Ord 578 6/1/1925 ()M.PANY
N G 0
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K-
Form 9 (1 Of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
I
OF THE COST OF IMPROVING A PORTION OF
HAYS 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 ASSESSM1"TITS 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 Ald.err.qen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 9th day of March 11925 ordered the im-
provement Hays Street in saiT City from its inter-
section with tHe .North Pro pert -------line of Ozark Avenue
to its intersection With tne P ---------:--- line of
Avenue r isingo gra in-g- anT-f—ill-ing Same
and installing concrete curbs and gutters and paving with 1-1/2 inch
on 3-1/2 inch Aspah1tiq-------
ahmat Ann halt(Aillite rocess)- for 70h__o makm
founaFijon;—and contract------------------
d
ing and construction of suc 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-
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 27th day
of
A]2ril------------------ 1925 . all protests and objections 'were
overruled and7770 sai7p'hoa=rng 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 horeinbelow made and set forth is in substantial pro-
portion to the benefits to the- respocttvc 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 hereinbolow 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 moans of such im-
provements, and that the assessments so shown and made do not ex-
coed 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 horoinbolow 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)
xx.
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 (£3 ) 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 'near 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,
i" 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 bs 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 -Qf 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 time and terms of payment, and to aid in
the enforcement thereof assignable certificates shall be issued
by the Ci ty of Wichita Palls 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 assigns, and shall decUre the said amounts, 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 thc� name of the
owner of property as accurately as possible, shall contain a
description of the property by lour and block number or front fact
thereof, or such other dc;scri_ption as may otherwise identify
Name; and if the property shall be owned by an estate, then the
description thereof as so owned s:iall be sufficient, or, if the
narie of the owner be unknown, than to so state the fact shall be
sufficient and no error or mistakein describing any property, or
in giving the name of any ownor, shall inva_lid.ate or in any wise
i7nuair any certificate or any assessment levied by this ordinance .
Said certificate shall provide substantiall.?.-
t'na'c if the same shall not be paid prompltly uj, cn maturity, then
they shall be collectible with reasonable attorney' s fo(,s and
costs of collection, if incurred, <�n(fL shall a"-so provide ,,ubsta.n-
tially that tha ariourts evideneod '61:.c;rcby may be paid th the Col-
lector of Taxes of the City of v:ichita Falls, Tex!-�s, who shall
issue his roccipt tharefor, which receipt shall be evidence of
such payr,icnt upon any dam^.nd 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 in a scpara.te fund hereby
designated as itBB3 4tSoecial Certificate
Fund No .`; and �v1en any payrl h ent sa ruac�bo to the ta« Collector
I-I ol! such certificate, he shall upon presentation to hifii of the
certificate by the contractor or other holder thereof, endorse
said paynnont 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 writing, and by the surrender
thereof when the principal, together with accrued interest and
all costs of collection and reasonable attorncy' s fees, if in-
curred, have been paid in full.
Said eertificates_i.shall 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 reamed
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-
mants, 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 barer; and
such coupons may be signed either with the oriL;in.a.l or evi.th Vae
fac-simile signatures of the mayor and Cit-
y Clerk .
Said certificates s--.all further recite
that the City of Wichita Falls shall exercise all of its la7:-fful
Mowers when requested to do so by the holder thereof to a.id1 in
collection thereof, and may contain recitals substantially a._. ac-
cordance wi th the above and other additional recitals
or ap_Dropriate thereto and it shall not be :,ecessary that t'1F,
ecit-als be in exact form set fort.a, but the substance the-reo
_,:all 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 cottifica,tes issued in
cvidonce 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 18th day of
Maw------------------v192 5
(Sgd) R E Shepherrd
ATTEST: ayor
(Sgd) W E McBroom
City Clerk
PASSED on its second reading at a Regular
Mocting of the Board of Aldermen on the day of ,
192
Mayor
ATTEST:
Cit
y Glork
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
0192
ayor
Attest:
City Clerk