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Ord 722 3/22/1926r*erm 9 (1 of 4 ) O�DII.11,,TCE' LEVYI G FO::L A !)ART OF T -1-1E CCST 0-7 Il.d? -OVIITG _ PO = TIOh' OF OAK STREET II? THE CITY OF r i.+ V/_ _ dk ICHIT_1 F_;.LLS,, TEXAS, F IkING _:i. CF'A'GEj _IND LIEN AGAIYST ABUTTII?G MOPE zTY _''L 'D THE O"'Y'IJERS TH 'RI;OF, FROVIDI 'G FOR THE COL- LECTION OF SUCH AT -TD FOR T! -'E ISSUANCE OF _ c SI,—'!,L BLE .CEI TI IC ATLS., MED BE IT ORD:1IIFD BY Tir.l 30_':�D O _: LD u;i I OF TIL CITY OF WICHIT_i F..ILLS, TJEXAS, TJ,:'.: W11-1ZEAS, the Bowra of __.lc, crirejz of the City of `� ichita falls, Texas, has her ot-oforc by resolution ,?asset on the 10th Cay of I gust 1925 orC erec'_ the improve- i�zent of-`�a��`£reet i�_ Citi from its intcr- section v�th k�e �icni a a e i to �cx, �rxgr y y ?racks to its intersection yith the rues property_ - Mississi pi Street - -- ;-� 7.iHe of ��p_ by r isin,r:c_ing anC:_ flll_ing same anc, irisa�li��g croi�crete�curbU ^nc.ucter^ ^nC_ Zvi Sheet Aspnalt (V I--te �rocess) o,, Five inch pla114, co Two inch ounC_ation; ani incoritr c `-or � ac mak g anc. construction o such if,'Dr ovements was let to Plains Pav- ing Company; anC. the Engineer filet with tho City roll or state- ricna; shoving c.escription of the various parcels of abuttingp- elt the amounts to be assossecL against each Pro orty ar:� showing other matters and this gs; anc: such proll lorf statemer_t was examine(. and approveC_; anc. after c-ue a2cC_ proper notice, hearing Was held and hat:; and by resolution parsec. cn the cay of `-192�_.., all protests ane. ob jectiors swore overru enc: and h� e laic, hearing closeC_, anc' `,'HEREAS all other matters ar_cCl things necess- ary anc. prerequisite hereto have been C_ono anc' performeC_; anc, the Bo arcs of A1c.ermen being of the opinion that the apportionment of the costs hereinbelotr macre anc, set forth is in substantial proportion tc the benefits to the respective parcels of abutting property in the enianceC_ value ther of by means of such improvements, ailC. is in ac- corClanee with law al-" the proceeCings of the Cit,T, anc' that the hereinbelow shorn anc' assesses. against such parcels of property u it any case exceec. the benefits to such Property in the enliancec' value thereof by means of such improvements, and that the assessments so shown anc, mace c'o not exceec: the proportions of costs properly ch .rZe- able to such property unC or the laws cine. charter in force in this City: THEREFORE BE IT ORDAINED BY THE BOIRD OF ALDEJ11M RT OF TIIE CITY OF dCT=A F .LLS7 T.EIUS , TI71AT : I. There shall be ancC_ is hereby leyiec. anc: ass- esses' against each parcel of property hereir_below mentioneL anc. against t_ oywners thereof the sums of money iaelorr mentionec, and itemizes_ tie Ictal amount set opposite the Cescription of each parcel of prop._ erty; the c.escription of such Property, the several amounts asses.e"- P P y� rr �,�,, against same, together 'with the total amount assossec., an( the navies of the owners of such property so far as known, being as followvs: 3arwise t Jalonick '&dition la LUL; LOT I H Roberts 6 Curb 64 I H Roberts 7 Curb 64 J A Kemp 8 Curb 64 Peoples Ice Company 9 Curb 64 C P h eade 10 Curb 394.45 BLOCK FRONTAGE 9 64 :tight 64 9 64 IZL ht 64 9 64 16 64 9 64 362.45 64 9 64 16 64 Wichita "Talley Ry Co :tight of 'ay 'Nichita Valley ay Jo IZL ht of ° ay Lone Star Tool Co 1 16 Curb 32.00 394.45 362.45 eoples ice Corpany 2 16 Curb 32.00 394.45 Peoples ice Co1iNany 3 16 Curb Peoples Ice Corzpany 4 16 Curb F P Timberlake 5 16 Curb 64 64 64 64 64 64 64 64 64 64 UMUNT TOI':.�L -L OUI7T X362.45 394.45 32.00 $394.45 362.45 394.45 32.00 394.45 362.45 394.45 32.00 394.45 362.45 394.45 32.00 394.45 362.45 394.45 32.00 394.45 362.45 32.00 394.45 362.45 32.00 394.45 362.45 32.00 394.45 362.45 32.00 394.45 362.45 32.00 394.45 crn 9 (2 of 4) II. The several sums above mentioned assessed .�a.inst said parcels of proporty and the owners thereof, rospcctivo- Y toCcther with interest thereon at the rate of eight (8';.*�) per .cnt per annum, to -o or with reasonable ,a.ttorne�-'s fees and costs of _101lection, if incurrcc., are hereby declared to be an(! made upon the respective parcels of property against which the .,� are a.sscssod and a personal liability and charge against the rcll and true owners of such property, whether such owners be nam- e:; �ierein or not, anC, the said liens shall be 2-,nc. cons-titutc a first anc. enforceable claim against tho property on which the ass- essment is levies., anC, shall be the first and paramount lion there- on, superior to all other liens and claims, except sta.tc, county anC_ municipal taxes, anc. the sums so assessoC: shall be payable as follows, to -grit. In six equ=al annual installments duo r,;s- pcctively on or before thirty Gays, one, tow, three, four ane;. fivo years after the date of completion aff acceptance by the City rf said improvements, ane. the sums assessed shall bear intorest fro.i ate of such completion ane' accoptance ane. until paid at the rite above provideC., payable annually with each installment, ind pr1,-v-ic' ec that if default be made in the payment of any installment of principal or interest when due, the whol.o of tho assesE.ment upon luhich default is m -C o shall, at the option c -,f the Plains l' :ring Corap any or its assigns, be ane, become at once due and p ble, together with reasonable attorney's fees anc. costs of collection, J incurrec.; and provic_ed further that the owners of such � r'operty shall have the right to pay any or all of the s^Iid inst-_llments before m_ Lturity at any time, by payment of principal anc°_ interest .iccrued to date of payment. The City of lwichita Falls shall not be L ri; manner liable for the payment of any sums assessec- against a y abutting property or any owner, but the saic, Plains Paving ;crnpany anc. its assigns shall lock solely to such ov-n.ers for p,:y- ment of the sums asscsseC.; but the City of ui.chita Falls sh:11 ^1Lcrcise all of its lawful pMcrs to a.iC. in the enforcement >nc. ;ollectien of saidliens ^.nc. sums ane. personal liabilities; ^n? if c_efault shall be made in the payment of any of saic. sums, collect- -on thereof shall be cnforceC_ either by sale of the property by the tax collector anc: assessor of the City of 'Nichita Falls, as near as possible in the manner providesC_ for the sale of property for the non-paof a'_ -valorem taxes, or, at the option of Plains 'aving Company, or its assigns, the payment of saic. sums anc. said liens ancC, liabilities shall be enforcof, in any court havi..m juris- dic _on. IV. For the purpose of evic.encing the several sums assessef against s:a.ic'_ parcels of abutting property anc. the owners thereof, anc, the time an(! terms of p �yme�lt, anc_ to .^ - in the enforcement thereof, assignable eertific tes shall be issued oy +ho City of '3 chit^ Falls upon the completion anc. acct ,t ,r1ce cf 'j -he work which certificates shall be elocu.toC_ by the 1 -',y; r in t_ze ,-am-_ of the City a,nCL ttcstoc by the City Clcr�s with the cor- c seal, 'iff shall be payable to Plains Paving Ccmpanr, or signs, anC_ shall C.eclare the saic_ ^moun-cs, ti e ani_' terns lc-lt, anc the rc to of interest ant -7 _ thec.^..tc of ser'Iplcticn zm 9 (3 of 4) nc� acceptance of the improvements, shall contair_ the name of e ,rrer of proport;r as accurately aN possible, shall contain cription of the property by lot and block number or front accos* 011 , or such ether c-e-eription as may othor,;rice iCenti `ct th;re- ,r same; anc'_ ii the property shall beor!-oL by an estate, then the C_cseri�:tic . thereof as so oi-rncc. shall be suliicicnt, or, if the name of the cT„ _cll be unknown, then to uo ~tate the fact shall be suffi.cicr�t ar.C_ --o ei rcr or mistake in c�escribing any propert r, cr in givin;� the name of any owner, shall invaliLato or in any wise impair any certificate cr an=y assessment levied by this orClirancc. Said certi-ficate shall provic_e substantiallythat if the same shall not be p i.c' promptly upon maturity, then they shall be collectible with reasonable attorney's fees anc costs of collec''_. ii incurreC,, and shall also proviee substantially that the amoun-cs evide-ced thereby may be pais. tc the Collectcr of Taxes of the City Of ,'ichit Falls, Tvxas, who shall issue his recoi-ot therefor, t:Jhieh receipt shall be evidence of such pa-,rment upon an"r Comanc' for same; and the Collectcr of Taxes shall Cepesit the sums' so recoivoC: by hir:� forthwith with the City Treasurer to be kept anC_ held by him i__ separate fungi: hereby C_esignated as " CAK STREET Special Certificate Fund No. ; and 4tlYlen err paymie`nt s?i��-rlwc-eo the Tax Collector upon such certificate, he shall upon presentation to him of the certificate by the contractor or other holc.er thereof, enc orse said payment thereon; ane, the cencractor or hoIC or of such certificate shall be entitled tc receive from the City Treasurer the amount paid, upon presenting to him such certificate so ei2"cr-so,� ancited by the holder with the amount pa,iC; arc. such erc,nrsement anu credit shall be the Treasurer's warrant for makiflZ st Payments by the Treasurer shall also be r0c6iptec,. for by thepholeer' Of such certificate in writing, ar_c: by the surrenc_er thereof When the principal, together with accrue4 interest a.nc. all costs of collection aria reasonable attorney's fees, if incurreC_, have been pair_ in full. Said certificates shall further recite substantially that all prcbeeaings with referor_ce to making such improvemen�s hav' o been regularly had in compli:a4ce with lacer, ar_d that all prerequisites to the fixing of the arse;-sment lien against the property C-eseribea ire such certificates and the personal liability of the Owner have beer_ regularly Bene and performed, and such recitals shall be Pa eviC-once of the fac'�s so recited and nc further proof thereof rim be requires. in ^ _ly court. Saic_ certificates may have coupons attaches' thereto in evi- c-encc of each or all of the several installments thereof, or may have coupons for each of the first five installments lcavin; the main cer- tificate to serve for the sixth installmentlwhich c©uporls shall be payable either to Plains Paving Company or its assigns, o= to Plains thePaving Company or bearer; anc. such coupons may be siC;nCC cit-icr with original or with the fac-simile Clerk. signatures of the Tvf Cycr : 1-1(1 Cit' Said certificates shall further recite that the City of Wichita Falls shall exercise all of its lawful r to CO so b� Powers ti�rhen regt�estec: f the holder thereof to aic. in the collection thereof, �nC_ may contain recitals substantially in accordance with the above al _ it .er aC-Citional recital; pertinent cr appropriate theratc, anc shall not be neeesaary that the recitals be in exact form set °it but the substance thereof shall suffice. :'crra 9 (4 of 4) V. Full power and levy re -assessments in any case, and to correct mistakes, errors, invalidities or ir- �:,f--ularities, either in assessments or certificates issued in Evidence thereof, is --Ln accordance with law, vested in the City. INTRODUCED AND PASSED on its first read- dng at a Regular Meeting of the Board of Aldermen on the day of , 192. Mayor ATTEST: City Clerk PASSED on its second reading at a Regular 1,eeting of the Board of Aldermen on the day of 192. ATTEST: May o r City Jerk PASSED ON ITS third and final reading at a Regular Meeting of t}e Board of Aldermen on the _ day of ATTEST: , 192. City CIerk r payor