Ord 772 6/9/1926f
a
Form No. 9.
ORDINANCE LEVYING ASSESST&ENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
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 DECLARTNG
AN EMERGENCY.
Whereas, the Boa?d of Aldermen
passed on the :. ...................days of _.
ordered the improvement of
t
r
('" . 7
has heretofore by resolution
............ ...... ..... -........1921
in the city of Winr?ta Falls, Texas, b;y ral.sing, grading and fi11-
ing same and _instell.,.ng concrete curbs ar�d ,utters and paving with
one course reinforced concrete, and contract for the making and
construction of ir:;I ,.f vte-tints was let to L. E. Whitham & Com-
show-
pany and the Engineer fi_lcd w!tl t1�?e Ci ty roll or statement ,he
t
ing descriptions of the v1 -,)s-1--1'13 parcels of abutting property, the
amounts to be assessed a a•in t cacti pare --1 of property and showing
other matter:, and t. _nrg-.zrl,a such �,oll or : tatement was examined
and approved; and aft r u :' arid_ i� o;.,)er r utice, hearing a$ gheld
�, , day o f �.: . .
and had; and by rc,-0-1ut! on pay .>c,d °n the
192.6] _.,, all protests and obj ec t;: oils made were overruled and tl�e
said hearing closed, and
WHEREAS, all. other- m a.tt rs ,,,nd thinks necessary and pre-
requisite hereto have been done 3r,d per:'orrn:cd; and the Board of
Aldermen being; of the cr n�.or that t1ne v,, p °rtionment of the costs
hereinbelow mad( and set forth i_7 ,gin suj-)st&,ntial proportion to the
benefits to the z -1�spective p tir<,e .�
c f ab?{tting property in the
enhanced vale the r F of by meunsc of si), ,h crn-pr e~Cety,,anndtis in
accordance with� he yaw 1d �
,r r e ;sed aa.inst such parcels
the amounts hey einbc loliv� 1_�oV��� grid
of property do r. _:t 1-1) ?.nT came xc�t_ed thf• benefits . to such prop-
erty in the enhanced valu(� t'_oreof by means of such improvements,
and that the as(,essm,--;rts so ::hovN,, and mads: d., not exceed the pro-
portions of costs p r Gp;r-1177 c, ,arjeable to ::,uci: property under the
law and charter in f,rcc in this City;
THEREFORE BE IT ORDA-,-L%TFD BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There shall be and :is hereby 7evind and assessed against
each parcel of -propoi-t17 '^e? �inb�7 °"r =r_t _oned ancl. against the
owners thereof thc siims of mone.,r m^ntloned and itemized
and the total amc?nt set d�rcription of each parcel
of property; t1 r, of ral .ac.n . �t ; asr srd a^a�_r;st same, together
,,rith the total. arno_..n.t �cssed, ?'!d t;f= raries of the owners of
such property
Lso for E o kn,)tiro b nes as foll oiv,•; (ADDENDA: Refer
to Street ass(rsmer•t 11„t next ,t.ta h d and made a part hereof.)
II.
The several su,;?s above mentioned assessed against said
parcels of iproperty and the ov"Or' thcrcof, respectively, together
with interest thereon ,at t'10 ,ate of at t (8%) rer cent per annum
.zablo attornn.c;,T's fc(,<, and cost., of collections
together with reaso,
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 imprGvernents, 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 ortion of L. E. Whitham and Company or it.- -s as!.�.ignsf be and be-
come at once due and payable together with reasonable attorney's
fees and costs of coile,,Aion, if incurred, and provided further
that the owners of such property shall nave the right to pay any
or all of tl,e said installments before maturity at any time, by
jayment of principal and interest accrur,,d to the date of payment.
III.
The City of Wichita 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. %qaitham and CoMpany and its as-
-igns shall look solely to such owners for payment of the sums
assessed; but tLe City of Wichita Falls ,hall exercise all of its
lawful powers to aid in the enforcement and collection of said
li.ens and s?. -..ms and personal liabilities; and J_ f default shall be
made in the payInEII-It of any of said sums, collection therefor shall
be enforced eUh.cr by- sale of the property by the tax assessor and
'Y
collector of the City of Wichita Fall -s, as near as possible in the
for �ale of prope-,,-ty for the non-payment of ad -
valorem taxes, or lit the option of the said L. E. Whitham
Co.-apany or its ass.1gris, 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 an(I atteited 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 improvement,,, .hall contaiii the name of the
cxner of the property as accurately r.s possible, shall contain a
description of the property by lot and block number or front feet
thereof, or such other descripti.)n as ma -yr otherwise identify satte;
and if the pr() a
property slia.1 be, o�,np_d I -jy n estate, then the descrip-
tion thereof a.3 so owned shall_ be suffi,_Ient, or if the name of
the C),.,jner cc Unkn?.;wn, then to so state shal.1 be sufficient, and
no err -or oY, mistake in describing ant yircperty or in giving the
nate f ovine ,
sj-.Le..jj. invalidate or In any ,,vise impair any certif-
icate oz_ any ass(�Ssr,,cnt levied by this ordinance.
Fo rni No. 9 . Page 3.
Said certificates s'hal-1 provide substantiallY that if same
b,,, p,, -v -*d pro°!-tptly 1--t-por iriatur.ity, ttt-n they shall be col--
1 o ezeg and cos's of collection
.-ctible :il.t
ih attorney's f
d, �i,nd shall alp o
iincurr,,01 provide substantiall, thiat file amounts
-".' ,
" , 1. P
1,T_-.rebv evidn(-.+ed iia,v be i)a*,.d to tho ccliector of taxes in the
t whcj sl -ail -is�-iue his receipt there -
J t f "'U j'l i t"a 10 a 1 -1. s , T e xr, s
f:r, wllich reJ.pt ca7.1 be ev_idc1i:.-i,,-e of si.ich payment -,A,pon any de-
i,, -j,d for sam!e; �j..nd thi-_ Oollector of tl5i.xes shall deposit the sums so
r�lcrjiv(,=d by him 'orth,,wl_th wi-th the Treasu_,-er to! be kept and
k;,-ld by 1111-,q in =M !(par,,J,I A
te 'i rid herebydesigrated a.,� . ............... ....... ....
.......... .. ........... ... ... .. ......... ...................... Street Special Certificate Fund
No_ ............. . __ ... ......... a.nd when an,V z-1,moi.,.nt sl -all be made to the tax
1 actor" upoll such cerfifdcatcs, he- chrli laprr presentation to him
of the jetifioatle by the,, contractor or other TMolder thereof, endorse
Fadd pa,,,T.!ient t1h(,reon, and I the cortrc.otor or older of si..tch certifi-
,:;ate slInall be entitled to
re c e ive from CJty Trt.:,asurr the amount
paid, upon to him our -In so e-_�-dorsed and credit -
t C, by tb.e, hold(.;r With t;,;. c a-iot.int paid.; and sucend=rsement and cred-
��t jl.-tall be tht� �,,arr(,�,r.t for si,,,ch. pavitient. Pa,,
it
by t -L -e Treasurer shall. also b! r o c. e 21 t e d for by the holder of
V"
i, t
,11 -
C� in �'t,,heri the prin-
., h 1
.,11ertif-i c rYL , t ir. and by- surrender r r e n d e r t
pal, togefb' p- With. accrued interest and all costs of collection
reasonab att,,_,rn,-1y1s f es, 'f hav, benn paid in full.
ceLrt-Ificates s-1,all furtYter recc-Ite substantially that
s
n�
j., fo e t c T-,-la.rg
ki, suc'j imn
proveents have
4 and that all pre-
I-,ad n corp w�tlq the la�w,
q, to Vhe fixing of Ilen against the p. -op -
j 7,,ertificatt::s and t'he r)ersonal liability
-ly done al, d T,erforrned and such
tht, c-11�,,rer have bek-rl rt -,C/ lal
sha--ti b,"'! fac'e vic",enor"4 of the facts o recited,
-"J no furthT- -crocf thereof shall be r!'aquired in any court.
Said. certifi.crD,.tes ma have cnuoors attached thereto in evi-
c,.Len3e of or of the eve,al installments thereof, or may
a-1-. of th- f1rst slx jrct!�11.ment-.�; whliloh coupons
c 0 U ,Aa
t any 'ts assigns,
J U _Lj
�;�11 b I - h_: r to E. li,! and Comp, 0 r I
t T2.
7 ',jlj'l -11,1 ,rn a,iC Tj ', , - -; -U--�d su-�,,h coupons may be
r boo,r_ i. n 3,
i the r %,,r'th th- o'!,-ira'l f) i- Al,ltli_ s--*gnature of
the Mayor and City Clerk.
V.
Fi-A.11_ pcz we r to make; Ftn,J3 le -v re -ass r., s �mer.t s in any case and
4 . -e 'It
d i t. i e;.� or iri -g,,, larities; either
C, r r e � t .ql - S t a."! f S
n
-atl s ssi ecl in evidence t. tor of is in
as essme�_,A�,-� o " c e i'ti OL A
wicordance %tith Ja,,T;, vested. iln the City.
Vi.
The fact that the improvements here -In are being
de_IrL-red pendiri.g the effect )f '(',-hls and that the condi_
t I cD a, l f sa-Ld portion of stroct o-,��idangers the hea-Ith and
safety, con.,_"U.,.Uzj'.e;, arld crc.,,A,s an urgent rji' -
bl'..c necessity requir-
ing that t1le provl,din - that ordinance.;,be read at more than
one meet -Ing a.nd for in,Ore t1lan one time be and requiring
that thl_�, ordinance be. ra.-sed and. take effect as an emergency
measure and d s 1 icli ru I e, ci �i, r c-,� a c c o r, i 11 g 1 7 - S 1, 1 S J_ r7L and this ordi-
nance is pas•>ed as an. emergenc, measurc� and scall be in force and
C) 17 9
effect immediately f, -(-dm and. after its passage.
Passed and approved this ....................da c f....
----------------- ---------
A. D.
Attest:- ................................. - ....................... ...... ........ ........ .....___..
Mayoi•, City of Wichita Falls, Texas.
........................... . ........................ ..............
City Clerk.