Loading...
Ord 835 10/25/1926r Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF ELEVENTIH STREET IN THE CITY OF WICHITA FAL''S, 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 CERTIFICATES, IJMCKKZZXXM . Whereas, the Boa_vd of Aldermen has heretofore by resolution passed on the 21st.............day of June .............. .._............................ _1, 26_ , ordered the improvement of Eleventh Street, frOrl" tale :est =y' pi)0i til Dine of Ohio t 0 file , ,St -I roper-tlr line of Indiana .venue , in the city of Wichita Falls, Texas, b';T raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for L. Ethe making & and construction of )uch imprcverrents was let Com- pany and the Engineer filed with th.e City roll or statement show- ing descriptions of the va,rious pare^1s of abutting property, the amounts to be assessed aga,inat Each -parcel of property and showing other matters acid th,ngs; and such r -call or ,tatement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the . ji.th... day of Qe.=e-:----------- 192..6_., .....,........1926.„.,, all protests and obj ecti.or s made were overruled and the said hearing closed; and WHEREAS, all. other matters and things necessary and pre- requisite hereto have b`en dons= and performed; and the Board of Aldermen being of the opinion that tie apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced volae thereof by means of such _improvements, and is in accordance with the law and proceedings of the City, and that the amounts hereinbelow shown and .ssessed against slaoh parcels of property do not in any case r°xceed the benefits to such prop- erty in the enhanced val.ue thereof bar means of such improvements, and that the assessments so .shown and rade d.� not exceed the pro - chargeable portions of costs p.� t pr c aargaable to ;such property under the law and charter in force in this City; THEREFORE BE IT ORDATNED BY THE BOAT11) OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an,1 is hereby levied. and assessed against each parcel of propert�;� hereinbelo.xr rnent;_oned and against the owners thereof the rums of money below mentioned and itemized and the total a -mount set-csit- the d^scription of each parcel of property; tire; sCveral amounts assessed against same, together with the total amount a3sessed, and tie names of the owners of such property so far as known b,'.*ng as followa; (ADDENDA: Refer to Street assessment sheet next attac+?red and made a p6.rt hereof. II. The several sums above mentioned assessed against said parcels of property and the owners th,3reof, respectively, together with interest thereon at the rate of ;'ght (8J) per cent per annum together with reaso:nable attor..i-iey's fees and costs of collections, Form #9 Page 2. if incurred are hereby declared to be and made a lien upon the respective parcels of property against which the same are assess— ed and a personal liability and charge against the real and true owners of such property, whether such owners be named herein or not and the said lien shall be and constitute a first enforce— able claim again.' -t the property on whAch assessment is levied, t and shall be the first and paramount lien thereon, ouperior 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 (annual), due respectively on or before the date of completiolit one, t"Vol three, four, and five years after the date of completion and accceptance by the City Of said improvements, and the sums asse3sed shall bear interest from date of such completion and acceptance at the rate provided, pay— able annually with each installments and provided That if default be made in the -payment of any principal or interest when clue, then the whole of the assessement upon which default is made shall, at Whitham and Company or it-, as!igns, be and be— the o1 tion of L. E. come at once due and payable together with reasonable attorney'S fees and co;:-ts of coliectionj if incurred, and provided further that the owners of such property shall ii.ave the right to pay any or all of tiie said installments befure maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of W1 r1hita Falls shall not be in any manner liable fol the payment of any surms assessed against any abutting property or any owner, but the 3aid L. E. Whithani and CoMpany and its as— signs shall look solely to such owners for payment of the sums assessed; but the C�.ty of Wichita Falls -hall exercise all of its lawful po'v"'ers to said in the enforcement . and collection of said fens and s,.­.j,4,js and persona.. liabilities; and if default -efor shall shall be made in the paym(-,'f't of any of said sums, collection the.' be c=.jjforoed eLther by So -.le f the property by the tax assessin the or and collect:01- Of the City of Wicohita Falls, as near as possible manner provided for ale of property for the non—payment of ad— valorcm taxes, or in the option f the said L. E. Whitham and Company er its assigns, the payment oil said. sums and ,Jaid liens and liabilitie s shall 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, 11 and the time and terms of payment, and to aid in the enforcei,ient thereof, assignable certificates ficates sliall be is'-ued by the City (,,f I �­ Wichita Falls Texas upon the. conjple,�tion and accertance of the , ' I Falls, shall be, executed by the Ma','ror in the work, which certificates corpor- ation name of the City and attested by the city Clerk with the c or ­ be - Whi.tham and Company as- ation seal, and. shall payable to L. E. its assigns, and shall cieclare the said airountS, time and tetion rms of payment, and the rate o�nterest, and, the drate of comp and f, and acceptance of the imprcvement�=,9 'hall contajT- the name of the uener of the property as a,�ctjrately as possible, ohall contain a diescri.ption of the property by lot and block number"ur front feet ,iption as may otherwise -'-dentify sa!"el thereof, or' such other -d by an 'j estate, then the descrip- tion shi and i ' f the pro a.Li be c,�nct, �,r if the nat,,,e of tion thereof as so ow-ned shall be suf CioiellI the owner be unknown, then to so state shall be sufficient, and - rivinr, the 4 E., scribing; r i b J.. n g, any -p ro p C .1 - t Y 0) r � n C�' 4:. no error Or mistake _:_n -f name of owner, shall ijjvali�late or in any wise impair an'.7 Oe-t-if— iCate or any assessr;ent levied by this Ordinance. Form No. 9. Page 3. I Said certificates shall provide substantially that ifsame shall not be -paid prolraptly upon maturity, than they shall be col- iectible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid 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 in a separate fund hereby designated as .................................... Eleventh ' ................ I-- Street Special Certificate Fund No..-.".".*-,;,L**'.'**.'.'.-,-.".,.,.,.-..-,.'..*.,,;and when any -,.moi)nt shall be made to the tax collector upon such certificates, he shall upon presentation to him of the certificate by the contrac 1 -,or or other, holder thereof, endorse said payment thereon, and the contractor or bolder 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 tl,e aniount paid.; and such endorsement and cred- it shall be th(:�: Treasurer's warrant for making such payment. Pay- ments by the Treasurer shall v.1so be receipted for by the holder of such certificates in writing, and by surrender thereof when the prin- cipal, togethcr w! ' th. accrued interest and all. costs of collection and reasonable:atturrey's fees, ',f incl.-Arred, have, been paid in full. Said certificates shall further recite substantially that uings with refei­­ all prc,)cef--nce to Traking sucll improver.r.ents have � i -0. been regularly had In co, pliance with t'ne law, and that all pre- requILsites to th.e fixing of the asses3ment en against the pi-op- I-J7_i en described in such cert,lficatuus and the personal liability of the owner have be( -!n regi.larly done and performed, and such recitals shall be prir.,ia facie ev'Ldenco of the facts so recited, arLd no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of ea,;h or all of the : eve,,al installments thereof, or may have coupons f 'or each of the first six installment.:,; which coupons shall be payiblc either to L. E. Whithom and Company or its assigns, or to L. E. Whitham and Comp -.,n -.\ ;r bearer; and such coupons may be signed either with the original or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invallditio,_., or irregularities; either in assessments c.:- certificates issued. in evidence thereof, is in accordance with law, vested in the City. VI. The fact that the improvements herein mertioned are being delayed per die the effect of th-j',--- ordinance, and that the condi- tion of said. portion of street endangers the, public health and safety, consti.tute:,,, arr, crcatF-,s an urF.ent public necessity requir- ing that the rule- s 1:-,rovldini­ that ordinances be read at more than cne meeting and for more than one time be suspended, and requiring that thi.ordinance be T,,assed and take effect as an emer7ency measure, and such rules a,rp a(�,cordirglv suspended., and this ordi- nance is paz­cd as, an emeje�gPlIC),7 me,%sure, and shall be. in force and effect immediately from and after its passage. Passed and approved this .... �lt4_-.dav of......_ qc b e r . . ................................... A. D. 192.6 ..... . Attest:- .......... . ....... . ......... . Mayor, City of Wichita Falls, Texas. .. .......... ............................ __.­ ....................... ......... City Clerk.