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Ord 798 8/9/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF NORTH FIFTH 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 Board of Aldermen h=is heretofore by resolution passed on the .....l9th...............d.ayy of ......... ...April_ ................. ......... _.......---- _192.......6, ordered the improvement of North Fifth Street from the best Curb Line of Grand Avenue to the nest Curb Line of Brook Avenue. in the city of Wi.nhita, Fall;:, Texas, by raising, grading and fill- ing same and installinkT concrete curb-,., and gutters and paving with one course reinforced concrete, and contract for the making and construction of such irrrpnvercent wa.-3 let to L. E. Whitham & Com- pany and the Engineer fi.1(d grit'. tl e Citi roll or statement show- ing descriptions of the vrj.rl :,us parcells cf abutting property, the amounts to be assessc!d eac} 1sa.rcel of property and showing other matter6 and +pings; Eznd such u1]_ or ,I,tatement was examined and approved; and after cu, and r)roc r r ncstice, hearing was held and had; and by resuluti on pass= -,d on the 2.61,h........day of ....s'L11Y........ ..... ....... 192...A., all protests and obj ec-ti.ons rnade Frere overruled and the said hearing closed; and WHEREAS, all other rlatt 5 -s t:lnd things necessary and pre- requisite hereto have bye,, dor!c ar,d per -formed; and the Board of Aldermen being of the opr Y,ion that t'rF a p,)rtionment of the costs hereinbelow made and �>f-,t forth is n subs tanti al proportion to the benefits to the respect _ve par(�el.s of abutting property in the enhanced value thereof by rrte tns rf suer_ ._mpr-ove:ments, and is in accordance with the law and. p.- ')ccedi.ng- of the City, and that the amounts hereinbclow sho,7;, and �,sse;-sed a;;s;G,inst such parcels of property do n�.;t in any _ase x ceed be, let'i is to such prop- erty in the enhanced val'i t11erF 0f b T r earns of such improvements, and that the assessmi nts so hosrlsi and rr'ade d. not exceed the pro- portions of costs p opF rl l.ar e a b 1 e to :;ucl, property under the law and charter in f >rce in .1.11 -is City; THERuFOPE BE IT ORDS N D BV THE BOARD OF ALDERMEN OF THE CITY OF 7TICHITA FALLS, TESLAS, THAT: I. There shall be aril 1s. hereby' l evi ed. and assessed against each parcel of prop- rty rent*_oned. and against the owners thereof thc=, urs s = f rcne, b. 1 c, ,� :T nti oned and itemized and the total a,nol,r_nt ;;e' description of each parcel s of property; thc: , venal c;,rri^�-ntti: asr c d agair_st , sametogether with the total r-ono-Lnt +'i } err. s of the owners of such property so far v n b Yrs; as fol'_,o,v:r; (ADDENDA: Refer to Street a,sse, ��- rrner.t 'i txi:, t,t�� ', ;d and made a part hereof.) II. ed against said The several s1:i."�ra above merit'l o:re�, assessed parcels of property and the, ow:ler�i th reof, respectively, together with interest thereon at r,,Lte of eig•}rt (8f) per cent per annum together with reasoaablc attor re; ' ; fo�s and co --t;- 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 I- and the said lien shall be and constitute a first enforce not, 11 property on which assessment is levied, able claim again,A the p - and shall be the first and paramount lien thereon, superior to county, anmunicipal all other liens and claims �halltbe taxes, and the sums so assessed payable asd follows to -wit'. In six equal. installments (annual), due respectively on or before the date of completion, one, two, thre ep 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 0-ction 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 colle , ction if Jncurred, and provided further that the owners of such property shall i1ave the right to pay any or all of the 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 foi 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 City of Wichita Falls :hall exercise all of its lawful mowers to aid in the enforcement and collection of said liens and sillms 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 collecj:,or 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 L, E. Whitham and Company or its assigns, the payment of said sums and said liens and litibilities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed C:) 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 coyIpletion 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, anal shall declare-, the said amounts, time and terms of payment, and the rate of interest, and the date of completion and acceptance of the improvement,31 shall contair the name of the ogner of the property as accuratel-I )r as possible, shall contain a description of the property by lot and block number, or front feet thereof, or such other description as may otherwise- identify same; and if the property sha-i be o,:�ncd by an estate, then the descrip- tion tl-,ereof as so owned shall_ be sufficient, ,r if the name of the owner b, unknown, then to so state shall be sufficient, and no error or mistake in Cescribing an,,r property or in giving the e c,�­ se impair an, certif- icate o f owne-fshall invalidate in any wi icate o -i. any assessment leviedbY this ordinance. Form No. 9. Page 3. Said certificates .1-11.1 provide substantially that if same shall not be paid pro,aptly "Pon maturity, thEn they shall be col- lectible with reasonable attorney's fees and costs of collection if incurred nd shall at the amounts all a]-qo provide substantiallY that tliereb-,T evidenced may bepa*:..d to the collector of taxes in the City of 'Lichita Falls, Texas, who shall is.,;ue his receipt there - f --,r, which receipt shall be evidence of such payment upon any de - in, -rid for same, and the collector of taxes shall deposit the sums SO received by him forthwith wit,t1i _e City Treasurer to be kept and h,,--,ld by him in a 2erarate fund hereby designated as .................................... North Fifth Street Special Certificate Fund ...... ............................... pnt shall be made to the tax ; and �lihen an,�, -.mo c(,l..Jector upor such certificates, he shall upon presentation to him of the certificate by the contrac':'or or other holder thereof, endorse said payment thereon, and the contractor, or holder of such certifi- cate shall be entitled. to receive from thr: City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with tl'ie amount paid; and such end.)rsement and cred- it shall be the Treasurer's varrant for niaking such payinent. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates jy, writi-n- and b,,y surrender thereof when the prin- cj t �% costs of collection -pal, together with accrued interest and all c'If incurred have been paid in full. and reasonable attorney's fees, - 0 Said certificates stall further reu-Lte substantially that all proceedings with refere n0e to r'iaking sucli improvements have been regularly had --;,n com-oli,:,Tice with the law, and that all pre- reqasites to the fixing of the a=ent lien against the prop— erty described in such certificates and the personal li.ability of the owner have beer larly done and. rerforried, and such recitals shall. be pririia facie evidence of the facts so recited, and net further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence dence of ea. -h or all of the : eve.' al -.1-nstailm , en is thereof, or may have coupons for each fl.1-St S4X of the installments, which coupons :hall be -rayl,ble either to L. E. Whitham and Company or its assigns, or to L. E. Whithnm and, Compan,,,, r beci..relr; and such coupons may be signed either w'lth the origina., or with the fa(�simile signature of the Mayor and City Clerk. V. Full power to make and lev,,7 re—assessments in any Case and to correct mistakes, errors, -=,o,lAditiei:.,, Or irregularities; either in assessments o,- certificates j.ssued in eviderce t.nereof, is in accordance ,�nith 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 pot -tion of street endangers the public health and safety, constitutes and creates an -urgent pi;,.blic necessity requir— ing than. hathe rules -nrovidin-,cr that ordinances be read at more than one ting and for -more than one time be suspended, and : requiring 7� I -,,:-ency that this ordinance be _.Ussed and take effect as an emer measure and such rules are accordingly suspended, and. this ordi— nance is passed as e,n emergenc,r measure, and shall be in force effect immediately from and after its passage. Passed and approved this ... Zfith,,-..day of._...__..JUl'V ......................................... A. D. E Attest:— . ........t. Shepherd ....................... ... - Mayor, City of Wichita Falls, Texas. City Clerk.