Ord 812 8/30/19264 a
Form No. 9.
ORDINANCE LE"KING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
1,��5NLL 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 Boa d of Aldermen h -Is hor.etofore by resolution
passed on the ........ ...... day of .......... 1'✓• _..._........19fe._..
ordered the improvement of
1,a.rshall �3tr�et, from -rhe South 7roperty _�irie of muff Avenue,
to the South ine Alley in ,lou{ p3, of Southland Add'_tio .
in the city of Winhita Falls, Texas, by raising, grading and fill-
ing same and Insta.11i.nconcrete curb:: and mutters and paving with
one course reinforced concrete, and contract for the making and
construction of auch J mprs verc.ent � was let to L. E. Whitham & Com-
pany and the Engineer filed w-11-th t'r:e City roll or statement show-
ing descriptions of the v:,,ri c:us pare !s of abutting property, the
amounts tu be assessed aC:J n ,-:t r,-ach -parcel of property and showing
other matter6 and 'h':ngs; an,A such roll. or :,tatement was examined
and approved; arid.after c.u,� and. proper notice hearing was held
and had; and by r•es�_�lut5 on. passed on he 30...hrlay of ..-Aug .......
192-**'_, all protests and ctj ections made we re overruled and the
said hearing closed; and
WHEREAS, all other matt^rs and. things necessary and pre-
requisite hereto have boon do:�.� ayid porforrned; and the Board of
Aldermen being of the epirion that ti -1c arp.�rtionment of the costs
hereinbelow made arid set fc rth is in substantial proportion to the
benefits to the respective parcels of abutting property in the
enhanced vul.i.e thereof by rnear_c of such improvements, and is in
accordance with the 1ELW and p:-occedings of the City, and that
the amounts hereinb ,:low showri and L.s^essccd against such parcels
of property do not in any case lxcced the benefits to such prop-
erty in the enhanced value, thoreof b;; means of such improvements,
and that the as^c sem_-nts so ,how% and ,shale do not exceed the pro-
portions of costs prcpF rlr,T c} argea:bl e to such property under the
law and charter in f)rce in this City;
THEREFORE BE IT ORD.AIN:I?D B" THE B0.<aRD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There shall be ani is hereby levied and assessed against
each parcel of prop f. rt L'er = inbnl.ow _enti_oned and against the
owners thereof the: sums of m,,r.e.yr b,�loyT, mentioned and itemized
and the total amola-it set tll.� description of each parcel
of property; thn sr�veral jmrnants atis,,,�sr�d a-ai_nst game, together
with the total ar-rl,nt ti: ssr;d, ",nd t'..= r'ames of the owners of
such property so, f r a lir >> n Yy sin as `oll nwr ,; (ADDENDA: Refer
to Streett a.tta.. tiled and made a part hereof.)
II.
The several sl.z is above menti or; a assessed against said
parcels of property and t'11. owners thereof, respectively, together
with interest thereon a-15 the rate of e,-rht (8f) 7er cent per annum
together with reaso..ables.„ttorrieyr 7 and costo 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, ,:�.nd 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 raramount 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
;,rears after the date of completion and acceptance by the City of
said improvements, and the sums asse-,,sed 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 option of L. E. Whitham and Company or its as.:-igns, be and be—
come at once due and payable together with reason -able attorney's
fees and cost— of collection, if incurred, and provided further
that the owners of such property shall -aave the right to pay any
or all of tl;e said installments before maturity at any time, by
payment of principal and interest accrued to the date of payment.
III.
The City of Wi.,,;hita Falls shall not be in any manner liable
for the payment of any sums assessed against any abutting property
or any owner, 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 t1le C.Lty of Wichita Falls ~hall exercise all of its
Lawful powers to aid in the enfoli-cerient and collection of said
.ens and sums &nd personal liabilities; and if default shall be
made in the payment of any of said sums, collection therefor shall
be enforced eLthor b-7 sale of the property by the tax assessor and
collector of the City of Wichita Falls, as near as possible in the
manner provider. for ,-ale of property for the Pon—payment of ad—
v&lorem taxes, or, at the option c.)f the said L, E. Whitham and
C3mpany or its assigns, the payment of said sums and laid liens
and liFbilities shall be enforced in any court having jurisdiction.
IV.
For the purpose of evidencing the several sums assessed
against said parcels of abutting property arid the owners thereof,
and the time and terms of payment, and to aid in the enforceraient
thereof, assignable certificates shall be issued b,,,/- the City of
WAchita Falls, Texas upon the complet.-Ion and acceptance of the
work, which certificate. -,s shall be executed by the Mayor in the
name of the City and a,Lteited 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, ard the rate of -1nterest, and the date of completion
and acceptance of the improvements, „hall contain the name of the
ovirner of the property as aCO11r;�tely as possible, shall contain a
desorl-otion of tine property by lot and block number ur front feet
then .of, or such other descriptif-,n as may other-aise identify same;
and i.f the property sha...L be c)'.,nFd by an estate, then the descrip--
tion ti-lereof as so oc%,ned shall be sufficient, jr if the name of
the owner b, -tInknown, then to so state shall be sufficient, and
no error or mistake in ',"6SCribing an, r�r,_-)p(L-!rty cr ..n ?,,iv-*nr-; the
name of ownei, shall invalidate or In any wise impair -,7' an -,T
o any assessi-irent, 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 col-
lectible with reasonable attorney's fees and costs of collection
if incurred, and shall also provide substantially that the amounts
thereby evidenced may be paid to the on1lector of taxes in the
City of Wichita Falls, Texas, who shall issue his receipt there-
for, which receipt shall be evidence of such payment upon any de-
mand for same; and the collector of taxes shall deposit the sums so
received by him forthwIth with the City Treasurer to be kept and
hold by him in a separate fund hereby designated as ...................................
.nj rs !,�
CC -1-4 . . ...... ...................... Street Special Certificate Fund
...... and when any amount shall be made to the tax
collector upon such certificates, he shall upon presentation to him
of the certificate by the contractor or other- holder thereof, endorse
said payment thereon, and the contractor or holder of such certifi-
cate shall be entitled to receive from the City Treasurer the amount
paid, upon presenting to him such certificate so endorsed and credit-
ed by the holder with. tl,..e atnount paid; and such cndl,)rsement and cred-
it small be the Treasur,-:rls ,,varrant for -r,,aking such payment. Pay-
ments by the Treasurer shall -:Also be receipted for by the holder of
such certificates in writing;, and by surrender thereof when the prin-
ci
pal, together with accrued into rpst and al.1 costs of collection
and reasonable attorney's fees, if I..Tic-Lzi-ed have been paid in full.
Said certificates shall further reci�e substantially that
awl pr;,�ceeuings wit -In r,.,,ference to making su-.'i improvements have
been. regularly lad In cormcli;,nce with the lavv, and that all pre-
roquisites to the fixing of the ,T).sses-iment lien against the picop-
erty described in su,,,,,h cortificat(,-,s and the personal liability
of the owner have burn reg- ,Ilarly done ai,id performed, and such
recitals shall be prima facie evidence of the facts so recited,
and no further proof thereof shall be required in any court.
Said certificates may have coupons -attached thereto in evi-
dence of ea,�h or all, of the , everal -installments thereof, or may
have coupons for each. of the -first six "r-stallments; z1hich coupons
shall be payable either to L. E. Whith.,-,m ,and Company or its assigns,
or to L. E. 711itham, and Comp-,,:x,.y . r bearer; ai-,.d such cou-cons may be
signed either with the oig-inai or with the facsimile signature of
the Mayor and City Clerk.
V.
Full power to make and levy re -assessments in any case and
to correct mistakes, errors, invaliditie,,.i, or irregularities; either
in assessments or certificates issued in evidence Hereof, is in
accordance .,,,ith law, vested in the City.
VI.
The fact that the improvements herein mentic;ned are being
delayed ponding the effect of this ordinance, and that the condi-
tio,n of said. portion of street endangers the public, health and
safety, constitutes ane' creates an urgent pu.blic necessity requir-
ing that the rules providiric-, that ordinances be read at more than
cne meeting and for more: than one t;=-,, be suspended, and requiring
that thio ordinance br passed. and take effect as an emer.,-Iency
measure, and such rules are accordingly suspended., and this ordi-
rence is pa.,Lfed as an emergene IT measure, and shall be in force and
effect immediately from and after its passage.
Pasied and approved this ... ZQ.th......day of........ Aucj� .........................................
A. D. 192.....6. ..
Attest:- E. ihe-oherd.
............ * ...........
Mayor, City of Wichita Falls, Texas.
................
City Clerk.