Ord 821 9/6/192611
Form No. 9.
ORDINANCE LEVYING ASSESSUENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
"I STREET IN THE
CITY j 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 ,)IF
ASSIGNABLE CERTIFICATES, AND DECLARING
AN EMERGENCY.
city of Wi(,,, a Falls, Texas, bW raising grading and fill-
in the e s and paving with
ing same and installing cnncrete� curb��,, mutters
one course reinforced corc-cote, and contract for the making and
�
construction of -3uc`) j.nirl.,�ve!rien Was let to L. E. Whitham & Com-
pany and the Engineer f11(-!(1 WJ,11-1 the Cj1jy roll or statement show-
ing descriptions OIL the (.,,f abutting property, the
amounts t1) be assessed of property and showing
tatcment was examined
and 1h!,rfys; anti or other matters 4D
and approved; a-nd of dUO a,YIC3 proner notices hearing was held
t
and had; and by reqc_)lUti_ or -pas,:5t'd on 1 -he .........day of -_SZ�4 ...........
all protests and ob I jecti-o"S ria -d -e were overruled and the
said hearing closed; and
WHEPEAS, all other matter's :,,nd th-Ings, rjeoessary and pre-
requisite hereto have been done o;d p,,r'-C�rmed; and the Board of
t,,Lt t,,Ic arp_,rtiorment of the costs
Aldermen being of the opin-i I
hereinbelow made r,d set fcrth 1-s .!,n substantial proportion to the
benefits to the j*(spc,,ctjve par,;els Of abutting -property in the
enhanced valil.e thereof by �tAc,h 1-.1,provertents, and is in
accordance with the 1of t,,j(,, City, and that
,�,w and n,L,L,,-c,;edn
--.gc
sed against such parcels
s an 3 S
the amounts 1-,.ereinb(:;low sho
of property do riot in. any ,,a,,,e xceed. thw! bell',('flts to such prop-
erty in the enhanced valu" t rreoF by mc'ar,S of such improvements,
and that the assessmc-,nts so c-vvri and ,riade d.; not exceed the pro-
portions of costs 1j] cpurl-,", ullargr.,abl_(--� to Ljucji -property under the
law and charter in f )rce in is is ritY;
THEREFORE BE TT ORDAINT',T) BY THE BOARD OF ALDERIMW OF
THE CITY OF WICHITA FA_J_,LS9 TEXAS, THAT:
I.
There shall be ani is Iiereby jecv..jed. rnd assessed against
each parcel of property lie relin'bc llovv 1:jentloned and, against the
owners there -Of the j),jns Of jjiOj-LcV bellow i'll"IrItioned and itemized
and the total amount s e t 4 t}1 d�,,scription of each parcel
ral amcn-nts against same, together
of property; s-ve f
with the total amO'LLnll a: so�,,sed, :.ijjd t�.,c T:,am(-S of the owners o
such property so fcj,,_ bftin[2- as foll.IvVj; (ADDENDA: Refer
to Street ass OSL411,F I,j and made a part hereof.)
II.
The several suns above mentlLone(II assessod. against said
parcels of proper? -,y and tI Oa err tlioreof, respectively, together
1, 1 1 "D (8%) Per cent per annum
with interest ther-eon a' flrlO TItl� Of e*c-ht
rric,ii"03 �`oes and cosi,:; of collections
together with reaso-nablo ca t t o I &
the B oa,,d
of Aldermen has heretofore by
resolution
Whereas,
passed on the
................ d. ay o f ......... ....... ..... .... . .........
. 192-1L.,
ordered the improvement
Of
e
0 Pent ,, r 0 t
t -) th e
1�0,22_t'll
city of Wi(,,, a Falls, Texas, bW raising grading and fill-
in the e s and paving with
ing same and installing cnncrete� curb��,, mutters
one course reinforced corc-cote, and contract for the making and
�
construction of -3uc`) j.nirl.,�ve!rien Was let to L. E. Whitham & Com-
pany and the Engineer f11(-!(1 WJ,11-1 the Cj1jy roll or statement show-
ing descriptions OIL the (.,,f abutting property, the
amounts t1) be assessed of property and showing
tatcment was examined
and 1h!,rfys; anti or other matters 4D
and approved; a-nd of dUO a,YIC3 proner notices hearing was held
t
and had; and by reqc_)lUti_ or -pas,:5t'd on 1 -he .........day of -_SZ�4 ...........
all protests and ob I jecti-o"S ria -d -e were overruled and the
said hearing closed; and
WHEPEAS, all other matter's :,,nd th-Ings, rjeoessary and pre-
requisite hereto have been done o;d p,,r'-C�rmed; and the Board of
t,,Lt t,,Ic arp_,rtiorment of the costs
Aldermen being of the opin-i I
hereinbelow made r,d set fcrth 1-s .!,n substantial proportion to the
benefits to the j*(spc,,ctjve par,;els Of abutting -property in the
enhanced valil.e thereof by �tAc,h 1-.1,provertents, and is in
accordance with the 1of t,,j(,, City, and that
,�,w and n,L,L,,-c,;edn
--.gc
sed against such parcels
s an 3 S
the amounts 1-,.ereinb(:;low sho
of property do riot in. any ,,a,,,e xceed. thw! bell',('flts to such prop-
erty in the enhanced valu" t rreoF by mc'ar,S of such improvements,
and that the assessmc-,nts so c-vvri and ,riade d.; not exceed the pro-
portions of costs 1j] cpurl-,", ullargr.,abl_(--� to Ljucji -property under the
law and charter in f )rce in is is ritY;
THEREFORE BE TT ORDAINT',T) BY THE BOARD OF ALDERIMW OF
THE CITY OF WICHITA FA_J_,LS9 TEXAS, THAT:
I.
There shall be ani is Iiereby jecv..jed. rnd assessed against
each parcel of property lie relin'bc llovv 1:jentloned and, against the
owners there -Of the j),jns Of jjiOj-LcV bellow i'll"IrItioned and itemized
and the total amount s e t 4 t}1 d�,,scription of each parcel
ral amcn-nts against same, together
of property; s-ve f
with the total amO'LLnll a: so�,,sed, :.ijjd t�.,c T:,am(-S of the owners o
such property so fcj,,_ bftin[2- as foll.IvVj; (ADDENDA: Refer
to Street ass OSL411,F I,j and made a part hereof.)
II.
The several suns above mentlLone(II assessod. against said
parcels of proper? -,y and tI Oa err tlioreof, respectively, together
1, 1 1 "D (8%) Per cent per annum
with interest ther-eon a' flrlO TItl� Of e*c-ht
rric,ii"03 �`oes and cosi,:; of collections
together with reaso-nablo ca t t o I &
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
ther such owners be named herein or
owners of such property,
whe first enforce -
not 1�-Irld the said lien shall be and constitute a firs
I t is levied,
able claim again"A the property on which assessment ,- first and -' superior to
and shall be the paramount lien thereon 1;�
all other liens and claims except state ' county, thereon,
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
*d improvements, and the sums assessed shall bear interest from
sa.L Inst
nd acceptane at thrate provided, pay -
date of such completion and prided that if default
able annually with each installment$ ceov
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 o -tion of L. E. Whitham and Company or its as.-Agns, be an be-
come at once due and payable together with reasonable attorney's
fees and costs of collection, if incurred, and -provided further
that the owners of such property shall cave the right to pay any
or all of t}.e said installments before maturity at any time, by
jayment of principal and !interest accrued to the date of payment.
III.
The City of W-Jt�hita Falls shall. not be in any manner liable
for the payment of any suris assessed against any abutting property
or any owner, but tl-!.r-% said L. E. Whitham and CoMpa"Y and its as—
signs shall look solely to such owners for payment of the sums
assessed; but the City of Wich-Sta FallS, --hall exercise all of its
� V
lawful POWers to aid in the enfo],cerLient and collection of said
- --'.
liens and. si-mis and 1j,--,rsonaj. jiabilitie.;, and fdefault shall be
made in the payment of any of said sums, collection tilerefor shall
be enforced either by sale of the. property by the tax assessor and
collectoj' of the City of Wichita Falls, as near as possible in the
manner provL
Idecl for ,ale of propel-ty for the non—payment of ad—
valorem taxes, or at the option of the said L. E. Whitham and
fn -,aid liens
Company or its assigns, the pay eylt of said, sums and
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 end terms- of paymont, and to aid in the enforcement
theroof, assignable, certificates sl.iall be iss-ucd by the City cf
Vchita Falls, Texan upon the c ouq)l(�tjj-on and acceptance of the
which certificates shall be executed by the Mayor in the
work, with the corpor-
ation seal, and shall be payablc�
its assigns, and sI�all. (jeclare the Said amc,unts, time and terms
of -payment, arta he rate oF ard the date of completion
-L en � -itair, the name of the
-rice of the t, contact - - shall contain a
,-).,nd accepta t�31,r E�,S nossibl�-.-, o
C Wile r of tj,Eprop,,..rty as accurai j k e c or front feet
-o c y by lc,t and 'block numb
1--,-i0j,j of tj,�e pj-o ,rt'Y'
d '! ser. -,
0
thereof, or such �Auh,lr e S +i � n as nu,
t1l e rwi S identify sane;
and if the si-la—i bc, o;,n,(,d b, y an e. state, then the d e s c rip —
t'-ereof zas S,-) OWned. shall. be su.fri,�,Ient, ur if the name of
tion sufficient, and
-U.nkn�wn, then to SO state shall
nc, mist,-j*1Kc In ,esuriljing any ,,rcr,:ctY Or In giv-Lng the
s1iall i.nv�a]-J.date�, OY' In any Wlse any cert'-f—
nalEl of oz,,ner,
icate oi.- any assess Tent lovied by this rdinance,.
Form No. 9. Page 3.
Said certificates shall provide oubstantially that if same
shall not bo paid protptly upon maturity, than they shall be col-
lectibla with reasonable attorney's fees and ousts of collection
if incurred, aad shall also provide substantially that tKe amounts
thereby evil-noed may be paid to tho colinctnr of taxes in the
City of Wichita Palls, Texas, who shall issue his receipt there-
vr, which receipt shall be evidence of such payment upon any de -
wand for same; and the collector of taxos shall deposit the sums so
rLcelved by him Corthwith with the City Treasurer to be kept and
hrld by him in a separAe fund hereby designated as
................ laa ... .... ........ ...... . ..................... . ,, Street Special Certificute Fund
............._...1............._....-..,.,.; and when any amount shall be made to the tax
Y""Iector upon such cortificatos, he :at uper presentation o him
af the cortifl,ate by the contractor or other holder thereof, endorse
waLd pavment thorpon, and the contractor or holder of such certifi-
uate shall bo ontitled to receive from thn City Treasuror the amount
paid, upon proarntTng to him surh curtificate so endorsed and credit-
wa by the holdor with tie arvart pRio; and such end)rsement and cred-
A shall bo tho TrearurcrIs wai7ent for makirg such payment, Pay-
mcots by the Treastir or rhxll riso bo reoOpted for by the holder of
ruch certificatab in writing, and by Eui,ender thereof when the prin-
Qlpai, tognthnr with acerucd tntvrcst and all costs of collection
and reasonable at y' foes, i.ave boen paid in fUll.
Said certiffeatca shall furtber rEuitc subsOntially that
ull prowacnings Ath rPfcnvnnr tn making such improvements have
b -an regalarly Qad 'n coTpli.nae with the law, and that all pre-
rrq.V!tos to the fixing of the nssonsmert lion against the prop -
arty dusaribed Ln such ocrVficaben and the personal liability
of the oor ha beor regAnrly done aLd perforned, and such
recitals shall be prinu facie evidence of the facts so recited,
and nu further proof thereof shall be raquired in aay court.
Said certificates may have coupons attached thereto in evi-
dence of eauh or all of the eve r. installments thereof, or may
have coupons for each A the first six Anstallmentv; which coupons
shall be payAlc either to L, E. Whitham and Company or its assigns,
or to L, E, 'dl 1. and Com: ;r. . r bearer; and such 2oupons may be
signed either with th3 crigina. or with the fausimile signature of
the Mayor and City Clerk,
V.
Full power to make and levy re-asscssments in any case and
to correct mistakes, orror2, AnrailditieL, or irregularities; either
in assessmonts or ce0ificates issued in evidence thereof, is in
accordance uith law, vested in the City.
V1.
The fait that the improvements herein mentioned are being
dplayod pendiig the effect of this or di and that the condi-
tion of said pertion of street erdangers the public health and
safety, constituIcs ard croates an urgent public necessity requir-
ing that the rules prov2diny that ordinanocs be read at more than
one meetinE and for mnre than one time be suspended, and requiring
that this nrdint. ace be rassed and take effect as an emergency
measure, and such ruirs = accordingly suspordad, and this ordi-
uance is passed as an emergencF measure, and shall be in force and
effect immediately from and after its passage.
Passed and approved this • ,Qjh,,dRy of_
............. ........
A. D. 192_.0..
Attest:- Jai Eng4j, . ...................... . ........ _
Bignod) A A KcBroan- Mayor, City of Wichita Falls, Texas.
................ .. _ ................................ ............................
City Clerk.