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Ord 374 7/18/1921 . y. ; f s tN ORDINANCE ORDERING THE IMPROVET�TNT OF ,E Z \ i DESIGNATING THE MATERIALS AND METHODS OF IMPRO1fF7W,,NT , AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT ., AND PROVIDING FOR THE PAYT,ENT OF THE COST OF SUCH IMPROVEMENTS, LEVYING ASSESSMENT' THEREFOR., AND FIXING THE CMS AND TIMES OF PAYMENT , AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR ?HE ISSUANCE OF ASSIGNABLE CERTIFICATES , BE IT WD IT IS HEREBY ORDAINED BY THE, BOARD OF ALDERMEN OF TA CITY OF WICHITA FALLS, THAT , WHEREAS, tree Cit y of V11ichita Falls has heretofore deter- mined by resclution the necessity of improving the following porgy-- t ions ofstreets in said City: G v and plans and spec ificat icns therefor nave beon prepared aild fil- ed by the City Engineer, and exarr.ined, corrected and approved by theCity, and bids for the, '.making mid construction of such improve- ments have, after due advert is®ment and notice, been received, ol.;ened and examined and the bid of ��� for the making and constructing of such improvements, Frith the materials and methods herein ordered, found to be the 1%,west re- sponsible bid, and tti! n].t .r r+'?l_ ! ll�eer ha,; Y''r"l i ar� d am �'lld with, the City aati;rate8 of the cost of such improvc...ents and of the amounts to be as es.�ed against abutting lots or ,)EL- �ls of pro- perty and the owners t i. reof, with the d.�; ,;ription of each such lot or parcel of pr;,perty, and the names of the owners thereon , in the .runner r squired and provided by the Charter of t his Cit y and the laws in force in taiis City and tilt� of this City applicable t .eret o; and, j VIHEREAS, by resolution ,lass._-d and adopted on the by /'allit was crderrid '6hatu a hoa:cin Lo all uwners of property a'out t in on said port ions of st reefs named to be improved, their agents or attorneys, and all otriers interested in the said improver menta, or in any matter or tt11ng in a w18e co111i.'cte d tuner�3-a it{i, be he;d in the Council Oha..-fiber in the Morgan Bui-lding in the Pity of IVichi.ta Falls, Texas, at • _._ 7' _ and that notice of such hearing and the ti:.ie and place thereof be and, WHEREAS, such notice was given in the manner provided in said resolution and in the manner and for the length of tune provided and required by law, and the proceedings of this Board; and, WHEREAS, at said 'hearing all desiring to cont est said ass- e'ssments or in any manner desiring to be heard concerning the benefits thereof., or said iiiiprove.went s, or as to any other matter in ruanner connycted with or incident thereto or as to damages result in; therefroin, were fully and fairly heard, and all errors, rnis-- tames and inequalities, and all other matters requiring ct i]f JL - t ion were rectified and corrected and the commission having; heard and considered the evidence, and bring of opinion from the evidence that the assessments hereinb?low made and tiharges hereby declared against property owners and t hf it 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 prop Arty in the en- hanced value thereof by means of the improve:,,ent upon which said propert y abut s, and the Coiniiission having considered and adopt ed the rule of apportionment below set forth and the division of the cost of said improveiients, between said property owners, and their pro- perty, as just and equitable and producing substantial equality considering benefits arising from said improvemcnts or burdens im- posed there-by, and damages resulting from or caused thereblt, such apportionment b,;ing the sage as shown on the report and estimate and statement heretofore filed by the City Fngineer with the City Commission, and hereinabove referred to, and such benefits and ass- essments against the respective lots and parcels of property here inbelow mentioned of such section of street herein ordered as a sew 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 . T hat the following portions of streets in the City of Wichita Falls are hereby ordered improved 'by raising, grading and filling same and installing concrete curbs and gutters, and i)av ing with _<-_� -� -- ----- -- Pavement on AXAU foundation, under and in accordance with plans and specifications therefor heretofore prepared and filed by the City Engineer , and adopted and approved by the City. 11 . That said improvements be made and can stTruct ed in the name of the City by contract , and that the imprcvement s on each portion of struts ordered be improved be regarded as a separate unit of im- provement and separate contracts for each such portion of streats be let . ill , 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 1Ygereof set opposite the name of the p;-rson and i-iis or her property, the names cf said property owners and the des- cril-tion of their property, and the several amounts assessed against them and their property being as follows, to-wit : _ A and being for the proper and proportionate amounts of the cost of the impr o vemient u1>o n which each such lot or parcel of land abuts; 1 V. That the cost of said irfiprovmini!nts shall be raid by the owners of abutting proj,erty, payin- the suits by this ordinance assessed against them and their property, and the city paying the rii.,aindcr. V. That the several stems above mentioned assessed against said property, and the owners thereof, respectively, are hereby,together with all costs of collection thereof, including a reasonable attorngy's fees and costs of collection, if incurred, anr..i interest - on all of said sums at the rate of el, per annurii, declared to be a i ien on the said respective parcels of property against which the eaiile are assessed, and a j,ersonal liability or charge against the owners thereof, whether ouch cwncrs be herein correctly varied or not , the assessments herein being levied against the said presmises and against the true thlereof, and the said liens shall be and con- stitute the first enfcsceaAble claim against the said p'cl.ert y against which it is asp eased, and be the first and paramount lien thereon, superior to all other liens and claims, except State, County, and Uunicipal Taxes, and the sums so assessed shall be payable as fol— lows: to—grit , I n t hree equal in st al l ment s, t he first payabl? he t� completion of the unit of i,1riprovement u on which the lot or par- cel of land against which the assessment is levied abuts, and the acceptance of such improveitient by the city; the secon-a in one year from said date; and the third in two ye rs frutn said date all -,bkearing interest at the rate of 8% per annutn, payable annually with the provision that if default shall be iiiade in the payraent 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 ubsinns, jro- vided, that said prc. arty owners shall have the right , and are hereby given the option to pay any or all of the said instal lric,nts hereby given the option to pay before maturity by payment of prin- cipal and accrued interest . That the Cit y of Wichita Fal is shall not be in any manner liable for the payment of any sum hereby assessed against any pro- perty owner or his property, but t44t the said Contractor shall look solely to such property and the owners thereof, for the pay- went of said sums, but the said City of Wichita falls, shall ax- ercise all of its lawful powers to aid in and enforce the collec- tion of said sums, and if default shall be made in the payment of any of said sums hereby assessed against said proiert y owners and their property collection thereof shall be enforced either Ny the sale of the said property by tree 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 ad valorem taxes, or at the option of said contractor or its assigns, the payjcient of the said sums shall be in any court having jurisdiction. Vl . That fhr the purpose of evidencing the several sums pay- able by the owners of said property and the times and terms of pay- ment and to aid in the enforcement thereof, assignable certificates shall be issued by the City of Wichita Falls upon the coijipletion and acceptance of the improvements for which the assessment is leviel d, which shall be executed by the Mayor and attested by the Cit y Clerk With the corporat ion seal in the manner provided by the it y O'harter and the law and proceedings in force in this City, and shall be pay able to the contractor performing said work and constructing said 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 thercon,and shall contain the name of the owner and description of his propeerty 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 suffici- ent , Said certificLi_tes 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 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 presmises, and shall provide that if default 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 C it y of Wichita Falls, as above recited, or 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 improve- ments have been regularly had in compliance with the laws and pro- ceedings of the City of Wichita Falls, and with the provisions of its Charter, and that all prerequisit ies 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 not further proof thereof 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 2W C it y, who shall issue his receipt therefor when paid, which receipt shall be evidenced for 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 Co11ec for of Taxes shall deposit all sums so received by him forthwith with the City Treasurer, who shall keep the same in a separate X. and that when any payments shall be made to the Collector of Taxes upon said centific,-�_tes, he shall, upon presentation to him of such cert ificates 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 presenting to him said certificate so endorsed by the Collector of Taxes and credited by the holder with the amount paid. And such endorseLient and credit shall be the Tzeasurer ' s warrant for making such payment to said contractor or other holder. And the said contractor or other holder of said c ert i f ic,_t e s shall receipt in writing to said Treasurer therefor and surrender said certificate to said Treasurer when paid in full, together with costs of collection and attorney ' s fees, if incurred. And the said certi fioates may further provide that the City of, Wichita 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 payment of the amount evidenced thereby, or for any costs or expenses in the premises, and such certificates may contain other recitals appropriate thereto. Vll . That no mistake , invalidity, error, or irregularity in the naming of any property owner, or the description of any pro- perty, or the amount of any assessment , or in any proceedinbs with reference to any assessment , shall in any wise invalidate or in any wise affect any assessment hereby levied, and any such mistake or error, whether in such assessment or the certificate issued in evidence thereof, may be corrected at any time by the Board of A.-Ldermen of the City of Wichita Falls, or reassessments therefor may be levied. V111 . That this ordinance shall take ef:Fgct from and after its passage . p` APPROVED: 9J%� ATTEST : C it y C 1 Cif of `wic ita Falls Office of Julian Montgomery City Engineer T 17 19 ; _ Or71, :'': O j - - -C' 7 1 _ OttCO3t of c—I on � CJti. ;the... :i.'i.. .�..�Y'S~�C"C•_i..0' .i. •..._. _iVE) . , G c. c_ rt- o: O •7 OCLI nCs i c,,,_,� of_ S i.S S Ir, Olt 7G_-1S i�•_. t 1..;"V Ol._12 i, Jc d✓iU !� C"!t CGr t_ - _l1:rJY'Gt'" 1� 1ll Je 3, L i).cm. '.g`.... tat-e. i'O'_?1 ' pa a to _.' ;_ - '--C �O S r ateC1 COS O >1'O w'_'r,-- O ,'_r� rS � '':� 31' .:.__ 'CO_ .1..._iteC. at .G?..nll �i".}, aSSeSS�C1. _ O-:' G:�Ci.��. 1 O�". o l' O Zis :stir .tecz cost to be c ss'Cssed a,- c. n S p-ro-,D;rt '_ya ,,ice '� r^ l7 I }lf I' '� _ -� .'�l-�r�:-, , _ c_ s - O - _[e ed cost; to be a3SC'SSCad E. -ai .St -OT'O'oOr' i yY! C se • _ v s � .s �__Do.: c rc_ , e c . _ b _ -o __ ..� ..^'t. }-a..^.„e n ,�l tin, r =CCO C� --C`� _ 3Ui;._C 1G' _'Ol' '_ 1'e :01C ..1uC it'll esp ct full—, _sl -0.-•-� `�-7-�-1_ T111 OF A POR7IO'1P OF :47ITiYOR"] 77 N HE S M I �( _PP'Pr11Y "'ETJT!T �`TF-T TTT, rT,:,T- 9TRE717TIL iIPAI_­1 ILINE' j , T 1�'CPTH PRO''D7T��Tv LINE 01.7- !I-VENTJ E F D E I G i T A T I 1_11 71- "T H'h,' 1 1 T_E _Zl L 3 1 J) P I 10 D 3 0 14' 1 YP F!)VT!,174,1 T ­T,�,IOF T 31 L� , r" �Y IDIT" FOR TT-171 COE.33T.-RUCTIM-7 TE RACT , AITD PRO-VIT)ITl , 'I �j '__ 9 11 71OR TM-1 "DAYT7,172 r'F T'V7 COST "'? 3 UC H IYPR()7ET'7`17 T,7,VYII,-G A _ 3 _ T ' ' T ' ­ F UT !d: D 2D,1P ERI. S AYD TJ `9O �AYT77 ,7 - T T 11� V -3­31TA� M- T, �)�7 17,1 J,T,� 'T� 3T AND 'r 1POR TF71 1' OF -'dTD TY7 FT 1. TI J,_331IMTA`�17,, C"A,'R "'!C: TI-13. I IT I Tr"MY 0*_P!)AI1','__D T3Y '2H_ ",OARD _ALD-_�;F -E '11" "T T Y F-" T F` TTj,� , T77 "T, F .1 '1 the Cit-, of lichita Falls has heretofore determined by resolution the necessity of the following portions of streets in said '�'ity: 11 0 and plans and specifications therefor have been prepared arid filled by the City engineer, and examined , corrected and approved by the "lity, and bids for the making and construction of such improvements -�ave , after due advert isemerit and notice , been received , opened ar-d exaii.,ined ai-ld the bid of L for the niakinF,, and constructing of such improvements , wit the materials arid T,,iethods ILerein ordered , found to be tiie lowest re- sponsible bid , and the '.'ity %Ygireer has prep red. ar-d filed -nlith the C'ity estili'lates of the cost of such improvefoeits -arid of the amounts to be assessed. against a:butting- lots or -r)arce.'.-- of r-roperty and the oAvners thereof, with the description of each such lo.t or parcel of property, and the naL�es of the oi�Tiers thereof, in the manner rewired and provided by the Charter of this City and the iavis in force in this City and the proceedings of this 'amity appli- cable thereto; and , b.,1 resolution nassed ai-d adopted or the day Uf it was ordered that a hearing to all owners of prorerty abbutting on said portions of streets nar.ied to be improved , their ,).gents or attorneys , and all others interested in the said improve- ments , or in any matter or thir,,-, In airy �-.!ise connected tli,erewith, be held in the "'our.cil Ohamber in the 7`,,aildin- in the City of "'ichite. Falls , Texas , at and that notice of such hearing and the time and place thereof be given; and , such notice was given in the manner provided in said resolution and in the mariner and for the length of time provided and required by law, and the proceedings of this ?oard; and , at said hearing all desiring to contest said assessments or irl any manner desiring to be heard cor.-cerning 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 here inabeloz,� made and charges hereby declared against property ovmers aiid their property, are just and equitable , and that in each case the assessr.7ent rnade against any parcel or lot cr property is less than the benefits to said pro- perty in the erinanced value thereof by r.e=,ns of the improvement upon which said property abats, and the Corrunission having consider- ed and adopted the rule of apportionment below set forth and the division of the cost of said iLiprovern:ents, between said property owners , and their property , as just and equitable and producing sub- stantial equality considering benefits arising from said improve- ments or burdens imposed thereby, and damages resulting from or caused thereb .- , such apportionment beinL, the same as shown on the report and estimate and statement heretofore filed bT the Cite Engineer with the City Commission , and hereinabove referred to , and such benefits ard assessments against the respective lots and parcels of property hereinbelow mentioned of such section of street herein ordered as a separate aid independent unit of improvement , separate and distinct from each and every other portion of street ordered im- proved and said heaein having been closed; 1. That the following portions of streets in the City of '"ichita Palls are hereby ordered improved by raising, grading and filling same and installing concrete curbs ai.,d gutters , and paving wi+h i R"4am.mt, an"Ler and in accordance with plans aild specifications therefor , heretofore prepared ai,d filed by the "ity �igineer , and adopted acid approved by the City. ii. That said improvements be r,-,ade and constructed in the na,,i;e of the City by contract , and that the improvei-r.ents on each portior, of streets ordered be improved be regarded as a separate unit of improvement w-id separate contracts for each such portion of streets be let. 111. That there is and shall be hereby levied against each of the owners of property belor Y_,ei-itioned , and agairj .­,t hi Or her property below described, the several sums of Loney below mention- ed and itemized for curbs and for paving and for other improve- ments, and the total all',oarit thereof, set opposite the name of the person axd hi,,-:, or her property, the naj;ies of said pronerty o',,,,T_ers and the description of their property, and the several amounts assessed against them acid their property being as follows : to-wit : and being for the proper and proportionate amounts of the cost of the improvement upon which each such lot or parcel of land abuts; IV. lh,at the cost of such improvements shall be maid by the odmers of abutting property, paying the suras of this ordin- ance assessed against them and their property, and the city paying the remainder. V. That the several sums above mentioned assessed against said property, and the owners t -.ereof, 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 or, all of said sums at the mate of 8% per annum, de- clared 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 narked or not , the assessments herein being levied against the said premises and again,.A 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, superion to all other liens and claims, except State, County, and T''unicipal ''axes , and t :e sums so assessed shall be payable as follows , to-wit : In three equal installments , the first payable itpont the com- pletion .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 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 � 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 payable at the option of the contractor constructing such improvements, or its assigns , provided, that said property owners shall have the right , anal are hereby given the option to pay before maturity by payment of principal and ac- crued interest. That the City of '";ichita Falls shall not be in any manner lia- ble for the payl< ent of any sum hereby assessed against any property owner of his property, but that the said Contractor shall look solely to such prorertyy and the ovnjers 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 collection of said sums , and if default shall be made in the payment of any of said sums hereby assessed against said pro- perty owners and their property collection thereof,shall be enforced either by the sale of the said property by the 'fax Collector and :_kssessor of the City of ".1ichita Falls , as near as possible in the manner provided 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 sums shall be enforced in any court havir-.'g jurisdiction. 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 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 executed 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 - said improvements , or its assiris which certificates shall de- clare the said amounts and the tir��es and terms of payment there- of, and the said rate of interest payable thereon, and shall con tain 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 rroper- ty shall be owned by an estate , the description thereof as so owned shall be sufficient . paid certificates shall further provide tr.at- if default shall be made in the payment of any in- stallment of principal or interest thereon when due, then, at the opt ion of th.e said Contract or, or its assi is , being the owr; er and holder thereof, the whole of the said assessment shall at once become due and payable and shall be collectible with reasonable atto"neys fees arA costs of collection, if incurred. 'laid certi- ficates shall further set forth and evidence the personal lia- bility of the owner of such property ar-d the lien upon such 'premises , and shall provide that if default be made in the pay- rr,ent thereof, that the same be enforced either by sale of the property by the Tax =.ssessor and Collector of t r_e City of '^,'ichita Tali- , as above recited , or by suit in any court having jurisdiction and the said certificates shall furt!-Ler recite sub- stantially that the proceedings with referenceto making the said improvements have been regularly had in compliance with the laws and proceedings of the City of '"ichi.ta Falls , and with the pro- visions of its Charter , and that all prerequisities to the fix- ing of the lien a- ld the clair;:. of personal liability evidenced by such, �L av e beer, performed, which recitals shall be evidenced of the facts so recited and not further proof thereof, required in any Court. _'end staid certificates ma,7 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 payment on any demand for the sane, whether by virtue of said certificate or at-Iv contract to pay the s`irrie entered into by the owner of such_ Property and that the Collector of Taxes shall deposit all sums so re- ceived by him forthwith with the City Treasurer , who shall r.een the same in a separate fund, and that when any payments shall be made to the ollector of 'axes upon said certificates , he shall , upon presentation to him of such certificates by the coiitrra,ctor , 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, up- on presenting to hip:: s!Ad certificate so endorsed by the Collector of Taxes and credited by the holder e,iith the amount paid. And such endorse- dent and credit shall be the 'w'reasurer' s warrant for making such payment to said contractor or otil:er holder. And the said contractor or other holder of said certificates shall receipt in writing to said Treasurer therefor and surrender said certificate to said '"reasurer when paid in full , together with costs of collection and attorrey' s fees , if incurred. And the said certificates may further provide that the City of "'ichita 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 maiirler for payrner,t of the amount evidenced t.rIereby, or for any costs or experses iii the premises , ai.d such certificates zliay, coilitain oti-,er recitals appropriate thereto. `T11. 'What no ,. istaire , invalidity, error , or irregularity in the nailing of any property as;.7_er or the description of any property, or the aliiount of any asaessiiierit , or in c�any proceedings with reference to any assessziieiA , shall in any wise invalidate or in ar,y wise affect any assessment hereby levied , aye d any such mistake or error, whether in such assessment or the certificate issued in evidence thereof, may be correct- ed at any tizie by the joard of Alderineii of the Cit,-7 of 171chita Falls , or reassessniei,ts therefor ri,a:r be levied. TJ1.11. _,_at this ordii,tu ce snail take effect from and after its passage. APKF 0`.'F D: ATTEST: City Clerk 1'ayor.,