Ord 433 3/26/1923 AN OR"DINANCE ORDERING THE IMPROVEMENT OF A PORTION OF
_All-qt-in STREET BETWEEN THE South PROPERTY LI14E
OF-Eleventh STREET AND THE North Curb TMF10&Y LINE
OF Tw.alfts STREET DESIGNATING THE MATERIALS AND
METHODS OF IMPROVEMENT; AND PROVIDING FOR THE CONSTRUC-
TION THEREOF BY CI)NTRACT, AND PROVIDING FOR THE PAYMENT
OF THE COST OF SUCH IMPROVEMENTS , LEVYING ASSESSMENT
THEI?EFtR AND FIXING THE TERMS AND TIMED OF PAYI;IENTS ,
AND THE RATE OF INTEREST THEI EON, AND PROVIDING FOR
THE `ISSUANCE OF ASSIGNABLE CERTI FI CATEa .
BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDERS"EN
OF THE CITY OF WICHITA FALLS: THAT,
iHEREAS, the City of Wichita Falls has heretofore
determined by resolution the necessity of improving the fol-
lowing portion of street in said city: all the unpaved por-
tion of Austin Street , between the South property line
of 71.0--'rent.r street and the North pr ur .x line of Twelfth
Jtreet and plans and specifications therefor have been pre-
pared and filed by the City Engineer, and examined, corrected
and approved by the City, and bids for the making and con-
struction of such improvements have , after due advertisement
and notice , been received, opened and examined and the bid
of West Texas Construction Company for the making and con-
struction of such improvements , with the materials and methods
herein ordered, found to be the lowest responsible bid, and
the City Engineer has prepared and filed with the City esti-
mates of the cost of such improvements and of the amounts to
be assessed against abutting lots or parcels of property and
the owners thereof , with the description of each s uch lot or
parcel of property, and the names of the owners thereof , in
the manner required and provided by the Charter of this City
and the laws in force in this City and the proceedings of
this City applicable thereto; and,
WHEREAS, by resolution passed and adopted on the
;jjGt,day of n„ark 192_ it was ordered that a hearing
to all owners of property abutting on said portion of street
named to be improved , their agent: or attorneys , and all others
interested in the said improvements , or in any matter or thing
in anywise connected therewith , be held in the Council Chamber
in the Morgan Building in the City of Wichita Falls , Texas , at
� I ,r-M• , 19th day of February 1923, and that notice
of such hearing and the time and place thereof be given; and,
WHEREAS, such notice was given in the manner provided
in said resolution and in the manner and for the length of time
provided and required by law , and the proceedings of this Board ;
and,
WHEREAS, at said hearing all desiring to contest said
assessments or in a manner desiring to be heard concerning the
benefits thereof, or said improvements , or as to any other mat-
ter in manner connected with or incident thereto or as to dam-
ages resulting therefrom, were fully and fairl-,, heard , and all
errors , mistakes , inequalitites , and all other matters requir-
ing retification were rectified and corrected and the aldermen
having heard and considered the evidence , and being of opinion
from the evidence that the assessments herein below made and
charges hereby declared against property owners and their prop-
erty, are just and equitabel , and that in each case the assess-
ment made against any parcel or lot or property is less than
the benefits to said property in the enhanced value thereof by
means of the improvement upon which said property abuts , and
the Aldermen having considered and adopted the rule of appro-
tionment below set forth and the division of the cost of said
improvements , between , sbid property owners , and their property,
as ,just and equitable and producing substantial equality con-
sidering benefits arising from said improvements and burdens
imposed thereby, and damages resulting from or caused thereby,
such apportionments being the same as shown on the report and
estimate and statement hereto 'ore filed by the City Engineer
with the Board .of Aldermen, and hereinabove referred to, and
said hearing having been closed;
1 .
That the following portion of street in the City of Wichita
Falls is hereby ordered improved by raising, grading; and filling
same and installing concrete curbs and gutters , and paving with
Warrenite-Bitulithic Pavement on Concrete Foundation, under and
in accordance with plans and specifications therefor, heretofore
prepared and filed by the City Engineer, and adopted and approved
by the City, to-wit :
Austin street from the South property Line of Eleventh
street to the North Curb Line of twelfth street approximately
40 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 hereby 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 paving and 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 property being
as follows :
and being for the proper and proportionate amounts of the cost
of the improvement upon which 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 against them and their property, and the city paying
the remainder.
5 .
That the several sums above mentioned assessed against
said property, and the owners thereof , respectively, are herebTr,
together with all costs of collection thereof, including reason-
able attorne,y's fees and costs of collection, if incurred, and
interest on all of said sums at the rate of 8% per annum, de-
clared to be a lien on the said- respective parcels of property
against which the same are assessed, a nd a personal liability
or charge against ' the owners thereof, whether such owners be
herein correctly named or not, the assessments herein being
levied against the said premises and against the true 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 paramount lien thereon, super-
ior to all other liens and claims , except Mate , County . and
Municipal Taxes , and the sums so assessed shall be payable
as follows , to-wit:
In five equal installments , the first payable within
thirty days after the completion and the acceptance of such im-
provements by the City; the second in one year from said date ;
the third in 4" two years from said date ; the fourth in three
years from said date ; and the fifth in four years from said
date ; all bearing interest at the rate of 8% per annum, payable
. annually with the provision that if default shall be made in
the payment of any principal or interest when due the whole of
such assessment upon such default shall at once become due and
payable at the option of the contractor constructing such improve-
ments , or its assigns , provided, that said property owners shall
have the right, and are hereby given the option to pay before
maturity by payment of principal and accrued interest.
That the City of Wichita Falls shall not be in any
manner liable for the payment of any sum hereby assessed against
any property owner of his property, but that the said contractor
shall look solely to such property and the owners thereof , for
the payment of said sums , but the said City of Wichita Falls ,
shall exercise all of its lawful powers to aid in and enforce
the collections of said sums , and iC default shall be made in
the payment of any of said sums hereby assessed against said
property owners and their property collection thereof, shall be
enforced either by the sale of the said property by the Tax
Collector and Assessor of the City of Wichita Falls , as near as
possible in the manner provided for the sale of property for non-
payment of advalorem taxes , or at the option of said contractor
or its assigns , the payment of the said sums shall be enforced in
any court having jurisdiction .
6.
That for the purpose of evidencing the several sums
payable by the owners of said property and the times 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 improvements for which the assess-
ment is levied, which shall be executed by the Mayor and attested
by the City Clerk with the corporation seal in the manner provided
by the City Charter and law and proceedings in force in this City,
and shall be payable to the Contractor performing said work and
constructing said improvements , or its assigns which certificates
shall declare the said amounts and the times and terms of payment
thereof , and the said rate of interest payable thereon , and shall
contain the name of the owner and description of his property and
the lot and block number or front feet thereof, or such other des-
cription,. as may otherwise identify same , and if said property shall
be owned by an estate , the description thereof as so owned shall
be sufficient . Said certificates shall further provide that if
default shall be made in the payment of any installment of prin-
cipal or interest thereon when due , them, at the option of the
said. Contractor, or its assigns , being the owner and holder there-
of , the whole of the said assessment shall at once become due
and payable and shall be collectible with reasonable attorney s
fees and costs of collection, if incurred. Said certificates
shall further set forth and evidence the personal liability of
th6 owner of such property and the lien upon such premises , and
shall provide that if default be made in the payment thereof , that
the same be enforced either by sale of the property by the Tax
Assessor and Collector of the City of Wichita Falls , a s above
recited, or by suit in any court having ,jurisdiction and the
said certificates shall further recite substantially that the
proceedings with reFerence to making the said improvements have
been regularly had in compliance with the lads and proceedings
of the City of Wichita Falls, and with the provisions of its Char-
ter , and that all prerequisites to the fixing of the lien and the
claim of personal liability evidenced by such, have been performed,
which recitals shall be evidence of the facts so recited and
no further proof thereof shall be required in any Court . And
said certificates may also recite substantially that the amount
thereof, shall be +&Yable to the Collector of Taxes of the said
City, who shall issue his receipt therefor when paid, which re-
ceipt shall be evidence of such naTment on any demand for the
same , whether by virtue of said certificates or any contract
to pay the same entered into by the owner of such property and
that . the Collector of Taxes shall deposit all sums so received
by him forthwith with the City Treasurer, who shall keep the
same in a separate fund, and that when any payments shall be
made to the collector of Taxes upon said certificates , he shall ,
upon presentation to him of such certificates by the contractor,
or other holder thereof , endorse credit thereon for payment re-
ceived and the holder thereof shall be entitled to receive from
the City Treasurer the amount paid, upon presentation to him
said certificate so endorsed by the Collector of Taxes and cred-
ited by the holder with amount paid. And such endorsement and
credit shall be the Treasurers warrant for making such payment
to said contractor or other holder . And the said contractor
or other holder of said certificates shall receipt in writing
to said Treasurer therefor and surrender said certificates to
said Treasurer when paid in full, together with costs of col-
lection and attorney' s fees , if incurred. And the said cer-
of icates may further provide that the City of liVichita Falls
shall exercise its lawful powers when requested so to do by the
holder of the said certificates to aid in the collection thereof,
but the City of Wichita malls , shall in no wise be liable to the
holder of said certificates in any manner for payment of the a-
mount evidenced thereby, or for any costs or expenses in the prem-
ises , and such certificates may contain other recitals appropriate
thereto.
7.
That no mistake , invalidity, error, or irregularity
in the naming; of any property owner or the description of any
property, or the amount of any assessment, or in any proceed-
ings with reference to any assessment , shall in anywise inval-
idate or in anywise affect any assessment hereby levied, and
any such mistake or error, whether in such assessment or the
certificate issued in evidence thereof, may be corrected at
any time by the Board of Aldermen of the city of Wichita Falls ,
or reassessments therefor may be levied.
8 .
That this ordinance shall take effect from and after
its passage .
APPROVED:
MAYOR.
ATTEST:
CITY CLERK