Ord 693 1/25/1926 PLAI"S PA*V'1'N'C rO.MPANy
TEXAS
Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
POLK STREET IN THE CITY OF
WICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSMENTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 21st day of September . ,1925 , ordered the im-
provement of Folk Street in sai -dity from its inter-
section with the R.orth cur line of venue d
-;;o its intersection with e _ or h. curb line o
Avenue TY by raising, grading and fi ing same
and installing concrete curbs nd gutters and paving with Two inch
Sheet asphalt (Z`' illite Process on Five inch plain conubete""
foundation; and contract or the ma
ng and construction of such improvements was let to Plains Pav-
ing Company; and the Engineer filed with the City rollor state-
ment showing description of the various parcels of abutting prop-
erty, the amounts to be assessed against each parcel of property
and showing other matters and things; and such roll or statement
was examined and approved; and after due and proper notice, hearing
was, held and had; and by resolution passed on the day of
,192�' , all protests and objections were
o erru e and' e sax hear�rig closed, and
WHEREAS all other matters and things nec-
essary and prerequisite hereto have been done and performed; and
the Board of Aldermen being of the opinion that the apportionment
of the costs hereinbelow made and set forth is in substantial pro-
portion to the benefits to the respective parcels of abutting
property in the enhanced value thereof by means of such improve-
ments, and is in accordance with law and the proceedings of the
City, and that the amount hereinbelow shown and assessed against
such parcels of property do not in any case exceed the benefits to
such property in the enhanced value thereof by means of such im.
provements, and that the assessments so shown and made do not ex•
eeed the proportions of costs properly chargeable to such property
under the law and charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF WICHITA FALLS2
TEXAS, THAT:
x.
There shall be and is hereby levied and ass-
essed against each parcel of property hereinbelow mentioned and
against the owners thereof the sums of money below mentioned and
itemized and the total amount set opposite the description of each
parcel of property; the description of such property, the several
amounts assessed against same, together with the total amount ass..
essed,, and the names of the owners of such property so far as known,
being as follows:
FAL
--TAL Uo�rT
CT -ET
BLOCK A GE -�j,
Strauss &
-'IcDons.ld 9 86A .50 9314.37
Curb 50 25.00
v Strauss 17
50 I:u)14�.3 7
Ci_-,,.cDc.,.ald. 10 r,u
50 25.00 37
xb
4
1 50 3s t e Yi C8_ r.;0 25.00 3 7
Curb
7
Ij e s Ju-e J,c n e s 12 LBO .50 14.. 37
Curb r 10 25.00
'J
I es-lu-e r 0 1-1 e s 13 88 50 314.37
50 25.00 33 3 7
0 11 e s 14 50 314. 37
.esue50 `79.37
2,15.Cyr'
L e s �0 J ones 15 8 BA 50 3141 .37
rb 50 25.00 339.3737
r a = a as 16 68A 50 3�1Zi.3 7
-.urb 339. 37
50 25.00
C oak 1 87 50 314.37
u r b 50 25.00 9.3 7
',,.cl.',,eynolds 2 50 314.37 r--.o 20.00 317�,1�,,37
Curb
A Holder 3 87-1. 50 314.37
curb 50 25.00 339.37
VT 8 7 21, 50 314. 37
05.00 339.37
50
'Jurb
T w-- -15-inoe2 I -y -
7 -a lT 11,e r .5 50 314.37
.urb 50 25. 00 335.37
n- ill 1011 7 414.37
50
�urb 50 21 5 (0, 3'.7, 3 7
L y 'Q"ow]An,,,I' 7 0 7 . .50 311i.3 7
S,.Curb 50 25.00 33 77
'7
,,,ea.r Turner 8 8 7 0 314.37 3 7
curb 50 25.00
71i:zhlc�nd 1br (7- :L Co 9 Oj 8 50 314.37
U-c-b 50 25.00 3 7
GL �y 10 ?SA
0 -141 .37
.urb 50 25.00 339.37
98", 50 314.37
r,0 Z 3 7
25. 00
E I-Alliam 12 9 8�'L .50 314.37
Curb 11
r,0 C5.00 339.37
-
I-lipkin -111 en 13 9 8 50 314.37
ttrb 50 25. 00 339. 37
"Zove 14 14
9 8-1 50 .
- 37
E,0 25.00 1 37
-C�
7
50
50 3 jz� 7)7 ZZID Z,7
"'oo-S-62 9&L 50 25.00
,U.L 314-37 rj
50 DOZ;
F n5.00
,,.j-rb bo 14-.Z, (
2 50
u
ur C, 314.ro 7 C� 7,
00
50
50
37
50
j-,-o .3,7
50 25.00
urb
z ri,
j
50 2 , 00 3 Z)71
7r 5 01--0 5-
v
50
314.37
:03?ton 50 25.00 3 9 3 7
, rb 50 37
U
r7
7 0 00
'lu
I
4-.-)71
Shael,el:-,,o 0 .00
0 2
!Aso
`u-b
z
*J
L0 50 1 0-
-jo •7
7 Oz r�:�.31
50 25.CO
50
filler
ui�b 37
50 3 7
A 7 rr 0 5
r, 0
�jjar
-o
,Ut b 37
.50 3 9 3"1
o -Loo-" 0 r:)5.00
U- r7,I
-1 ?
50
—IJO
50
Z5,7
10021. 50 25.00 0 7
0
50 Z7
'7 0
74L��-Illand
.,urb 0
iocA
0 1 a S DO
0 '3
C 0
101, 5 2z,.Oo
lurb
Z 7
o 10 2+5 00
37
7
ood 11 0
rb
50 r7
12 50
C;C,G C-
"urb
-CT RIDGY 7RCYTAGE -1 L:CT""
Highland ifr & I jo 13 1011 50 314.37
jurb 50 2E.00 QW07
TiEhland !no 20 14 101n 50 314.37
Gumb 50 25.00 329.37
TiQlanC irr A 15 101A 50 314.37
Mob, 50 25.00 33S. 37,
HiQ11A 1pr 5r 101A 50 314.31.7
our' 50 25.00 W1.311,
�{orm (2 of 4)
II.
The several sums above mentioned a
ss
e
s
s
e
d
ective-
said arcels of property and the owners thereof , resP
eight o� per
against P Ts fees and costs
ly together with intere�t`T�i nrreasonable attorneyts f and made a
cent per annum, f incurred-,
r declared to b
o _ collection, if incurred, are herebo erty against which the
li=;n upon the respective parcels liability
P P � and charge against the
same are assessed and a personal liability
real and true owners of such Property, whether such owners be nam�
Constitute a
heT�ln 0 nb and tie said 1teriS on which the ass-
ablegainst the p P
aramount lien there-
first and enforce d.cshallabe the first and P state , county
essment is levied, except 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 installmenfouduandrfipec-
tively on or before thirty days, one, two , three,
the City of
years after the date of cmsumsion assenaedacceptance
be bylnttrthe from
improvements , :- id theaid a
date of such completion and acceptance and until P rcti.; �va
annually with each installment, and P rin-
above provided', payable a ment of any installment of P
that if default be made in t e pwhole of the assessment upon which
cipal or interest when due, tion of the Mains Paving Company
default is made shall, at the op together
or its assigns, be and: become at once due and. payable,
if incur
costs ro erty shall
1 reasonable attorneys s that of su hcolleprope before
fired ; and. provided further tha
have the right to pay any or all of the said installments
ha b a meet of principal and interest accrued
maturity at any time , Y P Y
to date of payment.
III.
The. City of Vdichita Falls shall not be ianynabut-
a payment of any sums assessed against
Company and
manner liable for the P Y but the said Plai
tang property o such owners for payment ns Paving of the sums
r any owner,
its assigns shall look solely to su ex
erci
f its
ll
assessed;
but the City of yichita Falls shacollection oalsaid liens
lawful powers to aid in the enforeemen an thereof shall be enforced
and ersonal liabilities; and ifonefault shall be made or
and Burns P of said sums, collects
the payment of any ro esum by the tax collector and assessor Ofprovided
either by sale of the p P s possible in the manner
as near a� or,
the City of 'd��ichita calls, a tent of ad-valor ern taxes,
for the sale of property for the noanp or its assigns, the Payment
at the option of Plains Paving Comp
' d sums and .said liens.. and liabilities shall be enforced in any
of say
court having jurisdiction. .
IV.
ose of evidencing the several sums ass-
For the pure
eels of abutting property and the Ot�7ners thereof,
essed against said par
time and terms of payment, and to ald in the enforcemo�t.,iichita
and the the City
thereof, assignable certificates shall be issued by ` and attested
e completion and acceptance of the work hich certificates
Falls upon th the ,'Iayor in the name to
shall be executed by orate seal, and shall be payable
by the City Clerk with the corporate
and shall declare the said-
plains
Paving Company, and the rate of interest and the
amounts, time and terms of payment,
date of completion
Term 9 (3 of 4)
and acceptance of the improvements, shall conta.i__ the name of t'_�e
nor of prepert-, a aaccurately a,- possible, shall cc_ztain a C'_es•-
c lotion of the p .roperty by lot and block ntlimber or front fJet thc:1c -
C1 , or such ether Eo,--cripticn a may otlCr'.di`1e iC_entily Name ; an('
i f the property shall be b r an estate, then the t_escri,.tic_
thereof as so o Tncd s:nall be sa a.cic_Zt, or) if the name of the
be unknown, then to :co state tho fact' shall be sufficionit ar.C_ _:c cr-
rcr or mistake in, any propel ty, cr in eivin" the name ci
any owner, shall invaliC.ato cr in any prise impair any certifi.c-t;,, cr
at-y assessment levied by this ordina.ncc.
Said certificate shall provic'_e subctantiall r that if the
same shall not be paiC_ promptly upon maturity, them they shall be
collectible ivith reaser..ablc atter._riey' s fees and costs of ccllectior ,
if incurroC_, and shall also provide srbsta��ti ally that the amoulits
evide_iced thereby r T- be paiC. tc the Collectcr cf Taxes of the City
of "'lichit . 7alls, T ._.>as, who shall issue hic rccci-ot thercfe ,
receipt shall be evidence oz such payment upon ail-- derla,n(7. for sa-c. ;
and the Collector of Taxes shall Lo-ocsit the sums so received by him
forthwith with the City Treasurer to be kept anC_ held by him i _ a
separate funs' hereby designated as " POLY, STREET
Special Certificate Fund No. ; an(-
the Tax Collector upon_ such certificate, he shall upon presentation
to him of the certificate by the ccntracter or other I:_clder thereof,
endorse said payment thereon; and the ccncractcr or hcldcr of such
certificate shall be entitled to receive from the City Treasurer the
amount paid, upon, presenting to '_im such certificate so enC_crso,-, and
credited by the hole'er with the amount paid; ar_C_ such er_c.vrsement
anCL credit shall be the Treasurer' s warrant for making such parner_t.
Payments by the Treasurer shall also be roctipted for by the holC_er
of such certificate in writing, ar_d by the surrender thereof Daher: the
pZ Lncipal, together ,-iith accrue(: interest anC. all costs of collection
ante reasonable attorney' s fees, if incurreC_, have been paiC_ in full.
Said certificates shall further recite substantially that
all probeedings with reference to making such improvemor_ts have boo,-_
regularly had in compliance with law, and that all prepequisitcs to
the fixing of the arse-sment lien against the property C_c cribed in
such certificates and the personal liability cif the "owner have beer
regularly Gene and performed, anc, such recitals shall be prim:.1 facie
evidence of the facts so recite(' an(! nc further proof thereof shall
be required in ,any court.
Said certificates may have coupons attacheC_ thereto in evi-
c_ence of each or al- of the several ir_stallmont-s therccf,, or m:,fir have
coupons for each of -U-he first five installrlcnts, leaving the m i
tificate tc serve for the sixth installmentl which coupons shall o u
payable either to Plains Paving Company or its assigr-s o_, to Plains
Paving Company or bearer; arc. such coupons may be signor' ei t.aer v ith
the original or with the fac-simile signatures of the Pi: -cr an(' City
Clerk.
Saic' certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful po:vers when requester.
to Co so by the holder thereof to air' in the collection thorcof, and
may contain recitals substa_tially in accordance with the above as._
other ai'c:itional recitals pertinent or appropriate thereto , anE it
shall not be necessary that the recitals be in exact form set forth
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 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.
i
ASSED AND APPROVED this �J day of
ATTEST: Mayor
City Clerk