Ord 356 2/14/1921 �rt
AN MINANCE ORDERING THE I1f R0TFYFNT OF
DrSIGNATINF TPY' MATERIALS A", METHODS OF IMPROttFVFNT ,
AND PROVIDING FOR THE CONSTRUCTJON TT-WREOF BY CONTRACT,
AND PROVIDING FOR THE PAYWWt OF THE COS' OF SUCH IM--
PROVEMERTS, LEVYING ASSFgSMENI' THEREFOR AND FIXING THE
TERMS AND TIMES OF PAYMENT, AND TIME -BRA' E Off` �"`Y�FRES'T
THEREOF, AND PROVIDING YOR THE ISSUANCE OF ASSIGNABLE
CFRT IFICATES ae� �
-I-
x
BF IT AND ITIS U 'WBY ORD.AIN r,D BY THE BOARD OF ALDFR-
MEN OF THE CITY OF WICHITA FALLS, T HAT ,
WHEREAS, the City of Wichita Fails has heretofore deter-
mined by resolution the necessity of improving the following por-
tions of streets in said City:
and plans and s ecificatione therefor have been prepared and filed
by the Cit y F nginee r, and exa Mine4d, correct ed and a .,proved by the
City, and bids for the making and construction of such improvemerts
have, after due advertisement and notice, been received, opened and
examined and the bid of
for the making and constr'act ing of such improverr:ent s, Tqith the
mater. pis and methods herein ordered, --found to be the lowest re-
sponsible bid, and the City Fngineer lias prepared and filed TM, ith
the City estiiates of th cost of such improvements and of the
amounts to be t ssessed ag&inst a Dutt in g lot e or parcels of property
and the cwnmr:3, thereof, with the description of each such lot cr
parcel of pS oplert y, and t b e names of they owners tb.ereo~6, in t1iw
mammer required and provided by the Charter of this Cit y and the lays
Ln force in this City and the proceedings of this City applicable
thereto; and,
WHERE°Aa, by resolution passed and adopted on the day
of 9"1'� , it was ordered that a. hearing to all Uwe
ere of isro,_ ert y abutting on ea id I3crt ions of streets named to be
improved, their agents or attorneys, �knd all others interested in
the said improveniente, or in any ma__tl� er or thing in any *=rise connebt
ed therewith, be held in the Council Chamber in the 'Morgan Building
in the City of Wichita Falls, T exp s, at , )XI. Al f:.
and that notice of such hearing and the time and place thereof be
given; and,
YMPPFAS I , such notice was given in the manner provided in
said resolution and in the manner and for the length of time T-r,-.
vided and required by law., and the pro ' e--Aings of this Board; and,
1111MRFAS. , at said desiring hearing all to contest svid
01 t-4
assessments or in any manner desiring to be. heard concerning the
benefits thereof, or said irknrovenLents, or as to any other matter
in manner connected with or incident thereto or as to damages res
ulting therefrom, were fully and fairly heard., and all errors., mis
takes and -* -: i-p,, and all other matters requiring rec,,tif ica-
t ion w,3r@ sect if ied and corrected and the com-inAscion having heard
and considered the evidence., and being of opinion from the eviden-
ce that the assessments herainbelow made and charges hereby declar-
ed against property owners and their property, are just and equita-
ble, and that in each case the a.,39easment made agrainst any parcel or
lot of property is less t",an the benefits to said property in the
enhanced value thereof by means of the improvement upon which said
property abuts., and the Commission having considered -nd adopted the
rule of apportionment below set forth and the dividion of the cost
of said ir-aprovement L, between said propert y owners, and their
prof er?; -y., a o just and equital, le and producing; substant ial equal it Y
considering benefits arising from said imrprcvernents or burder,,s
$;nzposed thereby, and damages resulting from or cauoed thereby, such
shown on the report and astimate
a', port4cment being the same as
and statansat heretofore filed by the City Engineer with the City
U,
Commission, and hereinabove referred to., and such benefits and aas-
essments against the respective lots and parcels of property here
inbelow mentioned and made having been determined co nBidering
the imrpovertient of each section of street heroin ordered as a sep-
t
a r v,t a a nd i n d ep en d e nt un i.t of impr o v e.ment 8 app.r a t a a n d dis 4 in 0
from ea- Ch and every other portion of street ordered improved and
said hearing having been closed;
specifications therefor heretofore prep�ared and filed by the City
Engineer, e.nd adoL.tod and oved y the "Jit y.
That avid improve-mc-',ts be made and constructed in the na_r� of the
City by cent t , and th.1tt the, improvements on each portion of streditra
ordered be improved be regarded as a separate unit of iMProve'Ment
and s,*,parats oontracts, for each such polt ion of strain-t s b-� let,
111 .
That there is and shall be hereby 1,!tvied against each of the
ovvners of I-Iroperty belo-cy mentioned, and against his ol' her
part y below de4, dribqd,, the csevmral sums of money belos rii�nt ioned a
and itemized for ourbs and for paving and for other improvements,
and the total amol-mt thereof set o- it e the name of the person
)po,,3
and his or her property., the names of said property own erg f)nd the
de icrlptLjn of their property, And the sev�ral amounts assessed
against them and their proPerty be- ing as fo."Llovis, to--wit :
and being for the proj_',er and proportionate amounts of the coot
of the improvenant upon -4hich each such lot or parcel of 1,--.nd
iv.
'Ahat the cost of caid improvements shall be pvid loy the ovmers
of GdJfxtt in g 1, - -
,-cpert -v, payin- the, sums I-,,y this ordinary e a.f �(isFied
a ra. in st. them and 4.,hu*:Lr irc " ".n fl �; the ,Witt' payiL �k g the rc,, ;.inder.
'!
V.
That the sevc-ral juma above mentionad assessed against
said property., and th._- ovneers thar�cf., r'c"z';Fe,,ctivO1_YO are hereby,
to:,-ether with all cc_,to 01 collection th,-reof.. in--luJing a reason-
is fog and co� k;o,.ectjon., j-r lEcurred, and in%.
a0ja attorney �3ta of &.j J.
evert c n- p.11 of s?-_Jd sums at the rvtf!t of 8% p,!,-r anr�un� deecl< veld is
T) o p r
tobe a. lien on the, snid respective rP�rcel5 o r , e t y a ga in t
n,hich the saome are assesemd, --nd. 1;k -P-,rlonal liability or ch- age
agairst the owners thereof..
wbether such ownere be herein correctly
named or not ., the assessments herein being J.evied against the said
pmemises and against the true owners th�,reof., 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 para-
mcunt lien thereon, superior to all other liens and claims., except
State, Oomty., !:.nd UsWnicipal Faxes, and 'the sum,-i so assessed
shall be payable as follows: to-wit
In three equal inetallms)nts 4
I , the first -rP q yable
upon the completion of the ,Unit of im-)rcvement upon which the b6tor
parcel of land against Kphich the asoass.ment is levied abuts, and
the aco-eptanoe of such improvement by the city; the second in one
year from s*Id date; and the third in two yee""re from staid date
all bei�ring interest at the rate of 8% per annum,, payable annually
with the provision that if def,--'cult s1*11 be made in the payment of
any principal or interest when due the :7}hcle of such assessrntnt upon
such default shall at once become due and pa-yncble at the option of
the contirac-tQr t"-onutxuotin& such improvements, or its assigns, pro-
vided, thv.t said pros-leity ovT.--rs alutll have the ri,,Tht , and are h3re-
il,y given the No pay any or all of the said installments
hereby given the option to pal, before maturity by pp-, yment of prin-
cipal and aocrued interest .
That the City of IVichita Rills shall not be in any
manner liable for the payment of any sum hereby assessed against
any proj>arty owner or his property, but that the said Contractor
shall look solely to such property and the onwers 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 T.')R- y-
ment of any of said sums hereby assessed against said prof-.-Irty
ovint!3rs a rd tieir property collection thereof shell be enforced
either by the sale of tne said propertyby the Tax Collector
and Assessor of the city of Wichita Rills, as near as possible in
the mannex provided for the sale of property for non-ppytrent of ad
valorem taxes., or at the opt-ion of said contractor or its assiLgnp
the pay-mant c-P the said suns shall be enforced in any court having
ur i ad ict ion.
V1.
That for the purpose of maridencing the semiral sums -pay-
abl a b y It".he owne rs of sa id propert y and t he t imns a nd t erns of pa Y-
ment and to aid in the enforceirient t he re o f P a a s i op ab 1 e c�rt i f ic,--46
tea shall be issued by the City of lic-hita F,-3-119 upon the complet-
ion and acceptance of the improvements for which the as^essment is
levied, which shall be executed by the Mayor and attested by the
C,.;.ty ClPrk with the corporation stal in the mtanner provided by
the City Cho ter and by the -"Law &-vid 1',rooreedings in force in this
City, and shF11 bi pa)ebla to the contrPotor performing sa id
work and said or itc asoigns whioh
cent ifioRtes oh,_,Lll deciare the sz-_Id amounts and tiie timers -?.nd termns
of pF.yriiontl t hereof., and t he c3,4 id rat e of int ere of ipc yabl e, thereon.,
and shall contain the nf-,.me of the o,,Tncr and desc.rij.,tion of his pro-
perty Find the 1(,,t and blo,;k nun.Joex or, front feet thereof, or such
other de_%cfiption as may otherwise identify sane,, and, if s-?-:Ld pro-
pert y shall be owned by a n estate, the description thereof as so
owned ohall be euffioient . Said certificates. shall further provide
th&t if defft-ult s'.-1,all bo nade in the ;^ yment o-17 Finy installragent of
princir-al or interest thereon when duet , then., at the option of the
said Contractor, or its assig,,-,., being the owner and holder there..
of, the ivihcle of the said a�,,sessmient shall at once b000me due and
payable and shall be collectible with rant3onable attorney's fees
and co�3ts of collection, if incurred. O-aid oertific-,-tes shall
further 9. at forth °,.nd evidence the personal liability of the owner
J and ok -I 'l Pro 4
of such property e..n,, the lien upon &uor, prami,,3clq, , vide
t tiat if default be made in the payment thereof that the same be
enforced either by sale of the property by the Tax Asoessorand Col,
lector of the Oit y of Wichita Falls, as above recited, or by iiuit
in any court having jurisdiction nd the said certificates shall
further recite substantially that proceedings with reference to
making the sai4f improvements hair* bb*n regularly had in complianoo
I with the laws and proceedings of the City of Wichita Falls., and wih
with the provisions of its Ch ;utrter, and that all prerequisities
to the fixing of the lien and the claim of psrsonal liability evi-
denced by sucli., have beeri pprfo!'i-led; which rt%; itals shall be; requir-
ed in Pny Court . And said certifioates may also recite substan-
tially tilat 41,,e auluunt tHereof shall be payrable to the %'J'011eotor
of Taxes of the vviid City, who sill issue his receipt there or
which receirt shall be evidenced for such 1,aywant en any
demand for the -same., whet],Lar by virtue of said cart if io&te or any
contract to pay tiie sane ent-cred Into by the oi—ner of such 1--roperW
-Ind tphat thr Col 1--ator of T, s,Ixp
'P, del,os,t
Y
'rill sung, so rt"2ived
hire fo rt h-W i t h with tne City Trt-asur,.,jrJ, 7-hc) shall kftnp the p
n 4)�i rll_'}t 64 fun,(I
that
ty
sbali C bj rin��de"!�!Otcr o fL T7es '-'Pon c oqrt j I -t at cqj �,�, _f 0,t f_%,,
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Jount th e City
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T,1jjjt no P rR d.j.t
In this nsming oj, p iZro9gul:�Ix ity
�i r;
ic-'cription of
'P ert y., or the altount n y Y pro-
ref tr4_*rc* t 0 Or in any
tsqmert, in any with
RnY' Trien affact an y in
111r5by 1tvialp any such r"'is
t`��ke 0r 0 r Tbether in
ailed Inc;a t cart irica.ts
h,a r of
rr&c, 4j d
t IPIC
3oard of Aldormen of tjje City of , I
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