Ord 617 9/7/1925 P
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L j
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norm 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
AVENUE Mgr 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 27th day of July 11926 , ordered the im-
rcvemen o venue " in saiT-City from its inter-
section with the .as roper y line of Giddings Street —
to its intersection wi e rty line of
Harrison Street by raising, grading an fi ing same
and int sa ling concrete curbs and gutft:Z1iti0dPrb-e8:3S)with 1 1 2
(One and. one-half ineh Sheet Asphalton Three and one-half neh
lie Concrete oundation; 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 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
he
was held and had; and by resolution passed on the Y in
,192 , all protests and object ins were
overruled and Me 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 hcreinbelow 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
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
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:
I.
There shall be and is hereby levied and ass-
essed against each parcel of property hcreinbelow 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,
Veing as follows:
I LOT BLOCK FRO Iv`!'AGE A�tiiOUNT TOTAL AlvIOL�NT
a bell Ac1d ion
S Ellis 9 1 485.43
Curb 110 55.00 540.40
John Hall 10 1 105 463.37
Curb 105 52.50 515.87
S G Henry 8 2 104.5 661.16
Curb
104.5 52.25 513.41
Jerome Stone 10 2 152.5 672.98
Curb 152.5 76.25 749.23
lil D Walker Sub-div of Jackson
e Roberts Addition
Vi S Ellis 1 1 132 582.52
(jurb 132 66.00 648.52
A IlcGee 10 1 84 370. 69
Curb 84 42.00 412. 69
0 J Cooler 1 2 127 560.45
Curb . 127 63.50 623.95
T F Cunningham 12 2 132 582.52
curb 132 66.00 648. 52
Form 9 (2 of 4)
II.
The several sums above mentioned aessed said parcels of property and the owners thereof, respective-
against
onable attorneys fees and costs
1 together with interest thereon the rate of eight (8�0) per
y together with rea
cent per annum, g declared to be and made a
of collection, if incurredarceIs are hofeproperty against which the
lien upon the respective p and charge against the
same are assessed and a personal liability
'^i property, whether such owners be nam-
real and true owners of suchGo
ed herein or not, and the said liens shall be andononhtch theaass-
first and enforceable claim against the property
essment is levied, and shall be the first and Paramount lien there-
nd claim-s , Xcept state, county
on, superior to all other liens a able as
and municipal taxes, and the sums so assessed ahs_1 be. p y
follows, to-wit:
In six eqv.^l annual installments due res-
�, s one two three, four and
9
pectively on or before thirty,days, acceptance by the City
five years after the date of comp
of said improvements, and the
stance and essed luntil rpaid eatsthe
from date of such completion .and P
annually with each insta11r1ent, and
rate above provided, Payable a ent of arly installment
provided that if default be made in theewhole of the assessment upon
of principal or interest when due, option of the Plains Paving
which default is made shbeland.tbecome at once due and payable, .
Company or its assigns, 9s fees and costs cf collection,
together with reasonable attorney
if incurred; and provided further that the owners of such property
or all of the said
shall have the right to pay any installments
f principal and interes
time, by payment o t
before maturity at- any
accrued to date of payment.
The City of 'Wichita Falls shall not bn- In.
ment of any sums assessed against
any manner liabie* for the p a�Jowner but the said Plains Paving
any abutting property or any o to such own.ers 'for pay-,
Company and its assigns shall look solely ity to
Wichita Falls shall
ment of the sums assessed, boWerseto ' aid in the enforcement and if
exercise all of its lawful P personal liabilities,
collection of said liens and sums ari'and
any of said sums'.
shall be made in the P Ym sale of the property by
ion thereof shall be enforced either by Falls as
the tax collector and assessor oro ldedlfor�th.elslaleaof property
near as possible in the manner p at the option of
for the non-payment of ad-valorem gtaxes,sherpayment -of said sums and :.
Plains Paving .Company, or its assigns, court having
said liens and liabilities shall be enforced in any
jurisdiction.
IV.
For the prupose of evidencing the several
t o.ndnthe
sums assessed against said parcels of abutting proper
nd to aid in
owners thereof, and time Signablerms Of certificatestshall be issued
the enforcement thereofon the completion and acceptance
by the City of VVIchita Falls up the Mayor in
of the work which certificates shall the CtytClerk with the eor-
the name of the City and attested too Plains Paving Company, or
porate seal, and shall be p y< time and terms
its assigns, and sealldec rate cflinterestthe aandid athe date of completion
of payment, and th
Form 9 ( 3 of 4)
a-id acceptance of the improvements, shall contain the name of the
owner of property as aecmrately as possible, shall contain a
description of the property by loft and block number or front feet
th,.;rcof, or such other description as may otherwise identify
same; and if the property shall be ovmcd by an estate, then the
description thereof as so owned shall be sufficient, or, if
fthe
be
name of the owner be unknown, then to so stato the fact shall
U.-ficient 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 substantial'-T.
that if the same shall not be paid prompltly upon maturity, then_
they shall be collectible With reasonable attorneyls fe(-s and
costs of collection, if incurred, ,.nd shall a?-so provide substan-
tially that the ai,Iounts evidenced t-l.: reby may be ;,)-id tb. the Col-
lector of Tax:s of the City of `,J'Uich:-ta Falls, Tex^s, aho shall
issue his rccei.pt therefor, which receipt shall be evidence of
such payment upon any dems.nd for same; and the Collector of Taxes
shall deposit the sums so received by him forthvilth with the City
Treasurer to be kept and held by him in a. separate fund_ hereby
designated as StFB!3 t°Special Certificate
FL.nd. No . ; and zen w any paymen sha be made to the tax Collector
upon such certificate, he shall upon presentation to hied 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 receiptod 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 (,-ertificates: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
Me 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 i .stall-
ments, leaving the main certificate to serve for the sixth in-
stallment; which coupons shall be payable: either to Plains Pavi-n_ ,
Company or its assigns, or to Plains Paving Company or ')carer; and
such coupons may be signed either with the original or with the
fac-simile signatures of the Mayor and CitJ7, Clerk .
Said certificates s':all further recite
that the City of Wichita Falls shall e«ercise all of its la,'ful
powers when requested to do so by the holder thereof to 7:16
collection thereof, and may contain recitals substantially ac-
cordance with the above and other ad(:'-iti oral recitals oert ..- �,rt
or ap-_Dropriate thereto, and it shall not be ecessary that t':.e
��ecitals be in exact form set fortli, but the substance thereof
suffice .
Form 9 (4 of 4)
V.
Full poorer and levy re-assessments in
case, and to correct mistakes, errors, invalidities or ir-
regularities, either in assessments or cebtificates issued in
evidence thereof, is in accordance with law, vested in the City.
*1
INTRODUCED AND PASSED on its first reading
at a Regular electing of the Board of Aldermen on the day of
�192
v a.yor
ATTEST:
City C er
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
��ayor
T`'EST:
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:
C1t7 Clerk