Ord 822 9/6/1926low
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 )F
ASSIGNABLE CERTIFICATES, AND DECLARING
AN EMERGENCY.
9Phereas, the Boa,d of Ald-rmen has heretofore by resolution
19th ..d.a, of nota ..................... ........ ...... 19;�...... h,
passed on the -• V -•••--••-��
ordered the improvement of
� e tr,.e
Vest1 ?r00eY't �i. _8 O rl_ic
+ ha ' St, ?10 '7e ^t T _ le 01 wee a tr:e' -' G .
t0 . 1
in the city of Wir,ita Falls, Texas, by raising, grading and fill-
ing same and insta.11.ing concrete curbs a:,-i.d gutters and paving with
one course reinforced concr-te, arad contract for the making and
construction of suc' t�,r.r :vrment was lc,t to L. E. Whitham & Com-
pany and the Engineer fild_ srri_t1, the C ty roll or statement show-
':ing descriptions of the v�a.r. L� us pare} s (-.,,f abutting property, the
amounts t: be assessed r g;1i_n ;t tach pa,r. F-1 of property and showing
other matter: and things; and such old. or : tatement was examined
and approved; and after d. -UD and. proper notice, hearing was held
and had.; and by reso7..ution passed ort the;6t1i........... day of ......5�.��.x..............
292,6 all protests and o ij ec ti ons gado erere overruled and the
said hearing closed; and
WHEREAS, all. oth.e•r matte-r<,,nd things
strelecessary and pre -
the Board of
requisite hereto have been dore and p ,
Aldermen being of the opini-on t}lat tli a"p_)rtionment of the costs
hereinbelow made and set forth is in substantial proportion to the
benefits to the respective parcels of a,butti.ng property in the
enhanced val,,re thereof by means of such -.mprovements, and is in
accordance with the law and pcoceedin&=" of tho City, and that
the amounts hereinb'-10 7 shown and assesse,d. a€ra.inst such parcels
c,,f property do nct in any case Exceed t! berefi_ts to such prop-
erty in the enhanced value t,eo f b r mean of such improvements,
and that the aasesstn�n.ts so ,hc7 _ and rr.ade d not exceed the pro -
and v}1<rg�:a
b1 e to sucl) property under the
portions of costs p
law and charter in fIrce in this City;
THEREFORE BE IT ORD ^s.IN:I L By THE BO:\T D OF ALDERMEN OF
THE CITY OF WICHITA FAILS, TEXAS, THAT:
I.
There shall be and is hereby 1eviod .r.nd assessed against
each parcel of propej�t,T hereinb lor,v } •ont'.c=reed and against the
owners thereof t11e s ams of money b,lc-r rjl,-Ui_oned and itemized
and the total amou.�t set o u +:: til,, description of each parcel
,,r1. �4m_ r_t,ss�-s d against same, together
of property; t} �r�
,•rith the total amo-.-,Mt wr;s�cssed, 'ar.d. t: F t^a,mcs of the owners of
such property so far as as fold w.< ; (ADDENDA: Refer
to Street assessment1.. ''+ ;,_xt ,tta..-d Ind made a part hereof.)
II.
The several suras above me'nti0ned assessed against said
parcels of property trld the owIers thereof, respectively, together
gh
with interest thereon at the =nate Ol .`,llt (8f) per centper annum
together with reasonable atto-.,,,'s lees 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
arid the said lien Wall be and constitute a first enforce-
noti t is levied,
able claim against the property on which assessment
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 motion of L. E. Whitham and Company or its as3igns, 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 have the right to pay any
or all of tie said installments before maturity at any time, by
payment of principal and interest accrued to the date of payment.
III.
The City of Wj Aita Falls stall not be in any manner liable
foi the payment of any suss assessed against any abutting property
or any owner, but the said L. E. Thitham and CoMpany and its as—
signs shall look solely to such owners for payment of the sums
assessed; but the City of WichAa Falls hall 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 sale 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, 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 atteited 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 contain the name of the
oxner of the property an a0curately as possible, shall contain a
description of the property by lct and block number or front feet
thareof, or such other description as may otherwise identify same;
V he descrip—
tionif the property sha-i be ozned by an estate, then t
tion thereof as so owned shall be sufficient, or if the name of
the owner be unknown, than to so state shall be sufficient, and
no error or mistake in describing any yroporty or Ln givinE the
name of ownen shall invalidate or A! any wise impair any certif—
icate Or any assessLent levied by this ordinance.
Form No. 9. Page 3.
Said certificates shall provide substantial!7 that if same
3hall not be paid prolptlY upon maturity, then they shall be col—
leatiblo with pon3anable attorney's fees and ousts of collection
if incurrad, nod shall also provide substantially that the amounts
thorQ7 eviOnced may be paid to the collector of taxes in the
City of Wichita Falls, Texas, who Phall ispue his receipt there
-
Or, which reonApt shall be evidence of such payment upon any de—
�ard for same; and the collootbr of taxes shall deposit the sums so
received by him forthwith with the City Treasurer to be kept and
h9d by him in a separnte f"nd hereby designated as
Pr .41 Street Special Certificate Fund
; and when any amount shall be made to the tax
0,11ector upon such ccificates, he chall upon prescntation to him
of the certificate by the contracKor or othef holder thereof, endorse
caid payment th2reon, and the cortractcr or Volder of such certifi—
cate shall be antitied. to rpeeive from the City Trwasurer the amount
paid, p0 ,p resenting to ^rim such certificate so endorsed and credit—
ed by the holder with tA ancunt paid; and such cnd)rsement and cred-
it shall ba the Tree suror's warrunt for makirg such payment. Pay-
mcnts by the Treasurer shall also be reocipted for by the holder of
such certificates in writing, and by surrender thereof when the prin—
cipal, together with accrued interest and all costs of collection
and reaoonabie attorney's fees, !f lnouc-qd, have been paid in full.
Said certificates shall further roulte substantially that
all proceedings with reference to making suck improvenents have
Mon regularly had in compli"nce with the law, and that all pre—
req6tsites to the fixing of the asse2smnnt lien against the piup—
arty described in such nerVfi3ahus and the personal liability
of the caner have becr rvg,larly done and performed, and such
reoitals shall be prim facie evidence of the facts so recited,
und no further proof thereof shall be rnqufired in any court.
Said certificates may have coupons attached thereto in evi—
dence of eawh or all of thn javeral. installments thereof, or may
VyNe coupons for each of thr first six installments; which coupons
skull be pnyLlly eithar to Z. F. Whithem and Company or its assigns,
or to 1. E. Whithom bnd Cumpvny r boarcr; omd such coupons may be
signed either Oth the arigina. or with the facsimile signature of
the Mayor and City Clerk.
A
pull jcwer to
make and levv
re—asscsoments
in any case and
to correot mistakes,
2rrors, !HnallditM,
rr irregularities;
either
in assessments of wectificates
issued
in evidence
thereof, is in
ancordance with law,
vested in the
City.
A.
The fact that the improvements he' rcin mor ticar ed are being
delayed pending the effect uf this ordinance, and that the condi—
tion of said bortion of street endangers the public health and
safety, constitutes and creates an urgent public necessity requir—
ing that the ruloo providfn7 that ordinances be read at more than
one meeting and for more than one time be suspended, and requiring
that this ordinance be passed and take effect as an emergency
measure, and such rules arc accordingly suspended, and this ordi—
nance is pa reed as an emergoncY measure, and shall be in force and
affect immediately from and after its passage.
Passed and approved this ..Llh .......... day
A. D. 192..6......
Attest: — ....... __ ...... .......... . ..........
Mayor, City of Wichita Falls, Texas.
......... ........
City Clerk.