Ord 627 10/19/1925 4.
i
Form 9 (1 of 4) ,
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
Indian heights Blvd IN THE CITY OF
and Onaway Trail
WICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSIENTS 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 4th day of May J 2 i rdered the im-
provement of Indian hei s ght Blvd & "fin" s i 3 ly ct x G
abutting oe s 3,491J & Z*XXX= 10, Indian eights
*n¢x:t:tZX±Xt agKX++.; F=1 AELCLI ,lorl
by raising, grading and fi=ing same
and instal ing concrete curbs and cutters and pav°ng with one and
alY 1 inch Sheet As '� S�rcess� surface'" "-
inch —ftUhcTd111on;__and contract for the mak-
ing and construction 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-
erty, the amounts to be assessed a'-ainst each parcel of property
and showing other matters and things; and such roll or statement
was examined and approved; and after due and proper no cc, hearing
w s held and had; and by resolution passed on the day of
,192, E , all protests and objections were
overruled and the s ai hearing closed, and
WHEREAS all other matters and things nec-
essary and prerequisite hereto have been done and performed; and
the Board of Aldermen being of the opinion that the apportionment
of the costs hereinbelow made and set forth is in substantial pro-
portion to the benefits to the respective 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 hereinbclow shown and assessed against
such parcels of property do not in any case exceed the benefits to
�',,.ch 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
under 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:
1.
There shall be and is hereby levied and ass-
essed against each parcel of property hereinbclow mentioned and
against the owners thereof the sums of money below mentioned and
itemized and the total amount set opposite the description of each
parcel of property; the description of such property, the several
amounts assessed against same, together with the total amount ass-
essed, and the names of the owners of such property so far as known,
being as follows:
NAME LOT BLOCK FRONTAGE AMOUNT TOTAL AMT
Frank Kell 7 4 150 1330.55
Curb 150 75.00 $1405.65
Frank Kell 6 4 125 1108.79
Curb 125 62.50 1171.29
Frank Kell 5 4 12D 1064.44
Curb 120 60.00 1124.44
Frank Kell 4 4 110 975.73
110 55.00 1030.73
Curb
G R Pate 3 4 110 975.73
Curb 110 55.00 1030.73
S A Cochran 2 4 110 110 975. 73
55
Curb .00 1050.73
Frank Kell 1 4 125 1108.79
Curb 125 62.50 1171.29
Frank Kell 6 3 133 1179.75
Curb 133 66.50 1246.25
Bert Broday 5 3 159 1410.38
Curb 159 79.50 1489.88
Marvin Smith 4 3 . 159 1410.38
Curb 159 79.50 1489.88
F B Jackson 3 3 200 1774.06
Curb 200 100.00 1874.06
Horrace Robbins 2 3 195 1729.71
Curb 195 97.50 1827.21
Frank Kell 1 3 125 1108. 79
Curb 125 62.50 1171.29
Frank Kell 7 9 150 1330.55
Curb 150 75.00 1405.55
Frank Kell 6 9 100 887.03
Curb 100 50.00 937.03
Frank Kell 5 9 88 780.59
Curb 88 44.00 884.59
Frank Kell 4 9 75 665.27
Curb 75 37.50 702.77
Frank Kell 3 9 75 665.27
Uurb 75 37.50 702.77
Frank Kell 2 9 100 887.03
Curb 100 50.00 937.03
W E Maxson, 2nd 1 9 112 993.47
Ourb 112 56.00 1049.47
Frank Kell lA 3 125 1106.79
Curb 125 62. 50 1171.29
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 bo 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 pa .d 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 Mains Paving
Company or its assigns, be and become at onr. o 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 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 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 Palls upon the completion and acceptance
Of the work which certificates shall be executed by the IJlayor in
the name of the City and attested by the City Clerk with the cor-
porate s(Bal, and shall be payable to Plains Paving Company, or
its assigns, and shall dec.11re the said amounts, time and terms
of payment, and the rate of interest and the date of completion
Form 9 (3 of 4)
and acceptance of the improvomcnts, shall contain the name of the
owner of property as accurately as possible, shall contain a
description of the property by lot and block number or front feet
thereof, or such other description 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
nano 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 prompltly 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 thereby may be aij th the Col-
ioctor of Taxes of the City of Wichita Falls, Texns, who shall
issue his rccci t thcroforp which receipt shall be evidence of
such payment upon any demand for same; and the Collector of Taxes
shall deposit the sums so received by him forthwith with the City
Treasurer to be kept and held by him in a separate fund hereby
designated as ThM. n Heights Blvd & Onaway Tr&il4Special Certificate
Fund_ No. ; and when any payment snail Uo mad, to the tax Collector
upon sucE—ccrtificate, he shall upon presentation to hind 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 Treasurers 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
all costs of collection and reasonable attorney' s fees, if in-
curred, have been paid in full.
Said dertificatesnshall 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 to 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, leasing 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 coupons may be signed either with the original or with the
fac-simile signatures of the Mayor and City Clerk .
Said certificates s' all further recite
that the City of Wichita Falls shall exercise all of its lawful
Bowers when requested to do so by the holder thereof to aid in the
collection thereof, and may contain recitals substantially iD ac-
cordance with the above and other additional recitals oerti . nt
or ap_.ropriate thereto, and it shall not be necessary that t e
recitals be in exact form set forth, but the substance thereof
shall suffice.
Form 9 ( 4 of 4)
V,
Full pourer and levy re-assessments in
nny case, and to correct mistakes, errors, invalidities or ir-
regularities, either in assessments or cettificates issued in
evidence thereof, is in accordance with law, vested in the City.
INSK
INTRODUCED AND PASSED on its first reading
at a Regular Mouting of the Board of Aldermen on the day of
,192
a To-r
ATTEST:
Sty C er
PASSED on its second reading at a Regular
Voting of the Board of Aldermen on the day of ,
192
NATO
ATTEST:
City Clerk—
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
,192 y
Mayor
Attest:
City Clerk