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Ord 622 9/28/1925 Form 9 (l of 4) ORDINANCE LETJYING ASSESSMENT FOR A PANT OF THE COST OF IMPROVING A PORTION OF Ninth IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN 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 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 25th day of Ivl.y ,192 5 , ordered the im- provement of Ninth StreL5T, in saiT-City from its inter- section with t e East -property, line of Tilden Street to its intersection wi eEast cury ine o Ha. Street by raising, grading an fi ing same and installing concrete curbs and utters and paving with Six x and ete one-half (62) inch one course rein forged concr ; and contract for the ma - ng and construe ion 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 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 not4ce, hearing waq he d and had; and by resolution passed on the Jt -- day of all protests and objectios n were overr e an t e -said hearing closedp 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 hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to .each 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 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 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: N ye LOT BLOCK FRONTAGE AGE SST'OUNT TOTAL A'-0UFT g 31 50 529.13 Geo G Golden 50 20.00 $549.13 Curb 7 31 50 529.13 Geo G Golden 50 20.00 549.13 Curb 6 31 50 529.13 R R Johnson 50 20.00 649.13 Curb 5 31 50 529.13 Curb J Nelson 50 20.00 549.13 C J R Nelson 4 31 50 529.13 20.00 549.13 Curb i I, 1--and 3 31 50 529.13 Curb 50 20.00 549.13 A R Prothro 2 31 50 529.13 Curb 50 20.00 549.13 C K Harrison 1 31 50 529 .13 Curb 50 20.00 549.13 Ifta L Cain 8 32 50 529.13 Curb 50 20.00 549.13 Ira L Cain 7 32 50 529.13 Curb 50 20.00 549.13 F Li Harbison 6 32 50 529.13 Curb 50 20.00 549.13 A N Luiyunus 5 32 50 529.13 Curb 50 20.00 549.13 J A Connor 4 32 50 529 .13 Curb 50 20.00 549.13 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 (86) 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 which 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, 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 paced at the rate above provided, payable annually with each installment, and provided that if default be made in the payment of any installment 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 th ; said installments before maturity at- any time, by paSmient o ' 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 own.ers '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 Nils upon the completion and acceptance of the woxk which certificates shall be executed by the Mayor 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 decUre the said amounts, time and terms of payme'nt, and the rate of interest and the date of completion Form 9 ( 3 of 4) and acceptance of the irnprovoments, shall cone^.in the name of the owner of property as acetLratcly as possible, shall contain a description of the property by loft and block number or front feet thereof, or such other description as may otherwise identify ssme; 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 sufficient and no error or mistakein describing any property, or in giving the name of any owner, shall invalidate or in any wise im-pair any certificate or any assessment levied by this ordinance . Said certificate shall provide substantially that iE the same shall not be paid prompltly upon =turity, then they shall be collectible with reasonable attorney' s fees a_ a costs of collection, if incurred, and shall also provide substan- tially that the amounts evidenced Uh.creby may be paid th the Col- lector of Taxes of the City of `� ichita Falls, Texas, who shall issue his receipt therefor, which rcceipt shall be evidence of such payment upon any derv^.nd for same; and the Collector of Taxes shall deposit the sums so received by him forthwith Tirith the City Treasurer to be lcopt and held by him in a separate fond. hereby signaled as ttBB 3 St e t t'Special Certificate Fund No. ; and 77,n any paymentsha ma&Do ito the tax Collector upon sucF-cortifieate, 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 writings 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 eertificatesiishall 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 nstall- ments, leaving the main certificate to serve for the sixth in- stallment; which coupons shall be payable either to Plaids Paving yoripany or its assigns, or to Plains Paving Company or bearer; and such coupons may be signed either with the original or with Vne fac-simile signatures of the Mayor and City Clerk . Said certificates s,-lal_l further recite that the City of Wichita Falls shall. exercise all of its la.17ful Mowers when requested to do so by Vne h.olCier thereof to aid. in tllc collection thereof, and may contain recitals substantially J.11. ac- cordance with the above and other adc'_itional recitals oert ent or ap_Dropriate thereto, and it shall not be Ecessary that te'_ recitals be in exact form set forte, but the substance tliereof s _iall suffice. Form 9 (4 of 4) V. Full pourer and levy re-assessments in any case, and to correct mistakes, errors, invalidities or ir- regularities, either in assessiiients or cobtific ates issued in evidence thereof, is in accordance with lave, vested in the City. INTRODUCED AND PASSED on its first reading at a Regular 7dc�ting of the Boars. of Aldermen on the d ay of Mayor ATTEST: i ty C er PASSED on its second reading at a Regular Meeting of the Board of Aldermen on the day of , 192 11 a or ATTEST: City Clerk PASSED ON ITS THIRD AND FINAL READING at a Regular Meeting of the Board of Aldermen on the day of ,192 Mayor Attest: City Cleryc