Ord 341 6/27/1921 no date used Ord 342 date r DALLAS,TEXAS � NOW
j AN ORDINANCE ORDERING THE IMPR OVEidIE NT OF
PORTIONS OF AVENUE A, EIGHTH STREET, GRANT
STREET , AND NINTH STREET , IN THE CITY OF WICHITA
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FALLS , DESIGNATING THE MATERIALS AND METHOD
OF IMPROVEMENT , AND PROVIDING FOR THE CONSTRUCTION
THEREOF BY CONTRACT , AND PROVIDING FOR THE PAY-
MENT OF THE COST & SUCH Dv1PROVEMENTS , LEVYING
' ASSESSMENTS THEREFOR, AND FIXING THE TERMS AND
TIMES OF PAYMENT , AND THE RATE OF INTEREST THEREOF ,
AND PROVIDING FOR THE ISSUANCE OF ASSIGNABLE
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CERTIFICATES.
I'I BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF
ALD&RMEN OF THE CITY CIE' WICHITA FALLS: That ,
WHEREAS , the City of Wichita Falls has heretofore
j! determined by resolution; the necessity of improving the followin
li portions of streets in said City:
Avenue A, from the South property line of Tenth
11 Street to the South property line of Eleventh Street; I
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1 Ninth Street from the West property line of j
j Denver Street to 100 fe6t West of the West property line of i
�I Taylor Street;
l Grant Street from 100 feet North of the North
f property line of Avenue Ii, to the center of the intersection wi tl
Ave rwe H;
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 Texas Bitulithie
Company for the making and constructing of such impr oveme nts ,
with the materials and methods herein ordered, found to be the
11 lowest responsible bid, and the City Engineer has prepared and-
filed with the City estimates of the cost of such impr oveme nts
and of the amounts to be assessed against abutting lots or
parcels of property , and the owners , thereof , with the des criptioz
of each such lot or parcel of property, and the names of the
j owners thereof , in the mamrer required and provided by the
Charter of this City and the laws in force in this City and the
proceedings of this City applicable thereto; and,
WHEREAS, by resolution passed and adopted on,the
16th day of December , 1920 , it was ordered that a hearing to all
lowners of property abutting on said portions of streets named
to be improved, their agents or attorneys , and all others in-
terested 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 7:30 P. M. on the loth day of January , 19219 and that notice
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of such hearing and the time and place thereof be given; and,
it WHEREAS , such notice was given in the manner
provided in said resolution and in the manner and for the length
of time provided and required by law, and the proceedings of
this Board; and,
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` WHEREAS , at said hearing all desiring to contest
said assessments or in any marn►er 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 to
damages resulting therefrom, were fully and fairly heard, and
all errors , mistakes and inequalities , and all other matters re-
�i quiring rectification were rectified and corrected and the
�� commission having heard and considered the evidences and being of
IIopinion from the evidence that the assessments hereinbelow made
and charges hereby declared against property owners and their
property , are Just and equitable , and that in each case the
assessment made against any parcel or lot of property is less
than the benefits to sat.d property in the enhanced value thereof
by means of the improvement upon which said property abt.ts , and
the Commission having considered and adopted the rule of appor-
tionment below set forth and the division of the cost of sa
improvements between said property owners , and their property,
as just and equitable and producing substantial equality con-
sidering benefits arising from said improvements , or burdens im-
posed thereby, and damages resulting from or caused thereby ,
such apportionment being the i on on the report City Engineer
estimate and statement heretoforefiled by the
` with the City Commission, and hereinabovQ referred to , and such
benefits and assessments against the respective lots and parcels
of property hereinbelow mentioned and made having been determined
considering the improvement of each section of street herein
o�td®red as a separate and independent unit of improvement,,
separate and distinct from each and every other portion of street
ordered improved, and said hearing having been closed:
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That the following portions of streets in the Cit3
of Wichita Falls are hereby ordered improved by raising , grading
and filling same and installing concrete curbs and gutters , and
thic Pavement on crushed stone
foundation, ender and in accordance
ledtb plane
City Engineeraecifictions
paving with Warrenite Bituli
therefor heretofore prepared and fi y
and adopted and approved by the City.
II.
a
That said improvements be made and constructed
in the name of the City by contract , and that the improvements on
� � Ieach portion of streets ordered be improved be regarded as a
Ss unit of improverpent and separate contracts for each such
;i portion of streets 'be let.
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i That there is and shall be hereby levied against
each of the owners of property below mentioned, and against his
p" or her property below described, the sevaral sums of money below
�. mentioned and it for curb and for paving and for other im-
provement , and the total amount thereof set opposite the name
of the person and his or her property, the names of said pro-
perty owners and the description 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 the cost of the improvement u�f'on'which each such cdot o
pa rce 1 of land _abuts:
(Here write into the ordinance an exact copy
of the Engineer' s report and estimate of cost
I� to property owners , or paste a carbon copy of
Let the portion of the street
such report herein.
be shown, and let the-part payable by the city
be shown , as well as the total amount payable by
! property owners , etc. , in other words , let the full
and complete statement or report of the Engineer
be shown either by copying into the ordiminee of by
�I pasting carbon copies thereon.)
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IV.
II
That the cost of said improvements shall be
paid by the owners of abutting property , paying the sums by this
ordinance assessed against them and their property, and the city
Ij paying the remainder.
V.
That the several sums above mentioned assessed
j against said property, and the owners thereof , respectively, are
hereby, together with all costs of collection thereof, including
a reasonable attorney' s fee and costs of collection, if incurred,
and interest on all of said sums at the rate of 8% per annum,
jj 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 , 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 *kmk6 the said liens shall be and constitute the first
enforceable claim against the said property against which it is
j assessed, and be the first and paramount lien thereon , superior
to all other liens and claims , except State , County , and Munici-
pal taxes , and the sums so assessed shall be payable as follows:
to-wit:
In three equal installments , the first payable
! upon the completion 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 frog
it said date , all bearing interest at the rate of 8% per annum,
payable annually, with the provision that if default shall be mad(
in the payment of any principal or interest when due the whole
of such assessment upon such default shall at once become due and
j payable at the option of the contractor constructing: such im-
provements , 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 before maturity by payment of
principal and accrued interest.
That the City of Wichita 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
l Wichita Falls shall exercise an of its lawful powers to aid in
'! and enforce the collection of said sums , and if default shall be
made in the payment of arty of said sums hereby assessed against
j said property owners and their property, collection thereof shall
be enforced either by the sale of the said property by the Tax
i Collector and Assessor of the City of Wichita Falls , as near as
11 possible in the manner provided for the sale of property for
q non-payment of ad valorem taxes , or at the option of said con-
tractor , or its assigns , the payment of the said sums shall be
enforced in any court having jurisdiction.
VI.
Th
at for the purpose of evidenei the several
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sums payable by the owners of said property and the times and
j; terms of payment , and to aid in the enforcement thereof , assign-
able 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 by the law and proceeding
�! in force in this city , and shall be payable to the contractor
j performing said work and constructing said improvements , or its
assigns , which certificates shall declare the said amounts and
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thereof , and the said rate of
Ithe times and terms of pay�►ent the name of the owner
' rest payable thereon, and shall containnumber
� interest ro erty and the lot and blockotherwiser
;'. and description of his
such other description as may an estate ,
front feet thereof , property shall be owned by Said
ident ify same , and if said prop y 11 be sufficient.
madLe
the description thereof as so owned she
s shall further Provide that if defaortinterest®thereon
certificate installment of principal ox its
in the payment of any th Option of the said Contractor,
when due , then, at the °P the whole of the
assigns , being the owner and hold.er thereof and shall
at once �s fees and costs of
said assessment shalreasonablebattorney an payable lrther set
be collectible with
if incurred. Said certificat:esofsthe owner of such
collection , per, liability provide
that
forth and evidence the Pon such premises , and shall p
Property and the lien up a eat thereof that the same may be
sale of the property by the Tax Assessororaby
if. def��ult be made in the P eta falls , as above recited,
enforced either by of Wichita '
Collector of 'the City isdiction, And the saidcertificates
cou- v Proceedings with reference to
suit in any �'�/ larl had in com-
shall farther re vements have been re$u `� of Wichita
making the said i1 proceedings of the City that all
pliance with the laws and p personal
ll�s and with the provisions of its Cha1''Ger , and
F a of the lien and the claim of P
prerequisites to the f isuch, have bee n p erf o Me d , which recitals
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p evidenced by
liability ace of the facts so recited and- no further proof
shall be evidence uiredin any Court . .And satdthereof cert if 1 shall
thereof shall be req that the amoun who shall
may all recite substantially t shall be
able to the Collector h Taxes ,°which receipt shall ether by
he
be pay t therefor when P
issue his receipt meat on any demand for the lathe same
evidence for such pay contractdt��JVCollector of
virtue of said certificate or any ro erg
ed into by the owner of such PrOPer by same
forthwith
1' enter osit all sums so a in a separate
` k Taxes shall deP who shall keep the
with the City Treasurer ,
that when arty Payments shall 11 ,mupon presentation Collectorthe
fan&, and on said certificates , he s or other holder
+. of Taxes up the contractor ,
to him of dch creditathereon for payment received and the
thereof , en receiv
thereof shall,be entitled resentingetor�-mom t said he iCerti-
ho l de r oul�t Pal( , upon p
Treasurer the am the Collector of Taxes and credited. Y
ficate so endorsee amount paid• And such end.orsemen ntocredit
the holder with t such payment
other holder. And the said contractor or
shall be the TreT rex's warrant for making
t in writing to
said contractor
other holder of said certificates shall is costs is collection
therefor and surrender sash certificate to said
said Treasurer aid in full , together with
Treasurer when p the said_ certificates
and attorneys fees , if incurred• And holder of the
ide that the City of Wichita Falls shall exercisf
may further prov but the City
its lawful powers when re thereof,thereof,
said certificates to aid in the the amount evidenced
11s shall in no wise be liofle to the holder of sai
of Wichita k a manner for payment
in arjY expenses in the premises., and such
thereby ,
Or for any costs or ro riate thereto.
thereby contain other recitals apP P
certificates may V11.
error , or irregu-
invalidity ,, tion
That no mistake,
owner or the de�crip
in the naming of any property assessment , or� pr0-
laxity or the amount of any wise
of any p roperty, assessment , shall in anYlevied ,
rs with reference to any assessment hereby
cee di jg " wise affect any
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invalidate or in any or error , whether in such e corrected atrany
and a' . suc h mistake
certificate issued in evidence tia.ereof , m of tixdichita Falls , or
• me b the Board of Alderr�ibe levieof d.
time Y
reassessments therefor may
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VIII.
That this ordinance shall take effect from any
after its passage.
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APPROVED:
----------------------Idayor.
ATTEST:
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--------------------------City Clerk.
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