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Ord 529 7/14/1924 Form 9 (1 of 4) ORDINANCE LEVYING ASSES>YENT FOR A PART OF THE COST OF IMPrtOVING A. PORTION OF FILMORE STREET IN THE CITY OF VIICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROFERTY AND THE OWNERS THEREOF; PROVIDING FOR THE COL- LECTION OF SUCH ASSESSi,iET1TS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY. OF VvITCHITA FALLS, TEXAS, THAT WHEREAS, the Eoard of Aldermen of the City of Wichita Falls, Texas, has heretofore by resolution passed on the 12th day of . May ,192 4 , ordered the im- provemen o Filmore Street in said City from its inter- section with tie 5 feet o the N P line of avenue G to its intersection VJihe r la Ile ° ,venue I by raising, grading an filling same and installing concrete curbs and �Suttcrs and paving with 2 - Willite Process asphaltic concrete pavement on five inch concrete foundation;w and ontract-. for the mati- ng and construction of sucFi improvements was lot to Plains Pav- ing Company; and the Engineer filed with the City rollor state- ment showing description of the various parcels of abutting prop- erty, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the 30th day of June .192 4 , all protests and objections were overrule an the sai hear=n� closed, and WHEREAS all other matters and things nec- essary and prerequisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set forth is in substantial pro- portion to the benefits to tha respective parcels of abutting property in the enhanced value thereof by means of such improve- ments, and is in accordance with law and the proceedings of the City, and that the amount hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such property in the enhanced value thereof bar means off' such im- provements, and that the assessments so shown and made do not ex- ceed the proportions of costs properly chareable to such property under the law and charter in force in this City: THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS. TEXAS, THAT: I. There shall be and is hereby levied and ass- essed against each parcel of property horeinbelow mentioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the' description of such property, the several amounts assessed against same, together with the total amount ass, essed, and the names of the owners of such property so far as known, being as follows: FILMORE STREET FROM 5 FEET NORTH OF THE NORTH PROPERTY LINE OF AVENUE"G"TO THE NORTH PROPERTY LINE OF AVENUE"I- Paving rate--$6.6696 per front foot: CURB Rate -$0.50 fer front foot ..11 located in the Floral Heights addition to the City of Wichita Falls, Texas, Nab E LOT BLOCK FRONTAGE .,MOUNT TOTAL AMOUNT E D Patton 1 84 50.0 $333.48 Curb 50.0 25.00 $358.48 J L Maxwell 2 84 50.0 333.48 Curb 50.0 25.00 358.48 J W Covington 3 84 50.0 333.48 Curb 50.0 25.00 358.48 C C Knight 4 84 50.0 333.48 Curb 50.0 25.00 358.48 W R Gay 5 84 50.0 333.48 Curb 50.0 25.00 358 .48 .. C Nance; 6 84 50.0 333.48 Curb 50.0 25.00 358.48 E IN Huff 7 84 50.0 333.48 Curb 50.0 25.00 358.48 Vr Guy Sinclair 8 84 50.0 333.48 Curb 50.0 25.00 358.48 :S A L Morgan 9 83 50.0 333.48 Curb 50.0 25.00 358.48 E Lowe 10 83 50.0 333.48 Curb 50.0 25,00 358.48 r. L Thornberry 11 83 50.0 333.48 Curb 50.0 25.00 358.48 E G Odell 12 83 50.0 333.43 Curb 50.0 25.00 358.48 State Trust Compnay 13 83 50.0 33:3.48 Curb 50.0 25.00 358.48 J M Hendrick 14 83 50.0 333.48 Curb 50.0 25,00 358.48 VJ H Veal 15 83 50.0 333.48 Curb 50.0 25.00 358.48 F C Chalmers 16 83 50.0 333.48 Surb 50.0 25.00 358.48 R F, Hays 1 93 50.0 333.49 Curb 50.0 25.00 358.48 C i"1 Ives 2 93 50.0 333.48 Curb 50.0 25.00 368 .48 George L Allen 3 93 50.0 33.5.48 Curb 50.0 25.00 358.48 R L Tillman 4 93 50.0 333.48 Curb 50.0 25.00 358.48 G.M.Eskridge 5 93 50.0 333.48 Curb 50.0 25.00 358.48 __�_ __ ,_continued--- --- -2- Filinor. e Street Assessment -continued- IN 1pd Lauer 6 93 50.0 $333.48 Cure 50.0 25.00 358.48 C C Jones ,6r, 7 93 50.0 333.48 Curb 50.0 25.00 358.49 H Hirshfield 8 93 50.0 333.18 Curb 50.0 25.00 358.48 J B Eubank 9 94 50.0 333.48 Curb 50.0 25.00 358.48 K M Samuels 10 94 50.0 333.48 Curb 50.0 25.00 358.48 J H Vallee 11 94 50.0 333.48 Curb 50.0 25.00 358.48 C R Seals 12 94 50.0 333.48 Curb 50.0 25.00 358.48 State Trust Company 13 94 50.0 333.48 Curb 50.0 25.00 358.48 J B White, 14 94 50.0 333.48 Curb 50.0 25.00 358.48 I M Ramsey 15 94 50.0 333.48 Curb 50.0 25.00 358.48 N H ..rcher 16 94 50.0 333.48 Curb 50.0 25.00 358.48 I 0 Form 9 (2 of 4) II. against said par The several sums above mentienod assessed cels of property and the owners thereof,` respective- ly together With interest thereon at the rate of eight (8 O per cent per annum, together with reasonable attorneyls fees and costs of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the same are assessed and a personal liability and charge against the z',-;al and true owners of such property, whether such owners be nam- ed herein or not, and the said liens shall be and constitute a first and enforceable claim against the property or iihich the ass- essment is levied, and shall be the first and paramount lien there- on, superior to all other liens and claims, except state, county and municipal taxes, and the sums so assessed ahsll be payable as follows, to-wit: In six equal annual installments due res- pectively on or before thirty days, one, two, three, four and five years after the date of completion and acceptance by the City Of said improvements, and the sums assessed shall boar interest from date of such completion ..and acceptance and until payd at the rate above provided, payable annually with each installment, and Provided that if default be made in the payment of any installment Of principal or interest when. due, the whole of the assessment upon which default is made shall, at the option of the Plains Paving Company or its assigns, be and become at once due and payable,.. together with reasonable atto-rneyts fees and costs of collection, if incurred; and provided further that the owners of such property shall have the right to pay any or all of the said installments before maturity at- any time, by payment of principal and interest accrued to date of payment. .III. he Cit not any manner liable for the Paymentoof anylta sumsalls assessedla ai bit innst any abutting property or any owner, .but the said Plains Paving Oompany and its assigns shall look solely to such owners for pay- ment of the sums assessed; but the City of Wichita Falls shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and personal liabilities; and if default shall be made in the payment of any of said sums, collect- ion thereof shall be enforced either by Sale of the property by the tax collector and assessor of the City of Wichita Falls, as near as possible in the manner provided for the sale of property for the non-payment of ad-valorem taxes, or, at the option of Plains Paving . Company, or its assigns, the payment -of said sums and said liens and liabilities shall be enforced in any court laving jurisdiction. IV. the of sums assessed against saidrparcellsuofsabuttingdencing properrtyhandntheal owners thereof, and the time and terms of payment, and to aid in the enforcement thereof assignable certificates shall be issued by the City of Wzchitaalls upon the compl•e.tion and acceptance Of the wo`rk which certificates shall be executed by the Mayor in the name of the City and attested by the City Clerk with the cor- porate seal, and stall be payable to Plains Paving Company, or its assigns, and shall declAre the said amounts, time and terms Of payment, and the rate of interest and the date of completion Form 9 ( 3 o.f 4) and acceptance of the iriprovaments, shall contain the name of the owner of property as accurately as possible, shall contain a description of the, property by lot and block number or front feet hereof, or such other description as may otherwise identify s:,zme; nd if the property shall b owned by an estate, then the description thereof as so owned s1lall be sufficient, or, if the name of the olviner bc; unknown, then to so state th- fact shall be suf'f icient and no error or mistakein describing any property, or in giving the name of any oy✓ncr, shell invalidate or in any Tfise impair any certificate or any assessment levied by this orrinance . Said certificate shall provide substantially that if the same shall not be paid prompltly upon maturity, t':lE:r_ they shall be collectible with reasonablo attorney° s .fc,.,s and costs o'' collection, if incurred, end shall also provid ,-ubstan- tially that the a.,laur.ts evidenced t' :�reby may be -)aid th the Col- lector of Taxes of the City of "�ichita Falls, Texn.s, Mho shalll ,issue his rocci.pt i,-hercf or, which ruceipt shah_ be evidence of such payment upon any dcm,-,nd for sar;.e; and the Collector of :'axes si all deposit the surns so roceived by him fortl1wC tji ,'rich the City reasurer to be liopt and held by him in a separate; fund hereby c1esignated as irPrU Filmore Street tic•, �occial Certificate Fend No. 2; and ,Jzc;n any payaen shallbe madu to the ta,-> Collector Upon such certificate, he shall upon presentation to hirz of the certificate by the contractor or other holder thereof, indorse said payment tl>_eroon; and the; contractor or holder of such. cer- tificate shall be entitled to receive fror,r the City Treasu.ror the amount paid, upon presenting to h_r,-, such certificate so endorsed and credited by the holder with the amount paid; an6 such endorse- ment and credit shall be th-e Treasurer' s warrant for making such payment. Payments b7, 7 the Treasurer shall also be roceipted for by the holder of such certificate in writing, and by the surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney' s fees, if in- curred, have been paid in full. Said Certificates_tshall further recite substantially that, all proceedings with reference to making such improvements have been regularly had. in compliance with laser, and that all prerequisites to the fixing of the assessment lien against the property described in such certificates and the personal liab- ility of the owner have been regularly done and performed, and such recitals shall be prima facie evidence of the facts so recited and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evidence: of each or all of the several installments thereof, or may have coupons for each of the first five i ;.stall- reents, leaning the main certificate to serve for the si„th in- stallment; which coupons shall be payable either to Plains Paving; Company or its assigns, or to Plain-- Paving Compa -iy or bearer; and s'ach coupons may be signed either with the ors-inal or with the fac-simile signatures of the Nayor and Cit-r Clerk . Said certificates s'-,all further recite that the City of Wichita Falls shall exercise all of its la-'ul ;Dowers when requested to do so by the holder' thereof to a- -L-1 collection thereof, and may contain recitals substantially i:.� ao-- cordance svit'1 the above and other ad ditiol�al recitals oerA. , ;nt or ap- ropriate thereto, and it shall not be -,_ecessary tiiat t'=e ecitals be in exact foram set fortis, but th substance thereof :_laJ_1 suffice•;. Form 9 (4 of 4) V, .Full pourer and levy re-assessments in any case, and to correct mistakes, errors, invalidities or ir- regularities, either in assesst,?ents or cettificates issued in evidence thereof, is in accordance with lave, vested in the City. INTRODUCED AND PASSED on its first reading at a Regular 24e�ting of the Board of Alderrricn on the 30th day of ,19 2 4 (Sgd) Frank Collier ATTEST: _viayor (bgd) W E McEroom City C er PASSED on its second reading at a Regular Mccting of the Board of Aldermen on the day of 192 ATTEST: Mayor City uler PASSED ON ITS THIRD AND FINAL READING at a Regular Meeting of the Board of Aldermen on the day of ,192 , ayor Attest: sty erk