Ord 569 4/27/1925 f ddd G f
's
Form 9 (1 of 4) t3
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
HARRISON 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 ASSESS_v171J*TS 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 22nd day of December. ,192 4 , ordered the im-
provement oof Harrison Street in said City from its inter-
section with tie outh property line of Avenue F
to its intersection with tie ouch ro e ine or—
Speedway
Avenue by raising, grading and. filling same
and installing concrete curbs and gutters and paving with three inch
vertical fiber brick on five inch concrete
- -------------------- oun ation; and contract for the mak.
ng and construction of sue improvements was lot to Plains Pav-
ing Company; and the Engineer filed with the City rollor state-
ment showing description of the various parcels of abutting prop-
m.rty, 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 ot ' c ,, hearing
was held and had; and by resolution passed on the day of
,1C)2'b , all protests and objections were
�v ru ed-anZI the sa`i�c hear n`g 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 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 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 V'uICHITA FALLS,
TEXAS, THAT:
z.
ass-
essed against each parcelshall be and is hereby levied and ass-
P 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 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 he. 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 providedI.
, payable annually with each installment, and
provided that if default be made in the pa. ,rment 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.
,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 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 mariner provided for the sale of property
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 City of Wichita Palls upon the completion and acceptance
of the work which certificates shall bee xecuted by the IVlayor 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 o.f 4)
a_'id acceptance of the iitiprovaments, shall contain thc; name of the
owner of property as accurately as possible, shall contain a
description of tho property by loft and block number or front feet
thereof, or such other description_ as may otherwise identify
s1.me; and if the property shall be owned by an estate, then the
description thereof as so owned shall be sufficient, or, if the
name of the oviner be unkno;rm, then to so state tho fact shall be
sufficient and no error or mistakein describing any property, or
in ivi_ .�; tho na.mc of any owner, shall invalid. to or in any ti,,rise
irilaair any certificate or any assessment levied by this ordinance
Said certificate shall provide substantially
thP,t i the same shall not be paid prompltly upon ma.tu_-ity, t'.Ler_
they shall be Collectible with rcasor_able attorney' s fees and
costs of collection, if incurred, nd shall a".so provid_ ubstan-
tially that the ailiour.ts evidonc�d u'�.ereby may be -paid th the Col-
lector of Tax- s of the City of v�ich�wta. Falls, Texas, ,:,iho shall
issue his rocoipt thcrcfor, ihich ruceipt shall be evidence of
cl1 payment upon any dcmrind for same; and the Collector of lAxes
shall deposit the sums so rec Avcd by him forthwmth �.:!ith the City
Treasurer to be kept and held by him in a scP rate; fiend hereby
designated as ttF L "Suecial Certificate
Fend No. ; and whon any payclent sis e ,i to the tali Collector
upon such certificate, he shall upon pros cntat-ion to him of the
certificate by the contractor or other =colder thereof, endorse
said paynont 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; anci such endorse-
ment and credit shall be the Treasurer' s warrant for making such
payment. Payments by the Treasurer shall also bereceipted 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 attorneys fees, if in-
curred, have been paid in full.
Said certificates_ishall 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 suoh 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 co recitced
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
lereof, 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 Paving
Company or its assigns, or to Plains Paving Company or bearer; and
such coupons may be signed either with the orl..,inal or witi-1h Vne
fac-simile signatures of the Mayor and CitY Clerk.
Said certificates s';all further recite
that the City of Wichita Falls shall exercise all of its la�rful
;dowers when requested to do so by the holder thereof to ai(.collection thereof, and may contain recitals substantially i.;) ac-
cordance wit11 the above and other additional recitals oerci :. t,t
or ap-;,ropriate thereto, and it shall not be lecessary that t',e
recitals be in exact form set forth, but th; substance t'7ereof;;aa.J.l suf ice.
Form 9 (4 of 4)
V..
Full power and levy re-assessments in
any case, and to correct mistakes, errors, invalidities or ir-
_,c6ularities, either in assessments or cottificates 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 — 2day of
,1J2 5 .
(Sgd)R E Shepherd
ATTEST; Mayor
(Sgd)_ 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
zty er
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
ayor
Attest:
Cit17 Clerk