Ord 580 6/8/1925 Farm 9 (1 of 4)
ORDINANCE LE'JYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
AUSTIN STREET IN THE CITY OF
I,VICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSMEIT'TS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF VJICHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 16th day of February 1925 , ordered the im-
proveme of �atin 5treet in saff-City from its inter-
section with t eNorth -pro-oertvline of Seventh Street
to its intersection with e Nnrtli pronArtV line o
F urth Street by raising, grading an filling same
and instaiiing concrete curbs and gutters and paving with 1-1/2 -inch
abent Amph,alt(Wil,lite Process) on Four (4) inch Asphaltic
AnnarAte 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
was held and had; and by resolution passed on the 25th day of
..------------------1925 , all protests and objections were
overrule, an t e said hear—Mg 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
'ach property in the enhane.ed 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 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 (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
thethe
same are assessed and a personal liability and charge against
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 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
ofsaid improvements, and the sums assessed shall bear interest
from date of such completion and acceptance and until paid at the
ed, payable annually with each installment, and
rate above provid
brovided 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
�, able
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 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 Mchita 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
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 Itime and terms of payment, and to aid in
the enforcement thereof assignable certificates shall be issued
by the City of Wichita Nils upon the completion and acceptance
of the work which certificates shall beexecuted by the IVtayor 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, and shall deellre the said amount, time and terms
of payment, 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 acctratoly as possible, shall contain a
y lot block number or front feet
description of t?ze property b
thereof, or such other dc;scription as may otherwise identify
same; �.nd if the property shall be owned by estate, then the
description thereof as so owned shall be sui.f_e the , or, if the
name of the owner be unknown, than to $o state the fact shall or
sufficient and no error or mistakein describing any property,
in E;iving tho name of any owner, shall invalidate or in any �Iise
impair any certificate or any assessment levied by this ordinance .
Said certificate shall provide substantially
t_ia-L, if the sar_e shall not be paid prompltly upon ri�.turity, they_
they shall be collectible with reasonable attorney° s fcc,s and
costs of collection if incurred P,r6. shall also provide substan-
tially that the araoun.ts evidenced ereby may be paid th the Col-
lector of Taxes of the City of `1'�ich to Falls, Tex^.s, ,;rho shall
issue his receipt therefor, jrhich receipt shall be evidence of
such payment upon �a-r..y dcmr-nd 'or same; and the Collector of saxes
shall deposit the sums so received by him forthwIth t,,,i i,h the City
Treasurer to be rapt and held by him in a scparat<, fund- hereby
�t "S��ccial Certificate
designated as p��3
Fund No . ; and vv zen any paylen s a ba ��.ac `to the tax Collector
upon such cortificate, he shall upon presentation to him of the
cortificate 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 attornoy' s foes, if in-
curred, have been paid in full.
Said certificates.tshall 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-
-lity 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 sith in-
stallment; which coupons shall be payable either to Plairis Pavir.-
Company or its assigns, or to Plains Paving Company or bearer; and
such coupons may be signed either with the oriL,in-a.l or with the
fac-simile signatures of the Mayor and Gity Clerk .
Said certificates s` all further recite
that the City of Wichita Falls shall exercise all of its 1awILul
Mowers when requested to do so by the holder thereof to aJLC. i--n -?ze
collection thereof, and may contain recitals substantially ira ac-
cordance with the above and other additional recitals
or ap_Dropriate thereto, and it shall not be --ecessary that t' e
recitals be in exact form set fort:., but the, substance thereof
s:lall 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 cettificates issued in
evidence thereof, is in accordance with law, vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meeting of the Board of Aldermen on the 25th day of
_May 5
(Sgd) R E Shepherd
Mayor
ATTEST:
(Sgd) W E MoBj:Qom
City Clerk
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
Mayor
ATTEST:
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:
City Mrrc