Ord 600 8/3/1925 IV
Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
'i E'7 7'1A AVFT '^ 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 ASSESSiairPJTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
"now
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 204q; day of April. ,192 7 , ordered the im-
provement o. 'enoa _ t�vg>na� °�- J �. 'ity from its inter-
sectionjwith Road _ �; a - - ... _•y
to its intersection with
e I..?orj-r� _,` "�"�fs j, = ,1i;!9?.sti, ���
Tr r ,;: .A . E��n by raising, grading and filling ng same
and installing concrete curbs and gutters and paving with . ".° i� �; �
Sh et As halt(7,'illite Prod,, ; ) on (3...1�/2) inch A-Sp a e
foundation; an contract for the mak-
ng an 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
^nd 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 29jad day of
j, , ,192 S , all protests and objections were
overruieZI and the s aid hea_rrng 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 tha respective parcols 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:
r.
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
4-tcmized 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 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 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, except state, county
and municipal taxes, and the sums so assessed ahsll he. 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 siims 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 of 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 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
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 nonpayment 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 Falls upon the compl.e.tion and acceptance
of the work which certificates shall be executed 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 decillre the said amounts, time and terms
of payments 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 accurately as possible, shall contain a
description of tho property by loft 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
name of the owner be unknown, then to so state the fact shall be
sufficient and no error or mistakein describing any property, or
n 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 foes and
costs of collection, if incurred, -n? shall also provide substan-
tially that the amounts evidenced thereby may be paid th the Col-
lector of Taxes of. the City of Vichlta Falls, Texqs, Ito shall
issue his rocA pt therefor, 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 iri a separate fund hereby
designated as "BB3 "Special Certificate
Fund No. ; and when any TayMent shallbe made to the tax Collector
upon such certificate, 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 writingp 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 eertificatesnshall 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 tho facts po 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, leaving 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 shall further recite
that the City of Wichita Falls shall exercise all of its lawful
powers when requested to do so by the holder thereof to a.it in the
collection thereof, and may contain recitals substantially in ac-
cordance with the above and other adAitional recitals oert__nont
or apyropriate thereto, and it shall not be necessary that t'o
recitals be in exact form set forth, but the substance thereof
shall 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 cebtificotes issued in
evidence thereof, is in accordance with law, vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meuting of the Board. of Aldermen on the 2 20 ? day of
Tull ,192
Myor
ATTEST: 77
Ora
City C er F-: o c7m
PASSED on its second reading at a Regular
Mecting of the Board of Aldermen on the day of ,
192
rJ�ayor
ATTEST:
City tiler
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
,192
Mayor
Attest:
City CIME