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Ord 668 12/7/1925 Perm 9 (1 of 4) ORDIN.' CE LEVYI1`_G ASSES.`IrENT 707, A PART OF THE COST Or I1,.d?:','3x.OVIYG A PORTION OF BROWN STREET IF THE CITY OF OICHITA FALLS, TEXAS, FIZING A CHARGE A!:� LIEN AGAINST ABUTTING PTROF-_:`,7-cTY AYD THE OWNERS THERZOF, PROVIDIYG FOR THE COL- LECTION OF SUCH ASSESSLEKS AND FOR T17E ISSUANCE OF __'�',_- SIGNL'OLE C E-11TIFICATDS. BE IT ORD_';IITED BY T17,E BOARD OF ..'LLDEITU:EK OF THE CITY OF WICHITA FALLS, TMAS, THAT WHEREAS, the Board of AlGormen of the Cit7 of Wichita Falls , Texas, has horotofore by resolution Dasso,,' on the 7th day of September 1925 ,orLeret the improve- mOnt of grown Stre-eff------'­­' in s.,,i7 City from its intcr- section 1-TEVANFULI-Aro"- Ortv line of Avenue J to its intersection with the Sotth line Avenue L by-raising, graLing TO Tilling same and s on(5'r_(5 in c _ta,7urbi an? jutters an& paving with Two inch Sheet Asphalt lt (Willite "rocess) on Five inch concrete v lounta ion;ono con V T0-mak"I arc. construction o such improvements was let to Plains Pav- ing Company; ant the Engineer file& 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 any showing other mitters and things; and such roll or statement was examined ant aP. 'cveQ; and after due anL proper notice , hearin,�'- was held and had; and by resolution passed on the 30th ray of November 1905 , all protests ant objections were hearing closet, ant overrule ary and prerequisite WHEREAS all other matters and things necess- hereto have been Gone and performer'_; ant the Board of Aloormen 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 enhancet value thereof by means of such improvements, ant is in ac- cor?ance with law ant the procectings of the City, and that the amount hereinbelow shown an? assesset against such parcels of property Go not in any case exceed the benefits to such property in the enhance? value thereof by means of such improvements, an& that the assessments so shown ant made to not exceed the proportions of costs properly charge- able to such property unVer the law and charter in force in this City: THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS? TEXAS, THAT: I. There shall be ant is hereby levies: and ass- esses' against each parcel of property horeinbelow mentionett and against the owners thereof the sums of money V010w mentioned and itemized aaC_ the total amount set Opposite the description of each parcel prop- erty; the Gescripti n of such property, the several amounts asof sessec- against same, togatL r with the total amount assesses, ant the naF,�� Cf the owners of such Property so far as known, being as follows. NAME LOT BLOCK FRONTAGE )IIOUNT TOTAL A1PIOUNT E J Stump 'W110ft 13 & 14 83A 110 $717. 60 Curb 110 55.00 $772. 60 G 01 Clark 12 83A 50 326.18 Curb 50 25.00 351.18 R 0 Jonas 11 83A 50 326.18 Curb 50 25.00 351.18 N O Horning 10 83A 50 326.18 Curb 50 25.00 351.18 11 Finkler 9 83A 50 326.19 Curb 50 25.00 351.18 E S Cooke 8 83A 50 326.18 Curb 50 25.00 351.18 J L 0 t Gorman 16 90A 50 326.18 Curb 50 25.00 351.18 'i H Gilbert 15 90A 50 326.18 Curb 50 25.00 351.18 Highland I & L Co 14 90A 50 326.18 Curb 50 25.00 351.18 L T_ Slip , Curb ar 13 90A 50 326.18 50 25.00 351.18 H Z Biles 12 90A 50 326.18 Curb 50 25.00 351.18 Ruth Splawn Jennie Splawn 11 90A 50 326.18 Curb 50 25.00 351.18 Tom Cobb 10 90A 50 326.18 Curb 50 25.00 351.18 Irene Roseber-ry WlOOft9 90A 50 326.18 Curb 50 25.00 351.18 Frances Randolph 8 89A 50 326.18 Curb 50 25.00 351.18 Highland I & L Co 7 89A 50 326.18 Curb 50 25.00 351.18 C G Hester 6 89A 50 326.18 Curb 50 25.00 351.18 --oore F �`'A 50 326.18 Curb 50 25. 00 351. -C x°e 4. 891� 50 326.16 Curb 50 25.00 351.2.6 A H Douglas 3 89A 50 326 .18 Curb 50 25.00 351.18 T S Andrews 2 89A 50 326 .18 Curb 50 25.00 351.1.8 Albert Fin!.ler 1 89A 50 326.18 Curb 50 25.00 351.18 NAUM LLOT BLOCK FRONTAGE -'2 OUNT TOTAL AZIOUNT Amanda '�exlord S70ft 3 ?. 4 84A 70 $456. 66 Curb 70 35.00 $491.66 V� H Archer C50ft 3 J, 4 84A 50 326.18 Curb 50 25.00 351.16 T ,gym 01 Dell Tv50ft 3 J, 4 84A 50 326.18 Curb 50 25.00 351.18 A H Bedinghaus SE7OX70ft 1 84A 70 456.66 Curb 70 35.00 491. 66 Ada Conrey 1 less SE 70X70ft 84A 100 652.37 Curb 100 50.00 702.37 Form 9 (2 of 4) II. The several sums above mentioned assessed tive against said parcels of property and the ovrners thereof , r per ly together with interest thewith reasonable attorney' sn at the rate 6f u�fees2and.pcosts cent per annum, together with of collection, if incurred, are hereby declar�d a�ns�etraidChm�h� a lien upon the respective parcels of property g against the same are assessed and a personal liability and charge real and true owr.er, of such property, whether such owners be nam- �� heT�113 0 nod, an6 t1e said lien5 L � 1 bertydon�which the nstitute aa -- first and enforceable claim against the prop aramount lien there- essment is levied, and shall be the first and Dept state, county or_, superior t© all other liens and claims, as and municipal taxes, and the sums so assessed shall be payable follows, to-wit: _ In six equal annual installments, hree , uruandrfipvec tively on or before thirty days, one, two, three , the City of years after the date of them lotion and- acceptance c eptancearyinterest from said improvements, an acceptance and until paid at the rate date of such completion and llyv1ith each installment, and provided above provided, payable annually ment of any installment of prin that if default be made in t ep hole of the assessment upon which cipal or interest when due , company default is made shall, at the option of the Plains Paving p Y be and become at once due and payable , together or its assigns, is fees and costs of collection, if incur Cj reasoalable attorney owners of ro ert shall red ; and provided further oraa11hofthesaid installments before have the right to pay any rineipal and interest accrued maturity at any time, by payment of p to date of payment. III. The City of Wichita Falls shall not betinn any a ent of any sums assessed agbut- manner liable for the paym Company and or any owner, but the said Plains Paving of the sums ting property to such owners for payment its assigns shall _ 3 solely City of ! ichita Falls shall exercise all of assessed; but the lawful powers to aid in the enforcement f defaultc shall obesmade in ed and sums and personal liabilities, of said sums, collection thereof shall be enforced the payment of any sub the tax collector and assessor of either by sale of the property y ossi.ble in the manner provided the City of 1:'Jichita Falls, as near as of ad=valorem taxes, or, for the sale of property for the non-paymentment at the option. of Plains Paving Company, or its assigns, the pay 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- sed against said parcels of abutting property and the ovrners thereof, alg payment and to aid in the enforcement and the time and terms or pay the City of 'iiichitL4 thereof, assignable crtficatacceptanceshall eofs the dwork which certificates' Falls upon the completiony and attested shall be executed by the Iayor in the name of the City axle to by the City Clerk with the corporate seal, and shall be pay Company, or its assigns amounts, time and terms of payment, and shall declare the said- plains Paving p Y and the rate of interest and the date of completion rm 9 (3 of 4) and acceptance of the improvements, shall cc;htai ^ the n,,me of t_Ze .'rlCr Of prcpert-r ac accuratelz as Posciblc shall cc cription of the rcportz b� J �l ,i t. i _ ti c_es- p � � J J let anc bloc. 1h1_macr or f�=C t foot the 1c.- oi , or such other c_e cripticn as may ct: crsris.e iC_enti-l" same; a tc. i the Property shall be Cv!, e _ b;;r ar_ stato, then the "_escri. tiCli tL-crecf as se o .:ncd shall bo sui icic,ht cr if tl � .1 be nknown, then tc :,o Ctate the fact shall �bo sufficirontoanculheoce� r rC'r Or mi;take 11 C. cribiac,, any pro' po: tur, c:r l i �1V111� the nc1mG C f ai y owner, sh.a�ll LnvaliC.ate cr in any wise impair anr certific ai-y assoss n - mcnt levieC_ by this ordina ce. ` Said certificate shall provide subst vntiall7 that if the same shall e not be paid proi-,lptl�r upcll muturit;r, flier_ t eTr sl, ,ll b collectible ��iLih rcaccnablo a-cter_:_e�t' s fees ;nd costs o�: ccllecb if incurrec_, and shall also p rovid e substantially that the amou,h eviC�enced thereby may be paiC. tc the Collector C Taxes o Cf I' 'allu 1 the C�tyr ichit?. , T' pia , who shall issue hithere GY receipt shall be evic.er_cc C such pa-, upczh r -r Gh1c 2 for same; and the Collector of Taxes shall de�c r _L t.'c1c sums so 20ccivcC, by hii:1 forthwith with the City Treasurer to be ke-ot an,'- held by him i--separate furs- hereby C_Qsignated as: " Brown Street Special Certificate Fuz:d No. and 'liG:1 a`�1�r Fyn n s ��1�-F- mac=eTo, th.e Tax Collector upon such certificate, he shall upon precr_taticr. to him of the certificate by the contractor or ether ;folder thereof,, ere'orse said payment thereon; ar.E- the con cracter er holder of such certificate shall be entitled to the from the City Treasurer the amount paid, upo__ presenting to l.im such certificate so eihC.crsc credited by the helc.er with the amount paic_; arC. such c-i�drrsement^.Ylc_ aru credit shall be the Treasurer' s warrant for makirt Cueh payment. Payments by the Treasurer shall also be rcctipteC_ for by the holder Of such certificate in writing, anc' by the surrender tl�crecf valhen tlhc principal, together v-iith accrued interest and all costs Cf collection arc reasonable attorneys fees, if incurrec_, have been paid in full. 4aid certificates shall further recite subst-a.-tially that all prcbeeCings vjit'� rcforencc to makir-.g such imprcvemenis h, vc beep_ regularly had in ec- li.auce with lat°:�, c: anc: that all prepegrisitos tc the fixing cf the assc. sment lien against the prcpert`r _eccrib,tC _ such certificates and the perscr_al liability of the cwrer have boor regularly cone and performed, and such recitals shall be prima facie evidonce of the facts so recited and nc further proof thereof shall be required in ,arty court. Said certificates may have coupons attaches_ theretc, in evi- de).hce of each Cr all of the several ir_stallmentu ma.-r 1 coupons for each of the first five installrionto thereof, cr m: hove cer- tificate to serve for the si lth irs ,. leaviM the main 1 tallmentl �1�ich coupons shall be payable either to Plains Paving Company or its assiC;r_s c_- to Plains Paving Company or bearer; anc. such coupons may be si­_� �lhe original or with the fac�-simile signatures of the MayorrL7 Cull Cleric. Said certificates shall further recite that the City of fuichita Falls shall exercise all of its lavlful po:�ers when refit ester_ to Co so by the iclder thereof to aid in the collectic.h 'thereof, a_hc_ may contain recitals substantially ot:ier a' - r . ,_ in accCrcancc t:fith the above a,yhc_� c_itio_lal recitals, pertinent cr appropriate thereto , alic_ it shall not be necessary that the recitals be in exact form set - crtii, but the substance thereof shall suffice. Form 9 (4 of 4) FULL power and levy 2e-assessments in any case, and to correct i.iistakes, errors, invalidities or irreg- ularities, eitrler in assessments or certificates issued in evi- dence thereof, is in accordance with law, vested in the City. at a Regular INTRODUCED 11HI) PASSED on its first reading _p=eeting of the 7oard of _�'4lderi en on the 30th day of ifovember, 1925. _1:,TE` T: :t'ayo r Ciu: v erk the fact that the improvements herein men- tioned are being dblayed pending the taping effect of t=pis ordinance, and that the condition of said portion of street endgngers the public health and safety, constitutes and creates all urgent public necessity requiring th•-_t the rules providing that ordinances be read at more than one mretin, and for more than one time 'be suspended, and rep-airing that the ordinance be passed and take effect as an emergency measure , and such rules are accordin`Mly suspended and this ordinance is passed as an emergency riieast.re, and shall be in force and in effect immediately from and after i-: s passa,-;e. 1925. OV-;D this 7th da,y of Decembe_°, TI TEST: :E ay o r CitJr clerk