Ord 820 9/6/1926Form No. 9. � A -6- g
ORDINANCE LEVYING ASSESSUIENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
P J " -i CX l —, 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
ASSIGNABLE CERT FICATI;S, AND Dz+;CLARTNG
AN EMERGENCY.
Whereas, the Boa;d
of Aldermen has heretofore
by resolution
passed on the...y.t.....--........-----.day
of ......... ..i' .............. ..........._...
ordered the improvement
of
n%.e Jn-p� -e:i orti. �__. oi`
t5u11
, ;Mt.Dr, 8 t r e
T,i.ne o ' S tn� et :Drive to '111-0
: -3st P�, ^ert='T L .:� of
'Dol'-- 3+1.
in the city of Wir.hita Falls, Texas, b,' raising, grading and fill-
ing same and installing; concrete curbs and ;;utters and paving with
one course reinforced concrete, and contract for the making and
construction of .:,uch imprc,ve-rrients ti a. i let to L. E. Whitham & Com-
pany and the Engineer filed with the City roll or statement show-
ing descriptions of the various ;.arccls cllf abutting property, the
amounts to be assessed a ain.5t each parcel of property and showing
other matter:; and ?;hi.ngs; a,nd. such roll or ,,tatement was examined
and approved; and of ter rain and proper notice, hearing was held
and had.; and by resolu.t-1 on passed on the 5 uh.....day of ..... iep,kA... ...... _.....
1.92..x..., all protests and. objections made were overruled and the
said hearing closed; and
WHEREAS, all. other matt =; i -s a,nd tYil-np's necessary and pre-
requisite hereto have b.r'en don,- ai-.id pe-rfc�rmcd; and the Board of
Aldermen being of the c�piir�_o, th,cjt i.,,'.t. p.;rtionment of the costs
hereinbelow made cs.nd set f:.irth is Ln substantial proportion to the
benefits to the respective, parcels of abt,?.tting property in the
enhanced vul:,.e. thereof by tneu,r s of : uc'i m-p.r--over.;ents, and is in
accordance with the 1.,^,w and yo, cceedint ti of tide City, and that
the amounts le!- =,inbf.lc;, l ob r and �„s=.ess _gid a, ainst such parcels
if property do n.:t in any -ase x r,nd t r-1. benefits to such prop-
erty in the enhanced valu�� t',ereoi b7 inPe..ars, of such improvements,
and that the assessrriunts so ihow-,11 and. made d. not exceed the pro-
portions of costs p! C,perly c.,,a.r-oa.ble to such property under the
law and charter in firce in t'rris City;
THEREFORE BE IT ORDA:[NI D BY THI+I B0=`'RD 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 hereinbelow rn:ntiened and against the
owners thereof the sums of money belo-ame.ntioned and itemized
and the total amount set orlpositr� the description of each parcel
of property; the several amoi..ints ass�3snd as,.ainst same, together
-lith the total amo,,nt aosessed, and t,:; names of the owners of
such property so far as kn,�jrm bi i.nm as follcw�� - (ADDENDA; Refer
to Street assessment sheet i.ext attached and made a part hereof.)
II.
The several suns above men.t o -ed assessed against said
parcels of property and tha ow,-Iers thrl:reof, respectively, together
with interest thereon at th..� r&..tc. of ,i,7,ht (8J) per cent per annum
together with reasonabl: attor,-cy's fetal and costs of collections,
Form #9 Page 2.
if incurred, are hereby declared to be and made a lien upon the
respeotive 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 asse.3sed 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 o�ticn 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 costs of collection, if incurred., and provided further
that the owners of such property shall 11ave 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.
III.
The City of Wichita Falls shall not be in any manner liable
for the payment of --,,Lny sums assessed against any abutting property
or any owner, but the Laid L. E. Whitham and CoMpany and its as-
signs shall look solely to such owners for payment of the sums
assessed; but the Cji.ty of Wichita Falls _hall exercise all of its
4 n
lawful powers to aid in enforcement and collection of said
liens and si.,Ims and personal- -liabilities; and if default shall be
made in the payment of any of said sums, collection therefor shall
be enforced either b ' - ' r 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 �z;aid 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 CE- t 4 _,fiCates S!",all be is�;ued by the City of
W-Ichita Falls, Texas Lip on the completion and acceptance of the
work, �,;hic'n certificates shall be executed by the Mayor in the
name of the Cit -;7 and, F_ -, tteoteizl by the City Clerk with the corpor-
ation seal, and shall be payable, to L. E. Whitham and Company or
its assigns, and slilall declar, the said amounts, time and terms
of payment, the rat-, of intorpsts and the date of completion
and accepta-rice of the Jm-pr,)vemc.-nt,3 h ,.all
contain the name of the
L
caner of th(i Prc)p(-'rty as aociirL-A e 177 pnssibl, shall contain a
d�-scr'tion of the pro-ce rty by 1. ,Lt and block number- or front feet
'vI
th�,i,.Of, or S,Uch as ma.,,- otherwise identify same;
and if the
.pr,p,crty sh.a.,1 be o,;,ncd by an estate, then the descrip-
tion thereof as so owned shall be sufficient,
,r if the name of
the owiner be ,.,,nknc)wn, ther, to so state shall. be sufficient, and
no error or mistake in i escribltng an"j- property or 'I ' n giving, the
_�dat�, or �1.n any wise i.na
name of ozner, shall_ inval 'Y pair any certif-
icate or any assessii.,ent, levie-al by, this ordinance.
Form No. 9, Page 3.
Said cnrtificates pry vide that if same
p -p-
t b � �_ �)J, d -'0 1,1Y 'rPo"', mat 1-11 ty t'_),1 E. t1h. e7T -
shall be col-
t i b n i,- b 1. o a t tn, r.ri e y ((.;sts' of I,,ollection
if �s, o -Q r o V i
J_
b t _'L a� 17 amounts
o 1. d ed -Q a i� d to In(,
1.7 1 � 4 1 D� t (, r in the
I. CAI, __ "n, 2, o re-ceipt there --
-c, t�' + be r�vidlqrtr,e p—n e�it -,zpor
rl 1 11, . � - any de-
Elj-jr t 4 t
the sums so
I�'J, i. v d b -.,r h, i i-,, f'o r t h,,,Lt 1 -i. w I t 1,
t "T T1 s �c e r t- be kept and
"o b N him l s,,, �-,e,iar� to f!A'd
t s"
S t r,.n: e pecial tic Clertificate Fund
.............. .... ......... ...... t 1, r G-' Tr r� &r[, mc1ant slall b� made, to the tax
C'* p p c, n t n, + i o t o hi m
J :7 ]_ C,
contrac�tior or other 1 -,older thereof, endorse
j-
ri
!07 -der cf �-�,ich certifi-
-c a _1
sha'_1_1 It),- onti-tied t o e n City Tn"!casurr-Ir the amount
paid 'I'l 1" 0 3 13 1 � E,� T] t
G. r
It and credit-
ty the hold -r^ i t, h t, 1, c ai�.oilnt- rr"11.01 arid. cred-
Pay-
ncilts ba,,re T r c a,,:l u r 1 flf'or by the holder of
- , 1 1 , 1 b ,,� I j
certificatc"." in lv,�,-`;_ti�41,�, aInd by i�,rrerder the�rocl when the Prin-
4
1 , t o I I d J,
t cl a.7 I C, 0 s t S Cf collection
I—, c1 'ha'W' bll%r-l�ri paid in full.
1c al't� r-
and
Said cc rt. j f_-catc,,,,:i sl.all that
pror��ter" d_J_n,�-c wit".1 rcfev'-;nce to
J_T.1Prove-,,,-nts have
4 4- til
t I, f I -)i,, U
bec-1 re, -l -,i la r -o I n 0, �,-, w t I'l ti_]e d 11 at -5.1.1 pre -
q ti,
j.,r
` f h a s s e, cri e rs.„,, t 1. i e- rj �3,C 'rs-t the p.rop-
U
c a
s c rib d. :7 u - ]i ��01 t4 . S Ind V, e �Personn.! liability
, J71 .' I ' c! r -1 r - rfon,.ed.
h E, r I o- b e n rl�, U I and such
r 0 a h, 2- b c f
I' r e c) 'Ia(.,.ts recited,
further thereof ohall be r q1,11 re, -1 I ^ a1-,, ,1 -, Court.
Said ce;rtLficates rray haVle thcrcto in eof, or may
evi-
-
dence of r of t. jq Ove - r, s t Llm,rts thel.
C(-
I S I C
f t 4
s Sly ` Y'E' t 'e17h1.ch coupons
b`_ e t hr' r to L. E. h 1 1-11 in € I I - d Coral Y or assigns
tT, . I- :i, -, r; I -ac
�:�rd C o �:,i r-;, r b e, r d Ch ooi.,,i„),ons may be
v ignature of
f_'11 r-� -a c 11 t 1, r r J ith +h- -
the Mayor and City Clerk.
V.
Full
to P-n,al 1-c.vi”
r'^ -assns smarts in any case
and
to corro3t
1 1
-1 j .i.t 1 ,
r i rregulari ties;
either
in
e'vi d, ,�r c o thereofl is
in
ancordance
eiith 1w,,i. ve,:-,,stnrj_ i the
Cit -v..
-y,
V
Vi.
The fact thehctt- tb_e Jm-provcmerts 1 c�.I.n mertt(Yied, are being
I ? �n_nd 'hat the. condi—
ti-
d -n ei d int to t]. e f f E, c t j f t h i s r3 i , t,
ti -oil of Said. of -street erdai-q,,,e:r%s tht- nublic health and
safety, ccn.!titiir .1 an(ce,atns an urcretit pvbl�c necessity requir-
ing that t-lao r)rovldir.,;- that
be read at more than
one meeting and for mon.:, t1lar one tj.me be and requiring
that thi,A ord.inarice be ,,-,assed and. tae effe:,�t_
ac an emen ency
measure, and. sn.i.ch, rill_311101 and this ordi-
I.Tsake is T)as_ped as an (:Mer,,Ye:;icy M r,and sba-1.1 be in force and
I ... 31
effect immediately from and after its passri,ge.
P as ,,- (- d and. arprove-1 this ...... Gth....da7r of..
A. D. 192......x?. . .... . ...........
Attest:- Lme, J e r(d
. ..................
............. .... .. ....... 111- ..........
. ............. - .....
............ ............. - ....... . ................... Mayoi-, City of Wichita Falls ..Teras'..
City Clerk.