Ord 801 8/9/1926$r
E �
Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
FOURTH STREET 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 C`F
ASSIGNABLE CERTIFICATES, AID DECLARING
AN EMERGENCY.
Whereas the! (✓of Aldermen h..a,s heretofore by resolution
passed on the ......'4 ay of .......... ...............19�..�...,
ordered the improvement of
fourth Street from the West Property kine of Ohio Avenue,
to the East Property Line of Scott Avenue
in the city of Winhita Falls, Texas, by raising, grading and fill-
ing same and installing concrete curbs and gutters and paving with
one course reinforced concrc-te, and. contract for the making and
construction of ,such i.mpr:-verr:ent,� nra.s lct to L. E. Whitham & Com-
pany and the Engineer filc!d wi';' t' e C i. ty roll or statement show-
ing descriptions of the vari.c_,us parccls of abutting property, the
amounts t:: be assess -1,1A. ,,i.n.vt eac'.i p�ircel of property and showing
other matter-; and. l.h nm: ; an( st;tch roll or , jtatciment was examined
and approved; and after du: a.nd proper notice, hearing was held
and had; anby resoluti nn passF- nn. `lie gth..........d.ay of ......August .............
192.6....., all protests and cbj ect .o .,s made were overruled and the
said hearing closed; and
WHEREAS, all. other matters tind thino;s ne cessary and pre-
requisite hereto have bren done r,nd performed; and the Board of
Aldermen being of the opintcn this,t tl�e a.np.>rtionment of the costs
hereinbelow made a,nd set forth is in substantial proportion to the
benefits to the respective parcels of abutting property in the
enhanced value therr.of by mel.Irs ()f such imr.rovements, and is in
accordance with the law and ;'). ocF edi.ngs of the City, and that
the amounts hereinb,-low sl�o-xyl and �.ssessnd_ against such parcels
of property do not in any case xceed th,: ber efi.ts to such prop-
erty in the enhanced va.lu- thereof b°,T means of such improvements,
and that the assessments so hove . and rriaJo d., not exceed the pro-
portions of costs p cperl71r cs.are,,�,&,ble to such property under the
law and charter in farco in ,lis City;
THEREFORE BE tT ORDA NI+,D BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA Fi"'u,LS , TEXAS, THAT:
I.
There shall be ana is hereby levied end assessed against
each parcel of property i'ey. i nhe1_o,N t-. nti.oned and against the
owners thereof the sums of t'noney, below m;�ntioned and itemized
and the total amount set c,=, , ,-i t the description of each parcel
of property; the several asci . sed arrainst same, together
with the total arnoi,i.nt a::. essed r.d t €imes of the owners of
such property so far br it 7, as fr ll.cw. ; (ADDENDA: Refer
to Street assessment 1. inc t i'text n t tt-vI,1.ed and made a part hereof.)
II.
The several su�_ s a'oove assessed against said
parcels of property and t.-., ow}_ers thereof, respectively, together
with interest thereon at tl:i.e t~a.te of e Jlit (8J) per cent per annum
together with reaso.7ablt attorn=,y l s fees, 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 ~hall be payable as follows
to -wit:
In six equal installments (annual), due respectively on or
before the date of completion, ane, two, three, four, and five
,years after the date of completion and acceptance by the City of
said improvements, and the sums asseased 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 or tion of L. E. Whitham and Company or its assigns, be and be-
come at once due and payable together with reasonable attorney's
fees and coats of collection:, if _incurred, and provided further
that the oshmers 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.crhi_ta 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 the C:i_ty of Wichita 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 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 al..e 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 sa.i.d seams and ,paid 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 certificates shall be issued by the City of
Wichita Falls, Texas upon the coRipletion 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 shall declare the said amounts, time and terms
of payment, and. the rate of - rtere:.st, and the date of completion
and acceptance of the im-crovements, shall contair the name of the
c xner of the property as accurately cas possible, shall contain a
descri.pti.on of the pri%oerty b.lr lot and block number or front feet
there of, or such other 'description as m.aY�� otherwise identify same;
and if the prope-rty sha_ 1 be o%wne:d by an estate, then the descrip-
tion thereof as so otiined shall be sufficient, ur if the name of
the owner be l.inknown, then to so state shall be sufficient, and
no error o.r mistake in (escribi.ng an,,,r prope-ty or in giving the
name of owne c 'shall i .
shalnval da.te or in any ),else impair any certif-
icate or any assessment levied by this )rdina,nce.
Form No. 9. Page 3.
Said certificates shall provide substanti-alILy that if same
shall not be paid pror,�ptly iipoj!I maturity, then they shall. be col-
lectible with reasonable attorney's fees and costs of collection
if incurred, and shall also provide substantially th=,,t tLe amounts
thereby evidenced may be pal..d 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 do -posit the sums so
received by him forthwith with the City Treasurer to be kept and
held by him in a separate -fund hereby designated as ............ ....... __ ......... -
............. __.....Rwarth ... ......... . I ...... - ........................ Street Special Certificate Fund
No.. ....................... - ........ and iiiihen any amount shall be made to the tax
cullector upon such certificates, he shall upor presentation to him
of the certificate by the contractor or other holder thereof, endorse
said payment thereon, and the co.Aractor 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 the ai�-,;ount paid; and such end;)rsement and cred-
it shall be the TreF,,.surorls warrant for making such payment. Pay-
ments by the Treasurer sh,,-7611 also be reecipted for by the holder of
such certificateo ill 172-itirF, and by Eurrender thereof when the prin-
cipal, togethcr with accrued interest and all costs of collection
and reasonable att_,,rneY's fees, f incurred, have been paid in full.
Said Certificates shall- further rc.:cite substantially that
-c- ' I reference tr� �,,Rking suclli improvements have
.;�_l pi iceedings with refei.
been regularly had lin conpli:AnCle with the law, and that all pre-
-
req,.-I'sItes to the fixing of the: asses,_-ment lien against the, p.op-
,
erty described in such certificati,�s and the personal liability
of the owner have been reg7i2arly done and performed, and such
recitals shall be prirria, 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 --overal I-nstallmicnts thereof, or may
have coupons for each of the fi-rst six installment:;; which coupons
shall be payable cither to L. E. Whithc,,m and Company or its assigns,
or to L. R. Whitham and Comp!�-p, 1 r bearer; ),-r).d such coupons may be
signed -falcsimllc signature of
either with the original or livith the
the Mayor and City Clerk.
V.
Full power to make and levy re -assessments in any case and
to correct mistakes, errors, irvaliditie_-, or irregularities; either
in assessments o.:, certificates Issued. in evidence thereof, is in
ancordance with law, vested in the City.
VI.
The fact that the improvements herein mentioned. are being
delayed pending the effect of this ordinance, and that the condi-
tion of said portion of street endangers the -public health and
safety, u.blic necessity requir-
ing that the rules provi.d-.InE, that ordinances be read at more than
(-,,no meetJng
and. for mor,,.., thFtn one time be suspended, and requiring
that this ordinance be passed. and take effect as an emer�.,ency
measure, and such rules are al,cordingli,.,?, suspended, and this ordi-
r.,-nce is pa red as e
.A,n eme-g— c2,,, m^=asure, and shall be in force and
effect immediately from and after its passage.
Passed and approved tIAs ktk._, ... day of ...................... AAMI .............................
A. D. 192....
Attest:- (.Signed) R.... E..._She Daher d................._....._._...........
Mayor-, City of Wichita Falls, Teias.
(Signed) W. E. Me
.... ................... . .........
City Clerk.