Loading...
Ord 828 9/20/1926C Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas I the Boa: -d of Aldermen h-�.s here ofore by resolution passed on the _.. - / ,��. a y of ordered the improvement of in the city of Winhita Falls, Texas, by raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for the making and construction of such impr^vements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parc;ls of abutting property, the amounts t3 be assessed against each parcel of property and showing other matter: and things; and such roll or titatEement was examined and approved; and after due and proper notice hearing was held and had; and by resolution Passed on the � tM day of .......,.. .pt • ................ . 1.92,........, all 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 the arportionment 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 vdlUe thereof by means of such imprcver.�ients, and is in accordance with the law and proceedings of the City, and that the amounts hereinbE low shown and assessed against such parcels of property do not in any case exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ;shown and made d:, not exceed the pro- portions of costs properl',;- chargeable to such property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOi+RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, 'TEXAS, THAT: I There shall. be an:9 is hereby levied and assessed against each parcel of property hereinb^lo e nticned and against the owners thereof the sums of money below mentioned and itemized and the total amount set oi'10")) >ite the description of each parcel of property; the several amounts assn::=sed against same, together with the total amount assessed, and tie:, names of the owners of such property so far as kno�m being as follow,_,; (ADDENDA: Refer to Street assessment shed+ next a,tta 1-icd and made a part hereof.) II. The several sums above r_entioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of tight (8g) per cent per annum together with reasonable attorney's fees and cost., of collections, Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas I the Boa: -d of Aldermen h-�.s here ofore by resolution passed on the _.. - / ,��. a y of ordered the improvement of in the city of Winhita Falls, Texas, by raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for the making and construction of such impr^vements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parc;ls of abutting property, the amounts t3 be assessed against each parcel of property and showing other matter: and things; and such roll or titatEement was examined and approved; and after due and proper notice hearing was held and had; and by resolution Passed on the � tM day of .......,.. .pt • ................ . 1.92,........, all 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 the arportionment 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 vdlUe thereof by means of such imprcver.�ients, and is in accordance with the law and proceedings of the City, and that the amounts hereinbE low shown and assessed against such parcels of property do not in any case exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ;shown and made d:, not exceed the pro- portions of costs properl',;- chargeable to such property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOi+RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, 'TEXAS, THAT: I There shall. be an:9 is hereby levied and assessed against each parcel of property hereinb^lo e nticned and against the owners thereof the sums of money below mentioned and itemized and the total amount set oi'10")) >ite the description of each parcel of property; the several amounts assn::=sed against same, together with the total amount assessed, and tie:, names of the owners of such property so far as kno�m being as follow,_,; (ADDENDA: Refer to Street assessment shed+ next a,tta 1-icd and made a part hereof.) II. The several sums above r_entioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of tight (8g) per cent per annum together with reasonable attorney's fees and cost., 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 against the property on which assessment is levied, 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'. In six equal installments (annual), due respectively on or before the date of completion, 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 bear interest from date of such completion and acceptance at the rate provided, pay- able annually with each installment, and provided that if default be made in the payment of any principal or interest when duet then the whole of the assessement upon which default is made shall, at the o! tion of L. E. Whitham, and Company or its as,igns, be and be- come at once due and payable together with reasonable attorney's fees and colts of coillectioni, if incurred, and provided further that the owners of such property shall ,i.ave the right to pay any or all of t,!,Le said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but. the 3aid L. E. Whitham and CoMpany and its as— signs shall look solely to such owners for payment of the sums assessed; but the City of Wich-It'a Falls ,_hall exercise all of its lawful pozers to aid in the enforcement and collection of said Liens and S,L".,Ms &*nd rersonal liabilities; and if default shall be made in the payment of any of said sums, collection therefor shall be enforced either by sale of the property by the tax assessor and collector of the City of Wichita Falls, as near as possible in the manner provided for ale of property for the non—payment of ad— valorem taxes, or at the option of the said L, E. Whitham and Company or its assigns, the payment of said sums and said liens and liabilities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, end to aid- in the enforcement thereof, assignable certificates shall be is,,:,ued by the City of Wichita Falls, Texas upon the completion and acceptance of the work, which. certificates shall be executed by the Mayor in the name of the City and atIteited by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its assigns, and 91,,a11, dc.,clare the said amounts, time and terms of payrient, a!id the! rate of -'rterest, and the date of completion acceptance of the imi�rovement,,i ;hall contaji.i the name of the and accepl I civner of the property acci),rately as ", s possible, shall contain a description of the property by7- lot and block number cr front feet 4 the.­,eof, or such other desc�ri-pticn as ma- oth-erwi.S e Identify same; and if the prup-1-ty sha.,i 11,c- o,,,ncd by an estate, then the descrip— tion tl-�ereof as so o-oined ,,,hall. be suffl..dent, :_,r if the na:-iae of the owner blr._nknownl then to so state shall be sufficient, and no error mistal-e in (­E.Scr-.bing can,jl property or in giving the name of owner-, shall invalidate o,-,- in any wise Impair an,,,r certif— lev.4 icate or any assessment Led by this 11,rd.inance. Form No. 9. Page 3. Said certificates shall 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, 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 ...... . ... . ........ .......... _ 3r 2 F." d .... t............ .. ................... Street Special Certificate Fund _- ................................_...1.....; . . and when an.j amount shall be made to the tax collector upon sucl-, certificates, he -shall upon presentation to him of the certificate by the contracf.,or or other holder thereof, endorse said payment thereon, and the contractor or holder of such certifi- cate shall be entitled to receive from Luh(:, City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed. by the holder with tie aiiiount paid; and such endorsement and cred- it shall by the Trea,:.!urer's warront for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates ill writing, and by surrender thereof when the prin- ipal, togeth-er with accrued int; and all cost rest c s of collection and reasonable atturreyl-. fees, If incurred, have been paid in full. Said certificates shall further recite substantially that 11 proce�-a*ncs with referenc-c.,- to -,akin suc'.i improvements have a g been regularly had !.n with t1ne law, and that all pre- requLsites to the fixing of the assessment lien against the p-cop- erty described in such certlficat,,es and the personal liability of the owner have beer rE-gl:larly done and performed, and such recitals shall be 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 evi- dence of each or all of the ­everal installments thereof, or may have coupons for each of the first six irsta,llment.l;; which coupons shall be payable either to L. E. WhIth!am and Company or Its assigns, or to L. E. Whi - tham and Com-lainy r bearer; and such coupons may be sip.,:ned either with the criginai 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, jnvalil.dities, or irregularities; either in assessments o::- ce.rtificates issued i.n evidence thereof, is in accordance -�,�ith law, vested in the City. VI. The fact that the improvements herein mertic-,ried are being delayed pendia-Ig the effect of this ordinance, and that the condi- tion SE.1id �Uort4 O -n tion _L of street endangers the public health and <lafcty, constitute-, and creates an urgent public necessity requir- ing that the rules, rrovid.Jnf.-, that ordinances be read at more than one meeting and. for m(Ir-O tYian. one time be, suspended, and requiring that thij ordinance b�rasscd and take effect as an emer�ency measure, and such rules are according),7 suspended, and this ordi- r.&nce is pas�;ed as an emergcrcy me�-.tsure, and shall be in force and effect immediately from and after its passage. Passed and approved this %30th_ ... day of......_.. a.pt . .. . ............... ......... .............. A, D. 192 ...... Attest:- i d I Mayo. ..... City of Wichita ............. t a . ......... . City Clerk.