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Ord 726 3/22/1926I' rm 9 (1 of 4 ) J PLA 11vVPA'VtN'GG'ANY :S AJ_E'i RED WIC ;TAE'L, TEXAS O DII• .'iITC j LE�IVYII'G _:a.SSE5SIZENT F 0r 1 ! AaT OF THE COST Of I1.L iOVIYIG _i PC' TION OF AVENUE 0 IIT THE C TTY OF vICHITA FALLS, TE�LiS, F II�ING A C -17A.- E .IND LIEN ._iGAIYST 0T_T TiT G OWNERS ThEREOF, PROVIDI .G FOR TTTE COL- IECTION OF SUCH AI7D FOR TI'J ISSUANCE OF .`�`:SI TIT_:?BLE C'_,l:TI ICATES.;�7'v:1 DECL.�R itvg /y�,y F / ort Ap-t;/are BE IT OI'.D_�I'VED BY TTBO�D OF .�LDLIILIN OF TIM CITY OF 1 ICHIT_i F.:ELLS', TL AS, THAI VIE'LEREAS, the 3oard of .:jlC_orjj e.r, of t1ic City of Jlichita Falls, Texas, has her•ctoforc by resolution ;pass d or, the 25th day of _Januaryl�_19 6 , or�_creC the improvo- mez�t of LLlvenue 0 in s_—i7 City from its inter - c ectior. with the as property- - line of Sherman Road to its intersection ti ith the Viespper--prop ," enonah _1ve nue b Y r,.i�iC � i �nE, ra - ng anc. llMing same anc. instal ing concrete curb: ^nC_ �ubtrs zzc: paving; V,�th one and one-half inch Sheet .zsphalt ('illit� @�1 .'rocess on five inch concre e ou`n�:aoion,; anc,_ con rat for =e -"-T - mak- ii, ancconstruction o such ii orovements was let to Plains Pav- ing Company; anC. the Ergineer filed with the City roll or state- ment shoaling description of the various parcels of abutting prop- erty, the amounts to be assesses' against each parcel of property arc: showing other matters and thirds; anC_ such roll or statement was examined and approved; and after cue a_ac:'_ proper notice; hearin was held ani, has:; and by resolution passer on the � c_ay of g .' f,r 192, all protests anc. ob jecions ��,ore cverrulec. anc. e said hearing closet., am `,HERE,�S all other matters and things necess- ary and prerequisite hereto have been cone and perforr_z.ec_; anc, the Boars of _:aldermen being of the opinion that the apportionment of the costs hereinbelow m ,.e and set forth is in substar.:tial proportion to the benefits to the respective parcels of abutting property in t.. enhanced value thereof by means of such improvements, anc: is ir_ corC_ance with law anC, the proceedings of the City, anc' that the amount hereinbelow shots_ anc' assesses'_ against such parcels of prol)ert-y do not in any case exceed the benefits to such property in the enhancer value thereof by means of such improvements, ar.C_ that -the aspcssments so shown and mace do not exceec. the proportio-s of costs properly char,3e- able to such property under the lave anC_ charter in force in this City: THEREFORE BE IT ORDAINED BY THE BOARD OF ALDE-RYX. eT OF --'-'HE CITY OF +4ICISITA FAILS: TEj-U.'S o T11AT : M There shall be anC- is hereby levied ancl as- essc4 against each parcel of property hereinbelow mentioned anC- against the owners thereof the sums of money irelow mentionec. and itemizes. algid the total amount set opposite the description of each parcel of irop- erty; the description of such property, the several amounts asscssec. against same, together with the total amount assesses., ai-' the ranges of 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 per oent per annum, together with reasonable attorney's fees an('. costs collection, if incurres,, are hereby declared to be a.nd made a �yOn upon the respective parcels of ,. property against which the same are assessed an, a personal liability and chargo against the rc,�l and true ot.rnors of such property, whether such owners be na; eco �10rcin or not, and the said liens shall be ans. constitute a first ane' enforceable. claim ^.gainst the property on which the ass- essment is levies', ana shall be the first and paramount lion there- on, superior to all ether liens ancC, claims, except state, county ails municipal taxes, and tho sums so assessed shall bep'"i ble as follows, to -wit: ya In six equal annual installments due res - pee Lively on or before thirty days, one, tow, .three, four ancCl five years after the date of completion anc acceptance by the City Of said improvements, and the sums assessed shall bear interest from da.to of such completion and acceptance anc. until pais. ^t the rate above provic.ec�, p.a,yible annually with e, ch installment, and Peo-� is_es_ that if default be mace in the payment of any installment Of : finci pal cr interest when due, the whole of the asses.�ment upon which C ofault is m^�:e shall, at the option of the Plains 11,^,vi.ng COmpa.ny or its assigns, be and become at once due and pay.',.ble, together with reasonable attorney's fees and costs Of collection ii incurred; anal proviC_cc. further that the owners of such prol�Orty shall have the right to pay any or all of the s^ic. installments before Mturity at any time, by payment of principal and interest accrues to ca,tc of payment. The City of Wichita Falls shall net be in '1,nT manner liable for the payment of any sures assessed :against any !.butting property -r any owner, but the s^vie. Flains Paving Company ane_ its assigns shall lock solely to such diners for pay_. Ment of the sums a,ssossec.; but the City of Wichita Falls shall exercise all of its la"Iful powers to aid in the enforcement :enc. ccllection of said liens and sums anC_ person^1 liabilities; if c.efault shall be maC o in the p:a,ymon.t of any of saic. sures, collect- ion thereof shall be onforccc. either by sale Of the property by the tax collector ana .assessor of the City Of 'Nichita Falls, as near as possible in the manner provided for the sale of property for the non-pa,ymont of ad -valorem taxes, or,' the option of Plains aving Company, or its assigns, the payment of said sures aneC_ said liens and liabilities shall be enforced in any court having juris- dictian. Iv. For the purpose of evidencing the several sures assesses. against saic'_ p-irecls of abutting property anc. the owners thereof, anc. the time anc. terms of payment, anc_ to ^ id in the enforcement thereof, assignable certific-ctes sh 11 be issueso, by the City of ';dichita. Falls upon the completion anc. acce,0t^nce cf she work which certificates shall be executcc by the i;i:'.y^r in the name of the City anc, Attested by the City Clerk with the cor- or�'tO seal, ans_ sh:111. be payable tc Plains Paving Company, or � Vssigns, ins_ shall s.eclare the said ameuncs, time ans terms ;,r_ crit, ins: the rate of interest ansa the cite of com-Plction ;arm 9 (3 of 4) w11d acceptatice of the improvements, c:;rer of Procrt;� shall colltaii^ the n::ame of t_1e p' P s accurately �� possible, shall ccntain cri tion of the a C_es_ p I, C -0c �y by let a11c, block zLrnber or -LPOTI t fact thcre- of, or such cthc�a de-c.ril,ticn as may etl er,ri--e iC_enti file Property shall be o.,:,, r T same; a i" �r�crec as so o���rncd `-�' b=� an, c;state;, then the C_cscri��ti^;� } `'� all bG U-aff'iciont, or, if the nanjo Of file C':' �Yiown, then t0 O �t3 Ge file r "Cr or mistake ill ('es n r facthall be suffieici,t arc_ c1 c 7�i .ato . any pl^01G�;1'tur, or in E;iviII the ia_i any vrrie�^� shall 121ValiC.atC Cr In u11�i ti'71so impair any cOrti 1G� t Cr ai y assessment levioc_ by this ore irancc. Saic'_ certificate shall proviC_e substantially that if the same shall net be pais_ promptly upon_ ma,tu, it, collectible with rea,scnablc atterssey's f,cer e^r1iC`tlCosts en they shall be ii incurreC_, ane'_ shall also rcvic'_e si_b�'ta _ti all; st ,, Of collectiol-, eviC.er.ced thereby y that � ti -.e ?� mou- �s ,, m�� �e paiC:. tc. the C 7_lcc tc Tax(,,--,' of fchit,_ _ al r of lax(,+..+ c the City ��, T �xati, iJ12G Silall 1 hitt r cccoi-ot tii0r�^f CY , 1-:�171G11 z eccipt shall be evidence of such payr,,c;rlt upor a� ,r C.Gr_Ia,nC for same; =a�'c the Collector of Taxes shallc epc it the sums so zeccivcC, by hii-.-, forthwith with the , ity treasurer to be kept ar" 1-, sG-narate funs hey cb designatoC as fP AVENUE pe1C by ,lin. i _ Special Certfficate'FunC Nc. ,�� ;-,�_--------___ the Tax any Collector upon such certilic^,te, he shall Upon to hint of the certificate b the lic'-ttractor^ l pre- cl tatzcn er�c orse said payn2er�t the ^eon.; arlc_ the con i;ra oto other jhc lies y ofhoi such , certi%icate shall be el titicCL tc receive from the City Tro asuror the amount paiC-, uaor, presentingto iim r crec.ited by such certificate sc ei,C_crscd arI the holder with the amount paid-; ar_c such er T^� al,.k credit shall be the Treasui^c T t• -Cu cement Payments r Tarrant for C_ such pa,` ment. �.�rments by the Treasurer shall also be roc�ipted :for by tllcr_olc-er Of such certificate in .- ritin, , an,'" by the surrer_c, er thereof wizen the Principal, together with accrued interest anC. all ana reasonable attorr_ey , s ices, if i�,curreC_, have hosts Of collection pais- in full. SaiG- certificates shall further recite substar-tiallthat all. prc6eedir�� .�,s with reforcr_co to making such ir_lprovements ha' bee _ regularly had in ccrnpli.azce with lair the nixing cf the asses sment tier_ and that all prerequssites to such certificates and the against the property C-escribed jr. perser_al liability of the caner have beer: refularly C_cr_c ar_:c. perforraeCv, ani such recitals evic' once of the facts so shall be prirl-z facie recitec. ar1d nc further proof -a crecf shall be require,,! in ,^.,1Jr court, SaiC certificates may have coupons 0 encs cf each or all of the several ir_ ttacncc_ twrote in evi- COupOns for each of the first five installlcnt a therceI , cr Maly tiyicate to " fav`' serve for the sixth ir_sta,llmen which coty p. the main ccr- payable either to Plains Paving Corr tits}1ich coL-kc., s shall be Com an Orb g par_y or 1 �., -Ssi, r Or t0 Plains Raving p y ser; ar_c, such coupons ma- be Ui�,r�c,' 0 tlzer riitl U Orl lnal Ox' 4�Iltl. the 'ac -simile signatures GI Clic 1'JL yCr ;7 1- Clerk. Said certificates shall farther recite that the C yvichita Falls shall exercise all of its lavIf'ul o:rers �;'r11� Ij of to CO so bar the holder thereo to aid in the callecticl� tl:ercof may contain recitals substa11tiallsr p her_ regl,estec: other adc.itional recitals pertinent �n Lacccrdanec frith thew c b ve ai=r shall not be necessary that the recitals pbeoiinlexect thereto, fo m Sotw���,�^lt but the substance thereof shall suffice. th, 0 (4 of 4 ) V. FULL power ani levy re -assessments in any ca.;e, and to c()rrect rmistakes, errors, invalidities or irregularities, either assessments or certificates issued in evidence thereof`, is in accordance with law, vested in the City. I uT_ROD'I-� . AND PASSED on its .first reading at a Regula: T: E,eting of the Board of aldermen on the day of 1926. l��ayor �— a TEST: City C erk 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 neceUs-i ty requir- ing that the rules providin,7, 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-enev rleas- ure, and such rules are accordingly suspended and this ordinance is Passed as an emergency measure, and shall be in force and in effect irrrriediately from -arid after its passage. ATTEST: PASSED AND APPROVED this Ci y Clerk day of Iayor -- _ 1"26.