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Ord 721 3/22/1926rr:rm 9 (1 of 4) ORDIY,11`CE L:-VYIT'G _ISSESSETE T _70 -IL A PART OF '7'TE COOT OF I1.�PAOVI7G -1 FC7LTIOI OF INDIKKA AVENUE ITT THE C TTY OF V�ICHITA FALLS, T'�D:AS, F I:�ING LIEN ..iGAIEST ''0UTTIYG FROF ] zTY `.1._'D TIM 0': "INTERS TPLREOF, FROVIDI1•TG FOR T# --_E COL- LECTIOTd OF SUCH �S _IT -D FOR TIrE ISSUAT�CE OF _'.USIGTI _'QLE Ci' .TIFIC.=S, BE IT ORD-1DEID BY T?iv BO_i'.D O1 LDIIuiLI OF THE, CITY OI' t'IC IIT_. F -ILLS, T LAS, THAT 0rHIE EAS, the Boar4 of Aldormen pf the City of 'J:Fi.chita Falls, Texas, has horotcfore b1 resolution ?.ass --'- On the 10th clay of august , 192 5, orC_erec,_ the improve- ment of aiana Avenue �"-- in saic. City from its intcr- section with the or I)roper7ty - line of T ,irteenth street to its intersection crith the North property line o 'W'icliitL Valles Ry Company tracks by raising, gr in ane' it 7—ng same anC, nstallins �Q ,r rote orbs r lc_ Zuctors unc: paving, drTth Two inch Sheet Asphal v�i�c1 ite roses. on five inch rolain concrete ouiaC cion; ane. con�trac z r �e mals�� ing PTrC. construe ion of such improvements was let to Plains Pav- ing Company; anC. the Engineer fileC. with the City roll or state- ment showing description of the various parcels of abutting prop- erty, the amounts to be assessed against each parcel of property an"' showing other matters and things; and such roll or statement was examined ane. approves' ; and after due a nc_ proper i_otice , hearing was helC and has'.; ana by resolution passcC, cn the —C -ay of , 192 , all protests ar_c: ob jecti6ns ware overrules: ane h�aid hearing closed, and t,HEP.E,.S all other matters and things necess- ary and prerequisite hereto have been cone ani. performoC'_; ane the Boars. of Aldermen b _.ng of the opinion that the apportionment of the costs hereinbelovi male and set forth is in substantial proportir- ID the benefits to the respective parcels of abuttin6 property in t - ,o enhanced value thereof by moans of such improvements, anC. is in ac- cordance with law anC. the proceeC.ings of the City, and that the amount hereinbelow shoy'n and_ assessed against such parcels of property C_o not in any case exceed the benefits to such property in the onl­lanced value thereof by means of such improvements, anE that the assessments so shown and made Co not exceeC the proportions of costs properly chl-rge- able to such property under the law ani'_ charter in force in this City: THEREFORE BE IT ORDAINED BY THE BO 'LRD OF ALDE,1'.0 %T OF THE CITY OF 4 ICTJITA FILLS: T:�aS , Tli_'LT : I. There shall be anC- is hereby levies. and ass- e�ssea against each parcel of property hereinbelow mentionec: and against the owners thereof the sums of mcr_ey Volocr mentiones. and itemizes'_ ai1C:_ the total amount set opposite the description of each parcel of prop- erty; the C.eseription of such property, the several amounts asses:;-,;' against same, together with tile total amount assessed, ane m the naes of the owners of such property so far as known, being as follows: Form 9 (2 of 4) II. The several sums above mentioned assesse�dective- against said parcels of property and the owners thereof, �,, 1D -together with interest thereon a reasonable attorneyt the rate 6f esu�hees8and pcosts cent per annum, together with and of collection, if incurred, are hereof propertyb'dragainstewhich mthe d lien upon the respective pa same are assessed and a personal liability and charge against the real and true owners of such property, whether such owners be nam- e heT€lel 0 nod, ana tie said � eriS �n ll prober�y on hich thete aass - first and enforceable claim against the proper paramount lien there- essment is levied, and shall be the first and pept state, county on., superior to all other liens and claims, as and municipal taxes, and the sums so assessed shall be payable follows, to -wit: In six equal annual installments due resp('('-- clays, one, two, three, four and five tively on or before thirty Y acceptance the City of years after the dateof themsumslon assessed-shallbearyinterest from said improvements, aid at the rate date -of such completion and acceptanceeeach installment, and provided above provided, payable annually a ith of any installment of prin- that if default be made in the payment cipal or interest when due, the whole o°i,ftheePlainsassessment Pavingupon Company default is made shall, at the option able, together or its assigns, be and become at once due and payas of ble, if incur - reasonable attorney's fees and cost, suchpro property shall red; and provided fur�rthattheowner have the right to pay any or all of the said installments before maturity at any time, by payment of principal and interest accrued to date of payment. III. The City of Vlichita Falls shall not be in any of any sums assessed against any abut - manner liable for the payment the said Plains Paving Company and ting property or but wners for any owner, payment of the sums its assigns shall look solely to such oof its assessed; but the City of Wichita F llsan ashllcollectioneoflsaid liens lawful powers to aid in the enforcement and sums and personal liabilities, anectionif ethereof hshallebeaenforceL the payment of any of said sums, Boll either b le of the property by the tax collector and assessor of Y sa-' as near as possible in the manner provided �, the City of �Jichiti Falls, a ent of ad -valorem taxes, for the sale of pz' )erty for the non -p or its assigns, tl,e p�:y ,,1_+ at the option of Plains Paving Company, of said sums and said liens and liabilities shall be enforced lzl any court having jurisdiction. IV. For the purpose of evidencing the several sums ass - sed a ainst said parcels of abutting property and the oviners thereof, ec� g and the time and terms O1 pcateste , and to aid in shall be issued bythefCity of�Wichita thereof, assignable certili Falls upon the completion and acceptnnamefofhtheoCity and attesteda es shall be executed by the �;1ayor in the by the City Clerk with the corporate seal, and shall be payable to Gom an or its assigns, and shall declare the said Plains Paving p Y' ent, and the rate of interest and the T0unts, time and terms of pa Ym "ate of completion 7orm 9 (3 of 4) -nc, acceptance of the imprevomer_ts, shall contai_- the n<-r.Ze of the—, yr of property as accurately as possible, shall contain a C_es- ci,iption of the property by lot ans' block ntioanber or front cc t o or such other C_escripti.cn as may ct.errdi e ic- ontily same; any-. if the property shall be carr oC: by an estate, then the C.escri};'sic, t tcrecf as so o rncc_ s', -a.11 be su ficicnt, cr, if the nape of the be unknown, then to so state the fact shall be suffi.ciont anC_ .c cr•- rcr or mistake ill (Iescribi .0 any property, or in giving the namc of any owner, shall invaliC.ato or in any wise in,, -pair any cortificate cr ar.y assessment levies' by this orc.irancc:. Said certificate shall provic_e substantially that if the same shall not be paiC_ promptly upon maturity, then they shall be collectible with reasenablc attorney's fees on(! costs of collection_, if incurreC_, and sY 1.1 also provic'_e s-u!bstantiali- that the amounts eviC.enced thereby m,y be paiCI tc the Collector of Taxes of the :" of sy`Iichitc +'alts, Tuxas, who shall issue his receipt therefor, receipt shall be evidence of such payment upon an (erlanC. for same; and the Collector of Taxes shall C.epesit the sums so reccivcC, by hira forthwith with the C:1.ty Treasurer to be kept anC_ held by hirr. soDarate funs'. hereby Cesignatoc. as " II�DI0A AVT: i= _ Special Certificate Fund No. ; an(. v,�rhen any payr end �ia�b� r1 C:e-ao the Tax Collector upon such certificate, ho shall upon preer_taticn to him of the certificate by the contractor or other holder thereof, encorse saiL payment thereon; at.s'_ the contractor or holC.cr of such certificate shall be entitled to receive from the City Treasuror the amount paid, upon presenting to him such certificate so enC_crsoc, anC- creditec! by the holder with the amount paid; ar_C- such enc'rrsement and creCLit shall be the Treasurer's warrant for making such payment. Payments by the Treasurer shall also be roc6ipteL for by the holC_er of such certificate in writing, anCI by the surrenLer thereof when the principal, together aith accrue(. interest anC. all costs of collection ane. reasonable attorney's fees, if incurrcL, have been pais. in full. Said certificates shall further recite substa.ntially that all prcteeC irgs with referor_ce to making such irzprevements have boon_ regularly had in complia4ce with law, and that all prerequisites to the fixing of the assessment lien against the prepert7c_e ]cribed in such certificates ane- the personal liability of the ct-,ner have boor_ regularly c_cnc ane. performed, ana such recitals shall be prima, facie eviC_ence of the facts sc recites_ ana no further proof �horccf shall be requires' in any court. Saic' cert.ficates may have coupons attachoC_ theroto in evi- c'._ence of each or all of the several installments thereof, or coupons for each of the first five installments, leavin the main. cel- tifica,te to serve for the sixth ir_stallmentl which coupons shall be payable either to Plains Paving Company or its assiC;r_s, o, to Plains Paving Company or bearer; anC. such coupons may be siEncc' citllor with the original or with the fac-simile signatures of the K.,;, ; cr ankI Cit-,,- Clerk. it;rClerk. Said certificates shall further recite that the City of Viichita Falls shall exercise all of its lawful powers when regzl.esteC. to co so by the hclC.er thereof to ais- in the collection thereof, a.nC_ may contain recitals substantially in accorc'anec with the above a-�-C_ other aUli.tional recitals pertinent or appropriate thereto, anC_ it shall not be necessary that the recitals be in exact form set _ortl, but the substance thereof shall suffice. crn 9 (4 of 4) V. Full power and levy re -assessments in ani= case, and to correct mistakes, errors, invalidities or ir- e,ularities, either in assessments or certificates issued in evidence thereof, is in accordance with law, vested in the City. INTRODUCED AND PASSED on its first read- d.ng at a Regular Meeting of the Board of Aldermen on the fay of , 192_. AT T. _, S T : City CIerk Mayor PASSED on its second reading at a l:egular Meeting of the Board of Aldermen on the _day of 192 ATTEST: CityClerk Mayor PASSED ON ITS third and final reading at a Regular Meeting of the Board of Aldermen on the day of ATTEST: , 192. City Clerk Mayor Original Town NAME LOT BLOCK FRONTAGEATS- TOTAL -MOUNT Lee Monre & A Richolt 5 212 46.0 556.85 4'579.85 46.0 23.00 Ourb Lee Idoore J �j Richolt 6 212 70.0 847.37 Jurb 70.0 35.00 882.37 Wichita Valley `'.y Co Right o ':`Fay 234.0 234.00 2832.65 117.00 2949.65 Curb -d Nita Valley 'y Co Ri illt Of `''ay 94.0 94.0 1137.90 47.00 1184.90 Curb iehita Valley Resurvey of B15ck 213 OT Lee 111oore : J A Richolt 21 Leeioore & J A Richolt 20 6.0 fti 72.63 Curb 6.0 3.00 75.63 Lee I,Ioore e J A Richclt 19 50.0 605.27 Curb 50.0 25.00 630.27 Lee ::core &- J -i Richolt 18 50.0 605.27 Curb 50.0 25.00 630.27 Lee ILoore J J A Richolt 17 50.0 605.27 Curb 50.0 25.00 630.27 Lee I oore J A Richolt 16 50.0 605.27 Ourb 50.0 25.00 630.27 J i lIcF all 15 50.0 605.27 Curb 50.0 25.00 630.27