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Ord 406 5/15/1922 no date used Ord 407 date ANI� ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF BURNETT STREET BETWEEN THE SOUTH PROPERTY LINE OF ELEVENTH STREET AND THE TWO HUNDRED THIRTY SIX FEET SOUTH OF SOUTH PROPERTY LINE OF EIGHTEENTH STREET DESIG- NATING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT, AND PROVIDING FOR THM PAYMENT OF THE COST OF SUCH IMPROVY3NTS, LEVYING ASSESSMENT THEREFOR, AND FIXING THE TERMS AND TIMES OF PAYMENT, AND THE RATE OF INTEREST THEREON, AND PRO- VIDING FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALS, THAT, WHEREAS, the City of Wichita Falle has heretofore determined by resolution the necessity of improving the following portion of street in said City: all the unpaved portion of Burnett Street, between the South Property line of Eleventh Street and the two hundred thirty six feet south of the South Property line of Eighteenth Street 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 construction of such improvements have, after due advertisements and notice, been received, opened and examined and the bid of the West Texas Construction Company for the making and construc- tion of such improvements, with the materials and methods herein ordered, found to be the lowest responsible bid, and the City Engineer has pre- pared and filed with the City estimates 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 such 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; end, 1HEREAS1 by resolution passed and adppted on the �7th day of March 19229 it was ordered that a hearing to all owners of property abutting on saic portion of street named to be im- proved, their agents 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 8:00 P.M., 17 day of April 1922, 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 as- sessments or in a manner desiring to be heard concerning thebbnefits thereof, or said improvements, or as to any other matter in manner con- nected with or incident thereto or as to damages resulting therefrom, were fully and fairly heard, and all errors, mistakes and inequalities, and all other matters requiring rectification were rectified and cor- rected 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 property, are just and equitable, and that in each case the assessment made against any parcel or lot or property is less than the benefits to said property in the enhanced value therof by means of the improve- ment upon which said property abuts, and the Aldermen having consider- ed and adopted the rule of apportionmentbblow set forth and the divi- sion of the cost of said improvements, between said property owners, and their property, as just and equitable and producing substantial equality considering benefits arising from said improvements and bur- dens imposed thereby, and damages resultingfrom or caused thereby, such apportionments being the same as shown on the report and esti- mate and statement heretofore filed by the Uity Engineer with the Board of Aldermen, and hereinabbvereferred to, and'said hearing hav- ing 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 roundation, under and in accordance with plans and specifications therefor, heretofore pre- pared and filed by the City Engineer, and adopted and approved by the City, to-wit: Burnett Street from South Property line of Eleventh Street to two hundred thirty six feet south of South Property line of Eighteenth Street approximat6lY forty 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 ageinst his or her prop- erty 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 than 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 as- the sessed against them and their property, and city paying the re- mainder. 5. That the several sums above mentioned assessed against said property, and the owners thereof, respectively, are hereby, to- gether with all costs of collection thereof, including reasonable attorney's fees and costs of collection, if incurred, and interest on all of said sums at the rate of 87e per annum, declared to be a lien on the said respective parcels of property against which the same are assessed, and 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, superior to all other liens and cleime, except State, County, and municipal Taxes, and the sums so assessed shall be pay- able as follows, to-wit: In five equal installments, the first payable within thirty days after completion and the acceptance of such improve- ment by the City; the second in one year from said date; the third in two years from said; the fourth in three years from said;date; and the fifth in four years from said date, all bearing interestat 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 be- come due and payable at the option of the contractor constructing such improvements, 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 r"alls 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 Palls, shall exercise all of its lawful powers to aid in and enforce the collections of said sums, and if 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 pay- able 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 assessment is levied, which shall be execut- ed by the Mayor and attested by the City Clerk with the corporation seal in the manner provided by the City Charter and the 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 certi- ficates shall declare the said amounts and the times and terms of pay- ment thereof, and the said rate of interest payable thereon, and shall contain the names of the owner end description of his property and the lot and block number or front feet thereof, or such other description 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 principal or interest thereon when due, then 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 payable and shall be collectible with reasonable attorneys fees and costs of collection, if incurred. said certificates shall fur- ther set forth and evidence the personal liability of the owners of such property and the lien upon such premises, and shall provide that if de- fault 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 i allas, as above recited, cr by suit in any court having jurisdic- tion 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 laws and proceedings of the City of Wichita falls, and with the proirisions of its Charter, end that all pro- requisites to the fixing of the lien and the claim of personal liability evidenced by such, have been performed, which neitals 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 payable to the Collector of Taxes of the said City, who shall issue his receipt therefor when paid, which receipt shall be evidence of such payment on any demand for the same, whether by virtue of said certificate 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, en- dorse credit thereon for payment received and the holder thereof shall be entitled to receive from the City Treasurer the amount paid, upon present- ing 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 Treasurer's warrant for making such payment to said contracto or other holder. And the said contractor orother holder of said certificates shall receipt in writing to said 1reasurer therefor and surrender said cer- tificate to said Treasurer when paid in full, together with costs of col- lection and attorneys fees, if incurred. And the said certificates may further provide that the City of Wichita gulls 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 galls, shall in no wise be liable to the holder of said certificates in any manner for pay- ment of the amount evidenced thereby, or for any costs or expenses in the premises, 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 proceedings with reference to any assessment, shall in any wise invalidate or in any wise affect any assess- ment hereby levied, and any such mistake or error, whether in such assess- ment or the certificate issued in evidence thereof, may be corrected at any time by the board: of Aldermen of the City of Wichita galls, or reassessments therefor may be levied. That this ordinance shall take effect from and after its passage. APPROVED: ATTEST: City wlerk Mayor