Loading...
Ord 441 4/30/1923 Oak. t• � r r AN ORDINANCE Oi DERINC 'iHE_ IIVIi'i=OVEi, ENT OF A PCR'l I ON OF Avenue "F. " BEiW EN THE East l?ronert LINE OF Monroe STREET AND THE ','Jest C»rb _LINE OF Giddings STREE DESIGTdnTING THE iViATERIALS A v METHOLS OF I MIPROVLPVENT, AND PRO- VIDING FOR THE C^vIISTRUCTION, THEREOF BY CO i�1TR='1CT ANDPROVIDIIJG FOR THE PAYMENT 0 THE COST CF SUCH I:MPR OVENIENTS , LEVYING AS-- SLSbMENT 'THEREOF, AND FIXING THE TLRTMb AND TIMliS CF PAYMENTS, AND THE PLATE OF INTEREbT THEhEON, AND PTZOVILING FOR '1HE ISSUATCE . OF ASaIGNABLE CERTIFICATES . BE L AND IT IS HEREBY ORDAINED BY THE BOARL OF ALDERN?EN .OF THE CITY OF W ICH I TA FALLS: THAT, WHEREAS , the Ci.t?T of 4Iichita Falls has he-etofore deter- mined by resolution the necessit- of imnrovirg the following portion of street in said citl! : all the unpaved portion of Avenue "F. " �6,tweet , between the East j roperty line of Qnro-r—_Street and the West Curb line of. G; d ,i nab Street and plans and specifications therefor have been prepared and filed by the City Engineer , and examined , corrected and ap- proved by the City, and bids for the maing and construction of such improvements have , after due advertisement and notice , been received , opened and examined and the bid of Oest Texas �.'onstruc- Lion Company for the making and construction of such improvements , with the materials and methods herein ordered found to be the low- est responsible bid, and the City. Engineer has prepared and Filed with the City estimates of the cost of such improvement: and of the amounts to be assessed against abutting lots or parcels of property and the owners:'thereof with the description of each such lot or parcel of property, and the names of the owners thereof , in the manner required and provided by the "barter of this City and the laws in force in this wit r and the proceed- ings of this City applicable thereto; and, HEILEAS , by resolution passed and adopted or, the 9th_ day of -QZL 1923 , it was ordered that a hoaring to all owners of property abutting on said portion of street named to be improved , their agents or attorne-S , and all others interest- ed in the said improvements , or in an17 matter or thing in any wise connected therewith , be held in the 6ouncil hamber in the Morgan Building in the city of "ichita Fails , Texas , at 7 :30 P•:.: • , ;70tda�- of Anri.l 1923 , and that notice of such hear- ing and the time and place thereof be given; and , vOHE�REAS , such notice was given in the manner provided in said resolution and in the manner and for the length of time pro- vided and required by law , and the proceedings of this Board ; and , VHEREAu , at said hearing all desiring to contest said as- sessments or in a manner desiring; to be heard concerning the bene- fits thereof , or said improvements , or as to and- other matter in manner connected with or incident thereto or as to .amazes re- sulting therefrom , w—re full7T and fairly heard , and all errors , mistakes , inequalitites , and all other matters reouiring reti fication were rectified and corrected and the Aldermen having heard and onsidered the evidence , and being of opinion from the evidence that the assessments herein below made and charges here- b-- declared against prop^rty owners and their property, are 'ust and equitable , and that in each case the assessment made against any parcel or lot or propert-- is less than the bonefits to said propert-- in the enhanced value thereof by means of the improve- ment upon which said property abuts , and the Aldermen having considered and adopted the rule of approtionment below set forth and the division of the cost of said i-nnrovements , bet,,.reen said property owners , and their pronerty, as lust and equitable and producing substantial e-uality consiOering benefits arising from said imnrove-gents and burdens imposed thereby , and damages resulting from or caused thereby , such annortionments being the same as shown on the report and estimate and stateTent thoretofore filed by the City Engineer A,ith the Board of Aldermen , and here- inabcvo reCerrod to, _Lnd said hearir_g having been closed; 'That the following portion of street in the '-'ity of Wichita Falls is hereby ordered improved by raising, grading and filling same and installing concrete curbs, and gut{.ers , &.nd pav- ing with "arrenite-Bitulithic Pavement on Concrete Foundation , under and in accordance with n1ans and specifications therefor , heretofore prepared and filed by the City Engineer, and adopted and approved by the Cit-, to-wit: Avenue F . from the East r'roperty Line of Monroe Street to the '.'lest Curb Line of Giddings Street approximately 30 feet from curb to curb . 2 . That said improvements be made and constructed in the name of the City by contract . 3 . That there is and shall be herebv levied against each of the owners of property below mentioned , and against his or her property below described , the several sums of money below mentioned and itemized for curbs and for pavingund for other improvements , and the total amount thereof , set opposite the name of the person and his or her property, the names of said property owners and the description of their property , and the several amounts assessed against them and their pronertT being- as follows: I r' 1 40 . 4 and being for the proper and proportionate amounts of the cost of the improvement upon ,,,,riich each such lot or parcel of land abuts ; 4. That the cost of such improvements shall be paid by the owners of abutting property, paying the sums by this ordinance assessed agai nst them and their property, a nd the city pa ,-ing the remainder . 5 . That the several sums above mentioned assessed against said property, and the o,jners thereof, respectively, are here- by, together with all costs of coil-action thereof, including reasonable attorne- s fees and costs of collection , if incurred , and interest on all of said sums at the rate of 8% ner annum, declared to be a lien on the said resuective parcels of property against which the same are assessed , and a personal liability or charge against the owners thereof , whethor such o�,rers be herein correctlT7 named or not , the assessments herein being levied against the said premises and against the Lure owners thereof , and the said liens shall be and constitute the first enforceable claim against the said property against which it is assessed , and be the first and naramount lien thereon , su- perior to all other liens and claims , except 'Tate , County and Municipal Taxes , and the sums so assessed shall be payable as follows to-wit: OR In five e,~ual installments , the first pavabi.e within thirt-T.r da--s after the completion and the acceptance of such im- provements by the City; the second in one vr ,ar from said date ; the third in two gears from said date ; the fourth in three years from said ddte ; and the fifth in four vears from said date ; all bearing interest at the rate of 8% per annum, pa-able annuall?r with the provision that if default shall be made in the pa-ment of any principal or interest when due the of such assess- ment upon such default shall at once become due and oaVabl-e at the option of the contractor conistructing such improvements , or its assigns , provided , that slid property owners shall have the right , and are hereby given the option to par be''ore maturity by pa�rment of principal and accrued interest . 'ihat the City of Wichita Falls shall not be in anv man- ner liable for the payment of any sum hareb•r assessed agq inst any prooerty o.vner of his property, but that the said contractor shall look solely to such property and the owners thereof , for the pa�,-ment of said sums but the said C it,v of Wichita "a lls , shall exercise all of its lawful powers to aid in and enforce the collectiors of said sums , �,.nd if default shall be made in the patrment of any of said sums hereb77 assessed against said property owne�­s and their pronert r collection thereof, shall be enforced either by the sale of the said property b7T the lax Col- lector and tissessor of the City of `J ichita Falls , a s near as pos- sible in the manner provided for the sale of property for nonpav- ment of advalorem taxes , or at the option of said contractor or its assigns , the parment of the said sums shall be enforced in any court having jurisdiction . 6. That for the purpose of evidencing; the several sums par- able by the owners of s aid propert* and the times and terms of pa-ment and t o aid in the enforcement thereof, a ssignabl e cer- tificates shall be issued by the City of Wichita Falls upon the completion and acceptance of the improvements for .,.hich the asp sesCment is levied , hich shall be exe-sited b-, the Nia^or and at- tested by the City Clerk with the corporation seal in the manner provided b,T the Cite Charter and law and nroceedings. in force in this City, and shall be pa, able to the "ontroctor performing said work and constructing said improve-ents , or its assigns which certificates shall declare the said amounts and the times and terms of na-rm�nt thereof, and the said rate of interest navable th-reon , and stall contain the name of the owner and description of his properth and the lot and block number or front feet there- of , or such other description as may otherwise identify same , and if said propert7 shall be owned by an estate , the descrip- tion thereof as so o,4ned shall be sufficient . said certificates shall further provide that ; f defa,ilt shall be -ade in the nay- ment of any installment of principal or interest thereon when due, them , at the option of the said Contractor, or its assigns , being the owner and holder thereof , the whole of the said assessment shall. at once become due and pa-able and shall be collectible with reasonable attorne-T' s fees and costs ,of collection , if in- curred . Said certificates stall further set forth and evidence the personal liability of the owner of such properth and the lien upon such premises , and shall provide that if default be made in the na,,rment thereof, that the same be onf orcod either by sale of the properth by the Tax 1`,ssessor and Collector of the Citv of 1�1,!ichita Falls , as above recited , or by suit in am court having jurisdiction and the said certific,Aes shall fur- ther recite substantially that the proceedings with reference to making the said improvements have been regularly h�;d in com- pliance with the laws and proceedings of the C it-1 di' W ichita Fails , and zrith the _provisions of its Charter , and th! t all nrereouisites to the fixing of the lien and the claim of per- 1 �A tonal liabilit,r evidenced by such, '^,ave been performed , which re- citals hhall be evidence of the facts so recited and no further proof thereof shall be re-!Aired in ann Court . And said certifi- cates may also recite substantiall- that the amount thereof , shall be payable to the Collector of Taxes of the said C it-,* , who shall issue his receipt therefor ,!hen paid, «;,hich receipt shall be evidence . of such pavment on any de-nand for the same , whether by virtue of said certificates or any contract to pay the same entered into by the owner of such pronerttr and that the Col- lector of Taxes shall deposit all sums so received by him forth- with with the City Treasurer, who shall keep the same in a Sep- arate fund , and that when any payments shall be made to the col- lector of Taxes upon presentation to him of such certifi-aces by the contractor , or other holder thereof, endorze credit there- on for payment received and the holder thereof shall be entitled to receive from the City Treasurer the amount *)a_id , upon presen- tation to him said certificate so endorsed by the Collector of Taxes an!1 credited by the holder with amount paid . And such en- dorsement and credit shall be the ireasurerIs warrant for marking such pa-rment to said contractor or other holder . And the said contractor or other holder of said certificates shall receipt in writing to s� id Treasurer therefor and surrender said certific= tes to said Treasurer oihen paid in full , together with costs of col- lection and attornev' s fees , if incurred . And the said certifi- cates may further provide that the C it7T of Wichi to Falls shall exercise its lawful powers when requested so to do by the holder of said certificates to aid in the coll,:�ction hereof, but the City of ,,ll icl-ita Falls , shall in no wise be l..i ahl e to the holder of said certificates in any manner for nayment of the amoi_int evidenced thereb-r, or for anv costs or expenses in the premises ,. and such certificates may contain other recitals annropriate t1--re- to. 4 410 7 . That no mistake , inval.idit-- , error, or irregularity in the naming of any property oviner or the description of any property, or the amount of any assessment , or in any proceed- ings with reference to any assessment , shall in an77wise inval- idate or in anywise affect any assessment hereby levied, and any such mistake or error, ;-,,hether in such assessment or the certificf=te issued in evidence thereof , main be corrected at an7.7 time btu the Board of Aldermen of the Cit-� of Wichita Falls , or reassessments therefor may be levied. 8 . That this ordinance shall ta :e effect from a nd after its passage . APPROVED: MAY OR . !— ATTEST :