Ord 709 3/1/1926 rm 9 (1 of 4)
0 GDTT<_`L `C ; LETdvIT'G �S,ES :lyT'TRT
OF
0� rI`E COST OT' I, - OVIyG YO TIOi'
SEVENTH YSTREET ITT TTE C T.TY OF
ICNIT:� F_a.LS, T;'D:-�S, F I.2IYG
HE
LIEN AGAINST :�BUTIJ-, F�OF-rtiT`i � D T
O'_- 1ERS THEREOF, YROVIDIEG FOR T1 E COI,-
LECTIOTT OF SUCH 1TTD FOR TT'
ISSU-�I?CE OF :`,�,E GT?_1BLE CaT TI-0 IC;?TES•, ITD
BE IT ORD2J1TED BY TT`E BOa�: D OF `�LDL'- ;JI4
OF TI- , CITY Or' 1,ICTTIT=L FILE!`' , TE: -�5, T'�._aT
I `S, the Board. of -..JLormen of the
1�N +Jll RE J_l - G C�(
'J ichita Falls , Texas , has hGlC-i;°f°rC by resolutio`l �� -
City of September 1925, orLerec,_ the improv
on the 21st dart of ---- in sale. City from its into
moat oflg S root - lino of Polk Street ___,,,__
tiection wi ll thc�_ s� curb
to its intersection �it jes__line o__Lot 12lock
r n i c_in� aYic_ f il�-ing same
19, Moral Ileights Aaaitiorby r�:isin" T ,y ti;ith Tcao inch
ant lrstal i z concrete curb:: `nc_ u'c 'cr: �Zc. paving
rive inch -plain cone
:sheet ksphalt (Will � rocess oI_ r- �'--
io I-1 a�ior-} ant_ con ra`c cr �1se av-
ink ar_d, construe ian o�su.ch improvemen'cs was let rolPlai
orl1stPte-
in Company; ant_ the Engineer filet. with the City rol�-
merlt showing c escriptior� of the various parcels of abutting p
C ssec against each parcel of property
erty, the amounts to be asse g'
an"_ showing other matters ant. th4rgs; anC. Eli
roll or staten�.ert
was examir_ec. ant, approved; ant alter cue a-l(- proper notice , hearing
arsec, cn the _�t___ C-ay of
was held alad hat:; and by resolution p s C n s %-,
19 all protests anCc objection . a�'e
e said hearing closet, and-
overrulec. ana
7 'HERE,,�S all other matters ant: things necess-
ary ant- prerequisite hereto have been
colic a hepapporti corsnent ofetl�e
Bo;�rcL of .�ld_ermen beilLLg of the opinion
costs hereinbelotr mace ant set forthli.soinasubsia t rig IUpert J°�tltkieto
the benefits to the _�espectivc pal c ,
enhances_ value thereof by means Sscoflthe°Cirty,tanL that�the amount
corc_ance with laW ant. the pro ng
hereinbelow shov-rnand assessed_ against such park in of peol'ancedc value
in any case exeeeC the benefits to suchp sO
f such improvements, and that the assessments
thereof by means o charge-
shotvn anL made do Iaot ex�eeLor thehe lawoandtcharter insfcrce°in^this Cit-,r:
able to such property
THEREFORE BE IT ORD-�IPTED BY THE BOARD OF
ALDERI��iEI�, OF .2TTE CITY OF iICTIIT-� F_iLLS:
Tli_1T
I•
There shall be ant- is hereby levicc ant ass-
esses against each parcel of pro?�erty hcreinbelovv mel.t� ones ant .gainsT
the Owners thereof the sums of hel'c escription11ofoeacchap3rcel ofnL eDrCIPr-
the total amount set oppo„�te th
erty; the cescription of such property, the several amounts a^scs ed_
against same, tcgether t,�iterty sootal amount far as known, beings as�yf°llOvi-: les
Gi the owners of such prop
Form 9 (2 of 4)
II.
s above mentioned assessed
'^he several sum
and the owners the:ceof ,
respect"
parcels of propert�r ,rrht (6) peg
against said p is fees and costs
ly -together with interest thereon
attorneyo be and made a
]per annum, together with 7r declared to
cent p if incurred, are herebi a ainst which the
of collection, ]respective parcels of property g against the
lien upon theesp personal liability and charge
same are assessed and a p ro'Property, whether such o�zfners be nam-
�� and Constitute a
real and true owners of such p p on which the ass
�� -&rgin 0-P not , and. t�e said lieS�S ile
ainst tre property aramount lien there-
first and enforceable csh llabe the first and Dept state , county
essment is levied, a able as
on, superior to all other
theliens
sumsnsocassessea shall be p Y
and municipal taxes ,
follows, to-wit: respec-
In six equal annual installments five
da s one, two , three , the City of
tiely on or before thirty Y i Lance by
years after the date of completion and accep aid at the rate
s and the sums assessed shuntilepr interest from ded
said improvements, acceptance and and prove
date of such completion and accepvjith each installment, lin-
above provided, payable annuallya payment of any installment of p �
r= ssment upon which
that if default be made in tthepwhole of the a.�.-e
cipal or interest when due, tion of the Plains Paving Company
at the op a able , together
default is made shall , if incur-
be and besofeestandccosts Ofdcollection, shall
or its assigns, property�1t�. reasomab�e attorney' S of such
• and provided further thaall of the othelsaid installmentstbac°rued
red : right to pay any or al and intere
have the rig time , by payment of prinoip
maturity at any
to date of payment.
III.
The City against any abut-
of Gdichita Falls shall not be in an
a ment of any sums assessed 7 Company and
manner liable for the p Y but the said Plains Paalment of the sums
ting property or any owner,
its assigns shall look solely - such owners for p
City of �'+ichita Falls shalollectionexercise
oall
said liens
assessed; but the C y
lawful p and if default shall be made or
c
Powers to .aid in the enforcement an thereof shall be enforced
and surds and personal liability collection
the payment of any of said sums, Provided
of the property by the tax collector and assessor o
either by sale possible in the manner p or,
of ,,7ichita Falls, as near a.� of ad-valorem taxes,
the City ro erty for the non- payment
for the sale of p p Company, or its assigns, the paymen
at the option of Plain- Paving
o- said sums and
said liens and liabilities shall be enforced in any
court having jurisdiction.
IV.
of evidencing the several sums ass-
For the pur pose rop ertY and the owners thereol,
'parcels of abutting I o aid in the enforcement
essed against said p the City of
and the time and terms of payment,
ereof , acceptance of the ,York `rharid aetestedat
thereof , assignable certif and
shall be issued Y t
Falls upon the completion and shall be payable to
shall be executed by the 1Layor in the name of the
i
Clerk with the corporate seal,
by the City or its assigns, and shall declare the said
Plains Paving Company, a ent, and the rate of interest and the
amounts, time and arms of p Ym
date of completion
Form 9 (3 of 4)
and acceptance of the improvements, s'_lall corsair_ the name of the
(,odor of proport-.r as accurately a' possible, shall cciltain a s_es-
cription of the property by let anC. block ininber or front oe;t thc,rc-
Ol, Or such other C_C`.,`c ri -, as may Ot1.Cr`:ul ` e 7.(_Cntia.y same; anC.
if the property shall be owncc_ by an estate, then the C_escri-;sic l
ti1CI'CC1 as SO O 'i11GC s' cLll be ,l:-u iciC_1t, cr" if the n mo of he G`;!_cr
1 :, c_lkrlowll, than to :o state the fact shall be sufficient anC_ _ o er-
ror or mistake in C.oscribiiaC, any property, or in giving the namo c.t
any owner, shall invaliC.atc or in any wise impair any certificate Cr
ally assessment levies, by this orLir_ance.
SaicC_ certificate shall provic_o substantially that if the
same shall not be paiC_ promptly upon maturity, then they shall be
collectible with reascnablc attorney' s fees ansC, costs of collection,
if incurreC_ anC. shall also proviC-e substantially that t'-le amoul.ts
eviLenced thereby may be paiC_ tc the Collector of Taxes of the City
of 1,%ichit . Falls, Texas, who shall issue his receipt therefor, which
receipt shall be evi.c_ence of such pa;mc;nt upon any C.eruanL for same;
an(! the Collector of Taxes shall C_CpOrit the sums so 2occivoL by him
forthwith with the y�.ty Treasurer to be kept anc_ helC by him. it
so-oarate fund hereb-.. C_esignatec. as " SEVENTH STREET
Special Certificate rune' No. an :hen any payrlcnt s �al��e~r.i,.�_.,
the Tax Collector upon such certificate, he shall upon pre.entation
to him of the certificate by the contractor or ether liolC or thereof,
endorse said payment thereon; anC_ the contractor or holLor of such
certificate shall be entitles, to receive from the City Treasurer the
amount paid, upon presenting to ��im such certificate sc en,' crsec� anC_
crediteCL by the holder with the amount pair'-; anC_ such er-c.rrsement
and cres.it shall be the Treasurer' s warrant for making such payment.
Payments by the Treasurer shall also be roctiptoL for by the holc_er
of such certificate in writing, anc. by the surrenC-or therecf when the
principal, together with accrues, interest and all costs of collection
anc; reasonable attorney' s fees, if ir_curroc_, have been paiC_ in full.
Said certificates shall further recite substantially that
al . preteeCUllgs with refcrer_ce to making such iraprevements havo boom
regularly had in eomplia4ce with lava, anC- that all prepequisites to
the fixing of the assessment lien against the property C-escribed in
such certificates anc. the personal liability of the ovaner have boon
regularly C_cno ar_c. performed, an(! such recitals shall be prima facie
evic.once of the facts so reciteC_ anCL nc further proof therecf shall.
be requires' in any court.
Saic_ certificates may have coupons attacheC_ therotc in evi-
c'_ence of each or all of the several installments thereof, or may have
coupons for each of the first fivo installments, leaving, the main ceh-
tificate to serve for the sixth ir_stallmentl which coupons shall be
payable either to Plains Paving Company or its assignsa e_� to Plains
Paving Company or b -.rer; anc: such coupons may be sigrcC_ either with
the original or with the fac-simile signatures of the Maycr <"'MC_ C.
Clerk.
SaiL certificates shall farther recite that the City of
Wichita Falls shall exercise all of its lawful powers v,rher, regtlestoc-
to C_o so by the hole er therecf to ai.C_ in the collection tl_croof,, awls_
may contain recitals substantially in accorC_anec with the above aye.
other aLCLitional recital; pertinent or appropriate thereto , anc_ it
shall not be necessary that the recitals be in exact form set _north,
but the substance thereof shall suffice.
Form 9 (4 of 4)
FULL power and levy re-assessments in any
case, and to correct mistakes, errors, invalidities or irregular-
ities, either in assessments or certificates issued in evidence
thereof, is i4 accordance with law, vested in the City.
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 nec-
essity requiring 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
emergency measure, and such rules are accordingly suspended and
this ordinance is passed as an emergency measure, and shall be in
force and in effect immediately from and after its passage.
PASSED ATJD APPaOVED this 1--day of
ATTEST: Mayor
City Cl3rk