Ord 449 11/16/1923 ORDINANCE L a`\!7ZII\G 1"C3 i� ?l 0
II:I:PROVING A POP i I01;
CITY OF WICHI 'r. _j -- 'D L .i
��G1�IITS^1 DUTr�'Ii'G D ORSETY AND THE3 Oti''I1';; TMRZOR, . .;:.R0=
ii.Pl J?G .7- TF- `1�.1..tI�_-L'''ITviT J-, �l .._-T3 ) C,
.�.%...� 13. JA1T(l,3 :'�w7 i.Jl l,�'i i>>.-i 1.�.. 7��,.>i ,�, -. i��i. 1J�....1
I.. G lI _EI. U N�
CJHLZ...S, the Board of j.ldcrmcr. has h�rctcfcr(; res
olution pwssed - t'110 c=� of _ _ _ 1� , orc.r r the i :.=
�ruv ;gaunt of o ► atrcct�in s�.i4 C t fXOM its tntersectivn
ith the 1_1c �4_tiY �' _ inc of a
�;trc=c t to"its antereCtion �,ih�th� _ .fir,} lam. .. . G!aree line�4z .
_ ., b � :ei �, l�il 17"same.
lrista.lIin _ �� r�Le... �1r -.L n U �,nc l��.vir�g Frith ,� i h r-Ce-
4 c-,n Y�� _ _ _ ._ cx . contraZ'k io.: th< ;sc.l,ing �.nd Dons c
Lion of such improvemc-nts was let to -/--. �� � ���. a j,1, � C� � __,
ti.neL the Engineer filcC. with tho City roll or stc,tement showing
ions of the various parcels of abutting property, the amounts to be as
,�;sscd against each parcel of property and showing other matters a.nd
things ; and such roll or Statomcnt ;..was cxz.i ineC, and approved ; and cftE;r
due and proper notice, hearing wa.s helc and had ; and by resolution.
>� ssed on the day of protests ind objec=
tions made were overruled and the sai6 hey-ring closed ; and
7'`E2 " all other matters -.nC, things necegsary and
prereruisi,te hereto have been done and y)erformcd ; and the 3oa.rC<. of
Y.ldermen being of the opinion th.-.t the a;_);,)ortionnient of the costs here=
in'?elo`-, maC.e and set forth is in substantial yiropo-rtion to the bene:L-its
Co the respective parcels of abutting l-)ro-..Derty in the enhance
value
thereof b_t- means of such ia,)roveiaents, anc' is in L.ocoraance with the
law and the proceedil7 �s of the City, a.nC,_ that the z.mounts hereinbelo.
shown an(, assesseC .ga.inst such parcels of property do not in c se
exceed the benefits to such -property in the enha.nceL value thereof ',�y
means of such improvements, and that the assessments so shown anC_ ma.c e
c_o not eXceed the proportions of costs properly chargeable to such )ro=
">erty under the law and charter in force in this City ;
THM3E_'O E DIS IT ORDAINED BY THE 30.pRD 011 ALDERIZET OF
Tn CITY O.p WICHITA FALLS, TEXAS, Tffi�,T:
I .
There shall be and is hereby levied and assessed again=
st each parcel of 1 roY erty hereinbelov; mentioned and against the ovine:
thereof the sums of money below mentioned and itemized and the total
a;:lount set op-polite the descri-)tion of each -)a reel of l)rol)erty ; the
several amounts assessed against SaMe, together with the total amount
�.ssessed., anC: the =.mes of the oi-mers of such ;I�oy,erty so far as "row-.a
bein a's follows ;
The
said parcels of propryt-r L-,nd to=
gether with interest th.rc-on ..ho rats: of �_L'Fht 1;ci ^urt anirmi
together with reasonable atturlieYo i("D"> qUEto Of C-)I"..Ccuiont
incurred, are hereby declared to oc l,a rjiLcie a li_:n. 'Uh-, z:e-sp,-ur-
tive parcels of property against whi- ch -thc sU,ne a-.er, L-rd a
J. C_ 1 such
personal liability and charge agai.iist t7ir r,�a� --id trUe , f � ch
property, whether such owners be named herein or nct , aiio 'Llhc, sail
ions shall be and constitute a first onfor.,et-ble Oairi aaati-Lrt the
property on which assessment is levied, ard shL.I_L u,- tl.1iu fi-st and
paramount lion thereon, superior to all otho-" liens anll claims exoept
state, county, and municipal taxes, and the sums 6o as8pssod E,bail_ be
payable as follows, towit:
In tallments ( anrualj , due
respectively on or b Ir4 d V4 y 40e-
OT re 7F��J:Yv_p-A,14,
years after the date of completion e F,+a n c(3 by the e 'I 7f 7"i rl
improvements, and the saris assessed shall bear inn-ercst frr)!A date of
such completion and acceptance at the rate provided, payable annually
with each installment, and provided that if defaa-i.t be made in the
payment of any principal or interest when due., t1-in who? u of the asses
ment w��_
which default is made shall, 7A the oj-�)t i on of Z- JV41 Lt
t- or its assigns, be anC, beccme at- onceable attorn,��y' s foes ard oosts of col=
and TayaFl t7gither with reason,
lection if incurred ; and provided further that tl'io ow-iors of such pro=
perty shall have the right to pay any cr C-17- of arc said installments
before maturity at any time, by paym_,nt- of _,nd interest
accrued to the date of pa-yroent .
TII .
The City of �'Iinhita 11allr, shall not be in any racanner
liable for the payment of any sums asoessed against any abutting prop=
orty or any owner, but the said 4 E_:_ lfk�iYkk4AAIL — T__ �*_ —
and its assigns shall look sole".y to ,--such ovinczrs for payment of the
sums assessed ; but the City of 1.7:Lchita Falls shrll o-xGrcise all of its
lawful powers to aid in the enforcement anti collection of scid lions
and sums and personal liaabilit4_cs ; and if do-j'_-'ault shall be made in the
-oay.mcnt of any of said sums, collection 'V-hcrc,,foi: shall be enforced
either by sale of the pro-oci-ty by the tax assessor -uid collector of the
City of Wichita Falls, as near as possible in the manner provided for
sale of property for the non=�)ayipe.yit -f ad=valorom axes, or at the:
o-,-)tion of thasaid -t--- -IE:—'• JZkp_�_Z' 4- ��. 0 t-
' its assigns, the payment of said sudus and sEld lions and liabilities
shall be enforced in any court having jurisdiction.
IV.
For the -)ur-)ose of evidencing the several sui-.as
ass'-sseL against said parcels of abutting property and the, ownoi:s there
of , and the time land terms of -)ayment, an.C_ to aid in the eniOa:co'.1ent
thereof, assi-nable, certificates shall '--Ie issue,,-- by the Cit.," of Vlichit_
S-1,10--upon the -.ors,:)letion ,_rZ acce-Aance of the viorh- which certifi=
ates shall be executed by the Mayor in the name of the City and attest=
,d b-,- the City Clerk with, the corj)ora ion seals and shall be payable to
L , &'- - cam-_ �-, - — — or its assigns, and
,i'FIT declare The 'Eaid amounts, time and terms of payment, and the rate
f interest, and the date of completion and acceptance of the improve=
-ents, shall contain the name of the owner of the property as accurately
tts possible, shall contain a description of the property by lot and block
umber or front feet thereof, or such other description as May otherwise
Jentify same ; and if the property shal, be owned by an estate, then the
description thereof as on b� nufflcient, or if the name of
the owner be unknown, trl"ri -i:,o so b.e sufficient, and no ez =
ror or mistake in describs.r.g .2.r.;y- :of er cv or i.ri giving the name of the
owner, shall invalidate cr in any yr se irpair any certificate or any
assessment levied by th;.s
Said ("ey ;_ __. + ., -�.1.�. ~e'� �c'e .�ubwta.ntially that if
same shall not be paid prc.i_, ;: y a :nav;?r ty, thjjr. the,r sha?:i. be col=
lectible with reasonable ar:d costs of collection if in=
currcd, and shall also -provide s;:`" tantially +hat the amounts thereby
evidenced may be paid to the c;olE_ ctor of taxes in the City/ of Giichita
falls, Texas, who shall issue his receipt therefor, which receipt shall
be evidence of such payment upon any demand. for same; and the collector
of taxes shall de;)osi.t the suns so received by him forthwith with the
City Treasurer to be .kept and held by him in a separate fund hereby
designated as e� _ _ _ _ Street Special Certificate Fund NO
(; v . ; and'when ny amount shall be made to the tax collector_upon
—such—certificates, he shall upon presentation to him of the certificate
by the contractor or other holder thereof, endorse said payment thereon,
and the contractor or holder of such certificate 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 endorsement and credit shall be the Treasurer ' s warrant
for making such payment. Payments by the Treasurer shall also be receipt
ed for by the holder of such certificate in writing, and by surrender
thereof when the principal, together with accrued interest and all costs
of collection and reasonable attorney's fees, if incurred, have been
.-paid in full.
Said certificates shall further recite substantially
that all proceedings with reference to making such improvements have
been regularly had in compliance with the law, and that all prerequi=
sites to the fixing of the assessment lien against the property des=
cribed in such certificates and the personal liability 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 _ kr � ,e_. installment ; which
.,..
coupons shall be payable either to _ —7 ��... a,-t�4-4 C:.
or its assigns, o _-te -- __ _, orbearer bearer ;
up such coons may be signed eitKier w 'ith £he original76r with the fac=
simile signature of the Mayor and City Clerk.
V.
Full power to make and levy re=assessments in any case
and to correct mistakes, errors, invalidates, or irregularities, either
in assessments or certificates issued in evidence thereof, is, in accold=
ance Vlt;a law, vested in the City,
VI .
The fact that the imTrovements herein mentionee arc be=
ing delayed pending the effect of this ordinance, and that the condition
of said portion of street endangers the ;public health and safety, con=
;titutes and creates an ur,ent public necessity requirii7 g thLt the r:zlc.
providing that ordinrmoc6 bc
r (,r.e mooting and for
than one time be susjjer.Ji�!-, ,b a c This o-d-inar.ce be
-gassed and take effeut 'Y ad F,1ach ru les zre
accordingly suspcndaa., s-,el c,,:3 i-u
m e a sL,,r e, and shall be is f t e r
its passage.
'uhis day of - - - - - - 192 .
IRL-YOT;-CITY-07 Ta-CH-ITZ FA:L-L-d'TfEZ
ATTEST: