Ord 7/14/1921 i
t
AN ORDINANCE ORDERING THE' IUPROVEMENT OF
DFPIGNAT ItTG THE MATERIALS Ar L) TAFTunnq or IuVRp7'*
YF,Iq ' , AND PROVIDING FOR THY CONSTRUCTION THFRFOF BY
CONTRACT ? AND PROVIDING FOR THE PAYMENfi OF THE COST
OF SUCH IYPROVFVFNTS, LEVYING ASSESSMENTS THFRFFOR
AND FIXING THE TERMS A -TIVES OF PAYMENT, AND T4
RATE OF INTFREST THEREON, AND PROVIDING FOR T > IS—
u A.NCE OF ASSIGNABLE CERTIFICATES.,
. d�
HF ft AN6 IT IS HFRFBY nRnn II7 THE' BOARD OF
ALDERIIA OF THE CITY OF WIC HIT l�LLS: THAT ,
WHFRFAS, the City* of Wichita Falls has heretofore
determined by resolution the necessity of imprmving the follow—
ing portions of streets in said City:
and plans and specifications therefor have been prepared -end filed
by the City Engineer, and examined, corrected and approved by the
City, and bids for the raking and construction of such improvements
have, after due advertisement and notice, been received, opened
and examined and the bid of
for the making a.z,d constructing of such improvements, with the
materials and methods herein ordered, found to be the lowest re—
sponsible bid, and the City Fnineer 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 descr il,t ion of each such lot or
pa€reel of property, and the names of the o-rners thereof, in the
manner required and provided by the Charter of this City and the
laws in force in this City and the proceedings of this City appli—
cable thereto; and,
WFTFRFAS, by resolution passed and adopted on the 44
fi
day of—,,<, ; , it was ordered that a hearing to all
owners of property abutting on said portions of streets named to
be improved, their agents or attorneys, and all others interested
in the said improvements, or in any matter or thing in any wise
connected therewith.* be held in the council Chamber in the Morgan
Building in the City of Wichita Falls,, Texas, at
and that notice of such he,9 r-
ing and the time and place thereof be given; ands
WHEREAS,, such notice was given in the manner pr6vided in
said resolution and in the manner and far the length of tiMD pro-
vided and required by law,, and the proceedings of this Board; and.,
WHFRFAS., at said hearing all desiring to contest said as-
sessments or in any manner desiring to be heard concerning the
benefit 8 thereof, or said improvement s, or as to any other matt er
in manner connected with or incident thereto or as To damagef� res-
ulting therefrom,, were fully and fairly heard,, and all errors, mis-
takes and And all other :ratters requiring rest if ica-
tion were rectified and corrected and the commission Navin; heard
and considered the evidence., and being of opinion from the evidenNO
- _I
t hat ssessments hereinbelow made and chs,rges hereby declar-
ed against property owners and their T:xoperty, are just and equita-
ble, and that in each case the assessment rrade against any parcel
or lot of property is less than the benefits to said property in tie
enhanced value thereof by means of the improvement upon which said
property abuts., and the Commission having considered and adopted t)m
the rule of apportionment below set forth and the &Jtision of the
cost of said improvements between said pro,perty owners, and their
property, as just and equitable and producing substantial equali'V
considering benefits arising from acid improvements or burdens
imposed thereby, and darnanges resulting from or caused thereby,
such
apportionment being the sane as shown on the report and estimate
and .statement heretofore filed by the Cit y Engineer with the Cit y
CO,tzissionl, and `Iereinabove referred to, and such benefits and
al'Bassaients against the respective lots and parcels of property
herein belo�a mentioned and made been determined consider-
ing the ir.,I-rovement of each section,,O-f street herein ordered as a
separate and independent unit of improvement , separate and dis-
tinct from each and every other portion of street ordered improved
I .
That the following portions of streets in the City
of Wichita Falls are herebF ordered improved by raising, grad-
ing and filling same and installing concrete curbs and gutters.,
and paving with
Pavement on
crused stone foundation., under and in accordance with plans and
specif ioationa therefor heretofore prepared and filed by the City
Engineer, and adopted and al.,,proved 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 by improved be regarded as a sep-
arate unit of improvement and separate contracts for each such
portion of streets be let .
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 men-
tioned and itemized for curbs and for paving and for other im-
provements., and the total amount thereof set opposite the name
of the person and his or her prop erty, the names of said property
owners and the desor6ption of their property., and the several
amounts assessed against them and their property being as follows,
to-wit : and being for the proper and proportionate amounts of t1%
the cost of the improvement upon which each such lot or parcel
of land abuts;
IV.
That tne cost of said improvements shts.11 be paid
by the owners of abutting property,, paying the sums by this ordim-
ace assessed against them and their property, and the city paying
the remainder.
V.
That the sever7,1 iLmis above , entioned za.-Isessed against
said property., and the owners therecf, res,-pectively, e-!,re hereby,
together with all costs of col].ection there-cf, including a reason-
able atto *ney ' s fee and costs of collection., if incurred,, and int-
erest on all of said sums at the rnte of el par annum, declared to
be a lien on the said respective parcels of property against which
the same are assessed, and a personal liability or charge D.gainst
the o�,ners thereof, and a personal liability or chF-.,,rge against the
owners thereof act na., whet such orrners be herein cor-I ec -rued or
not , the assessments herein being levied against the said rzemises
and against the true owners thereof, and the ecaid liens shall be
and constitute the First enforceable claim against the said proper-
ty against which it is assessed,, and be the first and paramount
lien thereon, sut"erior to all other lit-no and clRims, except State,
County, and Munitipal taxes., and the sums so assessed shall be pay-
able. as follows: tp- wit
In three equal installments, the first payable upon
the comp Jotion of the unit of improvement q-on which the lot or
parcel of land a,;,minst which the c7, soessment is levied abut -, and
the acceptance of such imlrovement by the city; the seccnd in one
year from. said date; and the third in two years from said date all
bearing interest at the r,-,te of 8% per annum, payable annually, wilh
the provision that if default shall be made in the payment of any
principal or interest when due the whole of such as,)essr.lent upon
such default shall at once become due and 1.ziyable at the option
of the contractor constructing such improvements, or its assigns,
provided., that said property owners shall have the ri7.�ht , and are
hereby given ti-i-e option to pay any or all of the said installments
hereby given the opt ion to pay before rw..t-LLrit y by payment of
princi�,al -.,nd accrued interest .
That the City cif "Ifichita FFlls shall not be in any
manner liable for the pcl.yment 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 o!rners thereof., for the
payment of said sums, but the said City of Wichita Falls., shall
exercise all of its la-ful polvere to aid in and e .force the .,olleQ
tion of s:, id sums., and if defai)lt i- hall be !Yade in the payment of
-�ny 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 Tax Collector and Assessor of the
City of Wichita Falls, as ne,-r 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 coixt having jurisdiction.
V1.
That for the purpose of eviden-cing the several sums pay-
able by the owners of said Izoperty 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 Fc-ills uion the complet ion
and accelIance of the improvetents for which the assessment is le-
vied, which shall be. executed by the Mayor and attested by the City
Clerk with the corrorrition seal in the manner provided by the City
Charter and by the law and proceedings in force in this -city, and
shall be payable to the contractor performing said work and con-
0.
strutting said improvements, or its assigns ns which cextific-tes
zhall declare the said and the times and terms of payment
thereof, and the said rate of intereat 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 dew
soription as may otherwise identify same, and if said property shal
be owned by an estate, the description thereof as so owned shrill
be sufficient . Said certificates shall fuxther provide that if
default mall be ode in the payment of any installment of princ-49
pal or interest thereon iahen due., then., at the option of the said
Contractor, or its assigns, being the o-imer and holder thereof,, t]a
whole cf the said aSSe SWIM gent shall at once become due and payable
and shall be collectible with reasonable attorney' s fees and costs
of collection., if incurred. Said certificntes shall further set
forth and evidence the personal liability of the owner of such
property and the lien upon such premises,, and shall provide that
if default be made in the payment thereof that the same be art—
forced e it her by sale of t he propext y by t he Tax .Assessor and
Collector of the City of Wichita Falls, as above recited, or by
suit in any court having jurisdict ionxm and the said certifica—
tes shall further recite substantially that proceedings with re—
ference to making the said improvementa have been regularly had
in compliance with the lags and proceedings of the City of Wiohita
Falls, and with the provisions of its Charter, and that all pre—
re.quisit ies to the fixing of the lien and the claim. of personal kim
liability evidenced by such, have been performed, which recitals
w.. f,
shall be /required in any Court, And said certific,_ tea may also
recite aubst-�ntia.iiy that the amount thereof shall be payable to
the Collector of Taxes of the said City, who shall issue his re—
c:eiit therefor w yen paid, which receipt shall be evidenced for
such payment on any de:ria nd for the same, whether by virtue of said
ceft if ioate or any contract to pay the same entered into by the
owner of such property and that the Collector of Taxes shall de—
posit all sums so received by him forthwith with the City Treks—
urex, willo shell keep the some in a separate fund, and that when
any i=a yment s shall lxe made to the Collector of Taxes upon said
c ert if ic, t e s,hj thali, upon pre s enta.t ion to him of such a art if ica—
tes by the contractor, or other holder thereof, endorse credit
thereon for payment received and the holder thereof shall be en—
titled to receive from the City treasurer the amount paid, upon
presenting to hire said a art i�ioat9 so endorsed by the Collector
of Taxes and credited by the holder with the amount pair.. And
such endorsement and c red it shall be the Treasurer's warrant if or
making such payment to said contractor or other holder. _And the
said contractor or other holder of sekid certific�:tes shall receipt
in writing to said Treasurer therefor and surrender said 0ertifica
to to said Treasurer when paid in full, together with costs of
collection and attorney 's fees, if incurred. And the said ceartifl—
ca-tes may further provide that the City of Wichita Falls shall
exercise it s lawful powers when requested so to do by the holder
of the said certifio tee to aid in the collection thereof, but the
City of Wichita Falls, shall in no seise be liable to the holder$
of said certificates in any manner for payment of the amount
evidenced ti-iereby,, or for -ny coots or e�penses in the premises,
and such cert if iol-tes may contain other recitals arprol.,xiate
thereto.
VII .
That no mistake., invalidity,; error., or irregularity
in the naming of any property owner ox the description of any
property., or the amount of any assessment , or in any proceedings
with reference to L-ny aaoessmant ,, 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 thr� certificatt
issued in evidence i.*'.i*iereof. may -be ecrreated at any time by the
Board of Alderman of the City of 'Iffic-hit'-1. Falls., or xeFsf-,.ea9ments
therefor may be levied.
VIII.
That this ordinance shLill take affect from- and after
its rassage.
APPROVED:
AT T Z FIT Yor
CIT Y CUM