Ord 653 11/16/1925 r ;
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1'crm 9 (1 of 4 )
0 LDIl"',.1T,TCL LEV'YII•G A !rANI T
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--;E CO;T 0'� I? - CVIT'G PO': ' I /� 0�,
1.'.J_J..l I O 1
ILA.RRISON STREET ITT THL CITY OF
ICRIT_:i F_.I:LS, TEI::-�S, FI-II'TG .:i C-1-7 rTIj
LIEI .::GAITTIc T .iBUT TINE lY `-D iI
0;'IiERS T -LREOF, PROVIDIFG FOR T?TE C01-
LECTIOTT C1,1 SUCH c, ;,c c., E,FTS AND FOR TYE
ISSUAIC: OF !� SIGi:.`_ L% C'� TIFIC TLS.
BE IT O:TD-'�ITT_ D BY T-'-' 30A LD OF
OF TIT CITY OF 11"ICT-TIT_L FALLS, "7" S, TI—IAT
VHERT_:�S, the Bo arc. of _11C,ormen of the
City of fiehita .Falls, Toxas, has b,.l resolution passcC
on the 20th ray of April-
rlcn t of- pia i'son Stre€t 1925_, orc erec the irlprove-
ection cvi h the 10-ort _ S'=� City from its intcr-
p�r p r� line of Clarence Avenue
t0 its intersection. with the ou pro`ert�l�-- � line of
Avenue �'
at( r.!Ea 1,m t^ n __b J r .1.� lY S �;T(i,G..ln- �117C_ 1l .lrig Sa1TiC.'
,, co_�crote Club: _^.tip- Uu�tG1 T2C. `?vi,- � ,
inch vertical Fibre Brick g v.,i to Tree (5)
on Five O inch plain cohere e
....,_. Toun..ario-_;�,n�. conr.act er ��;__.-_�
ing anc. construction o such ii,�provcrlc�,' a mak-
ing Company; anC. the Engineer +�U ti`'as let to Plain- Pav-
rlent showing cescriptionofthelvariouh to City roll or s a,te-
t:.
erty, the amounts to be assesses agairstpeachlparcelboftprcppr -
ans showing other matters ar_c,. things; ar_c: such roll or statement
was examinee ar_C` apprcveC'; and after cue :anc proper notice , hearing
was hole and haC'.; anc by resouti.on pas seC, on tile of
` — protests rotest�cv r 192 anC_ ob jectior_s ;acre
ruleC arcs- e saiG heal lr�g all closes., anC-
s,HEREJ�.S all other matters anc: things r_ecess•-
ar�J anc prerequisite hereto have been cone anfL performer'_; anC, the
Boars of AlC'ermen being of the opinion that the apportionment of the
costs hereinbeloc, mace anc set forth is in substantial proportion to
the benefits to the respective parcols of abt_ttii <.
enhancer value thereon by means�of such improvers nts, oa�lrtislir_t1:c-
corc_ance ��aith law anc. the proceecings of the City hereinbelow shot°rn a aC' assosseC'_ against � � anc_ t' at the amour..t
in any case exeeeC: the benefits to suchcuch parcels of property C_o not
thereof by nzear_s of p10- Ij in the enhanco _ v��a-uc,
Duch improvements, anC_ that the assessments so
shoran anc'_ mace CO not exeeeCl the propo,�tiol s of costs properly ehar, c-
able to such property u_zs.or the lair anC, char-nor in fence in this City:
THEREFORE BE IT ORDAINED BY THE BO 'SRD 0:1-'
ALDLRI�1EItiT OF 11E CITY OF dIC??IT F-;-LLS:
T S, TIi_'1,T:
I
There shall be anC- is hereby levier anc ass_
esse(L against each parcel of Proper
the owners the the sums of meneyyael�4 1mb1ti�nec �janc riteiaiC. against
the total amount set opposite the cescription of each parcel of pro
erty; the cescription of such prcperty, the several amounts assesse�c
against same, together with the total amount assosseC., anc the narlies
cf the owners of such property so far as known, being as follows:
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 (8%) per
cent per annum, together with reasonable attorneys fees and costs
of collection, if incurred, 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-
ed herein or not, 'and the said liens shall be 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 o assessed ahll hepayable
except
and municipal taxes, and th
follows, to,wit:
In six equal annual installments due res�
pectively on or before thirty days, one, two, three, four and
five years after the date of completion and acceptance by the City
ofsaid improvementsp and the sums assessed shall bear interest
from date of such completion .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 principal 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 attarney' s fees and costs of collection,
if incurredl and provided -further that the owners 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 ba' in.
any manner liable for the payment of any sums assessed against
any abutting property or any owner, but the said Plains Paving
Company and its assigns shall look solely to such owners for pay"
meet of the sums assessed; but the City of Wichita 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, collect-
ion thereof shall be enforced either by sale of the property by
the tax collector and assessor of the City of Wichita Falls, as
near as possible in the mariner provided for the sale of property
for the nonpayment of ad-valorem taxes, or, at the option of
Plains Faving .Company, or its assigns, the payment -of said sums and r ',
said liens and liabilities shall be enforced in any court having
jurisdiction.
Iv.
For the prupose of evidencing the several
sums assessed against said parcels of abutting property andnthe
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 Wichita Falls upon the compi.e.tion and acceptance
of the work which certificates shall bee xecuted by the IVtayor in
the name of the City and attested by the City Clerk with the cor-
porate seal, and shall be payable to Plains Paving Company, or
its assigns, and shall decilre the said amounts, time and terms
of payment, and the rate of interest and the date of completion
rm 9 (3 of 4)
anC.. acceptance cf the improvements, slaa11 cct �
of property as accuratcl �. Po--GC, �� c�.il^_ the zi:;.r_;e of 't'r�
J ati iblo, shall cc 1tain C_es-
cription of the prcporty by lot and bled, lat .mbor or facEt ieGt th<;1 ;;.-
0,1 , Cr. such cth�; c_e.—c, i .tical as may ,
ti2e property shall be Cv!-cC_ r
Y t r;,i., 0 iC_cr ii ,r same ; anc.
U']crecf as se o ,,T1C b ar_ �..tate, then the r°.escri,tiol,
b �t}2kn os��1. c ^ �ll oc Lt Clieic< t, Or, if the ij,rmo of the c .
rcr , L, tLen tc to �c �.ao fact shall be sufiicion'
c
r mist -ke in i ,cam ibi� , t anc er-
J Ir�Gl', a_._y pa'C1aeI'tit, cr i.'- C.ivii-.v the na.mo C;:�
any '., shall il_
li. atv or l� u_'. lil;;e 1C." ai2r
ai y /
t 1GVie�- b r this orC_iraicc. Ce it lC�t
SaiC. certificate shall provic.e subst7ntiallT that if' the
same shall not be pair_ promptiv uoc,a maturit;r, then 1-1, t at if be
collectible with rcasc,,ablo -at-tcr`, r, r 1
e; f eC s :nC Cost c f collcctic�
i incurr;C_, an(! ;:hall also �r^viC_e s b� ,L;
eviC en:ced thereby „ay 1 tal_�_ ll r that the �moul is
T, be p<�iC: tc the Cc fleeter c 1: Taxes of the Cif,;
ci' `'ichitallU T . -aU
x.. , z-rho shall issue his roccipt triervfor , ti.11iich
receipt shill be evic-:er_ce
cl such pa�-rncl2t upon_ar_4 the Collector of Taxes slay L, fnr sane ;
forthwith with the C tz T, , cwll c epc,,it , xe sums, so reccivcC; by him
y -i ca:surcr to be ke?a-t anL held by
separate furs horeby C_csiznatec. as rr
Special Certificate x- ON STREET
anC r_1e12 a�,�T p ymcnt s la�l -c-rig C ego
the Tax Collector upon. such certi�ic�te he sla�11 t,.pcl, pre.el_tation
t-. 1ai r_7 of the certificate by the ccntra >
enc.orse said payr1aert thereon.; anc'. the cct uractcr or or �Oryhcic errolhsuch1
certificate shall be er_titlec', tc receive from the City Trc asurer tl e
amount paiC., upo_ presel2tin� to '=irn such Cer L r creC.itec by tifica�c Nc el,c,-crseC ^.nC
the holder with the amount- paic.; an_c- such erc.rr� ,,,,t
an,1L credit shall be the Treasurer' s T� "cm` ��
Payments by the TreasLirer shall s sae _ c for making ucll pa�n_aer_U.
also be rec iptec. for p t the holC_er
Of such certificate in riritinC;, anc by the surrenc.er thcrecf when: '
Principal, tog other ,, ' t,ae
P other itn acerueC` interest an,' all cost€; Of collection
ans. reasonable attorney, s foes, if incurrc-C_, Dave been pair'_ in full.
Said certificates shall further recite substalatiallJ that
all prcbeeciiiago with roforcnco to making such ii__proveme:a,c.� havo beef_
re ularly has in co �?1i cc d�ith lata w the s'ixin cf the a essmerl Cc that C�11 prey egu.isites to
such certificates aiac. the personal�liabi the er the
c_etieribed
regularly C_cne anc', liability of tic e`-rner have;perforrne, , any such recitals shall be
eviC-once of the facts so prima facie
recites. and no further proof thereof shall
be requires. in �w,a�, court.
Saic. certificates may have
deface of each or gall of the severalir_�upol.s attaches. �hclotc in evi-
coupors fer each of the first :five insta111ent:�U leavi�1 +y,l, 2�vc
tificate to serve 'or the sixth ins ; ' uhc main cer'-
Payable either to Plains P.avin Coi<,tarlmelztl J __ich coupc:ns shall be
Pavia; Company or bearer; g P Y r it , ssi� ns o " to Plains
the crim , ar_C. such cou.3ons may be siC;nlc. Gi tlaer t,ith
�in�l or with the fac-simile signatures c the Jcr :,anc. Cit�r
Clerk.
SaiCc certificates Shall further recite ,,b,, ,,
Wichita Falls c
hall exercise ^11 of its l� that the City of
to CO so by �tilful powers �+Then rega esteC_
the hclC.er thorec to aiC in the collecticla thereof,,
,nay contain recital4 subs,al2tiall�r ,
other a'C.itional recitals pertinent cr approCriatettit ere cc �bve a ,r
shill not be necessar p t- C it
y th«t the recitals be in exact form set -�ortl,,
but the substance th;;reci' shall suffice.
Form 9 ( 4 of 4)
V.
Full power and levy re-assessments in
any case, and to correct mistakes, errors, invalidities or ir-
regularities, either in assessments or cebtific�4tes issued in
thereof, is in accordance with law vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meeting of the Board of Aldermen on the day of
,192
ATTEST; yIayor
i y C er
PASSED on its second reading at a Regular
Tdleeting of the Board of Aldermen on the day of
9
192 .
ATTEST: Tvayor
City C erk
PASSED ON ITS THIRD AND FINAL READING at a
Regular T.teeting of the Board of Aldermen on the
day of
,192
ayor
Attest:
z y 7 7, rk