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Ord 785 6/21/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF ELIZABETH 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, AND DECLARING AN EMERGENCY, Whereas, the Boa;d of Aldermen has heretofore by resolution passed on the ..........$t.$..............day of ......... Mareh ._.-19�..6...� ... ordered the improvement of ...... Elizabeth Street from the West Line of Lot 1, Block 6,. Spivey Addition to Nest Curb Line Holliday Street. in the city of Wichita Falls, Texas, by raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for the making and construction of such improvements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parcels cf abutting property, the amounts to be assessed against each parcel of property and showing other matter; and things; and such roll or ,,tatement was examined and approved; and after due and proper notice, hearing was held and had; and by reso7_ut.ion passed on. the ..2lst.day of ...._&D.@ 192...6.., all protests and obj ectiona made were overruled and the said hearing closed; and WHEREAS, all other- matters and things necessary and pre- requisite hereto have; been done- and performed; and the Board of Aldermen being of the opi.r,ion that thc> a,ap:}rtionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective par,el.s of abutting property in the enhanced va,l; e ther(of by mear's of such arnprovements, and is in accordance with the law and p,-occ!edingo of the City, and that the amounts her einbF low sl-�o;,_ri and �t-sessed. against such parcels of property do n ,t in any case t xcc:ed. the, benefits to such prop- erty in the enhanced vaiu�i th e re o r by means of such improvements, and that the as.essraunts so :=hover: and made d. not exceed the pro- portions of costs p r oporl,; cl.argeable to such property under the law and charter in f)rco in this City; THEREFORE BE IT ORDAINED BY THE BO. -'LRD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an? is hereby levied and assessed against each parcel of property hereinbelow r.:enti_oned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts asse_,,sed against same, together with the total amount assessed, and. t:;.r: )-.ames of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment sheetnext attached and made a part hereof.) II. The several suras above mentioned assessed against said parcels of property and t'ne olrnlers thereof, respectively, together with interest thereon at the rate of eZ.7h.t (8J) :ger cent per annum together with -reaso.�ablr. attorney's fans and cost::, of collections, l•[�.!" � ;�� Vii: t r Whereas, the Boa;d of Aldermen has heretofore by resolution passed on the ..........$t.$..............day of ......... Mareh ._.-19�..6...� ... ordered the improvement of ...... Elizabeth Street from the West Line of Lot 1, Block 6,. Spivey Addition to Nest Curb Line Holliday Street. in the city of Wichita Falls, Texas, by raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for the making and construction of such improvements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parcels cf abutting property, the amounts to be assessed against each parcel of property and showing other matter; and things; and such roll or ,,tatement was examined and approved; and after due and proper notice, hearing was held and had; and by reso7_ut.ion passed on. the ..2lst.day of ...._&D.@ 192...6.., all protests and obj ectiona made were overruled and the said hearing closed; and WHEREAS, all other- matters and things necessary and pre- requisite hereto have; been done- and performed; and the Board of Aldermen being of the opi.r,ion that thc> a,ap:}rtionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective par,el.s of abutting property in the enhanced va,l; e ther(of by mear's of such arnprovements, and is in accordance with the law and p,-occ!edingo of the City, and that the amounts her einbF low sl-�o;,_ri and �t-sessed. against such parcels of property do n ,t in any case t xcc:ed. the, benefits to such prop- erty in the enhanced vaiu�i th e re o r by means of such improvements, and that the as.essraunts so :=hover: and made d. not exceed the pro- portions of costs p r oporl,; cl.argeable to such property under the law and charter in f)rco in this City; THEREFORE BE IT ORDAINED BY THE BO. -'LRD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an? is hereby levied and assessed against each parcel of property hereinbelow r.:enti_oned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts asse_,,sed against same, together with the total amount assessed, and. t:;.r: )-.ames of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment sheetnext attached and made a part hereof.) II. The several suras above mentioned assessed against said parcels of property and t'ne olrnlers thereof, respectively, together with interest thereon at the rate of eZ.7h.t (8J) :ger cent per annum together with -reaso.�ablr. attorney's fans 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, wad 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 option of L. E. Whitham and Company or its asigns, 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 f oz the payment of any sures 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 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 gale of property for the non—payment of ad— valorem taxes, or at the ontion 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 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 shall. declare the said amounts, time and terms of payment, and the rate of interest, and the date of completion and acceptance of the improvements, shall contair the name of the owner of the property as accurately as possible, shall contain a description of the property by lot andblock number cr front feet therr,of, or such other description as may otherwise identify same; and if the property shay -'L be o: ncd by an estate, then the descrip— tion thereof as so owned shallbe sufficient, ,r if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in c,escr_bing any property or in giving the name of owner, shall invalidate or in any wise impair any certif— icate or any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid prciptly upor 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 thereby evidenced may be paid to the collector of taxes in the City of Wichita Falls, Texas, who Vall 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 by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated as ............. Street Special Certificate Fund and when any amount 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 thy: City Treasurer the amount paid, upon presenting to him ouch certificate so endorsed and credit- ed by the holder with the amount paid; and svch end)rsement and cred- it shall be the Treasurer's warrant for making such payment. Pay- ments by the Treasurer shall also be recelpted for by the holder of such certificates A writinF, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, if inoured, have been paid in full. Said certificates shall further reAto substantially that all proceedings with referpnce to making such improvements have been regularly had in complionce with the law, and that all pre- requisites to the fixing of the assenoment lien against the prop- erty described in such certificates and the personal liability of the owner have beer regvlarly done and performed, and such recitals shall be prima facie n evidece 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 ea3h or all of the Ppveral installments thereof, or may have coupons for each of the first six installments; which coupons shall be payable either to L. E. kith itham and Company or its assigns, or to L, E. Whitham and Compnny r bearer; and such coupons may be signed either with the originai on with the fansimile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, orrors, Jryaliditie�, or irregularities; either in assessments oz certificates issued in evidence tnereof, is in accordance 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, constitutes and creates an urgent public necessity requir- ing that the rules providinn that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that thi8 ordinance be passed and take effect as an emergency measure, and such rules are accordingly susponded, and this ordi- nance is passed as an emergency measure, and shall be in force and effect immediately from and after its passage. Passed and approved this A, D. 192..-0-.. ...... ...................... .... Attest: - (Signed) A E. MbBroom. Mayon, City of Wichita Falls, Texas, .. ........ . ........... .................. .............. ........................ City Clerk.