Ord 392 2/21/1922 AN ORDINANCE ORDERING THE INTROVEIAENT OF A PORTION OF INDIANA STREET
BET7EEN THE SOUTH PROPERTY LINE OF TENTH STREET AND THE SOUTH PROPERTY
LINE OF THIRTEENTH STREET DESIGNATING THE lFATERIALS AND "�"THODS OF
I!,?ROVM'AE14T, AND PROVIDING FOR THE C014STRUCTION THEREOF BY CONTRACT,
AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IlMPROVE11MTS, LEVYING
ASSESSTIENT THEREFOR, AND FIXING THE TERi4S AND TIMEES OF PAYN'FNNT, AND THE
RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
CERTIFICATES.
BE IT AND IT I5 HEREBY ORDAINED BY THE BOARD OF ALDERP..Mi OF THE CITY OF
WI C HI TA FALLS, THAT;
WHEREAS, the City of Wichita Falls has heretofore determined
by resolution the necessity of improving the following portion of street
in said City: all the unpaved portion of Indiana Street, between the
South Property line of Tenth Street and the South Property line of
Thirteenth street and plans and specifications therefor have been pre-
pared and filled by the City Engineer, and exar-,nined, corrected and
approved by the City, and bids for the making and construction of such
improvements have, after due advertisement and notice, been received,
opened and examined and the bid of hest Texas Construction Company for
the making and construction 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 estimates
of the cost of sue%? improvements and of the amounts to be assessed
against abuttin6 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; and,
VfliEREAS, by resolution passed and adopted on the ...--� _..
day of J"r,5,-- r`I- 1922, it wes ordered that a hearing to all
owners of property abutting; on said 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 tying in anywise connected
therewith, be held in the Council Chamber in the Morgan Building in
the City of Wi chit a Falls, Texas, at ': 7,M , _ day of
_., _, 922, 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,
tI EREAS, at said hearing all desiring to contest said as-
sessments or in a. manner desiring to be heard concerning the benefits
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 thereof by means of the improve-
ment upon which said property abuts, and the Aldermen having consider-
ed and adopted the rule of apportionment below set forth and the divi-
sion of the cost of said improvements, between said property owners,
and their property, es just and equitable and producing substantial
equality considering benefits arising; from said improvements and bur-
dens imposed thereby, and damages resulting; from or caused thereby,
such apportionments being the same as shown on the report and esti-
mate and statement heretofore filed by the City Engineer with the
Board of Alderman, and hereinabove referred 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 sane and installing concrete curbs and gutters, and paving
with Warrenite-Bitulithic Pavement on Concrete Youndstion, 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:
Indiana Street from South Property Line of Tenth Street to South
Property line of Thirteenth Street approximately n` 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 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 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 as-
sessed against them and their property, and the 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 $7o 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
onners thereof, whether such owners be herein correctly namedor 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 enforeeable claim against the said property
against which it is assessed, and be the first and paramount lien
thereon, superior to all other liens and claims, except State,
County, and Municipal Taxes, and the sums so assessed shall be pay-
able as follows, to-wit:
In three equal installments, the first payable within
thirty days after the completion and the acceptance of such improve-
ment by the City; the second in one year from said date; and the third
in two years from said date, all bearing interest at the r^te 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 pay-
able 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 pay-
ment 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 if default shall be made in the psyment of any of said sums hereby
assessed against said property owners and their property collection there-
of, 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 adval-
orem taxes, or at the option of said contractor or its assigns, the pay-
ment 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 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 assiEps 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 name of the owner and description of his property and the
lot and block numbc,r 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 own-
er and holder thereof, the whole of the said assessment shall at once be-
come due and payable and shell 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 owner 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 Falls, as above recited, or by slit 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 end proceedings of the City of
Wiehite Falls, end with the provisions of its Charter, and that all pare-
quisites 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 payable to the Collector of Taxes of the said
City, who shell 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 endorser.ent and credit shall
be the Tressurer's war rent 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 cer-
tificate to said Treasurer when paid in full, together with costs of col-
lection and attorneys fees, if incurred. And the laid certificates may
further provide that the City of Wichita Falls shall exercise it* lvwful
powers when requested so to do by the holder of the said certificates to
aid in the collection thereof, but the City of Wichita. Falls, 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 Falls, or reassessments
therefor may be levied.
8.
That this ordinance shall take effect from arld after its
passage. ' �! sJr
APPROVED:
ATTEST:
City Clerk
Mayor,
w
- cl TY OF WICHITAFALLS
I .
VICHITA FALLS, TEXAS
1ULIAN MONTGOMERY
CITY ENGINEER
Gent 1 e:tee n:
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