Ord 583 6/29/1925 FGrm 9 (1 of 4)
ORDINANCE LEVYING ASSES' IMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
SEVENTH STREET 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 ASSESSMrNTS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF INICHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
city of Wichita Falls, Texas, has heretofore by resolution passe
on the 9th day of March.. ,1925 , ordered the im-
provemen o � wj Street in saiU-City from its inter-
section with t e as rb - - - - line of Van Buren Stree
to its intersection witha �West�urcre -c- -�� line of
Broad Street--- -�--by raising, grading-and.-firming same
and installing concrete curbs and gutters and paving with 1..1 2 ch,
on 3-3 2 Asphaltic coneret------
y�yyy ag-P , It j�Viti l ite Process d contract for the mak-
_ _---__.� foundation; an
ng-and construction of such improvements was lest 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 ffi 15thday of
,TjjnA„---------- -- -y192 5 , all protests and objections were
overruled and the said hearg 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 hereinbQlow 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-
.,,i,ovements, 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 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 assessed
against said parcels of property and the owners thereof, respective-
ly together with interest thereon at the rate of eight (BO/'10) 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 or. 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 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 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'furr.th:er 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 ofWichita Falls shall not bh- 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 payw
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
sn.id 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, or
its assilgns, and shall decilre the said amounts, time and terms
of payment, and the rate of interest and the date of completion
Form 9 ( 3 of 4)
acceptance of the improvements, shall contain the name of the
owner of property as acctratoly as possible, shall contain a
description of tho property by lot and block number or front feet
thereof, or such other dcseri_ption as may otherwise identify
same; and if the property shall bo owned by an estate, then tho
description thereof as so owned shall be sufficient, or, if the
name of tre owner be unknown, then to so state 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 substantiall._-r
tzia'c if the same shall not be paid prompltly upon maturity, ther.
t -ley shall be collectible with reasonable at-,corncyl s fees a_zd
costs of collection, if incurred, l;.d shall a:l.so provide .,ubsta.n.-
LL _ally that the ailiounts evidcnccd ';-IlP; reby may be aie_ th the Col-
lector of Taxes of the City of Wichita Falls, Tex!,.-., ,,rho shall
issue his roc:i.pt thcrofor, which receipt shall_ be evidence of
such payment upon zany dcm.,and "or same; nand the Collector of Taxes
shall deposit the sums so received by him forthwith ,jvith the City
Treasurer to be kept and held by him in a separa.t<. fund hereby
designated as i F-12 "Special Certificate
FvnO. Tvo.�; and u^ -icn any paymentsh��,,k�.de to the tax Collector
upon such certificate, he shall upon pros cntation to hiri 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 writing, and by the surrender
thereof when the principal, together with accrued interest and
all costs of collection and reasonable attornoy' s fees, if in-
curred, have been paid in full .
Said eertificates_i.sha_ll further recite
substantially that all proceedings with reference to raking 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 evidonce of the facts so recited
and no furthor 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, leering 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 oriz inal or with the
fac-simile signatures of the Mayor and City Clerk .
Said certificates s'.all further recite
that the City of Oichita Falls shall exercise all of its la�,rlul
, owers when requested to do so by the holder thereof to air.
collection thereof, and may contain recitals substantially i ? ac-
cordance wit,'1 the above and other add_itioiial recitals
or ap ropriate thereto, and it shall not be --ecessary that t' e
2: ecitals be in exact form set fort'a, but t;1, substance thereof
.,hal_1 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 assessments Qr cottifica,tes issued in
evidence thereof, is in accordance with lave, vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meeting of the Board of Aldermen on the 15th day of
June---- ""--`.192 5 .
(SZd R E Shepheerd
ATTEST:
Mayor
(S d) W E McBroom
City' C er
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
ATTEST: Mayor
MY ulerri
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
ayor
Attest:
y er