Ord 671 12/7/1925 of 4)
O�DII.'.;,'CE L JVYIT,TG ASSESC:i:ii NT FOr A PJLK
OF THE COST OF Il.d? OVI7'G :L PC- T"l0I' OF
AVENUE D ITT THE C TTY OF
i'dICHITA F:'a1S, T=AS, FII�IFG i AND
LIEN .1GAIFST .,OUTTIUG PROPERTY ,?T'D THE
O''NERS THEREOF, PROVIDIFG FOR THE COL-
LECTION OF ISUCH _kSS Z,`SiL'EITTS _ YD FOR TTTE
ISSUAITCE OF SSIGIT_IBLE CEIRTI ICATES.
BE IT ORD2JI7FD BY T_T7L BO_VRD OF .'�LDF31SIT
OF THE CITY OF WICEIIT_=i FALLS, T XAS, TWAT
MHEREAS, the Board of .:11CLormen of the
City of 'Wichita Falls, Texas, has hors-oforc by resolution Dassec
on the 28th day of September 19�5 , orLercc the improve-
ment of avenue D `y _ in saic_ City from its inter-
section with the east property line of Nonvoe Street
to its intersection With the .Vest prope�ty,_� � - 1 line
e o
Bell Street by rraising, gracing an�c:. fil1-ing same
a ns a in"", ccuc-
tc curbc anc. gubt-ers aiiC. paving with Two inch
sheet asphalt (Willite Process) or_ Five inch concrete ___.
iounC.a ion;a cn conTi-aciipr" tT-e na1�
ing anc construction o3'�succ improvements was let to Plains Pav-
ing Company; anc. the Engineer fileC. With the City roll or state-
ment showing sescription of the various parcels of abutting prop-
erty, the amounts to be assessed against each parcel of property
and showing other matters ar_d things; anc: such roll or statement
was examined anc: approves; and after Cue anc: proper notice , hearing
was held and has; and by resolution passed on the c_ay of
, 192 , all protests anc. objections acre
overrules: and e said hearing closes, anc.
7',HER E.,,.S all other matters and things necess-
ary ancCl prerequisite hereto have been cone ancL performod; anc' the
of Alcermen being of the opinion that the apportionment of the
costs hereinbelo% made ana 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, anc: is in ac-
corcance with law anc the proceecings of the City, ans` that the amount
hereinbelow sho<<,n and assesses'_ against such parcels of property Co not
in any case exceec. the benefits to such property in the enhances: value
thereof by means of such improvements, anc. that the assessments so
shown anc. mace Lo not exceeC the proportioi.s of costs properly charge-
able to such property unc.cr the lava and charter in force in this City:
THEREFORE BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF IjVICHIT i FAILS?
TF,XAS, TH.1T:
I.
There shall be anc is hereby levies. and ass-
essea against each parcel of property hereinbelow mertionec anc'_ against
the owners thereof the sums of money below mentioned and itemizes. al- _
the total amount set opposite the Cescriptior_ of each parcel of prop-
erty; the description of such property, the several amounts assesses.
against same, together with the total amount assesses., anc the name's
-
of the owners of such property so far as known, being as follows:
Floral Heights _Idd
NAI4M LOT BLOCK FRONTAGE �UIOUNT TOTAL _,UIT
C W Hedges 8 48 131. 7 �514. 82
Curb 131. 7 65.85 6580.67
C W Hedges 9 48 34.0 132. 91
Curb J A Curtin 34.0 17.00 149.91
Ralph De Shong 4Sub-div 48 87. 7 342. 82
Curb 87. 7 43. 85 386. 67
H J Bruce 3 48 65.9 257. 60
Curb 65. 9 32. 95 29C.55
Skinner Sub-division of IicCut-
cheon' s West End Addition
J P Carr 3 14 145 1/4 567. 78
Curb 145 1/4 72. 63 640.41
T G Fletcher E50It 5 6 14 50.0 195.45
Curb 50.0 25.00 220.45
A H Stone Pi50ft 5 &c 6 14 50.0 19. .45
Curb 50.0
25.00 220.45
J E Park b'145 3/4 ft 5&6 14 45 3/4 178. 83
Curb 45 3/4 22.87 201. 70
Eva Ingham Curtis Sub-div of Blk 64A, Highland
Beginning at My corner Blk 64A;
thence E 57f t; thence S 751 ft;
thence yq 96. 5 ft; thence northeasterly
85f
Curb t to ?lace of beginning 57.0 222. 81
57.0 28. 50 251.31
Form 9 (2 of 4)
II.
The several sums above mentioned assessed
against said parcels of property and the owners thereof, respective-
ly together with interest thereon at the rate of eight (B%) per
cent per annum, tog�,ther with reasonable attorney' s fees and costs
of collection, if ii: urred, are hereby declared to be and made a
lien upon the respective parcels of property against which the,
same are assessed and a personal liability and charge against the
real and true owners of such property, whether such owners be nam-
ea her@in or riot, and �� e said ieri5 ah�ll b� and Constitute a
first and enforceable claim against the property on which the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims, except state , county
and municipal taxes, and the sums so assessed shall be payable as
follows, to-wit:
In six equal annual installments due respec-
tively on or before thirty days, one, two ,. three, four and five
years after the date of completion and acceptance by the City of
said improvements, and the sums assessed shall bear interest from
date of such opmpletion and acceptance and until paid at the rate
above provided, payable annually with each installment, and provided
that if default be made in the payment of any installment of prin-
cipal or interest when due, the Whole of the assessment upon which
default is made shall, at the option of the Plains Paving Company
or its assigns be and become at once due and payable, together
With reasonable attorney' s fees and costs of collection, if incur-
red ; and provided further that the owner: of such property shall
have the right to pay any or all of the said installments before
maturity at any time,, by payment of principal and 'interest accrued
to date of payment.
III.
the City of Wichita Falls shall not be in any
manner liable for the payment of any sums assessed against any s-
ting property or any owner, but the said Plains Paving Company and.
its assigns shall look solely to such owners for payment of the sums
assessed; but the City of 1ichita Falls shall exercise all of its
lawful powers to aid in the enforcement and collection of said liens
and sums and personal liabilities; and if default shall be made in
the payment of any of said sums, collection thereof shall be enforced
either by sale of the property by the tax collector and assessor of
the City of YJichita Falls, as near as possible in the manner provided
for the sale of property for the non-payment of ad-valorem taxes, or,
at the option of Plains Paving Company, or its assigns, the payment
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,
and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates shall be issued by the City of 10fichita
Falls upon the completion and acceptance of the work which certificates
shall be executed by the Mayor in the name of the City and attested
by the City Clerk with the corporate seal, and shall be payable to
Plains Paving Company, or its assigns, and shall declare the said
amounts, time and terms of payment, and the rate of interest and the
,...ate of completion
Pc,rm 9 (3 of 4)
anL :acceptance Of the improvements, shall cclltai- the ii:.rjc of t11e
' i10r of propert;r as accurately as Poo iblo , sila.11 cc_ t a i tion of the rc�� in _ c_es-
p property by lot anc. block nambor or front foot there;.-
c)j- , or such cthor COr-cri0ticn as may ��t'_er,ri.-e i' 0rti:L'-,r tiame; anc,
it tie preporty s c 'h I be cE�.�_,,�_ by an estate j then the c_cseri..tl^ii
thorec ` as -so o�,rl.c,L '� 7.1 bG stilicic_1t cr, if tho name of trio r
b c t:_}jkrlGwi-, then -tc :�o �� +� �, '
Mato the fact shall be sufficient ar_c_
rcr or mistake ill
c,e:scribiii� any property o i .
airy ctirner shall ir_ y , or ii_ giving the name of
valiCate cr in a-,Iy v7ise irlpaiai any certific ato cr
arJ assessricr.t lcviec' by this orc.inarcc.
Saic. certificate shall provic_e substwrtia,ll-yr that if the
same shall not be pair_ prot:tptl-r upon maturity, then they shell be
cclloctible With reascn._able a-cter. ey' s fees 3.nc, costs of collect-' C-
if _,
incurrec_, anc shall also ;
evic eree� thereby �,- ��rovice sUbstai�tiall�r that the amouil-ts
Of may be pate. tc the Collector e Taxes of the City
�tichit^ Palls, Texas, who shall issue: his rocoipt thcz°efor, which
receipt shall be evic.cr_ce Gj_ such pa-rmc�
wr_c the nt upon . _: c,ct.lai>c for sar.lo ;
Collector of Taxes shall ( eoczit the sums so leccivcc, by
fcrthtn�ith with the C ty Treasurer to be kept any held by hint i_-_- hit
.rate func- hereby c esignatee. as " AVE RUE D
Special Certificate :und Ne . ,� T -;__._.
a_ c t _ie.1 an�r payr:�ient' sTa l=o-rig c c Te
the Tax Collector upon such certificate he shall upon pr e of ta,tion-
to him of the certificate by the ccntr-ctcr or other hc1Cer the:cccf,
encworse saic_ payr,.ei.t thereon; ar.L the cc 'ur.tictor or holCor of such
certificate shall be en.titloc, to receive amount pate , u f
aorom the City ;'reasurer the
_ presorting to him such certificato so ei1c_orsecL anC,
erec,itecL by the holc,er with the amount paic,; anc. such ei:lc,rr scment
anu erec,it shall be the Treasurer' s warraiat for makirC such payment.
Payments by the Trea.st?.rcr shall also be rocOiptec. for byT the holc_er
Of such certificate in r-iritin� , anc, by the surrenLer tr.crecf �aher� tlzc
Principal, togother v!ith accrues, interest an,. all cost",-, of collection
arl: reasonable attori.ey' s Ices, if incurrec'_, have been paid it full.
Sai4 certificates shall further recite substantially t'c ,L
all prcteec,irgs with rof;;ronce to makirr�
regularly has in cot�ipliace with lair ,such irtpz°cvemcnts h tivo
the i°ixii cf the ' assessmen anc that all pre}oguisitos to
t lier- against the prcpert-r C_occribec, in
such certificates anc: the perser_al liwbility cf the owner have beef.
regularly c:cno ar_c'_ perfcrmcc, anc, such recitals shall be
cvic.ance of the facts so recites'_ anc. no further proof thereof�shalle
be requires, in ^tzy court.
Saic' c.ertifica.tes may have coupons a '�c'_onee of each or all of the several irsty �ttaenec, thero in evi-
coupor allrzel�t� thereof, or rn - have
�s for each of the first, five installrlcnts,tificate to serve for the sixth irUtallmentl whichoeoupcnsyishallnbeei_
payable either to Plains Paving Company cr its assi�rr_s, c� to Plains
Paving Company or bearer- ��
ar_c such coupGns may be sin , , ,
cr�ginal or with the fac-simile c ' m th;� e,, e ' thor ti-�ith
Clerk. signatures of PiaJcr : i_c Cit-T
Saic. certificates shall further recite that the City of
f ichita Falls :hall exercise all cf itr la f ul pot�ea thee,
to CO so by vif requestoC
may contain reeitalsorsuhe ;o-L" tol dC- in the collectionz thereof, 11_
other ac_C.itio aal recitals portinent or appropriatein acccrC-ancc tt�1thorctG b.vc its
shall not be necessary that the recitals be in exact fc,,rs set fort
but the substance thereof shall suffice. h,
Form 9 (4 of 4)
FUZZ 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.
"he fact that the improvements herein mentioned
are being delayed pending the taking effect of this ordinance , '-. "
that the condition of said portion of street endangers the publLU
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 APPROVED this _.day of
192 .
ATTEST: Mayor
City Clerk