Ord 639 11/2/1925 Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
TAFT IN THE CITY OF
WICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COI,-
1
LECTION OF SUCH ASSESSMENTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE 'BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 13th day of July ,192 5 , ordered the im--
provement of T-aft Stream n saiT-City from its inter-
section with the ;. outh property line of Avenue J
to its intersection with e Soutn property line o
Avenue L by raising, grading and fl=ing same
and installing c-S�ncrete curbs and gutters and paving with 2 inch
Sheet Asphalt (Willite Pvocessl on5 inch concrete
foundation; and contract or t e ma •
Tng---and constructlo7i of such improvements-was let to Plains Pav-
ing Company; and the Engineer filed with the City rollor state-
ment showing description of the various parcels of abutting prop- j
erty, the amounts to be assessed against each parcel of property
and showing other matters and things; and such roll or statement
was examined and approved; and after due and proper notice, hearing
was held and had; and by resolution passed on the 19th day c4'
October ,192 5 , all protests and ob ections were
overruled and. the saiT hearing closed,, and
WHEREAS all other matters and things nee
essary and prerequisite hereto have been done and performed; ar
the Board of Aldermen being of the opinion that the apportionme.
of the costs hereinbelow made and set forth is in substantial pry
portion to the benefits to 'the- respectivc parcels of abutting
property in the enhanced value thereof by means of such improve-
ments, and is in accordance with law and the proceedings of the
City, and that the amount hereinbelow shown and assessed against
such parcels of property do not in any case exceed the benefits to
such property in the enhanced value thereof by means of such im»
provements, and that the assessments so shown and made do not ex.
ceed the proportions of costs properly chargeable to such property
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
Y
There shall be and is hereby levied and A&&_
essed against each parcel of property hereinbelow mentioned and
against the owners thereof the sums of money below mentioned and
itemized and the total amount set opposite the description of each f
parcel of property; the, description of such property, the severisi ,
amounts assessed against same, together with the total amount asp
essed, and the names of the owners of such property so far as Irv '
Laing as follows:
NAME LOT BLOCK FRONTAGE AMOUNTTOTAL AMOUNT
T L McGee E50ft 1&2 83A 110 $742.01
Curb 110 55.00 $797.01
L I Bennett 3 83A 50 337. 28
Curb 50 25.00 362.28
Geo M Grooms 4 83A 50 337. 28
Curb 50 25.00 362. 28
C A Nauman 5 83A 50 337.28
Curb 50 25.00 362.28
T W Barnes 6 83A 50 337. 28
Curb 50 25.00 362.28
E P Barnes 7 83A 50 337.28
Curb 50 25.00 362928
H 0 Stephens 1 90A 50 337.28
Curb 50 25.00 362. 28
H E Kurtz 2 90A 50 337. 28
Curb 50 25.00 362.28
337. 28
S C Francis 3 90A 50 212XI
Curb 50 25.00 362.28
337. 28
Ben Corder 4 90A 50
Curb 50 25.00 362. 28
337.28
C L Erwin 5 90A 50 ZMZ9
Curb 50 25.00 362.28
337. 28
R W Seyler 6 90A 50 9SIXIS 38n
Curb 50 25.00 362.28
J R Terrill 7 90A 50 337.28
Curb 50 25.00 362.28
Lou M Sligar $ 90A 50 337.28
Curb 50 25.00 362.28
J R Bachman W50ft 13&14 82A 110 742.01
Curb 110 55.00 797.01
Anna Larkum 12 82A 50 337. 28
Curb 50 25.00 362. 28
E
i
T T Plummer 11 82A 50 337.28
Curb 50 26. 00 362. 28
R D Carter 10 82A 50 337. 28
Curb 50 25.00 362.28
B L Baits 9 82A 50 337. 28
Curb 50 25.00 362. 28
Beulah Davis Brunson 8 82A 50 337. 28
Curb 50 25.00 362.28
Ralph P Mathis 16 91A 50 337.28
Curb 50 25.00 362. 28
C A Leath 15 91A 5S 325:00 362. 28
Curb
NAME LOT BLOCK FRONTAGE AMOUNT TOTAL, AMOUNT
ZZ . 8
Lester A Higgins 14 91A 50 mju
Curb 50 25.00 3
W J Howard 13 91A 50 337. 28
Curb 50 25.00 362. 28
S C Francis 12 91A 50 337.28
Curb 50 25.00 362. 28
J M Colbert 11 91A 50 337. 28
Curb 50 25.00 362.28
J 14 Colbert 10 91A 50 337.28
Curb 50 25.00 362. 28
W P Jack 9 91A 50 337. 28
Curb 50 25.00 362.28
Form 9 (2 of 4)
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 o r not 'and the said lions shall be and constitute a
e d h r �. , .,
first and enforceable claim against the property on vvhich 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 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 of 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 timed by payment- of principal and interest
accrued to date of payment.
The City ofWichita Falls shall not bg' 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-
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 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 maiiner 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 enfaree r�n°t.--thereof assignable certificates shall be issued_
by the City of "Wichita Falls upon the c mple.tion and acceptance'
of the work which certificates shall beexecuted by the Mayor 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 declire the said amounts, time and terms
of payment, end the rate of interest and the date of completion
Form (3 of 4)
and acceptance of the improvements, shall contain the name of the
owner of property as accIrately as possible, shall contain a
description of the property by loft and block number or front feet
thereof, or such other descri.ptiorl as may otherwise identify
same; and if the property shall be owned by an estate, then the
description thereof as so owned shall be sufficient, or, if the
.name of the owner be unknown, then to so state the fact shall be
sufficient and no error or mistakein describing any property, or
in giving the name of any owner, shall invalidate or in any wise
impair any certificate or any assessment levied by this ordinance.
Said certificate shall provide substantially
that if the same shall not be paid prompitly upon maturity, then
they shall be collectible with reasonable attorney' s fees and
costs of collection, if incurred, and shall also provide substan.
tially that the amounts evidenced t.i.creby may be ;paid th the Cols
lector of Taxes of the City of Wichita Falls, Texas, who shall
issue his roccipt therefor, which rc;ceipt shall be evidence of
such payment upon any demand for same; and the Collector of Taxes
shall deposit the sums so received by him forthwI th with the City
Treasurer to be kept and held by him in a separate fund hereby
designated as "3Mian Hei hts Blvd & Onawa ra'ipecial Certificate
FLand No. ; and wlen any payment __shaal be made to the tax Collector
upon sue 'certificate, he shall upon presentation to him of the
certificate by the contractor or other holder thereof., endorse
said payment thereon; and the contractor or holder of such cer-
tificate shall be entitled to receive from the City Treasurer the
amount paid,� ' upon presenting to him such certificate so endorsed
and credited by the holder with the amount paid; and such endorse-
ment and credit shall be the Treasurer' s warrant for making such
payment. Payments by the Treasurer shall also be receipted for
by .the holder of such certificate in writingo and by the surrender
thereof when the principal;, together with accrued interest and
ail costs of collection and reasonable attorney' s fees., if in-
curred,, have been paid in full,
Said certificates shall further recite \
substantially that all proceedings with reference to making such
improvements have been regularly had in compliance with law, and
that all prerequisites to the fixing of the assessment lien against
the property described in such certificates and the personal liab-
ility of the owner have been regularly done and performed, and
such recitals shall be prima facie evidence of the facts Aso recited
and no further proof thereof shall be required in any court.
Said certificates may have coupons attached
thereto in evidence of each or all of the several installments
thereof., or may have coupons for each of the first five install.-
ments, leuving the main certificate to serve for the. sixth in,-
stallment; which coupons shall be payable either to Plains Paving
Company or its assigns, or to Plains Paving Company or bearer; and
such Qoupons may be signed either with the original or with the
fac-simile signatures of the Mayor and City Clerk
Said c-ertificates s'Ia11 ,further recite.that the City of V.1ichita -Falls shall exec-rise`-A11 of its 1atrr ul
powers when requested to do so by the holder thereof to aid in t'1e
collection thereof, and may contain recitals substantially in ac-
cordance with the above and other additional rccital.s oert )Ien t
or ap-propriate thereto) and it shall not be necessary that t'ie
recitals be in exact form 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 cot tifica,tes 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 Boar. of Aldermen on the day of
,19 2
Mayor
ATTEST:
- City er
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of
192
ayor
ATTEST:
City Mrrc
PASSED ON ITS THIRD AND FINAL READING at a -
Regular Meeting of the Board of Aldermen on the day of
,192
ayor
Attest:
City Clerk