Ord 573 4/27/1925 Form 9 (1 of 4) �
a
ORDINANCE LENING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
WILSON AVENUE 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 ASSESSMENTS 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 2 d day of February ,192 5 , ordered the im-
provement o ','ilscn avenue in sail-dity from its inter-
section with the East Pro er y line of Harrison Street
to its intersection with e East Fro ert line o
Van Buren Street by raising, grading an fi ing same
and Installing con- ete curbs ands
nd utters and paving with two inch
3c Concrete(1`!illite Frocess5 on four inch As haltic
ng an construction of suc improvements wasfou-n7-a—tiron; anoct letato Plainsformt7emak-
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 13th day of
�! ril all protests and objections were
overru e an t e sai hea- ng 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;
I.
shall
levied and
essed against each parcelhOf`propertyeherdeinbelowcby mentioned and ass-
against the owners thereof the sums of money
itemized and the total amount set o .� below mentioned and
p
of e
parcel of property; the description ofs such tpr perty,pthenseeveralh
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 (80) 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, acid the sums so assessed ahsil be payable as
follows, to-wit:
In six egi�al_ 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' eompletion ..and acceptance and until paid at the
rate above provided, payable annually with each installment, and
Provided that if default be made in the a y ins
tall
Of principal or interest when, due, the whole the aassessmentment 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 atto-rney' s fees and costs of collection,
w
if incurred; and provided further that the oners 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 Nichita 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 payr
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 th.e 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..
the
e of
e several
sums assessed against said rparcelsuofs abutting dpropertthandnthe
owners thereof, and the time and terms of y e
the enforcement thereof assignable certificates shallbe to 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 assigns, 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)
and acceptance of the illprovarients, shall contain the name of the
owner of property as acct:ratolT�� as possible,, Tall contain a
description of tip; property by lot and block number or front feet
thereof, or such other description as may otherwise identify
same; and if the pr. operty shall be owned by an estate, then the
r�I.scription thereof as so owned sliall 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
in giving the name of any owner, shall invalidate or in any ii,rise
inpair any certificate or any assessment levied by this ordinance .
Said certificate shall provide substantial'_sr
that ifthe same shall not be paid prompltly upcn maturity, then
they shall be collectible with reasonable attorney' s fey:s and
costs of collection, if incurred, ,'rd shall a?. sc provide substan-
tially that the; ai;iourts evidonccd '''i:�reby may be ;,paid th t?Ze Col-
lector of Taxers of the City of Y ich:Lta Falls, Tex�.s, ,,,rho shall
issue his recoipt therefor, ,Ihich roccipt shall_ be evidence of
such payment upon any dem^.nd for same; 'and the Collector of Taxes
shall deposit the sums so received by him forthwith with the City
Traasur(;r to be kept and held by him in a sc:para.te fund hereby
designated as LPL K3 rsc.
FL_nd lvo. ; and wzon any a ,:lent sha �u,�c Special Certificate
upol, suc�i`certifieate he upon b`' i:1ad. to the tal; Collector
s p presentation to him of V�1e
cc.-ti_ficate by the contractor or other holder thereof, endorse
said payrient 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 writingo and by the surrender
thereof when the principal, together with accrued interest and
all costs of collection and reasonable attorncy' s fees, if in-
cizrred, have been paid in full.
Said certificates_lshall further recite
substantially that all proceedings with reference to remaking 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 fasts 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 sixth in-stallment; which coupons shall be payable either to Plains Pavin.`
Comipany or its assigns, or to Plains Paving Company or bearer; and
such coupons may be signed either with the on Tinal or with tale
fac-simile signatures of the Mayor and Citr Clerk.
Said certificates s".all further recite
that the City of Wichita Falls shall exercise all of its lav-rft11
jc,owers when requested to do so by the holder thereof to aid in "ac
collection thereof, and may contain recitals substantially %::, ac_cordance wi t'z the above and other add-itional recitals pert
or ap ropriate thereto, and it shall not be -.,�cessary tha t'=e
recitals be in exact form set forth, but th,: substance thereof
i!_lall suffice. '
Firm 9 ( 4 0� 4)
V.
Full poorer and levy re-assessments in
any case, and to correct mistakes, errors, invalidities or ir-
regularities, either in assessments or cottificgtes issued in
evidence thereof, is in accordance with lava, vested in the City.
INTRODUCED AND PASSED on its first reading
a Regular Meeting of the Board of Aldermen on the
13th day o
ADri1 ,192 5
(Sgd) R E Shepherd
ATTEST: Mayor
(Sgd) V E McBroom
i y C er
PASSED on its second reading at a Regular
Affecting of the Board of Aldermen on the
day of
192
ATTEST: ayor