Ord 836 10/11/1926Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
T=FTH STREET IN THE
CITY OF WICHITA FALLS, TEXAS, FIXING
A CHARGE AND LIEN AGAINST ABUTTING
PROPERTY AND THE OWNERS THEREOF,
PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE OF
ASSIGNABLE CERTTFICATES, mumuminm
Whereas, the Boa: -d of Aldermen has heretofore by resolution
passed on the „June. .......................... _......._192...6...,
ordered the improvement of e !p� t � f ✓ ° e TV�4 Z�
�,,4y �, �, e Ol,,ra A v(f, VLO 1L7
C a w yr A v c,.
in the city of Winhi,ta Falls, Texas, by raising, grading and fill-
ing same and installing concrete curbs and gutters and paying with
one course reinforced concrete, and contract for the making and
construction of such improvements was let to L. E. Whitham & Com-
pany and the Engineer filed with the City roll or statement show-
ing descriptions of the var:ioi.is parses of abutting property, 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 nutice, hearing wa0sc held
and had; and by resolution passed on the . 11tY�...day of ......_......._............_:....
protests and objections made were overruled and the
said hearing closed; and
WHEREAS, all. other matters and things necessary and pre-
requisite hereto have been done and performed; and the Board of
Aldermen being of the opinion that th apportionment of the costs
hereinbelow made -,rid set forth is in substantial proportion to the
benefits to the respective parcels of abutting property in the
enhanced value thereof by meanis of such improvements, and is in
accordance wit'i the law and p:-oceedi.ngs of the City, and that
the amounts her einbt lo5rl s.nown and t,ssesscd against such parcels
of property do nc,t in an -,T case -.xceed the benefits to such prop-
erty in the enhanced value thereof by rr_eans of such improvements,
and that the assessments so shownn, and made d: not exceed the pro-
portions of costs pr•ope.rl_17 chargeable to such property under the
law and charter in free in this City;
THEREFORE BE IT ORDA'NFD BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There shall be and is hereby levied and assessed against
each parcel of property hereinbelow 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 several amo7,lnts asse-,sed against same, together
with the total amount atisessed, and tie games of the owners of
such property so far as known being as follows; (ADDENDA: Refer
to Street assessment sheet next attalched and made a part hereof.)
II.
The several sums above mentioned assessed against said
parcels of property and the ovrners thereof, .respectively, together
with interest thereon at the rate of eight (8%) per cent per annum
together with reasonable attorney's fees and costs of collections,
Form 19 page 2.
if incurred, are hereby declared to be and made a lien UPOnlassess
the
respective parcels of property against which the are
ed and a personal liability and charge against the real and true
owners of such property, whether such owners be named herein or
and said id lien shall be and constitute a firot enforce -
not, n which assessment is levied,
able claim again��A the property 0
and shall 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:
-r,, installments (annual), due respectively on or
J -.j six equal il one, two, three, four, and five
before the date of completion, I
yt,ars after the date of completion and acceptance by the City of
said improvement's, and the sums asse,,,sed shall bear interest from
date OIL Such completion and acceptance at the rate provided, pay -
provided that if default
installment, and
able annually with each r interest when due, then
be made in the payment of any principal 0 is made shall, at
the whole of the assessement upon which default
the, or tion of L. E. Whitham and Company or it,, -i asp--igns, be and be -
ether with reasonable attorney's
come at once due and payable tog,
fees and co--}ts of collections if Incurred, and provided further
that the Owners of such -property shall nave the right to pay 'any
or all of t,,e saLd iris tallments before Yi,�aturitv at any time, by
payment of principal and interest accrued to the date of payment.
III.
The Cit;- of Wi-,,�;hita Falls shall not be in any manner liable
1; assessed against any abutting property
far the pay-ment cif any suds
or any owner, but the saidigns L. E .Whitham and CoMpany and its as
sshall lock solelt
y o such owners for payment of the sums
I ;,,
assessed; but the CjAY Of Wichita Falls hall exercise all of its
lawful powers to 6,id in the enfo--Uement and collection of said
liens and sums and personal liabilities; and if default shall be
made in the payment .. of any of said sums, collection thecefor shall
p.be enforced either by sale of the pl-o-perty by tile tax assessor
collector, of the City of Wichita Falls, as near as possible in the
manner provided for , a1c, of prope-1-ty ILor the rton—payt,,,,ent of ad—
valorem taxes, or, at the option of the said L,. E. Whitj.�am and
Company or its assigns, the payment of said, sizms and ;aid liens
and liabilities hall be enforced in any court having jurisdiction.
IV.
For the purpose of evidencing the, several sums asse.-,sed
against said parcels of abutting property and the owners thereof,
of payr
and the time and terms _qent, and to aid in the enforcement
assignable certi..ficates shall I
-ull be is,,3ued by the City
thereof, opyplet�j.c)n and acceptance of the
Wichita Falls, Texa3 Itpon the c
w,ork, which certificates shall be c-,,xeCIA,tr,,d by the Mayor in the
)f t1le City and attc3ited. by thr,-: city Clerk with the corpor-
ation
( Whjtliam and Company or
ation seal, and shall be payable to L. E. 11
time and terms
,nd shal-11. (IFclare
its a.,signs, E, -, the said amc-)u nts,
of pment, and the rate of -'rtcrcd cast, anthe dr�,te of completion
ay
and accertalncO of the impy'cvem`,nt�, ;hall conta-Lr the name of the
,�te-',r as shall contain a
owner of the ;property 's acc-ur- Vul fcot
lock numbec cr front d s c r j. tiara of the by lot and. block
ntherwise dente `J saiiie;
-,,,ip t i n as n
thereof, 01- such other desc then the descrlp--
and if the property shaLi be owned by an estate,
ed shall. be suffj.,,,ient, if the na,�'ie of
I
tion a3 so ovvn -i.entand
the ogner be unknown, then to so state
shall be suffio
mistake in aescring anY prOpc-,'T�tY or, in givin,g the
no error 03" M b�.
C.
.-
name of owner-, shall invalidaz.le or in any Wise impair an cetif—
icate or any assessment levied by this ordinance.
Form No. 9. Page 3.
Said certificates provide substantially that if same
shall not be paid promptly upon maturity, then they shall be col-
lectible with reasonable attorney's fees and costs of collection
if incurred, a°.Ild shall also provide substantially that th.e amounts
thereby evidenced may be paI.d to the collector of taxes in the
City of Wichita falls, Texas, who shall issue his receipt there-
for, which receipt shall be evidence of such payment upon any de-
mand for same; and the collector of taxes shall. deposit the sums SO
received by him forthwith with the City Treasurer to be kept and
held by him ill a separate fund hereby designated as ....................... ............
Tvyelf th ........ ........ ................... - Street Special Certificate Fund
0 and when anY C,mount shall be made to the tax
such certificates, he shall upon presentation to him
collector upon
of the certificate by the contractor or other holder thereof, endorse
said payment thereon, and the contractor or holder of such certifi-
cate shall be entitled to receive from the City Treasurer the amount
paid, upon presenting to him such certificate so endorsed and credit—
ed by the holder with the amount paid; and such end�-)rsement and ored-
it shall b-- the Treasurer's �,;Tarrant for making such payment. Pay-
ments by the Treasurer shall also be recelpted for by the holder of
such certificates ii,l writJnsg, and by surrender thereof when the prin-
cipal, together with accrued interest and all costs of collection
and reasonable attorney's fees, '-f incur -ed., have been paid in full.
Said certificates shall further recite substantially that
all proceedings with reference to making sucii improvements have been regularly had in coTvpliwith the law, and that all pre-
ance
reqlUisites to the fixing of the assessment lien against the piop-
erty described in such certLfic,-:1A,0s and the personal liability
of the owner have been regiilarly done arid performed, and such
recitals shall be prima facie evidence of the, facts oo recited,
and n,.., further proof thereof shall be required in any court.
Said certificates may have cou-11ons attached thereto in evi-
dence of eal,h or all of the , eve. -al installments thereof, or mav
have coupons for ea' -1,, of the first six Jtnst�allments; which coupons
shall be payable either to L. E. Whitham. -and Company or its assigns,
or to L. E. Whitham. Fr Compn"Y r bearer; and such coupons may be
s---Fned either jitlith the criginai or with the fa(-siml.le signature of
the Mayor and City Clerk.
V.
Full power to make and levy re—assessments in any case and
i
to correct mistakes, errors, nvaliditieo
,L_,
r irregularities; either
assessments G-- cet,tif.leates j.ssued in evidence thereof, is in
accordance with law, vested in the City.
VI.
The fact that the imrrovements herein mentioned are being
delayed pending the effect of this ord.inarCE.�, and that the condi-
tion of said portion of street endangers the public health and
safety, constitul-I-eq and creates an urgent public necessity requir-
ing that the rules providi-nr, that ordinances be read at more than
one meeting and. for more than one time be suspendedo and requiring
that this ordinance b" passed and take effect as an emerr,encv
measure and such rules eare accordingly siqsrendeld, and this 'ordi-
MCI - and shall be in force and
effect immediately from
ordi-
nance is passed as an mergency
and after itsIpassage.
Passed and approved this ..... !;Lt4_.day, of..........._ ............... ..............
A. D. 192.6..... .
She Dhrd.
e
- - .......... 3 ......................
Attest: - Mayo,., City of Wichita Falls, Texas.
(Signed.)2. . Irc B r 0 0 MX ......................
.............. ...........................
City Clerk.
R E 8 0 L U T 1 0 N
WHEREAS, contract in writing between "ity of Wichita Falls,
Texas and L.E. Whitham & Company for the improvement the following
street in said City to wit:
Twelfth Street, f ro rn the ';:'est 'Test Property Line of Ohio
Avenue to the "mast Property Line of Indiana Avenue,
Together with construction bonds and maintenance bonds required there-
by, are this day presented to the Board of Aldermen for adoption
and approval, and,
WHEREAS, the Bid of L.E. Whitham & Company for the making and
construction of the improvements provided for in the said contracts,
has after due advertisement and notice, been made, and upon opening
of the said Bids, said contract was awarded to said Company; and
WHEREAS, it is deemed necessary to set aside and provide
for the payment of all that portion of the cost required in the
said contract to be paid by the City of Winhita Falls;
THEREFORE, be it resolved by the Board of Aldermen of the
City of Wichita Falls, Texar, that there be and is hereby set aside
and appropriated out of the funds available for that purpose, the
sum of # to pay and
defray all that portion of the cost of improving said portion of
said street, tc be paid for by the City of Wichita Falls, Texas:
The said contract and the construction bond and maintenance
bond, be and the same are hereby approved and adopted, and the
Mayor is hereby authorized to execute and sign the said contract,
in the name of the City.
That this resulotion shall take effect from and after its
passage.
Approved and passed this 11th day of --October,---- 1926.._
(Signed) R. E. 13hepherd,
Mayor.
Attest;
(Signed)
City Clerk.
FO -2':;r 11-�rl II
R7E.-1 CIUTION
contracts in �,',miting between L. E. 'tl'rhltham and
Com_)any and the Cita- of -iie1lita Falls, for performing of all
A k of excavation in connection ith the improvement of
Tzaelfth Street, frori the 'gest Property Line of Ohio _,-venue to
tele'East Property Line of Indiana Avenue,
for the prices named therein and upon the terms th-er-in set forth
binding; tl-le City of '.'ichita Falls, �'exas to do and_ ,)erform all ��rork
of excavation upon said street, as is provided. in the contract,
being one contract for said street, are +. lis d -ay D-r°esented to the
Board of ride -_men for adoption and approval, and
,TCL Ftp -,'.S, it is deemed advisable to enter into said contract
u-0011 the terms set forth therein, and_ for the compensation herein
provided,
Ther•ef ore , be it resolved by tlie 3oar�_ o .ldermen of the
Citi of '. ichita Falls r'exas:
I.
That the City of 'richita Falls, Texas do enter into contracts
with L. F. `�hitham and Company binding the Cite to do and perform
all the ork of excavation shovrn in said contract, and on said
street, at and for the prices and for the terms therein stipulated
anal set forth.
II.
That t. -,ie said contract is hereby approved and adopted and
the ;ayor is her°eby authorized and directed to execute and si`n
tlhe said contract in the name oft1 City.
passage.
III.
That this resolution shell tarLe effect from and after its
Passed and approved this 11th day of October, A.D., 1926.
(Signed) R. E. Shepherd.
,? �YOR .
(Signed) ','.F.T:rcBroom,
I TY C:tW__�