Ord 374 7/18/1921 . y.
; f
s tN ORDINANCE ORDERING THE IMPROVET�TNT OF
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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
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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.,