Ord 800 8/9/1926CO5
Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A POi;TION OF
HAYS STRETT 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 CF
ASSIGNABLE CERTIFICATES, AND DECLARING
AN EMERGENCY.
Whereas, the Board of Aldermen has heretoforEj Py resolution
passed on the ...... k.yy..�.`�. ay of ......... ........ .......
.19.fi ..,,
ordered the improvement of
Rays Street, from the north rroperty Line of Cumberland Ave,
to the South Curb Line of Ozark Avenue.
in the city of Win'gita Falls, Texas, b, raising, grading and fill-
ing same and installing concrete curb:_ ,and cutters and paving with
one course reinforce=d concrete, and contract for the making and
construction of sucn i.rnnrl;ve nen.ts was 1�°t to L. E. Whitham & Com-
pany and the Engineer file. =d with t'r.e C_i.ty roll or statement show-
ing descriptions of tie various Parcels of abutting property, the
amounts to be assess_e;d a �Ar.�t each par; e l of property and showing
other matterU and ih.i.n7s; anu ouch roll or statement was examined
and approved; and after u.u: arld proper notice, hearing was held
and had.; and by resoTution passed on the 9th ........ day of ....... Angm t.....,....
192.._6...., all protests and objections made were overruled and the
said hearing closed.; and
WHEREAS, all other matter's G -Ind thins necessary and pre-
requisite hereto have: been done �arid peerformed; and the Board of
Aldermen being of the opine or. th.�t tl-, �,,-�p.::rt_ionment of the costs
hereinbelow made and set forth is in substantial proportion to the
benefits to the res-pective parcels of abutting property in the
enhanced vd1i_4e thereof by meL,xs of sr:rch iElprove 1aents, and is in
accordance with the, law and p ocE edings of the City, and that
the amounts 1�e: einb�. I�,w sliow,ri and ,,s-ess�-:d_ ag,a nst such parcels
of property do not in any case xcr-_,ed th- benet"Its to such prop-
erty in the enhanced va,lu� t', .re>of b,;r mea s of such improvements,
and ,that the assessments so and riad.- d.. not exceed the pro-
portions of costs pi cperl cl;ark;able to su.c1 property under the
law and charter in fc)rce in tLis City;
THEREFORE BE IT ORDA 1:NT D £ lr TiE BOri
rD OF ALDERMEN OF
THE CITY OF VJI CHI TA FALLS, TEXAS, THAT:
I.
There shall be an? is hereby levicd.C,.nd assessed against
each parcel of props r•tV hereinbelc rz ;=2ntioraed Gond against the
owners thereof the .,urrs c;f menu;,r b<:lore rn.+nti oned and itemized
and the total amour -it set o : c: ;^i.te t1i.o description of each parcel
of property; the sieve ai.1 ass 1s -,-.d against same, together
with the total amount f:. ;games of the owners of
such property so far n,e3 h:no"Tn as fc ll, ->w ; (ADDENDA: Refer
to Street ass�Ssnl nt 3h cl t <-j,', tae l : d and made a part hereof.)
1I.
The several su"a above r: arti.o-1ed assessed against said
parcels of property and. th.- ow ,ors th<_ raof, .respectively, together
with interest they -con &t. th, rate of (8f) per cent per annum
together with reasonable, -,ttorneyls fe s 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
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 asse3sement upon which default is made shall, at
the ortion 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 costs of co,Llection, if incurred, and provided further
that the owners of such property shall Piave 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 Wichita Falls shall not be in any manner liable
fox 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 tr.e City of Wichita Falls :,hall exercise all of its
lawful powers to aid in the enforeer.lent and collection of said
Lens 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 male 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 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 capon the completion and acceptance of the
work, which certificates shall be executed by the Mayor in the
name of the Cite and atteoted by the City Clerk with the corpor-
ation seal, and shall be payable to L. E. Whitham and Company or
its assigns, and shall c;.-clarE', the said amounts, time and terms
of payment, a.nd. the rate of I.nterest, and the date of completion
and acceptance of the improvement;;, shall contain the name of the
owner of the property as accurately as possible, shall contain a
d-scr:.ption of the property by lot and block number or front feet
thereof, or such cthf r description as may otherwise identify satire;
and if the property sha i be o',ne:d by an estate, then the descrip-
tion tltlereof as so owned shall be sufflc�ient, c,r if the name of
the! oxfner be unknown, then to so state shall be sufficient, and
no error or mistake in describing an prcpeF'ty or Ln giving the
name of owner, shall invalidate or :in any, ;vise impair an!T certif-
icate or any assess;. en+, levied by this ordinance.
Form No. 9. "Page 3.
Said certificates shall provide substantially that if same
shall not be paid protliptly upon maturity, then they shall be col-
lectible with reasonable attorney's fees and costs of collection
if incurred, a -ad shall also provide substantially that the amounts
thereby evidenced may be paid 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 -,.ipon any de-
mand for same; and the collector of taxes shall- depc.sit the sums SO
rcceived by him forthwith. with the City Treasurer to be kept and
held by him in a separFAe fund hereby designated as ._.. . ............. .............
atr.e2t . .................. Street Special Certificate Fund
and when any 4.mount 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.
cred-
itby the holder with tine amount paid.; and such end;Drsement and cied-
it shall be the Treasurer's warrant for making such payment. Pay-
ments by the Treasurer shall ralso be receipted for by the holder of
such certifdcat-cS jr) 'writirp-, and by surrender thereof when the prin-
cipal, together witli accrued interest and all costs of collection
and. reasonable atturzi-ey's fees, 2,f incurred, have been paid in full.
Said -certificates shall further rccitca subs tantial ly that
to !:-, akin. g suer improvements have
ngs �rtrith refeinoc,
p rveru j -
been regularly had -,.n co1jj7,l-,',-,,nce with the lal,v, and that all pre-
requisites to the fixing of the assez,,2ment lien against the pi,op-
erty described _n such cern ficatf..s and the personal liability
Of the owner have been reg
,iilarly done ai'l.d perforrtied, and such
recitals shall be prirrla facie evidence of the facts so recited,
and. no further proof thereof shall be rr:quired in any court.
Said certificates may have coupons attached thereto in evi-
dence of ea,�h or all of the, cveral irsta]Llments thereof, or may
have coupons for each of the first six installment-; which coupons
shall be payable el.ther to I. E. W-hitham and Company or its assigns,
y
or to L. E. Whitham and Comprn,-,j- _r bearer; and such coupons may be
signed either n-I.th the originai or with the facsimile signature of
the Mayor and. City Clerk.
V.
Full power to make and lev,T re -assessments in any case and
to correct mistakes, errors, lniraliditie.,.,, or irregularities; either
in assessmento, o�- certificates issued in evidence thereof, is in
accordance T,vith law, vested in the City.
Vi.
The fact that the improvements herein mentioned are being
delayed. per -ding the effect of this ordinance, and that the condi-
tion of said portion of street endangers the. public health and
safety, constitute's and creates an urgent public necessity requir-
ing that the rules providiric- that ordinances be read at more than
one meeting and. for more than one time be suspcnded, and -1 requiring
that this ordinance be .gassed and take effect as an emerk,ency
measure, and such rules'are accordingly �vspended, and this ordi-
nance is pas.e
ed as an mert-P sure,
a , and. shall be in force and
effect immediately from and after its passage.
Passed and approved this of ............ Aaguat ....................._..._...------
A.
........... --------------A. D. 192A.. -
Attest:-.......................................
Mayor, City of Wichita Falls, Texas.
City Clerk.