Ord 559 1/19/1925 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 ASSESSi�17T1IDS AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES.
BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF v'IICHITA FALLS, TEXAS, THAT
WHEREAS, the Board of Aldermen of the
City of Wichita Falls, Texas, has heretofore by resolution passed
on the 24th day of November ,1,'2 4 , ordered the im-
provcment of Britain Street in saiT-City from its inter-
section with The . South Property line of Avenue "C"
to its intersection 7-1 1 the North Property line o
Avenue J by raising, grating and filling same
and installing concrete curbs and gutters and paving with two 2 inch
Asphaltic Concrgte Wi 1 to Process on four (4) inch ( Black Basel Asp'
t o ss foundation; and contract for the ma -
ng and construction of such improvements was let to Plains Pav-
ing Company; and the Engineer filed with the City rollor state-
11:t;nt 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 5th day of
Janl3ar�, ,1925 , all protests and objections were
overruled and said 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 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.
There shall be and is hereby levied and ass-
essed against each parcel of 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:
I
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
zonal and true owners of such propertyt 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 Levi-wd, and shall be the first and paramount lien there-
on, superior to all other liens and claims, except state, Countess
and municipal taxes, and the sums so assessed ahsll he. pay
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 bcar' 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 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.
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 owners 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 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-.
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 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 th6 name of the
owner of propert;y as accurately as possible, shall contain a
description of t1lic property by lot and block number or front feet
thereof, or such other description as may otherwisc identify
same; and if t-he property shall b,c owned by anestate, thlf }he
de-scription thereof as so owned slha.11 be sui f° cient, or_ ,
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, skull invaliclate or in any t,rise
impair any certificate or any assessment levied by this ordinance .
Said certificate shall provide substantial-I -y-
that if the same shl.11 not be paid prompltly uy on r:1a city, ther_
they shall be collc,ctible with reasonable at"corney° s fer"s and
costs of collection if incurred �.nd shall a?-so provide s,ubstan-�
tially that the ai,iour.ts ovidcncc;d _L.i,.creby may be -paid_ th the Col-
lector of T-ixo.s of. the City of `rich to Falls, Tex�,.s,
issue his roe 9.pt therefor, ,rahich r<,ccipt shall be evidence of
such payment upon any dem,-.nd "or same; and the Collector of Taxes
shad deposit the sums so rec.;ivcd by him forthwm t'-_ `.,i Gh the City
Treasurer to be kept and held by him in a scpnra.te fL,nd hereby
designated as taPtL 'sSpecial Certificate
Britain Street
Fv_nd No .1 ; and ,v^r zen any payment shall be ,aa�to the tal,, Collector
uporj such certificate, he shall upon presentation to ,i1endors of lee
certificate by the contractor or other holder thereof
sa�.d 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 writing, and by the surrender
thereof when the principal, together with accrued interest and
all costs of collection and reasonable attornQyls fees, if in-
curred, have been paid in full.
Said certificates_i.shall further recite
substantially that all proceedings with reference to raping such
improvements have been regularly had in compliance with late, 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 boon regularly done and performed, and
such recitals shall be prima facie evidence of the facts so rec ted
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 11.stall-
ments, leguing the main certificate to serve for the sixth in-
Stallment; which coupons shall be payable either to Plains Pavinu
Company or its assigns, or to Plains Paving Company or barer; and
such coupons may be signed either with the original or with the
fac-simile signatures of the Mayor and City Clerk .
.0 Said certificates s'-.all further recite
that the City of Wichita Falls shall exercise all of its la.7ful
,Dowers when requested to do so by the holder thereof to aic�_ in t,';hc
collection thereof, and may contain recitals substantially Jn ac-
cordance witz the above and other additional recitals
er ap-_Dropriate thereto, and it shall not ire : .ccessary that t'�e
recitals be in exact form set forth, but the substance thhereof
Aall suffice.
err► �+
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 cettifica,tes issued in
evidence theroof, is in accordance with law, vested in the City.
INTRODUCED AND PASSED on its first reading
at a Regular Meeting of the Boar. of Aldermen on the 5th day of
January - - 0192 5 .
(Sgd) Frank Colloer
Mayor
ATTEST:
(Sgd) « E McBroom
City Cl er7
PASSED on its second reading at a Regular
Mooting of the Board of Aldermen on the day of ,
192
Mayor
ATTEST:
City Clerk
PASSED ON ITS THIRD AND FINAL READING at a
Regular Meeting of the Board of Aldermen on the day of
2192
Mayor
Attest:
city Clerk