Ord 565 3/16/1925 f
Form 9 (1 of 4)
ORDINANCE LEVYING ASSESSMENT FOR A PART
OF THE COST OF IMPROVING A PORTION OF
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 ASSESSM PJTS AND FOR THE
ISSUANCE OF ASSIGNABLE CEi{TIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF b17CHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 26th day of tj qua rj ,1 0-2 5 , ordered the im-
provemen �i of �, lmore StreF.t in saia—City from its inter-
section with t e I:: h o�a�rt�r line of
even-e� �;
to its intersection wi Z he rOl th ro ert line o`f
�':dein�' L by raising, grading an fi filling same
and instal ing concrete curbs and gutters and paving with twc, ,•,ell
=> > on tim five(.':;) inch
oun anon; and contract for the mak-
ng an construe ion of sue improvements was lest to Plaids 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 <?nd day of
,192 2 , all protests and objections were
overru e an t e sai hearing 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- respoettve parcels of abutting
Property in the enhanced value thereof by means of such improve-
ments, and is in accordance with laver 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:
x.
shall
levied and
ussed against each parcelhOf`PropertyeheredinbelowGby m ntioned and ass-
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 (&�) 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 tivhIch the ass-
essment is levi-wd, 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 resr
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 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 atto-rney' 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 liab'.e 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
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 J1":_
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 Falls upon the completion and acceptance
of the work which certificates shall bee xecuted by the IUlayor 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 thu name of the
owner of property as accurately as possible, shall contain a
description of the property by loft and block number or front feet
thurcof, or such other description as may otherwise identify
same; and if the property shall b;; owned by ail estate, then the
description thereof as so owned shall be sufficient, or, if the
name of the o%i'rner be unknown, then to so state tho fact ;hall be
sufficient and no error or mistakein describing any property, or
in giving the name of any owner, shall invaliCate or in any wise
ir.,nDair any certificate or any assessment levicd, by this ordinance.
Said certificate shall provide substantiallr
that if ;;he same shall not be paid prompltly upon maturity, then_
they shall be collectible with reasonable attor•ney' s fe,,s and
coats of collection, if incurred, r.nd shall also provide cubstan-
tially -chat the aliour. is evidenced tlD creby may be paid th the Col-
lector of Taxes of thu City of V''ichita Falls, Texn: , who stall
issue his receipt thcrefor, which receipt shall be evidence of
such payment upon any dem^.nd for same; and the Collector of laxcs
deposit the sums so rocuivod by him forthwith 7�ri th the City
Treasurer to be kept and held by him in a separate fund hereby
designated as "F-3 "Special Certificate
Fc_nd No. ; and wZc:n any payment she be m_ad�, to the tax Collector
upol_ such certificate, he shall upon presentation to him of the
certificate by the contractor or other molder 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; -cane," such endorse-
ment and credit shall be the Treasurer' s warrant for making such
payment. Payments by the Treasurer shall also be roceiptod 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_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 tho 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 co recited
and no further proof thereof shall be required in any courts
couons
thereto in evidence of eachdoro all�ofathe severaltes
einstallmentsacheG
thereof, or may have coupons for each of the first five i .stall-
-i nts, leaning the main certificate to serve for the six-c:; 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 or:' -rinal or with t':�e
fac-simile signatures of the Mayor and Cit-r Clerk.
Said certificates s-`iall further recite
that the City of Wichita Falls shall exercise all of its la��,ful
j:owees when requested to do so by the h.olde'r thereof to aic. i.�. c'Zc
collection thereof, and may contain recitals substantially i'D ac-
cordance wit,-, 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 forth, but the substance trzeref,call sufl ice. o
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 cobtificates issued in
Qvidence thereof, is in accordance With lave, vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meeting of the Board of Aldermen on the 2nd day of
T.larch
( SPI.L R E Sh )herd
rp mayor
�n -EST:
(Sgd.) r'a E TajcBro2m
City C er
PASSED on its second reading at a Regular
Meeting of the Board of Aldermen on the day of ,
192
ATTEST: Mayor
City er
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
,192 .
ayor
Attest:
City! Clerk