Ord 709 #2 3/8/1926 t- y Tau ,i;l OF P RTIO s' OF Kemp Boulevard
,T OF1)Tcl,'_T(; 0'-tJ 'iL r � T_� i
between the South rroperty Line of Avenue "H" and the South
Property Line of Ave ,)e "C"
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THEREON, IND �'ROdIDL G FOR TTS OF CELM2 _ .
v Rom'-.I BY is DO y 3ll OI' '_I,D;�' I+ OF TIiL CITY
BE IT i 7 I1 IS -= 0 D:
O :'Ir"111T., F,aLLS: TH-1-T,
H.6RsJAS, the city of ','.ichita Falls his Yier.etofvre deter.nin-
ed by resolution the necessity of irrrprovi}lg the f.ollotirill portion of
street in said city: all the ax I3,Lved portion of Kemp Bouleyar� d
hattuo�r, th Sotl�h P"nperty Tin �f Ac— T�ntl�
n err nA tha th
Property Line of ovPnr» "nn ____
and plans and specifications therefor have been prepared and filed
by the City Engineer, and examined, corrected and approved by the City,
and bids for the raa..ii ; and construction of such improvements have,
after due advertisement and notice, been received, opened and exai.iined
and the bid of "Vest Texas Construction Cora_)a -'Y for the mckci w and
construction of such i:rprovements, with the materials and methods herein
ordered found to be the lowest responsible bid, and the City D—ng;ineer
'"ass and filed with the City esti:::ates of t'__e cost of such imp
prepr red
roverr:ents and of the amount to be assessed ~ainst abutting lots or parcels
of propert; and the o.iners thereof, with the descri gtion of each such
lot or parcel or property, and the names of the owners thereof, in the
i-naner recjaired and provided by the Charter of thi s Cit = and the lags
_n
inforce in this City and the )roceedi rs of t.,.is City applicable t. ereto;
and,
Uhereas, by resolution ;gassed and adopted on the 21st day of
DgCembe r 1924 it v:as ordered that a hearing to all Owners of -prop-
erty abutting; on said portion of street nexiee to be irIproved, their
agents or attorneys, and all others interested in the said ingrove-
rrents, or in any :�u,tter or t'- irit; in anywise connected therewith, be
City national wank
held in the Council Chamber in the � FuildL in the City of
ichita Falls, Texas, at 7 :30 P.I�i.the 8th day of Feb . 19 2�
and treat notice of such hearing; and the time ?:' -jl•^ce t'+e-,eof be
liven; yid,
such notice w---s ,riven ii1 t:ie nncr provided in said resolu-
ti on and it t,,,e :--nner and for the ten th of time y)rovi.ded and req-..ire,
by 1,-Lw, and the proceedin��s of t"r_is Doard; and,
.t said hearin; all desiring• to contest sc_id assess-
meets or in a manner desiri"C to be heL.rd concerning the benefits
thereog, or said iir�rovernents, oras to -^slur other matte in ::w,nner
connected with or incident therein or as to dU.:r.Ses resultin there-
from, were fully &nd f,-Arly heard, and c-.11 errors, mistakes, ineuUal-
ltit", acid all other matters reauirin; retification were rectified
and the Aldermen havia�, heard and considered the evidence, and being
of opinion Efom the evidence tjv-t the assessments herein below made
and char.-es hereby declared an; .inst property ovFmers and their :�rop-
erty, are just and ec�uitable, and tha-t in each c .se the assess
made a"airist am parcel or lot or property is less t' ari the benefit
to said _)ro-aerty in the enha.ncedvalue thereof by means of the improve-
ment u'aon vf1lich said )ro_oerty abuts, and the Aldermen bx.,ving considered
ar.d ado,�ted the rule of approtioment below set forth and tj.e division
of the cost of said improverients, between said property o,�,,Tiers, and
their property, Is just and eciuitable and orocl�.cin�; subst7ntial
equality considering benefits arisinL: from ::aid improvements and burdens
ir:posed thereby, and dames resultir , from or caased t':.ereloy, such ao -
ortion:_Zents beirn5 the sLvMe as shovm or, the report and estir=-te and st-.te-
ment theretofore filed by the City !�tigineer -uith the Loard of Aldermen,
and hereinabove referred to, and said hearin ; having been closed;
1.
That the follotirirz�f portion of street in the City of 'es`ichita
Palls is hereby ordered iriproved by raAsino, {,radin.. wed fill'-n
same and installing- concrete curbs and L;-utters, and paving- ith
arreniteltulithic
Pavement on Concrete l+oal?d_1.tion§ Under and in
accordance with plans and s )ecifications thereof, heretofore -')re-
p_wred and filed by the City engineer, and adopted and a_�)roved by
the City, to-wit: Kemp Boulevard from the South Property Line
of Avenue "H" to the South Property Line of Avenue _"0"
2.
That said improvements be made and construc-ed in' the name
of the City by contract.
3.
That there is and shall be hereby levied against each of
the or.7iers of _ roperty bel6w mentioned, and -,L,�ainst his or proper-
ty below described, the several sums of -money below mentioned and
itemized for. cl)rbs and for paving and for other i::i_:roveL.ezts, and
the total amoant thereof, set oy)_,)osite the nave of the person and
his or flier property, the names of said property ow^mers and the de-
scrirotion of their property, a d the severe.l a:_lounts assessed ^-
gainst them and their property beinu as follotiv5:
and beinj for t'he pro_ er axid proy)ertionate amo-ant of the cost of
the improvement a on T,hich each such lot or parcel of land abates;
4.
1, ^t the cost of such improvements sh.,11 be p >,id by the
owners of abuttiri y�ro?)erty, paying the sans by ti,_is ordinance as-
sessed against them and their property, and the City paying the re-
,nwinder.
That the several su:.s above mentioned -,ssessod < `ainst
said ?rol)erty, and the owners thereof, res_o: ctively, are hereby,
together with all costs of collection thereof, includinU reason-
able attorney's fees and costs of collection, if incurred, and
interest on all of siad sums at the rate of S", per anmara, declar-
ed to be a lien on the s; id respective parcels of ro-perty hat
vfaich the same Ore assessed, and a personal liability or char' `
against the owners thereof, whether such o-uners be Herein correct-
ly named or not, the assessments herein being levied & ainst the
sc;.id -premises Lzid against the trae oviners thereof, and the said
liens shall be and constitute the first enforceable claim :,-ainst
the s--id property a,.c.ninst which it is assessed, and be the first
and paramount lien thereon, superior to all other liens and claims,
e..cey}t State, dousity and lamicipal Taxes, and the s,mis so assessed
shall be payable as follo: s to-Wit:
In six euuaj installments, the first -pa;,yaI le within thirty
da-vs after t e co..pletion and the acceptance of such im-)rovements
by the city; and the second in one year from said date; the third
in two years from said gate; the fourth in three ye,{,rs from sz.vid
d_Ae; the fifth in four years from savid date; and the si:Ah in
five years from said date; all bearine interest at the rate of
ei,�;ht ner cent per a,nntun, ?payable area .11y -with the -_)rovisi0, that
if �1.efault be madc in the payment of any principal or interest
r�'zen dae the whole of such assessment v ion such default s?1-all at
once become due and _-)ayable at the action of the contractor con-
structing such improvements, or its assigns, provided that said
property owners shall have the right, and are hereby given the op-
tion to pay before maturity by pa anent of -princi-..-.1 :nd accru"d
interest.
That the City of '.'i'ichita Falls sbi.11 not be in any man-
ner liable for the payment_:of a7lY sum hereby asses;: d a•,ainst ai ;.
orope_•ty m7dner of his _)roperty, but that the o-aid contractor stall
look solely to such pro-jerty and the aymers therof, for the pay-
ment of aid s-,ams but the s--.id City of Wichita malls, sh:.11 exer-
cise all of its 1^lrfal poarers to aid in and enforce the collec-
tions of s,.id sums, and if default shall be made in the
LLa ,'meat
of any of s;.id sums hereby assessed .;,�winst s id property ol.mers
and their pro-L)erty collection thereof, shall be enforced either
by the sale of the said property by the Tvx Collector and asses-
sor of the City of '',Iichit�, '`alls, as near as possible in the man-
ner provided fo: sr_tle of property for nonpayment of advalorem
taxes, or at o_D'.An of sc i., contr:'.ctor or its assi,"11s, the pay-
m nt of SU:id sums shall be enforced in z:,n_;- court h :Uin "I-aris-
diction.
6.
That for the -purpose of evidences the seve2al sums pay-
able by the ov.mers of said property and the times and terms of pay-
ment and to yid in the enforcement t'_aereof, assiLuable certificates
shall be issued by the Cit - of " ichita ilalls u?on the completion and
acce�r)t--nce of the 11-1-)rovements for which the assessment is levied,
which shall be executed by the layor and atteoted by the City Clerk
with the corporation seal in the mam-ler provided by the City Chatter
and law and proceedir •s in force in this city, and shall be parable
to the (antractor erformin � sz..id work and constractin said im-
provements, or its ausiLrns vvr_iich certi f i c .t� s sha11 decla='e the
said amounts and t' e tidies ZICL ter !S OZ .,-ent tllereof, anL the
saiC� rate of interest I)ayable thereon, and cont .in tu'ie name
of tlle o,,iner and. descri-otion of ',Lj,s _-)ro-oerty ai-d -'U',o lot an(" block
rramber or front feet thereof, or such other cescri...Ition .,-.s may
otherwise identify sane, and if said )ro-,.,erty shall be owned by an
est- te, t'i'e description thereof as so owned s'.all be sufficient.
Said certificates shall -jp.,xther -provide th t if default shall be
made in the -payment of any installment of principal or interest
thereon when due, then, at the option of said Contractor, or its
assigns, bei--rj,-, the owner and holder thereof, the whole of the
said assess.:ieat shall at once become due and -ja�yaable and shall
be collectible with reasonable attorney's fees and costs of col-
lection, if incurred. Said certificates shall further set forth
and evidence the oersonal liability of the o�nier of such prope. ty
and the lien upon s-,-;ch -grer.Uses, and shall provide that if default
be made in the -payment thereof, that the swine be enforced either
by sale of the property by the Tax assessor and Collector of the
City of 'Zichitz-,. Falls, as P-b&ve recited, or by suit —L,,O'd;-tt
having jurisdiction and the said certificates shall further re-
cite substantially that the proceedinfz with reference to raping
the said imoroveme-nts have been regularly and in compliance with
-IV-he laws and T)roceedin,.--s of the City of '4�`ichita Falls, and with
the provisions of its Charter, and that all pr
erequisites to the
fixing, of the lien and the claim of personal liability evidenced
by such, h-..ve been -)erforl!led, Vnich recitals shall be evidence of
the facts so recited and no further -,)roof thereof shall be re!�,ir,&
ed in any Court. And said certificates may also recite substan-
tially that the --�.-,oant thereof, shall be ---payable to the Collector
of Taxes of the said City, who shall issue his recei ,t therefor
when paid, which receipt sh.-.11 be evide-nee of such payment on any
demand for tI,e s .Pe, whether by virtue of said certificates or
or any contract to the mme entered into by the otrmner of such
.property and that the collector of Ta. es shall deposit all surfs so
received by hirn forthwith with the City Treasurer, who shall keep
the same in a se.arate fund, and that tirl_en ny pay
jment3 shall be made
to the collector of 11axes upon presentation to him of such certifi-
cates by the contractor, or other holder the2cof, endorse credit
thereon for )aynent received and the holder thereof shall be en-
titled to receive from the City Treasurer the vzaolnt paid, anon
presentation to him said certificate so endorsed b-7 t-ie Collector
of Taz:es and credited by t'_ie holder �i tlri a._�omit paid. and such
endorsement and credit s1r,11 be the Treasurer's Warr: nt for -=_hin
such oaymeut to said contractor or other holder.,Im(� the said
contractor ox uli_ r of ftU ^ertificates shall receipt in
writin,r to said Treasurer therefor and surrender said certificates
to said Treasurer when paid in full, to-ether with costs of col-
lection and attorneys fees, if incurred, Ind the said certifLc_.tes
may further provide that the �ity of 4Iichitp Falls shall
exercise its lawful powers when requested so to do bur t,:.e holder
of aagd certificate to aid in t':ie collection 1.erebf, but the
City of Wichita Falls, shll in wise be liable to t'.e holderof
said certificates in any annner for ,payment of the amount evi-
denced thereby, or for any costs or erf.enses in the premises,
and such certificate may contain other recitals appropriste
thereto.
7.
That no mistake, invalidity error, or irreLala rity in
the namin of any pro erty ovr: = or the description of s,ny pro--p-
erry, or the amo-ant of an,;, assessment, or in any proceedin s
with reference to ark; assessment, tbail in emyise invalidate
or in anrjrise affect anyassesslne:,,�t hereby levied, end any sac"+
;rist eke or error, whether in such assessment or tie certific.-,.te
issued in evidence thereof, may be corrected at any time by the
Board w Alder: n of the City of 7icAita Falls, or reassessments
therefor may be levied.
C.
That this orc_inance shall take effect from and after
its passage.
12PROVED:
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