Ord 652 11/16/1925 �t
Fc.rm 9 (1 of 4)
r� y '
ORDIK.'.iITCE LEVYIPG _1u.SESS;HZI�T 0::� r sRT
0 4' '-`1.11- C O ST OF Ii.L 1.OV I I-G _i FO ':T IO i' OF
KENESAW AVENUE IU TTZ CITY OF
ICHIT_� F_,,LL S, T-r �AS, Iy,IYG a C1 A 1Cli AYD
LIEN AGAIFI ;T .�BUTTITM FROFIE zmy .ITD T17]
01 Tl'2--10F, PROVIDIF0, FOR THE COL-
LECTIOiT OF SUCH � c_ �`.r_`' I-^l� AI`;I) FOR TYE
ISSUANCE OF :aSSIGi''_ 3LE C `icTIl IC_?iLS.
BE IT ORD_JN171D BY BO_0,D O �LDLIu �I
OF TI CITY OF IC
HIT_ F..'�LLS, �'I :_�S, THAT
t.�rHE LEAS, the BoarL of ._�ldori;,en of the
City of ':Fichita 1,.1_; : , Texas , has hero-ofore by resolution - as.-
on the 13th clay of July 192 5, orC.crer_ the impr -., _ -
r_�zent of-Kenesaw Avenue `^ -` �in s- lc-_ City from its intca:-
section with�the av ng one n` eet � _
to its intersection. Stith the �as�ur�_
�Ha.ys street by r . sir , �r'_ 11�S �_Zc_ il].ing same
ar..C: iriSt�l ing coilcrote curbs tl�- 'u cl�oi s "-'C `?vir V. th Two(B)R
i h Sheet Asphalt (Willif3e Process)o.� Five (5) inch concre" e—'
S% - _
o Z�ation; any_ ccri�cracc or Rio ci:�k-
ing and construction ion improvements Sias let to Plains Pav-
ing Company; anC 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 shouting other matters anc things; anc. such roll or statement
was examined anC, approvec; and alter cue anC_ proper notice , rearing
W- s held and haC,; anc by resolution passed on the Cay of
, 192 . 1 all protests and objections -tore
overrule a c� the said hearing closed, anc'
'O'HERD.- S all other matters and things necess-
ary anC, prerequisite hereto have been Cone ancL performer_; anc' the
Boars_ 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
enhancer_ value thereof by means of such improvements, anC_ is in ac-
corc_ance with law anC. the proceeCings of the City, anC_ that the amou»o
rereinbelow shoi,n and assossed against such parcels of property C_o list
in any case exceed the benefits to such property in the enhanceC_ valuc
thereof by means of such improvements , any; that the assessments so
shoran and made do n�_ ; exceeC. the proportions of costs properly c'- 1' e-
able to such property unC.or the law anC_ char ter in force in this
THEREFORE BE IT ORD_- .INED BY THE BO_0,D OF
ALDE1111MEN OF --'HE CITY OF •i ICTTIT-_'� F LLS:
T]KAS, THAT:
I.
There shall be anC_ is hereby levies: and ass-
esses' against each parcel of property horeinbelow mentionec and against
the owners thereof the sums of money Volout mentioned and itemized and
the total amount set opposite the C-escription of each parcel of prop-
erty; the description of such property, the several amounts assesses'
against same, together with the total amount assessed, anC_ the names
c. 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 attorney' s 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 v.,hich the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims, axcept state, county
and municipal taxes, and the sums so assessed ahsll be payable as
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
of said improvements, 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 attorney' s fees and costs cf collection,
if incurred; 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 bn 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 owne,rs 'for pay-
ment 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 lions 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 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 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 completion and acceptance
Of the work which certificates shall be e xecuted by the IVlayor 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 decIaLre the said amounts, time and terms
of payment, and the rate of interest and the date of completion
crm 9 (3 of 4)
ant. acceptance of the improvements, sli^11 cc:ntain the �_,wme of tlae
r r of prcport�r as accurately as s s. ,t
c�°iption. of the rcvert�T J ,p°��ible, �� all cc _���i:^, a c_es�
p by let ant b1cc1L iZr.moer or frcrt feet th<;lc-
oi or such cthel°
� as may same ; ant'_
1Z the prop erty sha.l_i_ be owI b G:_ r
an estate then the i_csc ;1 c "
tl.Lcrecf as so o:;-ncd a� '� =�3.1 oc saii.cicnt, cr, if t',c name of thc;
_cr
e Unknown, then to SO Ntaue the fact shall be SUffi0ient ant_ or-
rcr or mistake ill !:esGribi:.� a_,y �},�G'•1)e tJr, Cr ll^ E 1VlnF, the naR1C O:t
any owner, shall invaliC.ate cr Y wirse it pai: an-- cr
aj-y assessrlcrt leviot_ by this odina.,ce.
Said certificate; shall provic_e substantially that if the
same shall not be pa.ic_ proriptl-r upon maturity, then_ they sli all be
collectible with rcarcr._ablc a cter.=:ey' fees a,�,d costs of cello
ctic�_,
if incurret_, ar_d shall also praviC_e srbsta��tiall�r that the amounts
evic.e;lced thereby may be pair to the C� llec to cf Taxes of the City
of `Iichi.t�l Falls x zc;
, T%• as , who shell iss, his recei?)t therefor, ,'.rlJ_
receipt shall be evic_ence of suc"'i pa-rmcnt upon is
1 s aisle;
n(! _the Collectcr of Taxes shall C.epcsit -talc sums so reccivc c by hi.rj
i,- ._`U_Awith with the City Treasurer to be Dept and held by him 1__
zooarate funs: hereby t_esi-n�jtec: as " KENESA:W AVENUE
Special Certificate Fund. Nc. �1_
-: payme.n� u 1a 1 �r_aac_e Tc
the Tax Collector upon suchcertificate he shall upon pre,entatier.
to him of the certificate by the contract( r or ether iclL�er therooi,
enCorse said payr_ent thereon; ariE the cci-',- .,ctor or hole"cy of such
certificate shall be entitled to receive from the City Trosuror the
amount paid, u;DoV prece,_ting to 1,im such c ertificatc sc e,,C.crso,c anC_
credited by the holder with the amount p:a,iC_; ,,nL such Cil_c-DrscoMont
ancL credit shall be the Treasurer' s t�rarra_,t for makir: ; such, payment.
Payments by the Treasurer shall also be recoiptcd for by the holder
of such certificate in .aritinE, ant. bj- thc- surrender tl�.erecf when the
principal, together with accrued interest and all costs of collection
and reasonable attr, __ey' s foes, if it,currec., h vc b :cr_ pair_ in full.
Said certificates shall further recite subs, t)
all that)
�
prcteedirgs with referenco to making such ii_prcvement h:-vo bo-
regularly ha(. in compliaLce with la,7, and that all prerequisites to
the fixing of the a,sse-:sment lien_ against the rc
such certificates and the person al liabilityo f thetown o` cr ved in
regularly C_cne and erfornied n a er have beet.
p � any. much recital; shall be pi°ir,a facie
evidence of the facts so recited anC,. no further proof then ecf shall
be required in any court.
SaiC_ certificates may have coupons attached therotc in evi-
denee Of each or all of the several installr_icnts therooi, or mar have
coupo ns for each of the first, live installment,:, leavin the main cer-
tificate tc serve for the si tuh in:,t,_allment' w'nich coupons shall be
payable either to Plains Paving Coinpa.ny cr its assi"r_s fi o to F1- ir_s
Pati iilg Company or bearer; a,r_c. such coupons may be signet_ ei then ti itl
the original or with the fac-similo signatures o: thie P,r,-rcr Clerk.
Said certificates shall farther recite that the; City of
I ichita Falls shall exercise all of its lawful poiiers v-11cn reglest
to do so by the holc_er thereof to aid in the collection tl�ercof, aLL1C_
may contain recitals substantially in accordance with 'the above a.-
other ai,_(.itional recitals pertinent cr appropriate thocte , a1,C_ it
shall not be necessary that the recitals be in exact fora set forth)
but the substance thereof 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 cottificates issued in
evidence 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; Mayor
i ,y C er
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
ATTEST: Mayor
z y _alerrc
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
9192
Mayor
Attest;
y nerrc