Ord 388 11/30/1921 t
r
ORDIIUNCE
AN ORDINANCE ORDERING THE IMPROVEMENT OF FRONT STREET
FROM INDIANA AVENUE TO OHIO AVENUE, DESIGNATING THE MATERIALS AND METH-
ODS OF IMPROVE= AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONT-
RACT, AND PROVIDING FOR THE PA LENT OF THE COST (F SUCH IMPROVEIM TS,
LEVYING ASSESSMENTS THE-?EFOR, AND FIXING THE TERMS AND T TOS OF PAYLMNT
AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUANCE OF ASS-
IGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY-
BE IT AND. IT IS HEREBY ORDAINED BY THE BOARD OF ALDER*-
IvIEF OF THE CITY OF IVIRRITA FALLS : THAT,
WHEREAS, the City of Wichita Falls, has heretofore det-
ermined by resolution the necessity of improving the following portion
of streets in said City:
Front Street from Indiana Avenue to Ohio Aveaue;and plans
and specifications therefor have been prepared and filed by the City Eng-
ineer, and examined, corrected and approved by the City, and bids for the
making and c castruction of such improvements have, after due advertisement
and notice , been received, opened and examined and thy, bid of paving ,
sq yd Excavation cents ; curb 1, per ft, headers
cents for the ma ng`r�3 a instructing Ur-s-acn-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 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 pro-
ceedings of this City applicable thereto; and,
WEMEAS, by resolution passed and adopted on the day of
' ",. 1921 it was ordered that a he4ring to all
owners property a u ing on said portions of streets named to be im-
proved, their agents or attorneys, and all others interested in the said
improvements or in any matter or thing in any wise connected therewith
beheld in the COUNCIL Chamber in the Morgan Building is the City of
Wichita Falls , Texas, at 7:30 p. Ni. on the 28th day of ovember
19210 and that notice of such hearing an the time and place thereof
given; and ,
WREREAS, at said hearing all desiring to contest said
assessments or in any manner desiring to be heard concerning the bene-
fits thereof, or said improvements , or as to any other matter in manner
connected 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 corr-
ected,and the commission having heard and considered the evidence, and
being. of opinion from the evidence that the assessments hereinbelow made
and charges hereby declared against property wlners and their property
are just and equitable,encl that in each case the assessment made against
any parcel or lot of property is less than the benefits to; said property
in the nenhanced value thereof by means of the improvement upon which
said property abuts, and the Commission having considered and .adopted the
rule of apportionment below set forth and the division of the cost of said
improvements between said prpperty owners , and their property, as just
and equitable and producing substantial equality considering benefits
arising from said improvements or burdens imposed thereby, and damages
resulting from or caused thereby, such apportionment being the same as
shown oa the report and estimate and statement *heretofore filed by the
City Engineer with the Board of Aldermen, and hereinabove referred to,and
such benefits and assessments against the tespective lots and parcels of
property herein below mentioned and made having been determined consider-
ing the improvement of each section of street herein ordered as a sep-
arate and inkependent unit of improvement separate and distinct from each
and every other portion of street ordered improved and said hearing hav-
ing been eloseds
I•
That the following portions of streets in the City of
Wichita Falls, are hereby ordered improved by raising, grading and fill-
ing same and installing c oacrete curbs and gutters, and paving with conc-
rete pavement , under and in accordance with pins and specifications there-
fpr heretofore prepared and filed by the City Engineer, and adopted and
approved by the City.
II.
That said improvements be made and constructed in the
name of the City by contract, and that the improvements on each portion
of streets ordered be improved be regarded as a separate unit of imp-
rovement and separate c cutracts for each such portion of streets be let.
III-
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 , to-wit : and being for the proper*7 and proportionate amounts
of the cost of the improvement upon which each such lot or parcel of
land abuts ; for- list see adddnda.
IV*
That the cost of said improvements shall be paid by the
owners of abutting property, taying the sums by this ordinance assessed
against them and their property, and the city paying the remainder.
V.
That the several sums above mentioned assessed against
said pr operty,and the owners thereof, respectively, ate hereby,togethe r
with all costs of collection thereof, including a reasonable attorneyls
fees and costs of collection, if incurred and interest on all of said sums
at the rate of ff70 per annu.m, declared to be a lien on the said respect-
ive parcels of property against which the same ate assessed, and a per-
sonal 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 par-
amomnt lien thereon, superior to all other liens and claims, except State
County and Municipal taxes, and the sums so assessed shall be payable as
follows, to-wit:
In three equal installments, the first payable upon the
completion of the unit of improvement upon which the lot or parcel of
land against which the assessment is levied abuts , and the acceptance of
such improvements 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 rate
of 8% per amnum 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 improvements
or its assigns , provided, that said property owners shall have the right
and are hereby given the option to pay any or all of the said install-
ents hereby given the: option to pay before maturity by payment of prin-
ipa.l and acerued 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 or his property, but that the said Contractor shall look solely to
such property and the owners thereof, for
othe payment
of said s s, but
the said City of Wichitq. Falls, shall exercise
to aid in and enforce the collection of said sums , and if default shall
he 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 saL a of the said property by the Tax Collector and Assess-
or of the City of Wichita Falls , as near as possible in the manner pro-
vided for the sale of property for non-payment of ad valorem taxes, or
at the option of said contractor or its assigns , the payment of the said
suss shall be enforced in any court having jurisdiction.
VI.
That for the purpose of evidencing the several sums pay-
able by the owners of said property and the times and terms amt 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 exe-
ented by the Mayor and attested by the City Clerk with the corporation
seal in the manner provided by the City Charter and by the law and JUXI
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 sai& 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 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 de$sult 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 ss
owner and holder thereof, the whole of the said assessment shall at once
become due and payable and shall be collective with reasonable attorneyis
fees and costs of collection if incurred. Said certificates shall further
set forth and evidence the personal liability of the owner of such prop-
erty and the lien upon such premises, and shall provide that if default
be ma de in the payment thereof that the same be enforced either by sale
bf the property by the Tax Assessor and Collector of the City of 'gichita
Falls, as above recited, or by suit in any court having juriedieti on and
the sadd certificates shall further recite substantially that 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 provisions of its Charter, and that all prerequisities to the
fixing of the lien and the claim of personal liability evidenced by such
have been performed, which recitals shall be evidenced of the facts so
recited and no further proof thereof required in any Court , and said cer-
tificates 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 evidenced for such pay-
ment 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 cer-
tificates by the co retractor, or other holder thereof, endorse credit there-
on for payment received and the holder thereof shall be entitled to rec-
eive from the City Treasurer the amount paid, upon presenting to him said
certificate so endorsed by the Collector of taxes and credited by the
holder with the amount paid. And such endorsement and credit shall be the
Treasurer's 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 certif-
icate to said Treasurer when paid in full, together with costs of coll-
ection and attorneyls fees if incurred. And the said certificates may fur-
ther provide that the City of ,richita 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 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 expensba in the
premises, and such certificates may contain other recitals appropriate
thereto.
VII.
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 guy sta wise invalidate or in any wise affect any ass-
essment hereby levied, and any such mistake:-,or error, whether in such ass-
essment 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 reass-
essments therefor may be levied.
VIII•
That the condition of the portions of the streets to be
improved endangers the safety of personA and property and constitutes an
urgent public necessity demanding the suspension of the vww rules requi-
ring the reading of this ordinance on (3) three separate days , and the
reading of this ordinance on three (3) separate days is hereby by unanimous
vote of all the members of the Board dispensed with, and this ordinance
shall take effect from and after its passe,
Passed and approved this nth day of November 1921.
May or
ATTEST:
City Clerk