Ord 601 8/3/1925 ° f
Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
IN THE CITY OF
INICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSM1771TS 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 V,1ichita Falls, Texas, has heretofore by resolution passed
on the : d' �'�^tray of ''1 ,1J2 5, ordered the im-
provemen , of Onawa Tra-11 —in sa!Tuxak from its nta 'P
section With t e "f>nt, r I:'- of Al le .. $3:Ii6:: `�P,t"�� �?'� Santa �'t-*. Ave,'-
oil a"" Ave, to c,�n -^ ine o Al, J•.
,;, s1 Ave. r B aas isingradingyan r illing same
ens . v I 3',>> b g�
and installing concrete curbs and gutters and paving with ( , -' inch
Asp-ahlt on,o 1
oun ation; and contract for the mak-
ng 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
was held and had; and by resolution passed on the day of
all protests and objections were
overruled and the -said hearing closed, and
V11HEREAS 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
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:
T.
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:
Form 9 (2 of 4)
II.
The several sums above mentioned asseectave-
against said parcels of property and the owners thereof, p
ht
ly together with interest thereon
onable attorney Isthe rate Of gfees8andpcosts
cent per annum, together with r
of collection, if incurred, are hereby declared to be and made a
parcels of property against which the
lien upon the respective p and charge against the
same are assessed and a personal liability
whether such owners be nam-
real and true owners of such property,
ed herein or not, rty
and the said liens shall be ty on which thea ass
-
first and enforceable claim against the prope
essment is levied, and shall be the first and paramount llcounty
on, superior to all other liens and oclsies$ except
state,yable as
and municipal taxes, and the
follows, to,wit:
In six equal annual installments due res-
pectively on or before thirty days, one, two, three, four and
completion and acceptance by
the City
five years after the date of
of 'said improvements, and the andluntilrpaideatsthe
from date of such completion .and acceptance stallment, and
rate above provided, payable annually with each in
provided that if default be made in the payment of any installment
of principal or interest when a�u�hetoptionlofotheh Plains sPaving
sment upon
which default is made shall, d payable,
Company or its assigns, be and become at once due an
together with reasonable attorney' s fees and costs of collection,
if incurred; and. provided further tall of hat e the said installmentsers of such rty
shall have the right to pay any or
before maturity at any time, by payment of principal and interes
accrued to date of payment.
.III.
The City of .Wichita Falls shall not b3a ln.
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.
Comp
Comp of the sums assessed; but the City of Wichita Falls shall
ment and
exercise all of .its lawful powers �to aid in the
al lenfor .ties cem and if
collection of said liens and sums ent of any of said sums, Collect-
default shall be made in the p Ym sale of the property by
ion thereof 'shall be on either by
the tax collector and assessor of the City of Wichita Falls.he sale of , as
near as possible in the manner provided for,tat the option of
for the non-payment of ad-valorem taxes�he payment -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
sums assessed against said parcels of abutting property andnthe
owners thereof,
and the time and terms of payment, and to aid in
rtificates
the enforcement thereof Palls l be issued completion and shalacceptance
W
by the City of Wichita shall
upon thee comp in
of the work which certificatestehdabl the Citybe 0 tClerk with the rcor-
the name of the City and attested
to Plains Paving Company, or
porate seal, and shall be p yand terms
its assigns, and shall deck.lie the aandathendatetofeco completion
of payment, and the rate ofnterest
Form 9 ( 3 of 4)
shall contain the name of the
and a.eceptance of the iiaprov�ments, °Ssible shall contain a
owner of property as aectarato1y as p ,
description of the property ip ion and block identify fO`t
thereof, or such other dcscriptthe
same; and_ if the property shall be owned by an o state,r'thi f the
description thereof as so owned shall be sufficient, o_ , be
�_ .r.1e of the owner be unknown, then to so state the fact shall or
sufficient and no error or mistakein describing any p p y,
giving g the., name of any owner, sha11 invaliclate or in any tivise
In
impair any certificate or any assessment levied by this ordinance -
Said certificate shall provide substantial '
the ifL rn
the sac shall not be paid prompltly ). on q aturity, then
and
trey shall be collectible with reasonable attorney s fees ubs
cos s of collection if incurred, ,.nd shall a�-so P.- CL ae ne Col-
t � ', be ;�� id. th the Col-
tially that the araour..ts evidcnc j chy;t-a Falls, Tox^ :,, who shall
lector of Taxes of the City °f
issue his roccipt therefor, which receipt shall be evidence Of
or same; and the Collector of axes
such payment upon any dem^_nd F
shall deposit the sums so recde:ibvcd byinia f orthwithtc fundhh hebyCity
Treasurer to be kept and hel Y «Sp the tax Collector
ecial Certificate
designated as ctPR77
Fund No. ; and wzcn any payment s a be m -to
upon such certificate he shall upon pre
senta�lon to Kira of the
certificate by the contractor or other holder thereof,
endorse
said pa�rnlent thereon; and the contractor or holder of such. cer-
tificate shall be entitled to tQehlvauchoTcertifieatc;Tsoaend.orsedsurer e
amount paid, upon presenting paid; and such endorse-
e,
and credited by the holder with the amount p , 9
ment and credit shall be the Treasurer
s warralso ant
r�ceiptcdmakingfor such
payment. Payments by the Treasurer
by the holder of such certificate in writings and by the surrender
thereof when the principal, together with accrued interest and
reasonable attorneys fees, if in-
all costs of collection and
curred, have been paid in full.
Said eertificates_i.shall further recite
proceedings substantially all that roceedings with reference to making such
and
improvements have ies compliance 1 o
that all prerequisites to regularly fixing of theassessmentlionagainst
ates
the
the property described inG�ncrocuj�r�ycdone and, performed,aandliab-
ility of the owner have b g
such recitals shall be prima evidence e of the
facts SO rec, ted
and no further proof thereof shall
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-
sixth ments, leaving the main certificate to serve
for to sixthlains inPavir_�
stallment; which coupons shall be payable
Company or its assigns, or to Plains Paving Company or bearer; and
such coupons may be signed
theyther�ayorwith and Clitr°Clerk,l or with the
fac-simile signatures
Said certificates s'-:all Further recite
that the City of Wichita Falls shall exercise all of its 1a�',rful
powers when requested to do so by the holder nherwf to aJ d., a C'1e
collection thereof, and may contain recitals substantiall
cordaizce Zvi th the above and other adc'_itional recitals
or ap-_Dropriate thereto, and it shall not be :-.ecessary that t �e
recitals be in exact form set forth., but th�-,, substance t'lereof
s1yall Sufi ice.
Fgrm 9 ( 4 o� 4)
V.
Full power and levy re-assessments in
any case, and to correct mistakes, errors, invalidities or ir-
regularities, either in assessments or certificates issued in
evidence thereof, is in accordance With law, vested in the City.
31
INTRODUCED AND PASSED on its first reading
at a Regular Meting of the Board of Aldermen on the 20tla day of
T tJ ,192
Mayor
ATTEST:
^ r
City C er ro eLi
PASSED on its second reading at a Regular
R.ecting of the Board of Aldermen on the day of ,�:. .+. ,
I�ayor
ATTEST:
My er
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
9 192 ,_A
Mayor
Attest:
City clerrr