Ord 375 7/18/1921 Y4
AN aBDINANCE ORDERING THE I?1PR0VFMFNT OF
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i^a! jti
DESIGNATINF THE MATERIALS AND METHODS OF IMPROVEvFNP ,
AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT,
AND PROVIDING FOR THE PAY 'Nr OF THE COST OF SUCH Iy-
PROVEMENrS, LEVYING ASSESSMENT THEREFOR AND FIXING THE
TERMS AND TIMES OF PAYMENT, AND THE Ri' E OF 'T-NTEREST
THEREON AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
CERT IFI6AT ES.
BE IT ARD IT IS HE IEBY ORDAINED BY THE BOARD OF ALDER-
MEN OF THE CITY OF WICHITA FALLS, T HAT ,
WHFREAS, the City of Wichita Fails has heretofore deter-
mined by resolution the necessity of improving the following por-
tions of street s in said Cit y;
r ,
and plans and specifications triprefor have been prepared and filed
by t he Cit y En inee r, and examined, correct ed and approved b y the
City, and bids for the .making and constrtaction of such improvements
have, after due advertisement and notice, been received, opened and
examined and the bid of
for the making and construct ing of such improvements, with the
materials and methods herein ordered, found to be the lowest re-
sponsible 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 t-he: owners thereof, in the
mammer required and provided by the Charter of this City and the law
din force in this City and the proceedings of this Cit y applicablF-.
t h eret o; and,
WHEREAS, by resolution passed and adopted on the 4�
it was ordered that a hearing to all own-
ers o property abutting on said portions of streets named to Abe
improved, their agents or attorneys, and all others interested in
the said improvements, or in any matte-z or thing in any wise connebt-
ed therewith, be held in the Council Chamber in the Vorgan Building
in the City of Wichita Falls, Texas, at Uy�, f ,►
� C
and that notice of such hearing and the time and place thereof be
given; and,
WNER.FAS, such notice was given in the manner provided in
said resolution and in the manner and for the length of time Pro-
vided and required by law, and the proceedings of this Board; and,
WHF.RFAS, at said hearing all desiringg to contest said
assessments or .in any manner desiring to be heard conc ern ing the
benefits thereof, or said improvements, or as to any other matter
in manner connected with or incident thereto or as to dair;ades res
ulting therefrom, were fully and fairly, heard, and all errors, mis
takes and nequalitims., and all other matters requiring rectifica-
tion were rect if led and corrected and the commission having heard
and eonsidered.the evidence, and being of opinion from the eviden-
c,s that the assessments hereinbelow made and charges hereby declar-
ed against property owners and their property., are just and equita-
ble, and that in each case the assessment made against any parcel or
lot of property is less than the benefits to said propert y in the
enhanced value thereof by means of the improvement upon which said
property abuts, and the Corru�iission having considered and adopted the
rule of apportionment below set forth and the dividion of the cost
of said irnprove,menta, between said propert y 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 th-e sarrie as shown on the rei;ort and estimate
and statemaist heretofore filed by the City Engineer with the Cit y
Commission, and hereinabove referred to, and such benefits and ass-
essments against the respective lots and parcels of property here
inbelow mentioned and made having been determined co nsidering
the iawpovement of each section of street herein ordered as a sep-
arate and independent unit of improvement , separate and distinct
from each and every other portion of street ordered improved and
said hearing having been closed;
1
That the following portions of streets in the City
of Wichita Falls are hereby ordered improved by raising, grading
and filUng same and installing concrete curbs and gutters, and
paving with . ��_ - Pavement aw
under and in accordance with plans and
specifications therefor heretofore prepared and filed by the City
Engineer, and adopted and approved by the Cit y.
11 .
That said improvene-,Its be made and constructed in the name of the
City by contract , and that the imps o ve.ilent s on each Portion of st retts
ordered be imga roved be regarded as a separate unit of imm ovej. ent
and separate contracts for each such pof't ion of streets be let .
ill .
That there is and shall be hereby levied against each of the
owners of propert y below motioned, and against his or her pro-
pert y below desdribed, the several sums of money below ment ioned a
and itemized for curbs and for paving and for other improve.ents,
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 sev:,ral amounts assessed
against them and tneir property being as follokgs, to-wit :
and being for the proper and proportionate amounts of the cast
of the it7iprove :-ient upon which each sucrl 'lot or parcel of land
abuts;
iv.
That the cost of said improvements shall be paid by the owners
of abutting property, paying the sums by this ordinance assossed
against them and their property, and the city paying the remainder .
V.
That the several sums above mentioned assessed against
said property, and the o,,�r,ers thereof, r ,,s,--�ectively, are hereby,
toID
gether with all costs of collection thereof, including a reason-
able attorney ' s fee and costs of collection, if incurred, and ink•
erest on all of said sums at the rate of per annum, declL red t
tobe a lien on the said resr- ective parcels of property against
which the same are assessed, and a personal liability or charge
against the owners thereof,
IW x 9 q*4 44W ;*Wffd=d�K, Witether 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 1 is ns
shall be and constituLe the first olai:- against the said
proZ erty against which it is asses _ed, and be the first ar_`'
o u-t lien thereon, sul;er for to all other lie claims,'
ns and
State, Pount y, and r4unicipal Taxes, and the surds ea assessed
shall be payable as follows: to_wit
In three equal installments, the first payable
the cerr.Nletion cf theLunit of improvement upon which the bbtor
parcel of land against which the
assessment is levied abuts, and
the acceptance of sneh iiiiprovei-lent by the city; the second in one
year from s$id date; &nd the third in two years from said date
all bearing interest at the rate of 8,,, per annuin, payable annually
with the provision that if default shjtll be made in the paynient 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 contactor construct ing such improvement s, or its assigns, pro-
vided, that said prcl-erty owners shall have the ri ht , and are here-
uy given the option to pay any or all of the said installments
hereby given the option to pay, before iiiaturit b y y payment OIL prin-
cipal 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 proierty owner or his property, but that the said Contractor
shall look solely to such property and tine onners thereof, for
the payment o:L said su-s, but the said City of Wichita Falls,
shall exercise all of its lawful powers to aid in and Anforce , the
collection of 4aid sums, and if default shall be made in the pay
went of any of aaid suiiis hereby assessed against said Nroj, :rty
owners a rd t-Ieir propert y toll ect ion thereof shall be enforc ed
either by the sale of the said pro.,6:,rt y '^y the Tax Collector
and Assessor of the City of Wichita Falls, as near as possible in
the manner provided for the sale of pxropurt y for ncn-pay;iient of ad
valorem taxes, or at the option of said contractor or its assignp
the payment of the said sums shall b� enforced in any court having
jurisdiction.
vI.
That for the purpose of euidencin (- tree several sums pay-
able, by the owners of said, pxoopert y and the times and t eri.is of pay-
ment and to aid in the enforcement thereof, assignable certifica4
t es shall be issued by the City- of Wichita Falls upon the complet-
ion and acceptance of the improvements for which the assessment is
levied, which shall be executed bythe Mayor and attested by the
City Clerk with the corporation seal in 'the man :.er provided by
the City Charter and by the law and prone edings 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 pro-
perty and the lot and block number or front feet thereof, or such
other descMption as may otherwise identify same, and if said pro-
party 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, tieing the owner and holder there-
of, the whole of the said assessment shall at once beoome 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 the owner
of such property and the lien upon such premises, and shill provide
that if default be rude in the payment thereof that the same be
enforced either by sale of the property by the Tax Assessor and Col-
lector of the ¢it y of Wichita Falls, as above recited, or by suit
in any court having jurisdiction w v and the said certifWates shall
further recite substantially that proceedings with reference to
niaking the saiQ improvements have bean regularly had in compliance
with the laws and proceedings of the City of Wichita. Falls, and
with the provisions of its djarter, and that all prerequisit ies
to the fixing of the lien 4nd the claim of personal liability evi-
evidenced of the facts so recited and no further proof' thereof
danced by such, have been performed, which recitals shall beyrequir-r
ed in any Qourt . And said c ert if hat es may also rec it e substan-
tially 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 pa yli cht 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 proper,
ti
I
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 pa yrri6ant s shall be made
to the Collector of Taxes upon said certific;>Ites, $ shall, upon
presentation to him of such certificates by the contractor, or
other holder thereof, endorse credit thereon for pja yrnent received
and the holder thereof shall be. entitled to receive from the City
Treasurer the amount paid, upon presenting to him said cert ifi-
Cate 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
thlerefor and surrender said cent ificate to said Treasurer when
paid in full, together with costs of collection and attorneyts fee%
if incurred. Arid time said certificates may further provide that
that City of Wichita Falls dhall 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 man
ner for payment of the amount evidenced thermb6y, or for any east s
or expenses in the premises, and such certificates may contain
other recitals appropriate theret a .
Vil
That no mistake, invalidit y, error, or irregularity
in the naming of any property owner or the description of any pro-
cp-erty, or the amount of any assessment , or in any proceedings vu ith
reference to any assessment , small in any wise invalidate or in
any wise affect any assessment hereby levied, and any such mis
take or error, whether in such assessment or the cert if icate is--
sued in evidence thereof, may be correct ed at any time by the
Board of Aldermen of the City of Wichita Falls, or re-assessments
therefor may be levied.
Vill .
That this or-dinance shall take effect from and after its
passage.
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APP0VFD:9!�/-C-o
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\ Mayg r Clerk