Ord 823 9/6/1926b
0 9 %1 3 . 6�
Form N .
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION
RT G 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, the Board of Aldermen has heretofore by resolution
y of
_� �, 1
passed on the, .._ . .". ............da• _._........19�........-,
ordered the improvement of
Bride qtr .e-.Zt tale Centar
Street•
in the city of Wiohita Falls, Texas, b;f raising, grading and fill-
ing same and installing concrete curbs and Cutters and paving with
one course reinforced concrete, and contr•ar,t for the making and
construction of ,3uc}_ I rr-vement,7 wa.> let to L. E. Whitham do Com-
pany and the Engineer Bile, with the City roll or statement show-
ing descriptions of the v` i~ 01.a.s parct,ls of abutting property, the
,t each ,�trc el of property and showing
amounts to be rtssesced
other matters and h .n , ars, s ach r o 1..1 or .tatement was examined
and approved; and after and. proper notice, hearing was held
and had; and by resolution passed on '-,'r_e ..6th......41ay of .....e; :..................
192..-.L.. all protests andobj ect.i_ons made were overruled and the
said hearing closed; and
WHEREAS, all. oth�e
e� matters rmd things necessary and pre-
requisite hereto have b�-�en done a.r�d pe rforrned; and the Board of
.pini cry t 1 t.t t' ��rprtionment of the costs
Aldermen being of the ,
hereinbelow made and set f,'_Iri;?i is -ri substantial proportion to the
benefits to the respective parce.s of abutting property in the
enhanced val��c thereof by ute ,r,s {,l' such improvements, and is in
accordance with the 1a�Fr and p; occ:edtn,s of tl,Le City, and that
the amounts hereinb-low shOlr,rt and. --_.s ac sscd against such parcels
of property do n.)t in -any case 1 ,o d th{ b: rte f' .ts to such prop-
erty in the enhanced va.l.0 th,reo%' by means of such improvements,
and that the assessm�)r-Its so • hcwr i_ and rta6?.e d,: not exceed the pro-
portions of coats p, opt:rly c _arGable to such property under the
law and charter in f,)rce in this City;
THEREFORE BE IT ORDAIN 71,T) B`' THE BOAT -,D OF ALDERMEN OF
THE CITY OF WICHITA FA -,-.LS, TEXAS. THAT:
I.
There shall be an}l is l:creYyy � cvinll, and assessed
against the
each parcel of propel t;' he, einbel oto
owners thereof the sums of money belowtrenti.oned and itemized
and the total amount set c �,; ' . tli, description of each parcel
of property; t�1 rc:vc;ral _.molants ass N ed against same, together
,rith the total amount ��c sensed :.nci t;'� names of the owners of
b
such property so f�.' a�; kr �-rn � ir-�n��s (ADDENDA: Refer
follcvu=:;
to Street ass eessnicnt sheet c:xt att,achcd a,nd made a part hereof.)
II.
The several suns above r^.entl'cned. assessed against said
parcels of property and. tTl,�? Ow`lers thereof, respectively, together
with interest thereon at th-- 7 -ate of - �-'n.t (8f) er cent per annum
together with reaso:�ablr! attor'11-Y'33 fees and costa 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 areal me are assess
ed and a personal liability and charge against the and true
owners of such property, whether such owners be named herein or
not, ttnd the said lien shall be and constitute a first enforce-
able claim against the property on which assessment is levied,
and sho.11 be the first and paramount lien thereon,superior to
t , county,
all other liens and claims excep
essed shallstatebe payable asnd follomupal
taxes, and the sums so assspat
to-wit'.
Tn six equal installm!-Jnts (annual), due respectively on or
L and five
before the date of completion, one, two, three, four I the City Of
years after the date of completion and acceptance by assessed shall bear interest from
said improvements, and the sums a
L and acceptance date of such completion at the rate provided, pay-
able annually with each installment,provided that if default
interest when due then
be made in the payment of any principal Or shall, at
the whole of the assessement upon which default is made s
ham and Company or its; asAgns. be and be -
the ol,,tion of L. E. Whit
come at once due and payable together with reasonable attorney's
feesarid costs of collection, if incurred, and provided further
.
that the owners of such property shall �iave the right to pay any
or all of tie said installments befure maturity at any time, by
1,ayment of principal and interest accrued to tile date of payment.
III.
The City of Wj, uhita Falls shall not be in any manner liable
for the payment Of any sums assessed against any abutting property
or any uwner, 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 Cl.ty of Wichita Falls :,hall exercise all of its
to al i -
lawful powers _(3. in the enforcement and coll(Icti0n of said
1; ens and sl;ms Lzrnd personal liabilities- and if default shall be
made in the payment of any of said sums: collection therefor shall
-y neTarhas
be cr.furced elther b,�,, sale ofhepeu tpossaible in the
collectorof the City ofiitFallss
; � I
manner provide1�, for ale of property for the non-payment of ad
valorem taxes, or !vt the option of the said L. E. Whitham and
C,,-,,,mpany or its a,,:.ts,..gns, the �,,)ayiriellt of said s,.Ims an.d said liens
and liabilities shall be enforced in any court having jurisdiction.
IV.
For the purpose of evidenc-ing the several sums assessed
agajr,st said I parcels of abutting property and the owners thereof,
J_ - U
and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates shall be issued. by the City cif
Wichita Falls Texas upon the coripi(ition and. acceptance of the
work, %,hich certificates shall be executed by the Mayor in the
name of the City and attej'ued '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 _jjterest, and the date of completion
and acceptance of the improvement,-�, shall. contain the name of the
cwner of the property as accur,-atel-Y ",s possible, =hall contain a
dascr-I.ption of t'.e property by lot and block numbe.r (,;r front feet
thereof, or such ether descriptir' n ,,
as ma. otherwise identify sai,
and if the prcpert,y sha,i be ov,ncd by an estate, then the descrip-
1 be stiffi(,` I " r if the name of
tion tilereof as so owned shal .1.ent
the owner be ,:.nknomn, then to sc state shall be sufficient, and-
--,roplclrty or �Ln giving the
no error ol, mistake in ,_escribing any e 2T1;' certif-
in any wise n&_,nc cf 0-u;j1ef,, shall invalidatc
icate oro any assessjt.ejjt levied by this ordinance.
Form No. 9. Page 3.
Said certificates shall provide substantially that if same
shall not be paid promptly upon maturity, then they shall be ool-
jectible with reasonable attorney's fees nd costs of t ctheolleamounts
ction
if incurred, and shall also provide substaantially th,,a
collector of taxes in the
thereby evidenced may be pa -id to the
City of Wichita Falls, Texas, who shall issue his receipt there-
for which receipt shall be evidence of such payment upon any de-
g ollector of taxes shall deposit the sums SO
mand for same; and the c with the City Treasurer to be kept and
received by him forthwith
held by him in a separate fund hereby designated as ........................ ........
Brid!ze ...... . I ..................... Street Special Certificate Fund
.... . he tax
io"•
*-...*.* ......................... .. ,-; and when any amount shall be made to t
collector upon such certificates$ he shall 1jp0r presentation to him
of the certificate by the contract -or or othe.- holder thereof, endorse
said payment thereon, and the, contractor or holder of such entitled to receive f,-om the City Treasurer the amount
cite shall be en
paid, upon presentint.:r. to him such certificate so endorsed and credit -
end) -e d -
with the airlOunt paid; - and su-1h rsement and ci
ed by the holder
it shall be ti -.e Treasurer's warrant for making such payment. Pay-
ments by the Treasurer shall also be urccerripted for by the holder of
such certificates, in irr!.
4rtj_rg,, and by vender thereof when the prin-
witli accrued inand all costs of collection
c1pal, too ether
and reasonable att,,)rr�,-,y'9 fees, 1,f idncurr,C.- * s have, been paid in full.
Said certificatE,-s shall further reCite substantially that
all proceeui_ngs wj.th reference to making suc'" improvements have
been regularly had in ccnpliL,,nce with the law, and that all pre
C) sment lien against the pi-op-
recliJ.-sites to the fixi=ng of the asse',
erty described 1,1 such certificates and the personal liability
reg, larly done axd -erforrqed and such
iner have been r , 11 0
of the ov .. facie evidence of tile facts so recited,
recitals shall be prinia
and no further proof thereof shall be rrsquired- in any court.
Said certificates may have coupons attached t I hereto in evi-
-al installments t�,ereof or may
dence of ea(_'�h or all of the seve� I
have coupons for each of the first sjiX i,rstallments; which coupons
shall be payable either to L. E. Whitham and Company or its assigns,
1-1 r; and such courons may be
or to L. E. Whitham and Coirp-11-Y1Y ,,r bearer;
or inith the facsimile signature of
signed either with the originai
the Mayor and City Clerk.
V.
Full Lower to make and lev-,, re -assessments in any case and
to correct mistakes, errors, invaltie...9 or irregularities; either
i qereof, is in
in assessments 0.- cej�tificates _ssued in evidence
accordance �°jith law, vested in the City.
Vi.
The fact that the improvements herein mert! oned are being
delayed pending the effect of this ordinance, and that the condi-
the public health and
tion of st•.jd portion of street endangers ,
urgent public necessity requir-
safety, constit-alle", arri creates an urge es be read at more than
ing that the. rules providi-ri- 7 that ordinanc requiring
one meeting and for more than one time be suspended, and re
that thl�l ordinance be nassed and take effect as an emenl,ency
measure, and, such rules accordingly;
re accordingl�s11--s1)e,,-n,1_c-d_, and this ordi-
yi&nce is passed as an emergerl-Y measure, a,Tid shall be in force and
effect immediately from and after its passage.
d this ....... �:ft 3er-)'Ue-,qber .........
Passed. and approve. ..... day 0 f ...... ............... . ..................... .......
A. D.
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Attest:- Mayol-, City Of Wichita Falls, Texas.
'LOB r) O'n .. ..................
... ............ -
City Clerk.