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Ord 869 1/10/1927FORM NO. 9 . ' AN ORDINANCE ORDERING THE IMPROVEMENT OF A PORTION OF BRITAIN STREET, FROM THE NORTH CURB LT%,E OF AVENUE I TO THE SOUTH LINE OF LOT 7, BLOCK 4, JACKSON-ROBERTS ADDITION, DESIGNATING THE MATERIALS AND METHODS OF IMPROVEMENT, AND PROVIDING FOR THE CONSTRUCTION THEREOF BY CONTRACT AND PROVIDING FOR THE PAYMENT OF THE COST OF SUCH IMPROVEMENTS. LEVYING ASSESSMENT THEREOF, AND FIXING THE TERMS AND TIMES OF PAYMENTS, AND THE RATE OF INTEREST THEREON, AND PROVIDING FOR THE ISSUAWE OF ASSIGNABLE CERTIFICATES; AND DECLARING AN EMERGENCY. BE IT AND IT IS HEREBY ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS: THAT, WHEREAS, the City of Wichita Falls has heretofore determined by resolution the necessity of improving the following portion of street in said city; all the unpaved portion of Britain Street, from the North Curb Line of Avenue I to the South Line of Lot 7, Block 4, Jackson -Roberts Addition, , in the city of Wichita Falls, Texas, 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 construc- tion of such improvements have, after due advertisement and notice, been re- ceived, opened and examined and the bid of L. E. Whitham and Company for the making and construction of such improvements, with the materials and methods herein ordered found to be the lowest responsible bid, and the City Engineer has prepared and filed with the City, estimates of the cost of such improvements and of the amount to be assessed against abutting lots or parcels of property and the owners thereof, with the description of each such lot o.r 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 applicable thereto; and, Whereas, by resolution passed and adopted on the 18th day of October, 192 6 , it was ordered that a hearing to all owners of property ab�ztting on said portion of street named to be improved; their agents or attorneys, and all others interested in the said improvements, or in anymatter or thing in anywise connected therewith, be held in the Council Chamber in the City National Bank Building in the City of Wichita Falls, Texas, at 7:30 P. M. the 10th day of January, 1927 , and that notice of such hearing and the time and place thereof be given; and, WHEREAS, such notice was given in the manner provided in said reso- lution and in the manner and for the length of time provided and required by law, and the proceedings of this Board; and, WHEREAS, at said hearing all desiring to contest said assessments or in a manner desiring to be heard concerning the benefits thereof, or said im- provements, or as to any other matter in any manner connected with or incident therein or as to damages resulting therefrom, were fully and fairly heard, and all errors, mistakes, inequalities, and all other matters requiring rectification were rectified and the Board of Aldermen having heard and considered the evidence, and being of opinion from the evidence that the assessments herein below 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 or property is less than the benefits to said property in the enhanced value there- of by means of the improvement upon which said abutts, and the Board of Aldermen having considered and adopted the rule of apportionment below set forth and the division of the cost of said improvements, between said property owners, and their property, as just and equitable and producing substantial equality consid- ering benefits arising from said improvements and burdens imposed thereby, and damages resulting from or caused thereby, such apportionments being the same as shoran on the report and estimate and statement heretofore filed by the City Engin- eer with the Board of Aldermen, and herein above referred to, and said hearing having been closed; 1. That the folloviing portion of street in the City of Wichita Falls is hereby ordered improved by raising, grading and filling same and installing concrete curbs and gutters, and paving with one -course reinforced concrete, under and in accordance with plans and specifications therefor, heretofore prepared and f fled by the City Engineer, and adopted and approved by the City, to -wit : FORM NO. 9. (2 ) 2. That said improvements be made and constructed in the name of the City by contract. 3. 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 mentioned and itemized for curbs and for paving and for other improvements, and the total amount thereof, set opposite the name of the person and his or her property, the names of said property owners and the description of their property, and the several amounts assessed against them and their property being as follows: I FORM NO. 9 . (3 ) and being for the proper and proportionate amount of the cost of the improvements upon which each such lot or parcel of land abuts ; 4. That the cost of such 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 paying the remainder. That the several sums above mentioned assessed against said prop- erty, and the owners thereof, respectively, are hereby, together with all costs of collection thereof, including reasonable attorney's fees and costs of collec- tion, if incurred, and interest on all of said sums at the rate of 8% 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, whether such owners be herein correctly named or not, the assessments herein being levied against the said premises and against the true owners there- of, 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 paramount lien thereon, superior to all other liens and claims, except State, County and Municipal Taxes, and the sums so assessed shall be payable as follows, to -wit: In six equal installments, the first installment shall be due and payable on the date of completion and acceptance of such improvements by the City; and the second installment one year from said date; the third installment two years from said date ; and the fourth installment three years from said date ; the fifth installment four years from said date; and the sixth installment five years from said date ; all bearing interest at the rate of eight per cent per annum, pay- able annually with 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 aosigns, provided, that said property owners shall have the right, and are hereby given the option to pay 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 prop- erty, 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 exercise all of its lawful powers to aid in and enforce the collection 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 the said property by the Tax Collector and Assessor of the City of Wichita Falls, as near as possible in the manner provided for sale of property for non-payment of advolorem taxes, or at option of said con- tractor or its assigns, the payment of said sums shall be enforced in any court having jurisdiction. 6. That for the purpose of evidencing the several sums payable by the owners of said property and the times and terms of payment and to aid in the en- forcement thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and acceptance of the improvements for which the as- sessment 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 law and proceedings in force in this city, and shall be payable to the Contractor performing said work and constructing 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 description 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 de- fault shall be made in the payment of any installment of principal or interest thereon when due, then, at the option of said Contractor, or its assigns, being the owner and holder thereof, the whole of said assessment shall at once become due and payable and shall be collectible with reasonable attorney's 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 if default be made in the payment thereof, FORM NO. 9 . (4 ) that the same be enforced 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 and the said certificates shall further recite substantially that the proceedings, with reference 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 prerequisites to the fixing of the lien and the claim of personal liability evidenced by such, have been performed, which recitals shall be evidence of the facts so recited and no further proof thereof shall be required 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 City, who shall issue his receipt therefor when paid, which receipt shall be evidence of such payment on any demand for the same, whether by virtue of said certificates or any contract to the same entered into by the owner of such property and that the collector of Taxes shall deposit all sums so received by him forthwith with the City Treasurer, who shall keep the same in a separate fund, and that when any payments shall be made to the collector of taxes upon presentation to him of such certificates by the contractor or other holder thereof, endorse credit thereon for payment received and the holder thereof shall be entitled to receive from the City Treasurer the amount paid, upon presentation to him of said certificate so endorsed by the Collector of Taxes and credited by the holder with amount paid, and such endorsement and credit shall be the Treasurer's warrant f or making such payment to said con- tractor or other holder. And the said contractor or holder of said certificates shall receipt in writing to said Treasurer therefor and surrender said certifi- cates to said Treasurer when paid in full, together with costs of collection and attorney's fees, if incurred. And the said certificates may further provide that the City of Wichita Falls, shall exercise its lawful powers when requested so to do by the holder of said certificate to aid in the collection hereof, but the City of Wichita Falls, shall in no wise be liable to the holder of said certifi- cates in any manner for payment of the amount evidenced thereby, or for any costs or expenses in the premises, and such certificates may contain recitals appro- priate thereto. Said certificates may kava coupons attached thereto in evidence of each or all of the several installments thereof, which coupons shall be payable either to said contractor or its assigns , or to said contractor, or bearer; and such coupons may be signed either with the original or with the facsimile signa- ture of the Mayor and City Clerk. 7. That no mistake, invalidity, error, or irregularity in the naming 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 anywise affect any assessment hereby levied, and any such mistake or error, whether in such assessment or the certificate issued in evi- dence thereof, may be corrected at any time by the Board of Aldermen of the City of Wichita Falls, or reassessments therefor may be levied. M The fact that the improvements herein mentioned are being delayed pending the effect of this ordinance, and that the condition of said portion of street endangers the public health and safety, constitutes and creates an ur- gent public necessity requiring that the rules providing that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure, and such rules are accordingly suspended, and this ordinance is passed as an emergency measure, and shall be in force and effect immediately from and after its passage. That this ordinance shall take effect from and after its passage. Passed and approved this 10th day of January, A. D. 192 7 ATTEST: .(Signed). W. E. McBroom.':........... CITY CLERK. APPROVED: (Signed) R. E. Shepherd - ................................. MAYOR.