Ord 819 9/6/1926T
Yom No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF 110ROVING A PORTION OF
TTi.'0 STREET IN THE
CITY OF WICHITA PALLS, TEXAS, FIXING
A CHARGE AND LIEN AGAINST ABUTTING
PROPERTY AND THE OWNERS TI-iEREOI',
PROVIDING FOR THE COLLECTION OF SUCH
ASSESSMENTS, AND FOR THE ISSUANCE OF
ASSIhGNABLE TTFICATES, AND DECLARING
AN EMERGENCY.
Whereas, the Board
passed on the .........
ordered the improvement
pilr,ore Strep )t =r__-1 the South Protoertj
7 SFJ
t 0 the i e Eor t'". i'r pert�7 ?,� rie of
of Aldermen has heretofore by resolution
....day of ......Kum. ............. ........-19.c......
of
Unraved portio _ o '
Ili e ofu11zV_gtor
t
ry •
,> > �;, t, _r1 ,7 J r e ; t
in the city of Winhi.ta, Falls, Texas, by raising,
grading
ri gndfill-
ing with
same and insta,111.119 concrete; curb:, and ga paving
one course reinforced concrete, and contract for the making and
construction of such imps Nernents Was, let to L. E. Whitham & Com-
pany and the Engineer filed, .°, i t;h the City roll or statement show-
ing descriptions of the vaxi;,u, parc.3l s of abutting property, the
amounts to be assessed ag.,in_t each parce::l. of property and showing
other matters and ih nLs; and ouch coil or statement was examined
and approved; and after du` and i rc;,r r Lice, hearing was held
and had; and by resul.ut on passed on ';he Eth....... day of _._. snit. .................
192.AL_, all protest.; and obj ec t.,Lor.,s made were overruled and the
said hearing closed; and
WHEREAS, all othe - n,a,ttr res tnd t! Ing necessary and pre-
requisite I,1-reto have b en done naid. p ,formed; and the Board of
Aldermen being of the cI r.o t'� .,t t � P r-tionment of the costs
hereinbelow made aid s ct fllrtll _,r substantial proportion to the
benefits to the rcsUectivr:; p r s of ab ,t,,rng property in the
enhanced val;.e the; ; of r, �,._. ,uct: :7np rover. ents, and is in
rY
accordance with *h l uvT rr,:l ed ng^! �)f the City, and that
the amounts he �inb l.. W : l eat ar,c. . scd aga_'Mst such parcels
of property do n: -Au -it ,In;r `ace b: fits to such prop-
erty in the en �an.ccd va Iu; t' f Y t 1�; r.�eail ' of such improvements,
and that the as:,es am�n.ts 10 hc41i.L not exceed the pro-
portions of coat., n ,.;p, rlT,r � a.rz>ea.bl.c� to su tir property under the
law and charter in f )rce in "I'L i P, rite;
THEREFORE B-J� I T ORDA i NC{:Ii I". THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FaLLLS, TEXAS, THAT:
I.
There shall be an"I i_s; hereby levied and assessed against
each parcel of proprr�t;?, lie T-(.:, inbe nontJoned and against the
owners thereof the ::gums of money belo,Wtr mentioned and itemized
� y tr t� e description sameac
h parcel
and the total amount set opostogether
of property; the sEveral am�urlts as
with the total amoar.t, a2sesso d, �ar,d rli`. games of the owners of
such property so far as knovr,rn bciYIP,- as f.:,11.,;V, ; (ADDENDA: Refer
to Street arse-.sment s'. el` >>cxt cl,ttac,hed and made a part hereof.)
II.
The several su:s above mertioned assessed against said
parcels of property and tl^.o own,:�:rr-!, thereof, r^spectively, together
with interest they-cson -Itt t, r a,t; of e � grit (8%) -er cent per annum
together with r. easo,)abl_: attor n'.e;;;'s fe. s and cost,3 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
on which assessment is levied
able claim against the property I
and shall be the first and paramount lien thereon superior to
all other liens and claims except state,
county, thereon,
municipal
taxes and the sums so assessed shall be sayable as follows
to -wit:
In six equal installments (annual), due respectively on or
before the date of oompleti011 one,
two, three, four, and five
years after the date of completion and acceptance by the City of
said improvements, and the sums as-sel,ised 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
tj,je wjjolE, of the assessement upon which default is made shall, at
the o!,tion of L. E. Whitham and Company or its as'Agns, be and be -
J.
come at once due and payable together with reasonable attorney's
fees and costs of collection, if inciirred, and provided further
that the 0,111ners of such I'roperty shall have the right to pay any
or all- of t1 e said .1.1istallments befure maturit,,� at any time, by
1,ayment of principal. and interest accrued to the date of payment.
III.
The. City of W):;hita Falls shall not be in any manner liable
for the payment of any sun -is assessed against any abutting property
or anji ()wner, but the said L. E. Whitham and CoMpany and its as-
signs shall �ook solely to such owners for payment of the sums
assessed; but the City of Wichita Falls zhah exercise all of its
lawful pov,,rers to aid in the enfos,,cernent arid- collection of said
liens and sl..rris 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 provide: for , ale of grope-1-ty for the non-payinent of ad -
valorem taxes, or at the option of the said L. E. Whitham and
Company or its assigns, the pay.,-nent of said slims and -aid liens
and liabilities shall be enforced in. any court having jurisdiction.
IV.
For the -purpos(--, of evidencing the several sums assessed
against said Parcels of abutting proper'['y and the owners thereof,
and the time and terms of payment, and to aid in the enforcement
thereof, assignable certific=ates shall be is,,ued by the City of
Wichita Falls,
Texa-,i upon the coTf�.pjctioyi and acceptance of the
-t f j., executed by the Mayor in the
work, vihich c; e I ates shall be exec
name of the City and attejtec. by thc City Clerk with the corpor-
ation seal, and shall be payable to L. E. Whitham and Company or
its assigns, and, amounts, time and terms
declaro the said 11
of paylent,tjL�, rate of and the dp-.,te of completion
L
and accoptanco -v e contain: the name of the
)f the -ment�'
cNner of the property a c c ii r,--1 t e I- as possibly , shall contain a
dr:scrj_ption Of the proplcrty by lot arid. block numbef- c.r front fee - t
thereof, o r such other de: rip t n as m ii.
may rAherwise identify sae;
and if tII& property she -i be o,".11C.d by an estate, then the descrip-
tion tI.-Leroof as so o4rined shall be suf.F1_,.,.Lent, or if the name of
the, owner "C)e -t..Mknu,��jn, then to so state shala be su Ifficent, and
no error or mistake in cscribing any -,roperty or �n giving the
lla,Y16 of ovale.-, shall invalidatt_-, or -in any vJ.se impair an,-,1.certif-
icate oj-- any assessment levied by th-is )rdinance.
1)
Form No. 9. Page 3.
Said certificates shall provide substantislly that if same
shall not be paid promptly upon maturity, thnn they shall be col--
leatible with reasonable attorney's Kes and costs of collection
if inaurrad, r shall also provide substantially that the anloUntS
therebF evidenced may be pald tc tho collector of taxes in the
City of Wichita Falls, Texas, who shall isnue his receipt there-
for, which receipt shall be evidence of such payment upon any de. -
nand for same; and the collector of taxes shall deposit the sums so
ruceived by him forthwith with the City Treasurer to be kept and
hold by him in a separate fund hereby designated as
... .... .�3 11 �n . .. .......... ........ ....................... Street Special Certificate Fund
No__, ; and when any amount shall be made to the tax
w,11ector upon such crKificates, he shall upor presentntion to him
of the certificate by tho contractor or other holder thereof, endorse
said pa7mcnt thereon, and thn cortractor or holder of such certifi-
cnte shall be entitled to rpoeive from thn Cfty Treasurer the amount
paid, upon pyenortiry� to him such ccrtificate so endorsed and credit -
rd by the holdcr with Ve aLount paid; and such enOrsement and cined-
It shall ba the Tre"rurcrls warr=t for makirg such payment, Pay-
Eents by ths Troasurpr 0711 also be rceipted for by the holder of
ruch ecrtificatus in wi_t .'r and by rarrender thereof when the grin -
pal, togutLar with accrnee
d dntrrst ard all costs of collection
and r2anonabln attarqPY's fons, 'f Lncur7nd, have boon paid in full.
Said cert ificatcs Ehall further rculte substantiallyt hat
n11 proverdings with rpferance to aking such improverents have
Von r2gularly had 'n ,l.n_.: with the law, and that all pre-
requisites to tho fixing of the assessmert Hen against the prop -
arty Knoribed in such vertAicates and the personal liability
of the owner have been rug"larly dono Lqd rar"ormed, and such
recitals shall be priva facie evidenre of the facts so recited,
and nG further proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evi-
dence of vanh or all of the Peveral installments thereof, or may
have coupons for each, of the first six nstallments; which coupons
Fhal•
l be payabJu either to Z. E. Z31tham and Company or its assigns,
or to L. 3, Whitham nmd Company r b9arer; and such coupons may be
signed either with the orTgina. or with the facsimile signature 0f
the Mayor and City Clerk.
V.
Full power to make and levy re -assessments in any case and
to correct mistakes, vyro-s. Avaliditiet, "r irregularities; either
in assessments or certificates issued in evidence tnereuf, is In
ancordance with law 2 vested in the City.
V1.
The fact that the improvements herein mentioned are being
delayed pending the affect if this ordinance, and that the condi-
tion uf said Vortioq of street endangers the public health and
2afety, const Atnies andcreates an urgent public necessity requir-
ing that the ruluc provjdQ7 that ordinances be read at more than
une meeting and for more than one time be suspended, and requiring
that thio ordinance bo passed and take effect as an emerTenoy
mcasure, and such rules are aacordingly suspended, and this ordi-
nance is pasied as an emergency measure, and shall be in force and
effect immediately from and after its passage.
Passed and approved this 01h,,day
A, D. AM—
Attest:- _Qigned) R. Z. Sheoherd . . ..................
Mayor$
City t y i"iWichita', iFalls
City Clerk.