Loading...
Ord 804 8/16/1926e Tom No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF rs 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 .F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa, I it Aldermen has heretofore by resolution passed on the .. hl............day of .........'. ..... 192 .$.., ordered the improvement of rar' tract fro::. the �,orth 1?roperty Li ne of the r'. a. D. ,t y .� nxx°e� r »�tx L o t 14 , Bloc' S a f Boyd's Addition. in the city of Wi.Phi to Falls, Texas, b-' raising, grading and fill- ing same and installing oncret(-, curbs and gutter: and paving with one course reinforced concrete, and contract for the making and :;uc::. il1ipr^vements was let to L. E. Whitham & Com construction of - pany and the Eng.1neer f _le d ,,,I th tire City roll or statement show- ing descriptions of the pari u.: parcels of abutting property, the amounts tv "be assessed E,gL,An 3t each T)arcol of property and showing other matters and '.Y ng s; an( uch Noll. or .tat was examined and approved; and aftor aur: proper notice, hearing was held and had; and by resu7.ut on passed on ';he ..1.6Ih.day of ._�zl. !............. 192..x?...., all protests and. object -ors made were overruled and the said hearing closed; and.. WHEREAS, all other lratt;-.,rs nd thinTs nonessary and pre- requisite hereto have .e'en done ,and 1>>rformed; and the Board of Aldermen being of the c� in o:". thL,t t!-,, a x�ortionment of the costs hereinbelow rade sct forth is _n substantial pro benefits tc the respective portion to the and ctive par -els . abutting property in the enhanced value thei-eof by nf ,,tech ,1pzovements, and is in accordance with the 1<< n ,w dd i i_,c ��eding:�­ of the City, and that the amounts he, einbMow cxid L.,,> ,essed. aga' nst such parcels of property do rich in an,T ;ase xceco t':, br.r,-f is to such prop- erty in the enhanced va,luit ale rF;o f b,: r_.;ans of such improvements, s.- ss sc _,hc�r; :. and ma�lc, d, not exceed the pro - and that the aa:�e.� ,r-.:1lt�. portions of costs p L cpc>rl:, cl- pro- .,, to suc} property under the law and charter in f:�rce in this City; THEREFORE BE, IT ORDA'NI';D B'`. T1 -1E B0.'�.RD OF ALDERMEN OF THE CITY OF VT CHI TA FAILS, TEXAS, THAT: I. There shall be arl is hereby 7evifid and assessed against each parcel. of proport ' }aej-i'in�clow iienti.oned and against the owners thereof the ouiris of m nE below m nti oned and itemized and the total anoi.int set r) ;s-1 + ' t'tr" d<Iscription of each parcel of property; t if -ie vc al. t m,=,,cnt.e� as� sed a,gain.st same, together Frith the total amount a:3sc ssed, -.Aid +�1` na- s of the owners of such property so far r� lcr' �Trn b tg as t'()11.(w :; (ADDENDA: Refer to Street :,ss�s n�„i :'>'� �� '11� „tta `' c d and made a part hereof.) II. The several su=ns above 1-�-_rt l oned assessed against said parcels of property and tli: owners tI^ereof, respectively, together with interest thereon at `n; at (-5 of c c'it (8J) per cent per annum together with reasonable. ,tear �Y, fo '” an(I 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 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 tion of Z. E. Whitham and Company or its asiigns, 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 t.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 fox the payment of -try suns assessed against any abutting property or any owner, but. the :aid Z. 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 Lhall exercise all of its lawful. powers to aid in the enforcement and collection of said liens and scams 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 provided for ale of property for the non-payment of ad - valorem taxes, or at the option of the said I,. F. Whitham and Company or its assJ.gns, the payment of said slims and said 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 prorerty and the owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates s1r.a11_ be i.s -ued by the City of Wichita Falls, Texas ti on the corrpl_eti_on and acceptance of the ;cork, which certificates shall be execLrted by the Mayor in the name of the City and a.ttejted by the City Clerk with the corpor- ation seal, and shall be payable to L. F. Whitham and Company or its assigns, and s1°a1l ciecl,re the said amounts, time and. terms of payriien.t, a. d- tho rate of ,,rtr rest, and the de.te of completion and accept'a-T_ce of the imrrovement T, shall conta.i_rz the name of the caner of the property :-?.s accj.ara.te1_,, as ros^ible- , ohall contain a descr r,ti.on of the x rcrerty by lot and. block number cr front feet thereof, or such other do~cripti'n as mase other,F�rise identify same; and if thn p.rcnf�rty sha,_..l b o'. cd. by an estate, then the descrip- tion V,ereof as so ovined shall. be suffi.dent, _r if the name of the o,�,ner be unkrrnr,,n, then to so state shal.7 b� sufficient, and no error or mi stake in describ ng a.n,,., pre pc rty or in giving the name of owne_• shall invalidate-, or in any wise impair an-, certif— icate or any assessr ent levi.ej, by this ordinance. Form No. 9. Page 3.' Said certificates shall provide substantially that if same shall not be paid pro(cnptly 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 therebIv evidenced may be paid to the collector of taxes in the City of Wichita Falls, Texas, who sl' -.,all is.sue his receipt there- f� )r which receipt ohall be evidence of such payment upon any de- mand for same; and the collector of taxes shall deposit the sums so rE,ceived by him forthwith with the City Treasurer to be kept and held by him in a, separ.-J.te fund hereby designated as ........ . .......................... Nark Street Special Certificate Fund ............. ......... ....... - .......... - 0 . ............... and when any ,-.mount shall be made to the tax cu lle 0 to"r upon such certificates, he shall upor presentation to him of the certificate by the contraclUor or other holder thereof, endorse said payment thereon, and the contractor or holder of such certifi- cate ;hall 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 the amount paid.; and such endorsement and cred- it shall ba the Trear-..urr�rls warrant for miaking such payment. Pay- ments by the Treasurer shall -),lsc be receipted for by the holder of such certificates in wrltirg, and by surrender thereof when the prin- cipal, together with accrued interest and all. costs of collection and reasonable attorney's fees, '.fncux ed, have been paid in full. Said certificates shall further reci.tf substantially that all proceedings with reference to making such improvements have been regularly had in compliance with the law, and that all pre- reqaisites to the faxiYIg of the assessment lien against the prop- erty described in such certificates and the nersonal liability of the owner have been rpa,�Iarly done and performed, and such recitals shall be prima facie evidence of the facts so recited, and nu further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of ea,.A1, or all of the -everal Anstailments thereof, or may have coupons for each of the first six 'nstallment.s,; which coupons be pnayabl, either to L. E. Whitham and Company or its assigns, or to L. E. Whitham a-nd Comr-in- r bearer; cand such coupons may be signed either w.*i..th the origi.-nal 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 mistalces, errors, al i (-)r irregularities; either in assessments o ' - ce,(tifi.cates issued in evidence t.ftereoff, is in accordance with law, vested in the City. Vi. The fact that the improvements here.*L.n mentioned are being delayed pending . an the effect of this ordinance d that the condi- tion of said portion of street endangers the. public health and safety, constitutes anti creates an urgent public necessity requir- ing that the ruler providirtc, 'that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that thi,,-, ordinance be, passed and take effect as arl emer:,Iency measure, and such rules are accordingly suspended., and this ordi- nance is passed as an emergerc.-tIr melasurc-1, and shall be in force and effect immediately from and after its passage. Passed and approved this ...16th ...... day of ...... ....... A.Ugus.t ................................ ......... .. A. D. Attest:- ... Shepherd. Mayon, City of Wichita Falls, Texas. City Clerk.