Ord 354 2/14/1921 J a s
d
AN ORDINANCE ORDERING THE IMPROVEMENT OF
DESIGNATING THE MATERIALS AYD VFT7ODS OF I1fPROVF*,e'
MENT , AND PROVIDING FOR THE CONSTRUCTION THEREOF ffiY
CONTRAT ? AND PROVIDING FOR THE PAYMENT OF THE COST
OF SUCH IMPROVEMENTS, LEVYING .ASSESSMENTS THEREFOR
AND FIXING THE TERMS AI4YTIMES OF PAYMENT , AND T4
RATE OF INTEREST THEREON, AND PROVIDING FOR THE IS-
SUAycF OF.. ASSIGNABLE CERTIFICATES, a-'W a-4A--1
or y-- X. "p 'Y' '�- -I- 7� x 7` 7�
BF�TAD IT IS HFRFBY OR�,i 2yrnn s, THE BOARD OF
ALDERM1N OF THE CITY OF WIH7TA FALLS: THAT ,
WHFRFAS, the City of Wichita Falls has heretofore
determined by resolution the necessity of imprd)ving the follow-
ing port ions of st re et s i n sa id. C it y:
and plans and specifications therefor have been prepared and filed
by the City Engineer, and examined, corrected and approved by the
City, and bids for the making and construction of such improvements
have, after due advertisement and notice, been received, opened-
and examined and the bid of for the making and constructing 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 f iled vdh
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 the owners 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,
WHEREAS, by resolution passed and adopted on the
day of__ / 9' , it was ordered that ,a hearing to all
owners of property abutting on said 1. ortions of streets named to
be improved, their agents or attorneys, and all other's interested
in the said impr oveinent s, or in any matter or thing in any wise
r
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 hea r-
ing and the time and place thereof be given; and,
WHEREAS, such notice was given in the manner pr6vided in
said resolution and in the manner and for the length of t irre pro-
vided and required by law, and the proceedings of this Board; and, .
WHERFAS, at said hearing all desiring to contest said as-
ses8ment s or in any manner desiring to be heard concerning the
benefits thereof, or said improvements, or as to any other matter
in manner connected with or incident thereto or as Vo damage res-
ulting therefrom, were fully and fairly heard, and all errors, mis-
takes and inequalit ier,ai, and all other ri,atters requiring rectifica-
tion were rectified and corrected and the commission having heard
and considered the evidence, and being of opinion from the evidecoe
that t-he assessments hereinbelow wade and charges hereby declar-
ed against property owners and tizeir property, are just and equita-
ble, ai.,d `G lat in Qach case the assessment Yade against any parcel
or lot of pruperty is less than the benefits to said property in t}e
enhanced value thereof by means of the improvement upon which said
property abuts, and the Commission having considered and adopted t]e
the rule of apportionment below set forth and the diVAsion of the
cost of said improvements between said pro T-)ert y owners, and t :r,eir
property, as just and equitable and producing substantial equalitr
considering benefits arising from said improvements or burdens
imposed thereby, and'damagep , resulting- from or caused thereby, such
apportionment being the same as shown on the report and estimate
and statement heretofore filed by the Cit y Engineer with the City
Cowmissign, and hereinabove referred to, and such benefits and
assessment s against the resZ_,eut ive 1;,t s and parcels of property
herein below mentioned and made have.:ing been determined uonside r-
ing the improvement of each section�df 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
and said hearing having been closed;
I .
That the following portions of streets in the C it y
of Wichita Falls are herebyr ordered imircved by raising., grad-
ing and filling same and installing concrete curbs and gutters,
and paving with Paveiiient on
-IA_
crus�d stone foundation, under and in accordance A plans and
'
specifications therefor heretofore prepared and filed by the Cit y
Engineer, and adopted and approVed by the City.
That said improvemcntB be made and consturuct-led in
the name of the City by contract , and that the iiaiproverflents on
each portion of streetB ordered bje impzoved be regarded as a sec-
arate unit of improvement and separate contracts -for each such
portion of streets be let
That ti.ei-e is and shall be hereby levied uGui at
each of the owners of property below �,ientioned., and against his or
her
property be-low described, tLhe several sums of money below Yiien
ti oned and itemized for curbs and for paving and for other iri,_
proveri-tents, and tllLe total amount thereof set opposite the name
of the person and his or her prop erty, the navies of said property
owners and the description of their property, and the several
amounts assessed against them and their propert C>
:v-being as follows,
to-wit : and being for the pi-oper and proportionate amounts of th
r>
the cost of the improvement upon which each such lot or parcel
of land abut e;
Tziat -uiie Cost Of said improvements shall be paid
by the owners of abut Ling- pxoljei:ty, paying the sums by this ordina-
nce 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 thereof, respectively, are hereby,
together with all costs of collection thereof, including a reason-
able attorney ' s fee and costs of collection, if incurred, and int-
erest on all of said sums at the rate of S ' per 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 against
the owners thereof
oMk --tx&-&-'jq� whether 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 liens shall be
and constitute the first enforceable claim against the said proper-
t)t against which it is assessed, and be the first and paramount
lien thereon, superior t-o all other liens and claims, except State,
County, and Munitipal taxes, and the sums so assessed shall be pay"
abld as follows: tp- wit
In three equal installments, the first payable upon
the completion of the unit of. improvement ; LI,on 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 thw third in two years farom said date all
bearing interest at the rate of 8% per annum, payable annually, witi�
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 , and are
hereby given the option to pay any or all of the said installments
hereby given the opt ion to pay before rriaturit y by payment of
principal and accrued interest .
That the City of V6``ichita Falls shall not be in any
manner liable for the payment 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 owners thereof, for the
payment of said sums, but the said City of Wichita Falls, shall
L .
exercise all of its lawful Powers to aid in and e.force the colle�',
Lion of said sums, and if default shall be made in the payment of
any of said sums hereby assessed against said property owners and
their property collection thereof shall be enforced either by the
sale of tale said property by the Tax Collector and Assessor cf the
Cit y 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 payment of the
said sums shall be enforced in any court having jurisdiction.
vl .
That for the purpose of evidencing the several sums pay-
able by the owners of said property and the times and terms of pay-
meat and to aid in the enforcement thereof, assignable certificates
shall be issued by the City of Wichita Falls upon the complet ion
and acceptance of the improvements for which the assessment is le--
vied, 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 by the law and proceedings in force in this city, and
shall be payable to the contractor performing said work and con-
structing 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 property and
the lot and block number or front feet thereof, or such other de-
scription as may otherwise identify same, and if said property 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 princ�
pal or interest thereon when due, then, at the option of the said
Contractor, or its assigns, being the owner and holder thereof, tla
whole of the said assessment shall at once become due and payable
and shall be collectible with reasonable attorneys 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 shall provide that
1
6 c
if default be made in the payment thereof that the same be en-
forced either by sale of the property by the Tax Assessor and
Collector of the City of Wichita Falls, as above recited, or by
suit in any court having jurisdiction sc and the said certifica-
tes shall further recite substantially that proceedings with re-
ference to making the said improvements have been regularly had
in compliance with the laws and proceedings of the City of Wichita
Falls, and with the provisions of its Charter, and that .. all pre-
requisit ies to the fixing of the lien and the claim of personal
liability evidenced by such, have beerr, performed, which recitals
evidAncmd 'of .tll&-facts so- ,recited and n,o.further proof thereof :
shall berequired 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 Cit y, who shall issue his re-
ceipt therefor when paid, which receipt shall be evide=ed for
such payment on any demand for the same, whether by virtue of said
ceft-ificate 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 Treas-
urer., who shall keep the same in a separate fund, and that when
any payments shall lue made to the Collector of Taxes upon said
c ert if icat a s,hgr #thull, upon presentation to him of such certifica-
tes by the contractor, or other holder thereof, endorse credit
trheereon for payment received and the holder thereof shall be en-
titled to receive from the City Sreasurer the amount paid, upon
presenting to him said certi�}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 therefor and surrender said certifica
to to said Treasurer when paid in full, together with costs of
collection and attorney 1s fees, if incurred. And the said certifi-
cates 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 certificates to aid in the collection thereof, but the
City of Wichita Falls, shall in no wise be liable to the holden
u
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.
VII .
That no mistake , invalidity., error, or irregularity
in the marring of any property owner or the description of any
property, or the amount of any assessment , or in any proceedings
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 cert ificate.
issued in evidence thereof, may be corrected at any time by the
Board of Aldermen of the City of Wichita Falls, or reassessments
therefor may be levied.
VLII.
That this ordinance shall take effect from and after
its passage.
APPROVED:
ATTEST ; Ma yo r
CITY CLERK