Ord 624 9/28/1925 orm 9 ( 0 4) _ /�,,�•�.� GHQ-�-'`s""Q." '
ORDINANCE LEVYING ASSESSMENT FOR A PART `
OF THE COST OF IMPROVING A PORTION OF
Se t IN THE CITY OF
CHITA FALLS, TEXAS, FIXING A CHARGE AND
EN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSMENTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
-„ , CITY OF WICHITA FALLS, TEXAS, THAT
EAS, the Board of Aldermen of the
City of Wichita Fall T s,. has heretofore by resolution passed
on the 1st day f June 1,192 5 , ordered the im-
provementt f Scott e n saiT-City from its inter-
section with t e en a line of Sixth Street
to its intersection wi e n er line o
Second •y aising, gra ing an fi ing same
and installing concrete curbs nd gutters and paving with one course,
six and one-half (6-f' L inch inforcedn concrete
an contract for t e male
ing and construe ion of sue ovements was let to Plains Pav-
ing Company; and the Engineer led with the City rollor state-
ment showing description of t e various parcels of abutting prop-
erty, the amounts to be asses ed a nst each parcel of property
and showing other matters an ings, and such roll or statement
was examined and approved; and after e and proper notice, hearing
was held and had; and by resolutio p sed 3-�' ` day of
'1 ,ft_ 4, ,:�._,- ,192 , all rotes and b j ect ns were
overt" and"the s ai- hear
ing clo ed, d n
WHEREAS all oth matt s and hings nec-
essary and prerequisite hereto have been done nd formed; and
the Board of Aldermen being of the opinio th t e apportionment
of the costs hereinbelow made and set forth in su tantial pro-
portion to the benefits to the respective pare s ab ting
property in the enhanced value thereof by means such i pro
meats, and is in accordance with law and the pro din of
City, and that the amount hereinbelow shown and a sessed ag, ns
such parcels of property do not in any case excee the bone its to
such propert e enhanced value thereof by mea of su im-
provemend th t the assessments so shown and ma d x-
ceed the proporti s of costs properly chargeable to s operty
under the law and cha ter in force in this City:
THE ORE BE IT ORDAINED BY E BOARD OF
EN OF THE CITY OF WIC TA FALLS,
THAT:
There al e and ' s he e d and ass-
essed against each parcel of propo ty here e o QAe and
against the owners thereof the sums of mon o ed and
itemized and the total amount set opposite the d escriptio of each
` parcel of property; the description of such property, the s veral
amounts assessed against same, together with the tota t ass-
essed, and the names of the owners of such prop so far as known,
being as follows:
3
MUM LOT BLOCK FRONTAGE IOUNT TOTAL 4�T
G W Kinard 1 102 50 �,�505.57
Curb 50 20.00 525.57
G 1 Kinard 2 102 50 505. 57
Curb 50 20.00 525.57
Chas Locke 3 102 50 505. 57
Curb 50 20.00 525.57
Jessie E Scott 4 102 50 505. 57
Curb ±29 50 20.00 525257
u1 T. Wroblewski 5 2 N3ft 6 102 53 535.90
Curb 53 21.20 557.10
F l.. 4:.eKinley S47ft 6 102 47 475.24
Curb 47 18. 80 494.04
F 1, T�IcKinley 7 102 50 505. 57
Curb 50 20.00 525.57
J S Beard 1 117 50 505. 57
Curb 50 20.00 525.57
J S Beard 2 117 50 505. 57
Curb 50 20.CC 525 . 57
J S Beard 3 117 50 505. 57
Curb 50 20.00 525.57
J S Beard 4 117 50 505. 57
Curb 50 20.00 525. 57
J S Beard 5 117 50 505. 57
Curb 50 20.00 525957
J S Beard 6 117 50 505. 57
Curb 50 20 .00 525. 57
J S Beard 7 117 50 505.57
Curb 50 20.00 525.57
R W Hardesty E z 1 126 50 505. 57
Curb 50 20.00 525.57
Jim Mayo 2 126 50 505.57
Curb 50 20.00 525. 57
Ivy Fowler 3 126 50 505.57
Curb 50 20.00 525257
?. Scott 4 126 50 505. 57
Curb 50 20.00 525.57
T, C Carter 5 126 50 505. 57
Curb 50 20.00 525.57
:. 1L, Adickes E 2 6 126 50 505.57
Curb 1: 50 20.00 525. 57
1`t I-.'- Ad.i ck e s E 2 7 126 50 505. 57
Curb 50 20.00 525. 57
Trlrs Jacob Eisler 1 141 50 505. 57
Curb 50 20.00 5?5.57
H L T:rlcGreor 2 141 50 505. 57
Curb
50 20.00 525. 07
TT_�1E LOT BLOCK FROITAGE 2 'IOUNT TOTAL AIJOUNT
J B Illarlow 3 141 50 505.57
Curb 50 20.00 525. 57
T,irs Lutlisa Meyers 4 141 50 505. 57 525.57
Curb 50 20.00 fff&tkY�
R A Taylor N45f't 5 141 45 455.01
Curb 45 18.00 473.01
C A ThoBnberry S5ft 5 &
N ? 6 141 30 303.34
Curb .30 12.00 315.34
Jacob Eckert Sz 6 all 7 141 75 758.36
Curb 75 30.00 788.36
L E Hughes 27 103 25 252. 79
Curb 25 10.00 262. 79
L E Hughes 28 103 25 252. 79
Curb 25 10.00 262. 79
Esther Loevy 26 N2 25 103 37.5 379.18
Curb 37.5 15.00 394.18
C H 'Wittenbach 24 S2 25 103 37.5 379.18
Curb 37.5 15.00 394.18
Guy Gilbert 23 103 25 252. 79
Curb 25 10.00 262. 79
Guy Gilbert 22 103 25 252. 79
Curb 25 10. 00 262. 79
G W Kinard 21 103 25 252. 79
Curb 25 10.00 262. 79
G W Kinard 20 103 25 252.79
Curb 25 10. 00 262. 79
G tT Kinard 19 103 25 252. 79
Curb 25 10.00 262. 79
C H Swatzel 18 103 25 252. 79
Curb 25 10.00 262. 79
C H Swatzel 17 103 25 252. 79
Curb 25 10.00 262. 79
F J Hill 16 103 25 252. 79
Curb 25 10.00 262. 79
F J Hill 15 103 25 252.79
Curb 25 10.00 262. 79
Lester i.�-eyer 28 116 25 252.79
Curb 25 10.00 262. 79
Lester P; eyer 27 116 25 252. 79
Curb 25 10.00 262.,79
J T James 26 116
5 g
Curb 216� 0 262. 79
N?111E LOT -BLOCK XXXZX= OITTAGE 4T?OUNT TOT_a 9 T
J T James 25 116 25 252.79
Curb 25 10.00 262. 79
Mary L Idou 24 116 25 252.79
Curb 25 10. 00 262.79
11'ary L Idou 23 116 25 252. 79
Curb 25 10.00 262. 79
Lary L Idou N22ft 22 116 22 222.45
Curb 22 8. 80 231.25
C H 17ittenbach S3ft 22 all 21 116 28 283.12
Curb 28 11.20 294.32
J 'T Harrell N8 1/3ft 19
all 20 116 33 1/3 337.01
Curb 33 1/3 13.33 350. 34
G IN (handler S16 2/3ft 19
1116 2/3ft 18 116 33 1/3 337.01
Curb 33 1/3 13.33 350.34
J T Harrell S8 1/3ft 18
all 17 116 33 1/3 337.01
Curb 33 1/3 13. 33 350.34
J I Harrell 16 116 25 252. 79
Curb 25 10.00 262. 79
J `i` Harrell 15 116
Curb 25 252. 79
25 10.00 262.79
C S Fewton 28 127 Curb 25 252. 79
25 10.00 262. 79
L H Barclay 27 127 25 252. 79
Curb 25 10.00 262. 79
Lat tie L I,icCoy 26 127 25 252. 79
Curb 25 10. 00 262. 79
Hattie L I;TcCoy 25 127
25 252. 79 Curb
25 10.00 262.79
L T Burns 24 127 Curb 25 252. 79
25 10.00 262. 79
L 'T Burns 23 127 Curb 25 252. 79
25 10. 00 262. 79
G A Hoge 22 127 Curb 25 252. 79
25 10.00 262. 79
G A Hoge 21 127 25
Curb 252. 79
25 10. 00 262. 79
I Schuster 20 127 Curb 25 252. 79
25 10.00 262. 79
I Schuster 19 127 25 25 Curb 2. 79
25 10.00 262. 79
Zena Schuster 18 127 25 252. 79
Curb 25 10.00 262. 79
Zena Schuster 17 127 2
Curb 5 252. 79
25 10.00 26 2.79
NAME LOT BLOCK FRONTAGE MvrOUNT TOT as, !MOUNT
IVI A & A Yarcus 16 127 25 252. 79
Curb 25 10.00 262. 79
PSI A &: A I'larcus 15 127 25 252. 79
Curb 25 10.00 262. 79
JacIb Ezkert 7,100ft 14 140 50 505.57
Curb 50 20.00 525. 57
:`-ary i"ikckley Estate VaOOft 13 140 50 505.57
Curb 50 20.00 525. 57
R R Johnson 12 140 50 505. 57
Curb 50 20.00 525. 57
Marie Burns 11 140 50 505.57
Curb 50 20.00 525.57
H C Zuecke 10 140 50 505. 57
Curb 50 20.00 525. 57
Myles O'Reilly 9 140 50 505. 57
Curb 50 20.00 525.57
Myles O'Reilly 3 140 50 505.57
Curb 50 20.00 525. 57
Form 9 (2 of 4)
TI.
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 bu and constitute a
first and enforceable claim against the property on thich the ass-
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims, oxcept 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, threes 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 liab'.e 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 pays
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 Lor:..
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 compl.e..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 declAre 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 improvements, shall contain the name of the
owner of property as accmrately as possible, shall contain a
description of the property by loft and block number or front feet
thcrcof, 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
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 prompltly upon maturity, teen
they shall be collectible with reasonable attorney' s fees and
costs of collection, if incurred, and shall a!_so provide substan-
tially that the amounts evidenced thereby may be paid th the Col-
lector of Taxes of the City of Wichita Falls, Tex^s, who shall
issue his receipt therefor, which receipt shall be evidence of
such payment upon any demand for same; and the Collector of Taxes
shall deposit the sums so reeoived by him forthwcbth with the City
Treasurer to be kept and held by him in a separate fund hereby
designated as "BBB Sccvft StRVOt "Special Certificate
FLind No. ; and when any payment shall be maF17 to the tax Collector
upon suc7-certificate, he shall upon presentation to him of the
certificate by the contractor or other holder thereof, endorse
said payment thereon; and the cont:actor 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 writing, 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 Oertificates.lshall 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 so 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, leering 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 CitT Clerk.
Said certificates s'.aall further recite
that the City of Wichita Falls shall exercise all of its lawful
Mowers when requested to do so by the holder thereof to aid in the
collection thereof, and may contain recitals substantially in ac-
cordance with the above and other additional recitals oert�:�e�t
or ap_Dropriate thereto, and it shall not be necessary that t'.-.e
recitals be in exact form set forth, but the substance thereof
hall 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
Mayor
ATTEST:
City Clerk
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
ayor
ATTEST:
City Clerk
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
,192
ayor
Attests
City Merk