Ord 694 1/25/1926 PAVING COMPANY
STALEY BLDG.
HtTA 17AL,L S s TEXAS
of 4)
0 11 D 111. C7, I:EvYIFG _,SSES'z1Z,,3NT FO,.,L A P.'JZT
OF THE COST OF IL.j3?�OVI1'G 21. FO=�TIOIZ' OF
FI1111ORE STREET IU THE 10TTY OF
"VICHITA F-,',LLS, T.UaAS, FI:=G QT7 AND
LIEN _'MIY1ST ABUTTING PROPERTY "'.1"D THE
07-YERS THEREOF, PROVIDIFG FOR 'TIE COL-
LECTIOi; OF SUCH AK-D FOR TT77
ISSUANCE OF Ac_SI'GrUT_1BLE CE77J"TI_U_"ICATES.
BE IT ORRD2.INED BY TT
-� 30_'RD OF
OF THE CITY OF WICHIT_�' FALLS, T'IXAS, THAT
WHEREAS, the Board of AlLormen of trio
City of `',iichita -calls, Texas, has horctcforc by resolution j)assoC_
on the 19th Lay of October 31 1925 ,orLereC_ the improvo-
Mollit of 17ri=more Street n sai-c-_ City from its intor-
line of -,-verue L
section WJ:th t - 0 Uorth. property C of
to its intersection wit 2cEe 7Lrty
Tor��horl,
h the L
L� c;. 0 iinling same
-,.venue ..i by raising, =_Cing an
anCL -installing- co 7Furbs- ans_ G,ut'U-erss anC. paving with Two inch
Sheet asphalt tItWilli ,-e Process) on Five inch plain concrete
ing art. construction o _ such im-provements was let to Plains Pav-
ing Company; anC. the Engineer filed. with the City roll or state-
ment shoi,,iing description of the various parcels of abutting prop-
erty, the amounts to be assesseL against each parcel of property
and showing other matters and things; anC- such roll or statement
was examined anC. approved; and after Clue anC_ proper notic-e, hearing
was helC_ and had; and by resolution passoC, on the ,-., 1 say of
_
192 ,, all protests and objections 1-110 11 e
ove�_ru1_eT._En_C tFie saiC. hearing closeC., anC_
- -� EP o,H EAS all other matters and things necess-
ary and prerequisit hereto have been Lone anc,1 performer'_; and the
Board of AlLermen b,--.' ng of the opinion that the apportionment of
costs hereinbelow made and set forth is in substantial proportion_ b,l
the benefits to the respective parcels of abutting property in the
enhanceC_ value thereof by means of such improvements, an(! is in ac-
cordance with law anC. the -proceeC_ings of the City, and that the amountb
hereinbelow shovzn anC_ assesses against such parcels of pro-,perty co not
in any case exceed the benefits to such property in the cnhanecC value
thereof by means of such improvements , anC- that the assessments so
shown anC. maC-e Co not exceed the proportions of costs properly charge-
able to such property under the law and charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BOA D OF
_=E`,L3J\F1EN OF 12HE CITY OF i4ICTIIT� FALLS?
TI]XAS, THAT:
I.
There shall be anC- is hereby levied and ass-
esses' against each parcel of property hereir-below mentioned and against
the owners thereof the sums of money below mentioned and itemizes_ aiaC_
the total amount set opposite the eescriptior, of each parcel of prop-
erty; the description of such property, the several amounts assesses
against same, together with the total amount assesseC,, arc the names
of the owners of such property so far as known, being as follows:
I
LOT ---ILOCK- CTT-,jT
J illiams
r'leor,-c,r,e 1A 50 3 14.63
,,urb 50 25.00 339.63
jd11i1S
,.Teon,e
er 10 0 314.63
'-war 0 50 1) 0 ---D. 63
.15.0 0-0
Georg e Dwy-er
rj I) v 11 1A 50 314. 63
;�Urb 50 25.00 339. 63
i S S 7--,'a im i e Leach 12 1A 50 314.63
Curb 50 25.00 3391. 63
"Tell-, e '.elite 13 1A
n50 314. 63
Curb
9
50 25.00 .3,; 6
Highland irri,,,,-at4Lcn
Lang. .,o 14 1A 50 314. 63
Curb 50 25.00 339. 63
j 15
50
'Jurb 314. 63
50 25.00 1339. 63
-icllolt 16 1A 30 314. 63/
Curb
50 25.00 69. 63
Carrie Allen 1 2A 50
7ld-. 63
rb
50 25.00 U39.63
Carri e --Alen 2 2 50 314. 63
25.00 339.63
"-'-avis 3trb 2A 50 314. 63
50 25.00 -I39. 63
3 3ullai-d-
urb 4 2A 50
'
314. 63
.50 2.15.00 339. 63
Leo tier 5 2A 50
curb 314. 63
50 25.00 339. 63
Geo 1 t,b3z.%er
Curb 6
2A 50 314.63
50 25.00 339. 63
J '7 ','illiams
�- I
rl,Xeo
, Dwy er 7 2A 50
Curb 314. 63
50 25. 00 339. 63
G e o Dy"
Curb 2A 50 314. 63
50 25.00 '39.63
?GAINS PAVING COMPANY
5TAL£Y BLDG.
'rp\ FALLS, TEXAS
Form 9 (2 of 4)
II.
The several sums above mentioned assessed
respective-
against said parcels of pro and the ovrners therhaf , Sao) per
property y
ly tog ' s fees and costs
ether with interertwithereoneasonable attorneyls and made a
cent per annum, togethe
Of collection, if incurred, are hereby property
againstewhich the
respective parcels of property g against the
l;.on upon the resp ersonal liability and charge
safiie are assessed and a p whether such owners be nam--
real and true owners of such property, on which the ass-
_ �1i1 Ole nod, anc t e said lien's Ellal bo Constitute a
et her ainst th property
tse first and paramount lien theye-
first and enforceable claim against t state, county
eEsment is levied, and shall be excep
on, superior to all other liens and claims,
a able as
and municipal taxes , and the sums so assessed shall be pay
follows, to-wit:
In six equal annual installmenfoutS aru and rfive
c-
tively on or before thirty days, one, two , three ,
the City of
years after the date of cmsumslon assensedcshallnce b
be r interestthe rate
said improvements, and theaid a
date of such completion and acceptance and until p rot-
annually with each installment, and p lin-
above provided, payable vent of any installment of p '
that if default be made in the pay on which
cipal or interest when due,
the wbole of the assessment upon
pCompany
tion of the Plains
default is made shall, at the OP a able , together
or its assigns, be and become at once due and p y if incur.
shall
1 $ reasonable attorneyTs 1estkieaownely of suchepropertYbe ore
and provided further that
red; right e pay any or all of the said installments
have the rig time , by payment of principal and interest accrued
maturity at any
to date of payment.
III.
The City of Gdiehita Falls shall not be in any
for the payment of any sums assessed against any abut
r ginner liable or any owner,
but the said Plains Paving Company and
ting property . to such owners for payment of the sums
its assigns shall look solely collection of said liens
assessed;
but the City of �'1ichita Falls shall
all exercise all of its
lawful powers e aid in the enforcement and n thereof shall be enforced
and ersonal liabilities; and if defaultshall be made in
and sums a p of said sums, collects
the payment of any ro erty by the tax collector and assessor Of
either by sale of the p p as near as possible in the manner provided
the City of 4ichita Falls, a ent of ad-valorem taxes,
for the sale of property for the non-p or its assigns, the payment
at the option of Plains Paving Company,
sums and said liens and liabilities shall be enforced in any
of said
court having jurisdiction.
IV.
ur of evidencing the several sump ass-
For the purpose ro erty and the oviners thereof,
essed against said parcels of abutting p p
and to aid in the enforcement
and the time and terms of payment, the City
thereof, assignable certificates shall be issued or ` and attested
completion and acceptance of the
which certificates
Falls upon the p the T;Layor in the name o to
shall be executed by orate seal, and shall be payable
by the City Clerk with the corp
and shall declare the said
Plains Paving Company, assigns,
and the rate of interest and the
amounts, time and terms of payment,
date of completion
7rm 9 (3 of 4)
and acceptance of the improvements, shall cc;,tai_^ the i1Xme of t'_ze
o ;nor of propert-T as accurately as possible, small cc_itain a des-
cription of the property by lot anC. b1cch nil_mber or frc,rt foot thcrc;-
oi', or such other c_e,,-cri Mien as may C ti;:;r":ride ic_onti]:"T Same; anc.
if the property shall be cv.-Ioc_ b_T an estate, then the (`_oscri .ticn
ihcrecf as so shall be sullieic_Zt, or•, if the narno of the c,:r_-,cr
be -anknown, then to so state the fact shall be sufficient arc_ r.c cr-
rcr or mistake in ( (;,scribing any property, or in C;iving the name of
any owner, shall ii_ Llidatc or in any wise iI'ipair any cor t iiic-t ; -r
ai-y assessment levied by this ordinance.
Saic_ certificate shall provic_e substantiall,) that if the
same shall not be paid promptly upon maturity, then they shall be
collectible with reascnable attori ey' s fees rand ecsts of collection_,
if incurreC_, and shall also provide substa<-Iti ally that tree amounts
evidenced thereby may be pair: to the Collector of Taxes of the City
of ?;'liehit, Falls, T� x.as, who shall issue his rccoipt therefor , 51jii ch
receipt shall be evidence of such pa,;rrncnt upon demand for same ;
anc_ the Collector of Taxes shall do-pe�zit the sums so reeoived by him
forthwith with the City treasurer to be kept anc_ held by hire in_ a
separate funC_ hereby designated as t' FIZi��C3�; STREET
Special Certificate Func' No. ; and ��hon n1r p yr Ent shaI_1_F7rTa7=c_Tc
the Tax Collector upon such certificate, he shall upon precenta,ticn
tc him of the certificate by the contractor or other fielder the 'oof,
endorse said payment thereon; ar.C_ the ccncracter or hole or of such
certificate shall be entitlec: to receive from the City Treasurer the
amount paid, upon presenting to him such certificate so enC_crsed anc,
crec:ited by the holder with the amount paiC.; ar_c_ such er-Cursement
an,". credit shall be the Treasurer' s warrant for making ouch payment.
Payments by the Treasurer shall also be roctipted for by the holc_er
of such certificate in writing, and by the surrender thereof when the
principal, together .rith accrued interest and all co stN of collection
and reasonable attorney' s fees, if incurrot:_, slave been paid in full.
Said certificates shall further recite substantiall r that
all prcteec_ings with reforer_cc to making such improvements have boor
regularly had in cc T1ia.4ce with lair, anC. that all pro:roc sites to
the fixing of the a, vctismcnt lien against the prcporty c_escribe0
such certificates and the personal liability ef the owner have
regularly done and performed, anc_ such recitals shall be prima facie
ovidonce of the facts so recites_ anc_ no further proof thereof shall
be requires_ in any court., ,
Said certificates may have coupons attacheC_ thereto in evi-
dence of each or all of the several installments thereof, or m.al-r havo
coupons for each of the first five installments, le avin the r_.ain cer-
tificate to serve for the sixth ir_stallmentl which coupons s,zall be
payable either to Plains Paving Company or its assigns, or to Plains
Paving Company or bearer; and such coupons may be sianec. either y�ith
the original or with the fac-similo signatures of the Mayor an'_ City
Clerk.
Saic_ certificates shall farther recite that the City of
Wichita Falls shall exercise all of its lawful powors when reToestoc_
to c_o se by the holder thereof to aid in the collection thereof, anC_
may contain recitals substa_ztialli in accorc_ance with the above a c_
other additional recitals pertinent or appropriate thQretc, iff_ it
shall not be necessary that the recitals be in exact foam set fortis,
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 witli 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 AND APPIROVED this .9-6--day of
ATTEST: Bayer
City Clerk