Ord 811 8/30/19261
Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
LL -_L]Y ?LO C f -r 182 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.
the Bo, -.t -,,d of f Aldn has 'ioretofore by resolution
PL.day- o f .._..dam'....... Y ' 92_6
-.
passed on the ..---��-.� ,,M��-�,.....................
ordered the improvement of
Alley lock 182, fro,, -:i the :youth ,,ropert�r 1,ine of ninth St.
to the ',Tort', wroperty i� _ le of Tenth at.
in the city of Wichita Falls, Texas, by raising, grading and fill-
ing same and installin 7 concrete curb,, and nutters and paving with
one course reinforced concrete, and contract for the making and
construction of Luca i.n-,prc,veirent:_> w �,s let to L. E. Whitham & Com-
pany and the Engineer filed with tl,e City roll or statement show-
ing descriptions of tl F vu.l L �;s parer is of abutting property, the
amounts t" be assessed a<g; iir.3t each of property and showing
other matter::, ar:d a.h'r.,^s; and such roll or c3tatement was examined
and approved; and after cru.:: WId proper notice, hearing was held
and had; and by r•esu'uti or passed, on the . Ooh day of C• �.....
all protests and cbjectl_or:s made were overruled and the•
said hearing closed; and
WHEREAS, all other matth rs and thin- s necessary and pre-
requisite hereto have been done and performed- and the Board of
Aldermen being of the opinion that the arpJrtionment of the costs
hereinbelow made and set fc•,rth is i -n substantial proportion to the
benefits to the respective par.�eIs of abutting property in the
enhanced value thereof by means of suer. improvements, and is in
accordance with the law ,and p, occ_edi.ng of the City, and that
the amounts hereinb�;l w shown and c.s rssFd against such parcels
f property do rr. t i_r any case �xce-d thy. bencf'i.ts to such prop-
erty in the enhanced vaiup then eo `' b T r_ Earns of such improvements,
and that the asc!essmants so shown and rr;ade d:: not exceed the pro-
portions of costs p :'c:p rl cl�arg� _ble to .,ucl-i property under the
law and charter in f,rce in this City;
THEREFORE BI' IT ORDA.iNED BY THE BO. RD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There shall be and is hereby levicd.:ar_d assessed against
each parcel of crop �r•t, herr;inbelow r.enti.oned and against the
owners thereof -1,�.r sums cf money bolow ,, nt oned. and itemized
and the total aroult sett ,i to t'�.c de-1cription of each parcel
of property; tl s -venal Ismni_int^ astir . crd a-ainst same, together
with the total amoi,nt 3scrsrd, and t ' 1 am^s of the owners of
such property s� f .r 'Zncwn b in as fo17.l-w ; (ADDENDA: Refer
to Street a.ss„rr,r.^YF sl'.c'>+ �`1� ^..tta, }7:d and made a part hereof.)
II.
The several qu. pas above menti-onnd assessed against said
parcels of property and t1lie ow ers the roof, respectively, together
with interest thereon o.t the rate of �'zt (89) ? er cent per annum
together with reasonable attorney's fee. and- cost-) 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 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 assessed shall bear interest from
dates or 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 oTtion of L. E. Whitham and Company or its asvigns, 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 have the right to pay any
or all of tie said installments before maturity at any time, by
layment of principal and interest accrued to the date of payment.
III.
The Citi; of Wichita Falls shall not be in any manner liable
for the payment 6f 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 the City of Wich'ta 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 enfcrc:ed 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 vale 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 rums 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 attested by the City Clerk with the corpor-
ation seal, and shall be payable to L. E. Whitham and Company or
its assigns, and 3ha.11 declare the said amounts, time and terms
of payment, and the rate of '.r;terest, and the date of completion
and acceptance of the improvement:>, hall contain the name of the
owner of the property as accurately as possible, shall contain a
description of the property by lot and block nr.,mbef cr front feet
thereof, or such other description as may otherwise identify same;
and if the property sl:.a_..i bo o4 cd by an estate, then the descrip-
tion thereof as so owned shall be suf f i3ient, ur if the name of
the: ownor be unknown, then to so state shall be sufficient, and
no error or Mistake it ;escribing any property or in giving the
name cf owner, shall invalidate or in any wise impair any certif-
icate or any assessment levied by this jrdi.nance.
Form No. 9. Page 3.
Said certificates shall provide substantially that if same
shall not be paid pro-Rptly 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
thereb7 evidenced may be paAd to the collector 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 bV him forthwith with the City Treasurer to be kept and
designated as ................................
hold by him in a separfl-te fund hereby
........
...........
Street Special Certificate Fund
. .. .-
No ..... 1.. ................ .... . A and when any amount shall be made to the tax
collector upon such certificates, he shall uporpresentation to him
of the certificate by t -he contract'.or 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 t-lhe aiiount paid; and stioll end.)rsement and cred-
it shall be the Treasurer's warrant for making such payment. Pay-
ments by the Treasurer sb-all also be receipted for by the holder of
such certificates iy'writing, and by surrender thereof when the prin-
cipal, together with accrued interest and all costs of collection
and reasonable attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that
a-11 proceedings with refeY'MCe' to making suc'j- improvements have
been regularly had -,!In compliu.nce with the law, and that all pre -
re ql,, is I " tes to the fixi.l,,.g of the assesoment lien against the p-cop-
erty described in such cert-J.ficatt:s and the personal liability
of the owner have beer regi�larly done a -d 17terforraed, and such
recitals shall be prima facie evidence of the facts so recited,
aInd no further proof thereof shall be rt�quired in any court.
Said certificates may have coupons attached thereto in evi-
dence of each or all of the evel-al installments thereof, or may
have coupor.s for each of the first six irste,11ments; which coupons
shall be pay,-.,,ble either to L. E. Whitham and Company or -its assigns,
or to L. E. Wlnithn,m ,,,nd. Com -r -.1-1y r bearer; aild such coupons may be
signed either with thy; origina.. oi• -vvith the facsimile signature of
tD
the Mayor and City Clerk.
V.
Full power to make and levy re -assessments in any case and
to correct mistakes, errors, inval`(,Jitie�, (,,r irregulari ties either
in assessments (,j-- certificates issued in evidence thereof, is in
ancordance with law, vested in the City.
V1.
The fact that the improvements herein mentioned are being
delayed pending the effect of this ordinance, and that the condi—
tion of said portio"! of street endangers the -public health and
safety, consti ' tutes and creates em urgent public necessity requir—
ing that the rules providiriL7 that ordinances be read at more than
one meeting and the for more I requiring
I _n one. time be suspended, and
that thi;., ordinance be 7,assed and take effect as an emerr7-enc
j
measure, and such rules.
are accordingly suspended, and this ordi—
nance is pas,,led as an emergenc-y m�-_-:asurri, and shall be in force, and
effect immediately from and after its passage.
Passed and approved this of ...... I'L -------- tdRE'! ....................... .............
A. D. 192-L...
�i,. 3he-pherd.
Attest:- ..... ........... .......... . ..... a ....................................
Mayor, City of Wichita Falls, Texas.
c 1 r, o * -- - -------
City C1;ri-