Ord 570 4/27/1925 Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
SPEEDWAY AVENUE IN THE CITY OF
11ICHITA FALLS, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY AND THE
OWNERS THEREOF, PROVIDING FOR THE COL-
LECTION OF SUCH ASSESSi,1r1l�'S AND FOR THE
ISSUANCE OF ASSIGNABLE, CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT
City of Wichita Falls Texas,
the Eoard of Aldermen of the
on the 22nd day of eDecember heretofore byresolution passed
provemeny O f_ eedway 14venute , 192 , ovdered the imp-
section with the in said`City from its inter-
to its East :ro ert line of Harrison Street
intersection V,y ,,n ie
arrison Street 43 feet East o
by raising, grading an filli
and installing concrete curbs and butters and ng same
vertical fiber brief paving with Three (3)
Q.qncrete on Five (5) inch '---
ng an construction of sue °un anon; an contract for the mak-
ing Company; and the Engineer�fiileedewithsthe scity rol lot to lor1s�tatev
.:Ilt showing description of the various te-
erty, the amounts to be assessed aGainstpeachls of abutting prop-
and showing other matters and things; and such aroll orcel r statcn
was examined and approved; and after due and proper otice, thcarin
was held and had; and by resolution
,192 5 passed on the day of
g
fu4ea_n_T-t�ai hear�'n' all protests and objections were
g closed, and
nec-
essary and prerequisite hereto haveother matters a _
the Board of Aldermen being of the opinion een oth ne and Performed; and
Of the costs hereinbelow made and set forth istinhsubstantial pro Portion to the benefits to the- respective parcels of abutting
Property in the enhanced value thereof b l pro-
ments, and is in y means of such improve-
ments,and that thecamountChereinbe with elowaw ashownnd eandOCsseised g the
such parcels of property do not in an assessed against such property in the enhanced value thereof exceed the benefits to
provements, and that the assessments so shownyandamadns �fdo not ex.the proportions of costs properly chargeable to such property
under the law and charter in force in this City:
p
THEREFORE BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE
TEXAS,THAT: CITY OF WICHITA FALLS,
TEXAS T
1.
cssed aeach There shall be and is hereby levied and ass-
againstgthesowners parcel levied Property hereinbelow mentioned and
the sums of money below m°ntioned and
parcel of property; the descriptionpOfsitesuchthro doseription of each
amounts assessed against same, together with the total he
essed o p Property, the several
and ll names of the owners of such mount
ass-
being as follows: property so far as known,
Form 9 (2 of 4)
TI.
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 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, 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 sueh' 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 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.-
.IZT .
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 Washita 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.
TV.
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 compl.e.tion and acceptance
of the work which certificates shall beexecuted 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 dec.11re 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 ij,iproveme;nts, .'_call contain the name of the
owner of property as acctratcly as possible, shall contain a
de ;Cription of the, property by loft and block number
thurcof, or i.ch other dc;scri_ption as may otherwis or front feet
`; ' otherwise identify
same; s.nd if the property shall be owncd' by an estate, then the
d. scriDtion thereof as so owned shall be sufficient, or, if the
nark of the oviner br." unknown., then to so state the fact shall be
sufficient and no error or mistakein describing any property, or
in iviLL-�., the name of any ownibr, shell invaliCate or in any wise
im-pair any certificate or any assessment levied by this ordinance .
Said certificate shall provide substantial)-v
-.at if the same shall not be paid prompltly u�on maturity, t' er_
t zey shall be collectible with reasonable attorney s fee;s and
costs of collection, if incurred, ; .nd shall a,-so provide oubstan-
tially that the ai;ioui,ts evidenced ,c;reby may be paid th the Col-
lector of Taxes of the City of `�i; r`..ta Falls, Texas, viho shall
issue his rocc9.pt t-hcrcfor, ',,,hich rc,ccipt shall bo evidence of
such payment upon :any dcm-.nd "or sai_iic; and the Col_i_cCtor of Taxes
shalll deposit the surns so received by him forthwm th rai ch the City
Treasurer to be kept and held by him in a separate i1lnd hereby
designated as 1IF 13 sic..
Fend No. ; and when any a Zerl sl�a �S'pocial Certificate
upon suchcertificate, hepshal_i u oru 1n�l.a the tag; Collector
p presentation to him. of t.ie
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 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 attorncy' s fees, if in-
curred, have been paid in full.
Said eertificates.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 lion against
the property described in such certificates and the personal liab-
:_yity 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 ij.stall-
ments, leaning the main certificate to serve for the si;;.t in-
stallment; which coupons shall be payable either to Plains Pavin.L
Company or its assigns, or to Plains Paving Company or bearer; and
such coupons may be signed either with the original or with to
fac-simile signatures of the Mayor and Cit-r Clerk .
Said certificates s`iall further recite
that the City of Wichita Falls shall e1 ercise all of its law ul
j�Ovrers when requested to do so by the h.olde'r thereof to aid. i ,. '.1c
collection thereof, and may contain recitals substantially ;_ , 2cw
;
cordance wj t'z the above and other adc_i tonal recitals oert
or ap ropriate thereto, and it sha.il not be cessary that t',e
recitals be in exact form set fort:n, but th-
suf substance thereof
':Za7_l fice.
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 or eettificates 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 _4day of
,19 2r5
(Sgd) R E Shepherd
ATTEST: Zayor
(Sgd) IN 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
i yU.Lerx
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
,192
Mayor
Attest:
y er