Loading...
Ord 824 9/20/1926Form 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 CF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boazd,of Aldermen has heretofore by resolution passed on the .......moi*- -da,Y of ..._...................%�'..`._........-19.• ordered the improvement of L��J�...�J. (✓ l �.. V.r St r J1„ 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 improvements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parcels 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 notice, hearing was held and had; and by reso7ut7 on passed on the __?Q.' .day of .....y 'k.! .......... 192 .... ,..., all protests and objection: made were overruled and the said hearing closed; and WHEREAS, all. other matters and things necessary and pre- requisite hereto have br-:en dons: and performed; and the Board of Aldermen being of the opinion that the a-portionment 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 va.lUe thereof by rrre u.. -s of such improverlents, and is in accordance with the law and p,oceedings, of the City, and that the amounts hereinb:51ow ,,hown and c.ssessed. against such parcels of property do rj:)t in any case (:xceFd th(-. benefits to such prop- erty in the enhanced valu t h e re o f by ::leans of such improvements, and that the assessr.,lants so lhow�L and made d..) not exceed the pro- portions of costs propC;rl-" cl arp;eable to such property under the law and charter in farce in this City; THEREFORE BE IT ORDATNED BY THE BOARID 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. hereinb,low 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 amounts assr,<ssed against same, together with the total amount a3sessed, and t',ie names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment shoot next attached and made a part hereof.) II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8%) per cent per annum together with reaso,rable a,ttorney'r fee., 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 due, then the whole of the assessement upon which default is made shall, at the ovation of L. E. Whitham and Company or its assigns, be and be- come at once due and payable together with reasonable attorney's fees and coats of collection, if incurred, and provided further that the owners of such property shall nave the right to pay any or all of to said .installments before maturity at any time, by payment of principal and interest accrued to the date of payment. IIx. The City of Wichita Falls shall not be in any manner liable fox the payment of any sums assessed against any abutting property or any owner, but the said 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 Wichita Falls Uhall 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, 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 tale 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 saidsums and raid liens and liabilities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several rums assessed against said parcels of abutting property and the 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 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 atteoted by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and 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 and acceptance of the improvements, shall contai.r the name of the caner of the property as accurately as possible, shall contain a description of the property by lot and block number cr front feet thereof) or such othEr description as may otherwise identify same; and if the property sha 1. be owned by an estate, then the desorip- tion thereof as so owned shal..l be sufficient, or if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in nescr:i.bing any property or in giving the name of owner, shall invalidate or in any wise impair any certif- icate or any assessLent levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall riot be paid prortiptly 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- r.,iand 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 ............ . ...... _ ......... — ...... . ....... A� laa.,Y, _ —',- -.1 a L. .......................... .__ Street Special Certificate Fund No....................I..........................; and, when any amount shall be made to the tax collector upon such certificates, he shall upor presentation to him of the certificate by the contractor or other holder thereof, endorse said, payment thereon, and. the cor.tractor or holder of such certifi- cate shall be entitled to receive from tht.: ' o City Treasurer the amount paid, upon presenting to him such oertificate so endorsed and credit- ed by the hcl&r vuith the ai,,iount paid; and such endorsement and cred- it shall be the Treo,surprls warrc+,nt for rriaking such payment. Pay- ments by the Treasurer shall r,tlso be reccipted for by the holder of such certificates in viv`tirF, and by surrender thereof when the prin- cipal, together with accrued !.ntF.-,rest and all costs of collection and reasonable attorney's fees, If incurred, have been paid in full. Said certificates ;Miall further recite substantially that a -I proceedings with reference to rraking suc:, improvenents have , J - been regularly had -,,n co,,T wAth the law, and that all pre- ci rea-IsItes to the fixing of the r.i,sse,,oment lien against the pl-op- 4 erty described in such cert c:-,trid the personal liability of the owner have been regi:larly done a,,id performed, and such recitals shall be pries 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 instailments thereof, or may have coupons for each of the first six J 'nqt,@,J.ImentEi; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L. E. Whiitham tind Comp,,iny - r bearer; and such coul,"ons may be signed either ,,iith the o-lrigina.. or ,,,n,th the facsimile signature of the Mayor and City Clerk. V. Full power to make and levv re -assessments in any case and to correct mistakes, errors, Ari ,:- val.iditie>, or irregularities; either ir, assessments o-- ce,tificatoes issued in evidence triereof, is in ancordance tivith law, vested in the City. Vi. The fact that the improvements herein mentioned are being delayed pendinLg the effect of this ordinance, and that the condi- tion of se,idportior� of street endangers the, -public health and ,,;afety, constltule; and creates an urgent public necessity requir- ing that the rulc-2 _Irnvid-'I,r,.:,- that ordinanc(-..,s be read at more than one meeting arnc for more than one time, be suspended. and requiring f that this ordinailce be -passed and take effect as ail emerFency measure, and siact, riiltes suspended., and this ordi- and shall be in forco and nance is pa,,:,,, -):ed as an emergenc'Y effect immediately -17rom and after its passage. Passed and approved. V. -Lis ..... t'3�'IA,_.day of............�a'_0 :�....................................... A. D. 192.1;...... Attest:- " 1 �7r,. il . 3,-Z- ledl) '44'. .]. ..... . ....... . .......................... City Clerk. ................. ................. ... . ............................. Mayo,., City of Wichita Falls, Texas.