Ord 672 12/7/1925 Form 9 (1 of 4)
ORDIN.' CE LEVYIFG _�SSESSI,=T FOr A PART
OF THE COST Or Ii. 'ROVIYG 1 PO MON OF
BELL STREET IN THE CITY OF
WICHITA FALLS, TETAS, FIZING A CHAaGE AND
LIEN AGAIYST ABUTTING PROPERTY AYD THE
OWNERS TI LREOF1 PROVIDING FOR THE COL-
LECTIOTV OF SUCH AYD FOR TFrE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF LLDLRI�Iy
OF THE CITY OF WICHITA FALLS, TZ SAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls , Texas, has heretofore by resolution pas,,:;__
on the 28th day of September , 1925,orcerec' the improve-
ment of—Bell Street in said_ City from its intcr-
ection with the Forth proper y line of ?venue E _
to its intersection with the North -0ro�ert��_; l� line of
Avenue D by raising, grating anc ilting same
—Twith an installing concrete R-lFbs and gutters ant paving; d��i Two
inch Sheet Askalt (Willite Processhn Five inch concrete
�.ounLa`tion;a contrac� 'or'THO
ing ant construction of—such improvements was let to Plains Pav-
ing Company; and the Engineer filed. with the City roll or 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; an` such roll or statement
wn8 examinee. ap? approved; and after Coe and proper notice , hearing
was held and had; and by 'resolution passed on the �Gay of
, 192 , all protests and objections were
overrules: and the said hearing closet:, and
S, EAS all other matters and things necess-
ary and prerequisite hereto have been cone ana performed; ant the
Board of Aldermen being of the opinion_ that the apportionment of the
costs hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in the
enhances' value thereof by means of such improvements, and is in ac-
corcance with law and the proceedings of the City, and that the amount
hereinbelow shown and assesses'_ against such parcels of property Go not
in any case exceed ,he benefits to such property in the enhances' value
thereof by means of Luch improvements, anc that the assessments
shown ant mate to not exceed the proportions of costs properly ch—rJe-
able to such property unter the law and charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BO-IR.D OF
ALDERMEN OF "!HE CITY OF WICHITA FALLS:
TEXAS, THAT:
:
T.
There shall be ant is hereby levied and ass-
esses' against each parcel of property hereir_below mentioned and against
the owners thereof the sums of money Uelow mentioned ard itemizes' anc-
the total amount set opposite the cescriatior_ of each parcel of prop-
erty; the description of such property, the several amounts assesses
a, ,inst same, together with the total amount assessed, ant the navies
of the owners of such property so far as known, being as follows:
TS LI'iF, LOT BLOCK FRONTAGE 41JOUNT LOT-.L ALIOUET
J I Childers 4 15 53.5 $304.52
Curb 53.5 26. 75 3331.27
H E Harrison 3 15 53. 5 304.52
Curb 53. 5 26. 75 331. 27
M IN Rollins 2 15 53.5 304.52
Curb 53.5 26. 75 331.27
kI T; Rollins 15 53.5 304. 52
Curb 53. 5 36. 75 331.27
R Baggerly 4 14 53. 5 304. 52
Curb 53. 5 6. 75 331.27
J P Carr 3 14 53. 5 304. 52
Curb 53.5 26. 75 331. 27
J T,,I Childers 6 11 53. 5 304. 52
Curb 53. 5 26. 75 331. 27
Grady Taylor 5 Il 53. 5 304. 52
Curb 53.5 26. 75 331. 27
J Childers 8 12 53.5 304. 52
Curb 53. 5 25. 75 331. 27
L D Powell 7 12 53. 5 304. 62
Curb 53. 5 26. 75 331.27
S HTilkerso n 6 12 53.5 304.52
Curb 53. 5 26. 75 331.27
G B Harrison 5 12 53.5 304. 52
Curb 53. 5 26. 75 331. 27
F0 M of 4)
II.
The several sums above mentioned assessedrespective-
ly said parcels of property and the owners thereof ,
eight (8 0) per
together with interest thereon at the rate 6f eight and costs
cent per annum, together with reasonabldeclaredeto be and made a
of collection, if incurred, are hereby ainst which the
lien upon the respective parcels of propertty y
charge against the
same are assessed and a p pia whether such owners be nam-
real and true owners of such property,
et hup3in op Fiot, anA t� e said lie115 ��n� � berty o and n which the aass
-
first and enforceable claim against the prop aramount lien there-
is is levied, and shall be the first an except state , county
on, superior to all other liens and claims, payable as
and municipal taxes, and the sums so assessed shall be.
follows, to-wit:
In sip: equal annual installmenfourdue
andrfipvec-
tively on or before thirty days, one, two , three, the City of
years after the date of
themsumsion assessedcchallnce bearyinterest from
said improvements, aid at the rate
date of such bompletion and aceeptytheeach installment, and provided
above provided, payable annually payment each
any installment of prin-
that if default be made in the pay
cipal or interest when due, the whole of
theePlainssPavingpCompany
default is made shall, at the option together
be and become at once due and payable,
or its assigns, if incur
that the owners of such property shall
reasonable attort�yes fees and cost of collection,
before
red ; and provided far
have the right to pay any or all of the said installments
maturity at any
time, by payment of principal and interest accn�
to date of payment.
III.
The City of Wichita Falls shall not
ain in an
n d against abut-
mariner liable for the payment of any sums assesse
tin property or any owner, but the said Plains Pal ofCompany and.
g p to such owners for payment
its assigns shall look solely
assessed;
but the City of !Wichita Falls shall exercise all of its
the enforcement
aid
lawful powers to aid in rCeandt n collection
ifdefaultshall°besmadelinnJ
and sums and personal liabilities,
payment of any of said sums, collection thereof shall be enforce
the pay sub the tax collector and assessor of
either by sale of the property y possible in the manner provided
t-le City of ,'�aichita halls, as near a� of ad-valorem taxes, or,
for the sale of property for the non-paymentr its assigns, the payment
at the option of Plains Paving Company,
of said sums and said liens and liabilities shall be enforced in any
court having jurisdiction.
IV.
For the purpose of evidencing the several sums ass-
essed against said parcels of abutting property and the owners thereof ,
g payment, and to aid in the enforcement
and the time and terms of pay by the City of ��Iichit _
thereof, assignable landtacceptancees shall eofs the dwork which certificate::,
Falls upon the completiony and attested
shall be executed "y the Kayor in the name of the City Clerk ti�ith payable to
the corporate seal, and shall be pay
by the City and shall declare the
Plains Paving Company, or its assigns,
d the rate of interest and the
amounts, time and terms of payment,
an
date of completion
Term 9 (3 of 4)
arCl acceptance cf the imprcvcments, shall eclltai._ the n_mc �)l the
-r of prcpert r as accura.tcly a;. possible , shall cc.ntain c_es•-
cr _ption of the property by lot anc. block number or front foot thc;i c,•-
r such cth :T' C-o! c]'i Mien as may �t iel"'Tlr•e il'_entily saTT1G ; ant
it the property shall be coulee: b_;r an ostato , thou the
thereof as so OFa1GC. s'-all be sui iciont, or , if the name of the c`:ii"tC:o
be unknown, then_ tc so state tho fact shall be suffieier.t ans_ _ c er-
rcr or mistake ill !.escribiiig any property, cr in € ivin�; the nariac ci
any owner, shall invali�.ato or in any wise irLpair any certificate cr
,vl-.y <a ssossmont levioc_ by this orC inancc:.
Sai(l certificate shall provic_e substantiall-T that if he
sai,iie shall not be pail_ promptly upon m�-Aurity, then they shall be
collectible with reasonable attorney{- fees a.-nE cost c:f colleen cr_,
i incurreC_, anc. sh ,.11 also provic e st;bstanti lly that the amoulits
evice.ncoot thereby i: - be pas.C. tc the Collector ci taxes of the C� -r
of Wichit, Falls, Texas , who shall issue hi:, rocc,i-ot therefoi , 7
receipt shall be evic:enec 01 such pa,-)Tmcnt upon r_- eria.nc -'Cr sa.rqo ;
ar_C, the Collector of saxes shall c epcsit the surcis� so 1:ecci.veC. by him
forthwith with the City Treasurer to be kept anc' held by him, il-1 La
so-narate funs hereby s_esi-natec. as TTBELL STREET
Special Certificate FunC. No. ; anc:- payrn.x 0 all�e-ri g e`To
the Tax Collector upon_ such certificate, he shall upon pre:cr_ta,ticn
tc him of the certificate by the contractor or cther icic.cr thelecf,
enc'orse sail. payment thereon; art(' the cen_cractcr or hclC.cr of such
certificate shall be entitles, tc receive from the City Treasurer the
amount paic_, upo_� presenting to l:im such certificate so enC.crsoL anc-
credited by the hclC er with the amount paiC_; an_E such er_c.ursement
ar.,C. creCAt shall be the Treasurer' s warrant for makin.E toed payrier_t.
Payments by the Treasurer shall also be roctiptec. for by the holc_er
of such certificate in writin , anc. by the surrenc.er thereof when the
principal, together d-rith accrues! interest an,.. all costs of collection
ana reasonable attorney' s fees, if in curreC_, have been pail_ in full.
Said certificates shall further recite substantially that
all prcteec.ings with roferenco to making such improvements have been
regularly has. in complia)ace with lair, anc, that all prerequisites to
the fixing of the assessment lien, against the prepert-7 c,_occribeOl in
such certificates anc' the personal liability cf the Cvzncr have been
regularly Lone ar_c, performer,, anc! such recitals shall be prirla facie
ovidence of the facts so recites'_ an(! no further proof t'.creof shall
be r equirec' in ; ny court.
Saic_ cert " ficates may have coupons attaches_ thereto in evi-
Conce of each or .11, of the several installments thereof, or m° - =Inc;
coupons for each of the first, five installrlents, leavir. the i-aal . � -
tificate tc serve for the sixth installmentl which coupons shall be
payable either to Plains Paving Company or its ssigns, o_, to Plains
Paving Company or bearer; ar_C. such coupons may be signor either with
the orj, final or with the fac-simile signatures of tho Ka7lrcr Mr _ City
Clerk.
Saic. certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful powers v,:11en regr.estoC-
to Co se by the hels_er thereof to air. in the collection thcroof,, a.nc_
may contain recitals substantiallir in accorCalicc with the above a.--,,'-
other ailC.itional recitals pertinent cr appropriate thereto , anC_ it
shall not be necessary that the recitals be in exact forr,i set -fortis,
but the substance thereof shall suffice.
T'orm 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, nd such rules are accordingly suspended and
this ordinance is passed as an emergency measure, and shall be
force and in effect immediately from and after its passage4
PASSED AND APPROVED this ,day of
192 .
ATTEST: Mayor
City Clerk