Ord 695 1/25/1926 r-,AviNG C. '
OMPANY
LDG,
A-EXAS
Perm 9 (1 of 4)
O_;,ZLDIX,UCE =VYII,--G ASS E&SIdENT FO-,.L A PJLRT
j?
T
OF THEIl�j �OVJ C
COST OF _). A i IO1, OF
FI7_2.iORE 'STREET ITT =L' C WY OF
F.'7".11S, TEXAS, =�-IITG -',L C-FLA-I.-GE AND
LIEN AGAIPST :,�.BUTTIUGT P_.'WF__.7jT-3TLY
071�71NTERS TP=UEOF, P-,-,OVIDI:.7G FOR Tjz_E COL-
LECTIONi OF SUCH .'ASS C 1ZT,,,E1, r11c AKD FOR TITE
ISSUANCE OF Ac_: ,E;IG1,T4_'3LE CE_iMFICATEJS.
BE IT ORD_`�IDTED BY TT-, -, 30ARD OF
OF THE CITY OF IJICIEIT_a FALLS) T-]LIS, TTITIAT
P
VVHE'1),.EAS, the Board of AlLormen of the
City of Wichita Falls, Texas, has h,-r(,,-'U-oforc by resolution -.)ass--C-
on the 21st Cay of September , 192 � or,'IereC the improve-
ment of 1711mo-ce StreTt--------T3.r. s_,i-c-- City frop its intcr-
2ection with the outh fro er It y line of Ninth Street
to its intersection -with the ForLn -oja.erty line of
Tenth Street by raisin jr,.A.-ing 9 same
i
concrete curbs (-;V_ utter paving,
anfL ins a 11airr v,,,ith Two inch
Sheet Asphalt (Willite Process 011 Five inch plain n concrete
X ounLat1on,;—an'—"- co- r'-aL-c 7 717�p_r_'_tYo_mak-
ing Fa I—c-
-in-g ar.'E cons true tion of such improvements was lot to Plains Pav-
ing Company; anc. the Engineer filed with the City roll or state-
ment showing Cescri--)tion of the various parcels of abutting prop-
erty, the amounts t, be assessed against each parcel of property
any showing other matters andthings; and such roll or stateme_-_U4-
was examined and approveC ; anL after Clue anC_ proper node , hearing
was holCl and haC-; and. by revolution passeC. on the Cay of
192 all protests anC- objections ,.,ci:,e
ove,,truleC. ana _ �hesaiC. hearing closeL, anC.
" ERE,
OH kS all other matters anC_ t1lings necess-
ary and prerequisite hereto have beer, cone ana performeC-; and the
BoarC_ of AlC-ermen being of the opinion that the apportionment of the
costs hereinbelovi made and set forth is in substantial pro-portion to
the benefits to the respective parcels of abutting property in the
enhanceC_ value thereof by means of such improvements, tLnC. is in
ac-
corC_ance with law anC. the proceeC-ings of the City, and that the amount
hereinbelow shown anC_ assosseC against such parcels of property C.o not
il-I any case exceed the benefits to such property in the onhanceC value
thereof by means of such improvements, ar.L that the asgessments so
shown anC_ maC-e Co not exceed the proportions of costs properly charze-
able to such property un(.or the law anC charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BOIRD OF
..1LDEj-1U, TAT OF THE CITY OF WICITIITA F_'1.LLS7
T=U. S, TH_IiTL:
I.
There shall be and is hereby levieC and ass-
esses: against each parcel of property hereir-below mentioneC: anC against
the owners thereof 'he sums of money below mentioneL and itemizeC anC.
the total amount ze , opposite the Cescription of each parcel of
erty; the Clescription of such property, the several amounts as_, c:._
against same, together with the total amount assessed, ar.C- the names
of the owners of such property so far as known, being as follows:
IPANY
--I C',-771 G7
LOT 3 LO C K
i Sla a i'l lbo-o-r,-e r 1 23 150 99
Curb 150 75.00 4;1020. 99
villas 011 2.4 23 150 945. 99
Curb 150 75.00 1020. 99
Sollaefer 8 22 150 94115. 99
Curb 150 75.00 1020. 99
.'t'a s s i e 9 22 150 S,Z-1--1-. 9 9;
Curb 1 0 75.00 1020. 99
PL 4 "' "A'VING COMPANY
WiCHITA FALLS, TEXAS
Form (2 of 4)
II.
The several sums above mentioned assessed
eSpective-
arcels of property and the ovrners thereof 5 %, ) per
against said p eight
fees and costs
ly. together with intere�t`uirth easonable at �orneyesu to e and made a
cent per annu.m, togeth
of collection, if incurred, are hereb�T declaredst which the
lien upon the respective parcels of property againagainst the
same are assessed and rtyd a personal liability and charge
e , whether such owners be nam
real and true owner, of such prop -
e roperty on which the aere-
heT�l�1 0 nb anti te said lieTlStn �l bG drid Constitute th
first and enforceable claim against p paramount lien
and shall be the first and except
state, county
essment is levied, as
on, superior to all other liens and claims,
and municipal taxes , and the sums so assessed shall be Payable
follows, to-wit:
In six equal annual ins tallmenfouruand rfive
pc-
tively on or before thirty days, one, two , three , the City of
years after the date of cmsumsiasseson sedcshallnbea byce the
from
the rate
said improvements, and theaid a
date of such completion and acceptance and until p rovided
payable annually �rritn. each installment, and p rin-
above provided, payment of any installment of p
that if default be made in tthepwhole of the assessment upon which
cipal or interest when due, Paving Company
default is made shall, at the option of the Plain. together
g
or its assigns, be and become at once due and payable, if incur-
its reasoalable attorney' s fees and costs of suchcoll Property shall
rovided further that the owner said installmentsybefore
red ; and p right to pay any or all Of
have the rig of principal and interest accrued
b
maturity at any time, y -payment
to date of payment.
III.
The City of Wichita Falls shall no be i anabut-
a payment of any sums assessed against
an and
manner liable for the p y but the said Plains 'Paving
of the sums
ting property or any owner,
its assigns shall : ,)ok solely to such owners for payment
asses
but the City of 1',ichita Falls shall exercise all i its
sed;
lawful powers to aid in the enforcementifndefaultc shall obesmade in
had
and sums and personal liabilities; an
Payment of any of said sums, collection thereof shall be en once
the sum by the tax collector and assessor Of d
either by sale of the property ossible in the manner p
,:, as near as p or,
the City of Iichita Falls,for the non-payment of ads-valorem taxes,
for the sale of property Company, or its assigns, the d-payment
at the option of Plains Paving
of sa
id sums and said liens and liabilities shall be enforced in an
court having jurisdiction.
IV.
ose of evidencing the several sums ass-
For the pure ro erty and the owners thereof,
essed against said parcels of abutting p p
a ment, and to aid in the enforcement
Cityloft't'�ichit���
and the time and terms of p Y
thereof, assignable certificates shall
eeofsthedtvork `which certificates
Falls upon the completion anorainethe name of the City to
shall be executed by the I+'Tay and shall be payable
by the City Clerk with the corporate seal,
s assigns, and shall declare the said.
or it
Plains Paving Company, ent, and the rate of interest and the
amounts, time and terms of p ym
date of completion
Furm 9 (3 of 4)
anc acceptance of the improvements, s iall contain the name of the
of nor of proport-r as accurately as pesUible, shall contain a C_es-
cription of the property by lot and block number or front feet there-
of' , or such cth r C_e,-cripticn as may of _el,rise i ontify same ; anc.
if the property shall be car eC_ by an ostate, then the C_escri-,Aic'
thereof as so o�-ncC 'gall bo sun-Li.cicnt, or, if the name of the
be unknown, then to so ctate the fact shall be sufficient anC_ _ec cr-
rcr or mistake in e.escribii ; any property, cr in giving the na.mc cf
any owner, shall invaliC.ato or in any wise im-pair any certificate or
ar.y 4ssessmont levieC_ by this orc,inancc:.
Said certificate shall provi.C_e substantially that if the
same shall not be paiC_ promptly upon maturity, then they shall be
collectible with reasonable attorrey' s fees anc, costs of collectie-,_,
if incurreC., anc'_ shall also proviC o substantially that the 2,mounts
eviCencea thereby may be paiC. tc the Collector of Taxes of the City
of v.1ichit2 Falls, Tt-xas, who shall issue his receipt therefor , wr ich
receipt shall be eviLence of such paymcnt upon any C emanc. fcr same ;
anc the Collector of Taxes shall Lepcsi.t trio sums so �ecC.AvccC, by him
forthwith with the C:Lty Treasurer to be lee-pt anc. helC_ by him in
separate funs. hereby C_esignatec. as " FIL-:ORE STRFIET
Special Certificate Fund No. ans. c:T'iei an�r payrient r�i11Tc riwC:eo
the Tax Collector upon_ such certific- te, he shall upon presentation
to him of the certificate by the ccntracter or other iclLcr thereon,
ens.orse saic payr-or. thereon; anc,_ the ccntr"c-tcr or hclLor of such
certificate shall be entitled to receive from the City Treasur„
amount pail, upon presenting to him such certificate so enC_orseC, anC,
ereLitec. by the holder with the amount pail; ar_C. such ez-c.rrsement
anu credit shall be the Treasurer' s warrant for making such payment.
Payments by the Treasurer shall also be roetiptoL for by the holC_er
of such certificate in writing, an, by the surronc.er thereof when the
principal, together .-rith accrues. interest anL all costs of collection
an,"', reasonable attorney' s fees, if ineurrcC., have been paic. in full.
a.icC certificates shall further recite substantially that
all probeec.in s with roforcr_ce to making such inprcvemonts have boon
regularly has. in complia4ce with laz°:,,, anc' that all prerequisites to
the fixing of the assessment lien against the property c.escribed in
such certificates and the personal liability of the owner have bccn
regularly Lone and perforrnoC., anC, such recitals shall be prima facie
ev--L once of the facts so reciteC_ and no further proof thereof shall
be requires' in .any court.
Saic: certificates may have coupons attachoC_ thereto in evi-
c_ence of each or all of the several installments thereof, or m;Tr have
coupons fcr each of the first rive insta.11mcnts, lcavir_ the main cer-
tificate tc serve for the sixth installmentl which coupons shall be
payable either to Plains Paving Company or its assigns, or to Plains
Paving Company or bearer; anc. such coupons may be sig_nc:- either with
the original or with the lac-simile signatures of the 1,L,.ycr : nc Cit:;
Clerk.
Saic. cart.` ficates shall further recite that tlic City of
Wichita Falls shal_1 xercise ^11 of its lawful po:rer vidaen
to C_o se by the helC-or thereof to aiC- in the collection thorecl ,
may contain recitals substantially in accerC_ancc with the above
other aC_s'itional recitals pertinent or appropriate thereto , anE it
shall not be necessary that the recitals be in exact form set fort i,
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 a.. essments or certificates issued in evidence
thereof, is in 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 AI1D APPROVED this ,.LI ,day of
ATTEST: Mayor
City Clerx