror tho
amount paid, upon presenting to r.im such certificate so, enr'_crseC, a.zlc_
creLiteL by the holCLer with the amount paid; anC. such enCLursement
an,; credit shall be the Treasurer's warrant for slaking such payiment.
Payments by the Treasurer shall also be roc�iptec- for by the holC_er
of such certificate in :-writing, ane by the sv.rrenc, er tlj.crecf when the
principal, together aith acerueC. interest an,", all eostc of collection
anti reasonable attorney's fees, if ineurroC_, have been pais in full.
Sail. certificates shall further recite subctahltiall-,r that
all proteeLin s with reforonco to maki�_�g such improvements havo been
re;;ularly has in compli.nwe with lata, ane:: that all prc}}eq•u_iUitcs to
the fixing of the assessment lien against the preport - C_c ;cribcc, in
such certificates MCL the personal liability c t�.c owner have beer.
re,-;ularly C_cne ar_, y ,:.rfcrrlcc., anCL such recitals shall be prima f
evil' once of the facts so reeiteC anL no further proof thereof sh-L'.
bo requirec' in 1-ny court,
Saic'_ certificates mair have coupons attacher_ therctc in evi-
C_ence of each or all of the several installments thereof, cr m,h�- have
coupons for each of the first rive installments, leavir� the r.air. cer-
tificate tc serve for the sixth insta,llmentl w'_lich coupons shall be
payable either to Plains Paving Company or its assigns, c_, to Plains
Paving Company or bearer; ar.C. such coupons may be signc:_ eithor with
the original or with the fac-simile signatures of the J�'�'-rcr �:nc Cit;%
Clerk.
Sa,iC_ certificates shall further recite that the; City of
Nvichita Falls shall exercise all of its lawful po,.,roru vvher req-c.estor.
tc c'.e se by the holC-er thereof to aic in the collection, a;�C_
may contain recitals substantially in acccrC_anec with th'tllerccf e above a,
other aC-Citional recitals pertinent or :appropriate thereto, anC_ it
shall not be necessary ,that the recitals be in exact form set fcrt�l
but the substance thereof shall suffice.. '
lm ,� (4 0� 4)
V.
FUZZ �o� ana levy re -assessments in any cage, and to
, ei.l:��'
cc>rrect mistakes, e..:°ors, invalidities or irregularities
- assessments or certificates issued in evidence thereof, is
accordance with law, vested in the City.
INTRODUCED AND PASSED on its first rea reading at a=tc�;u.lar
T E tin; of the Board or: ,aldermen on the dy
1cj26.
7TEST
The fact that the improvements herein mentioned are being
hat te
delayed pending the taking effect of thispublic
and realthYjand.
condition of said portion of street end -angers the public requir-
safety, constitutes and creates an urgent public neceU.51ty
ing 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 emer;`;ency rzeas-
uY'1, and such rules are accoraingly sus-cended and this ordinance is
passed as an emergency measure, and shall be in force and in effect
jr,.rl ediately from and after its passage.
P �.SSED IITD APPROVED this day of
126.
Tnrrm, wayor
L�1,
y 'vlerk