Ord 598 7/27/1925 Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
AVENUE g 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 ASSESSME14TS 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 23rd day of March $192 5, ordered the im-
provement of enue n saiT-City from its inter-
section with the as oper line of Monroe Street
to its intersection wi e 30= o
Giddings Street by raising, gra ing and Tilling same
and installing concrete curbs and €utters and paving with 1-1 2
inch Sheet As halt(Willite Frooess) on, Four• and contract
) inch or the mak-
Asphaltic oncre ion
a oun a ,
ng and construe ion of such improvements was let to Plains Pav-
ing Company; and the Engineer filed with the City rol+r state-
ment showing description of the various parcels of abutting prop-
" -, urty, 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 20th day of
July 192 . 5 , all protests and objections were
overruled an -the said hearrng 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 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:
x.
Therc shall be and is hereby levied and ass-
essed against each parcel of property hereinbelow mentioned and
a ainst 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 assessed
against said parcels of property and the owners thereof, respective-
ly together with interest thereon at the rate of eight (8 0) 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 saia 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, -xcept state, county
and municipal taxes, and the sums so assessed ahsll be.,payable as
follows, to-wit:
In six eqt,.^,J 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 paid at the
rate above provided, payable annually with each installment, and
ault be made in the pa-jniont of any installment
provided that if def,
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 becorie 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.
The City of 'Wichita Falls shall not bn- 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 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 non-payment of ad-valorem taxes, or, at the option of
Plains Paving .Companys 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 completion 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, o
its assigns, : dand theall rateeofare the interestaadndathendatet e and terms
of Completion
of payment, an
Form 9 ( 3 of 4)
.I..1d acceptance of the improvements, shall contain the name of the
owner of property as aectratoly as possible, shall contain a
description of the property by lobs 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, than to so stela 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 substantial-1_1Y
tzat if the same shall not be paid prompltly upon m-turity, ther_
they shall be collectible with reasonable attorney' s fees a-nd
costs of collection, if incurreds and shall al-so provide Iubstan-
tially that the aiiiounts evidenced tlz.oreby may be ;pai(ft th the Col-
lector of Taxes of the City of `J'�'ichLta Falls, Tex::^.s, who sh.'.11
issue his receipt therefor which receipt shall be evidence of
such payment upon any dera .nd "or same; and the Collector of Taxes
shall deposit the sums so received by him forthwmth. �r,!ith the City
Treasurer to be kept and held by him in a scpara.te fund_ hereby
designated as f BB!3 �sSpccial Certificate
F=0_ E o . ; and tir z n any pay inen she be ma e to the tax Collector
of the
hi
upoli such ccrtifieatc, he shall upon presentation to r
cc»tificate 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-
the and credit shall be the Treasurers warrant for making such
payment. Payments by the Treasurer shall also be reoeipted for
the surrender
by the holder of such certificate in writings and by
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 Certificatesnshall 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 courts
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 11avin4,
Company or its assigns, or to plains Paving Company or Dearer; and
such coupons may be signed either with the original or with the
fac-simile signatures of the Mayor and City Clerk.
Said certificates s"iall further recite
that the City of Wichita Falls shall exercise all of its la°tful
;Dowers when requested to do so by the holder thereof to aic. i_�. .'zc
collection thereof, and may contain recitals substantially i_� a.c-
,ordance wi t'1 t'_ze above and other adclitional recitals oert-i- �.ot
-or ap_ ropriate thereto➢ and it shall not be _7,ecessary that ye
recitals be in exact form set fortis, but the substance thereof
;'Mall suffice.
Form 9 (4 of 4)
V.
Full power and levy re-assessments in
any case, and to correct mistakes, errors, invalidities or
irregularties, either as assessments or certificates issued
in evidence thereof, is in accordance with law, vested in the
City.
The fact that the improvements hekein
mentioned are being delayed pending the taking effect of this
ordinance, and that conditions of said portion of street
endangers the public health and safety, constitutes and creates
and urgent public necessity requiring that the rules providing
that ordinances be read at more than one meeting and for more than
one time besuspended, and requiring that this ordinance be passed
and take effect as an emergency measure, and such rules are
accordingly suspended and this ordinance is passed as an emerg-
ency measure,and shall be in force and in effect immediately
from and afterits passage.
PASSED AND APPROVED this 20th day
of July 1925.
(Sgd) R E Shepherd
yor
ATTEST:
(S d) Ora Turner
city Clerk, o- ' em