Ord 382 8/4/192 no date used Ord 381 date Ell
AN ORDI1.11J'C7, ORDERING TH-P, DTROITLTEFT OF A PORTION OF FTTITOIR-9� I
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STREET I�ETWETETY T11117 NORTH PROPERTY TI11-7, OF AW",FUTF, "F A1-TD TAT 7
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;11 Ej 11G" DP4,9I(:'rj`JATITT(1r TT7 YIATEIRIATS AND
YOFTN PROPERTY LINE, OF AVTTTP RUTiT T-T7,
17,THODS OF I1TROV7,j1[T�,j1JT , Ll,TD PROVIDING FOR T�7, COTTST CTIOTV R,
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OF BY CONTRACT ATT) PR(71I FOR TIP, � AY17"ITT 0 Tl�.7,, COST 0
SUCK I1.1TR0VT11jE'1rS , T,MyI11f, 499ESSIMITT TU7R7YOR, ATTT FIXING TTT_4 T -P,3 Tr, -OT A17)
TERIT9 ATM T UTM) OF PAT,-77,TIT , AND TITE, R_V 7, OF I'i,%TFR I, T TT- R1� T,
7 133T 3 -71 C ,-IFT -I)TE
PROVIDING FOR TTj T, TAITCE, OF A,99. IGI'A`�T, F791 0 (i
"9",F I,,p .,kim IT IS 14ERE-3Y ORDAIY7�M PY TH-",, 'BOARD OF jTT)�,R1,.77N OF T77
CITY OF 1,T,,.TIC11ITA FA77,S , THAT ,
17FER7,AS , the City of s,Afichita Falls has heretofore deter-
mined by resolution the necessity of improving the followin-,
-oortions "of streets in said City: all the unpaved portion of
Filmore 'street, between the North property line of Avenue "F" and
the North property line of Avenue "Gl "
and plans and specifications therefor have been prepared and filled
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 advertisement and notice, been received , opened
and examined and the 'bid of Texas Biti)lithic 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 Cit�T 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 provid-
ed 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 25tX day
of -J-k/ 19219 it was ordered that a heariw,, to all owners
of. property abutting 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 anywise connected
therewith, be held in the Counci,,1 Chamber in the 1,Torgati Building in
the City of Wichita.; Falls , Texas , at 8 :00 PTT 22nd, day of August
1921, and that notice of such hearing and the time and place ther:,:
of be given; and,
"IHERE'AS , 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 hoard;
and,
WHTEAS , at said hearing all desiring to contest said
assessments or in any manner desiring to be heard concerning the
benefits 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 recti-
fication were rectified and corrected. 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 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 pro-
perty in the enhanced value thereof by means of the improvement
upon which said property abuts, and the Commission having consider-
ed and adopted the rule of apportionment below set forth and the
. division 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 im-
provements or burdens imposed thereby, and damages resulting from
or caused thereby, such apportionments being the same as shown
on thereport and estimate and statement heretofore filed bv the
City Engineer with the' City Commission, and hereinabove referred
to, and such benefits and assessments against the respective lots j
and parcels of -property hereinbefow mentioned of such section of
street herein ordered as a separate and independent unit of im-
i
: provement , separate and distinct from each and every other portion-
of street ordered improved and said hearing having; been closed;
jtt
r Y
1.
That the followi:ig Portion,,,:,, of streets in the City of
17ichita I',.11s are herebTi ordered. improved by raisir:.g, grading
and filling swine and installing concrete curbs and gutters , and
paving with 91tulithic Pavement on. Concrete Foundation, under
and in accordance with plans and specifications therefor, hereto-
fore prepared. and riled. by the City En�,ineer , and adopted and
approved by the City.
11.
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 improvement and separate contracts for each such portion
of streets be let.
ill .
That tilers 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 mention-
ed and itemized for curbs and for raving and for other improve-
ments , and the total amount thereof, set opT)osite the name of
the x)erson and his or her property, the names of said property
owners and the description of their property, and the several
amounts assessed a¢aiinst them and their property being as follows :
to-wit :
� +I
o •
and being; for the proper and proportionate amounts of the cost
of the improvement lir)on which each such lot or parcel of land
abuts;
IV.
`.i'hat the cost of such improvements shall be paid by
the otrrners of abatti(17 property , paying the sums of this ordin-
ance assessed against them and their property , and the city
t paying the remainder.
V.
That the several sums above mentioned assessed against
said property, and the omers thereof, respectively , are hereby,
together with all costs of collection thereof, including a reason
able attorney' s fees and costs of collection, if incurred, and
interest on all of said sums at the rate of 8 o per annum, de-
clared to be a lien on the said respective rarcels 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 is is assessed , and be
the first and paramount lien thereon, superior to all other liens
and claims , except State, County, and ?'7unicipal Taxes, and the
sums so assessed shall 'be sayable as follows , to-wit :
i
In three equal installments, the first payable
within thirty days after the completion of the unit of improve-
ment upon which the lot or parcel of land against which the as-
sessrrient is levied abuts , and the acceptance of such improvement 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%I
ner 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 bedome
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.
All That the City of ?Nichita 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 ',Vichita Falls ,
Shall exercise all of its lawful powers to aid in and enforce the
collection of said sums , and if default shall be made in the pay-
ment 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 i'ax Collector and .
Atsessor of the City of 77ichita +'cells , as near as possible in the
manner provided for the sale of property for non-payment of ad valor-
em taxes , or at the option of said contractor or its assigns , the
payment of the said sums shall be enforced in any court having
'aurisdiction.,
F V1.
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 certifi-
cates shall be issued by the city of 'Yichita Falls upon the com-
pletion and acceptance of the improvements for which the assess-'
which shall be executed by the IJayor and attes
went is levied, ti. ,
by the City Clerk with the corporation seal in the manner -
i
yl
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 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 description as
may otherwise identify same, and if said property shall be
owned bIT 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, 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 at-
torneys fees and costs of collection, if incurred. Said certi
ficates shall further set forth and evidence the personal lia-
bility of the owner of such property and the lien upon •sueh
premises , and shall provide that if default be made in the pay-
ment thereof, that the same be enforced either by sale of the
property by the Tam. Assessor and Collector of the City of '"Tichita
Falls , as above recited , or by suit in any court . having juris-
diction and the said certificates shall further recite substanti-
ally that the proceedings with reference to making the said im-
provements have been regularly had in compliance with the laws
and proceedings of the City of Wichita Fails, and with the pro-
visions of its Charter , and that all pereguisities to the fixing
of the lien and the claim of personal liability evidenced b = such,
have been performed, which recitals shall be evidenced of the
facts so recited and not farther proof thereof, required in any
Court. And said certificates may also recite substantially that
the amount thereof, shall be payable to the Collector of a x Taxes -
1
of the said City, who shall :issue his receipt therefor when
paid , which receipt shall be evidenced for such payment on any
demand for the same , whetn.er 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, endorse credit thereon for
payment received and the holder thereof shall be entitled to
receive 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 �, ith the amount paid. And such en-
dorsement and credit shall be the Treasurer' s warrant for making
such payment to said contractor or other holder. Anal the said
contractor or other holder of said certificates shall receipt in
writing to said Treasurer therefor and surrender said certificate
to said Treasurer when paid in full , together with costs of col-
lection and attorneys Nees , in incurred. And the said certifi-
cates may further provide that the City of ':flichita ±'a.11s shall
exercise its laI ful powers wrhen requested so to do by the holder
i
of the said certificates to aid in the collection thereof, but
the City of ^l Chita galls, shall in no wise be liable to the hold- {
a manner for r�ayrrrerit of the amount
er of said certificates in any
evidenced thereby, or for any costs or expenses in the premises ,
and such certificates may contain other recitals appropriate
thereto .
V11.
That no mistake , invalidity, error, or irregularity
in the namin:M or any property owner or the description of any
r r }
property, or the amount o I. any as�e�smen� , or in ;ny proceed i
with reference to any assesshler.t , shall in any wise invalids11 y
or ill anywise affect any assessrlen'c hereby levied , and anyl
mistake or error, whether in such assessment or the certi�
issued in evidence thereof, may be corrected at anytime by the
Board of Aldermen of the City of Wichita ?ails, or reassessments
therefor may be levied.
Vill.
That this ordinance shall take effect from and after
its ,passage.
ATTEST:
City Clerk
T:�Iayo r.
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