Loading...
Ord 751 4/26/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF VAN BUREN 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 GF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Board of Aldermen has heretofore by resolution passed on the ... 4 h.* ..............day of......xoKera.be.r ........................._...._ ..192.....6 - ordered the improvement of Van Buren Street from the South Property Line of Eighth Street to the North Property Line of Ninth Street. 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 concrete, and contract for the making and construction of such improverrenta 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 of abutting property, the amounts to be assessed ag�,�inst each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after duo and proper notAV" hearing was held and had; and by resolution passed on ',he .�g�....day of ....,A.pxi1 .............. 192...6...., all protests and objections Trade were overruled and the said hearing closed; and WHEREAS, all other matters and things necessary and pre- requisite hereto have been done: and pe rforrried; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set fc)rth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced value thereof by means of such improverzents, and is in accordance with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do not in any case i,xceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so shown and rade 1_, not exceed the pro- portions of costs properly chargeable to such property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be ani is hereby levied. and assessed against each parcel of property herein:below Yientioned and against the owners thereof the sums of money belo,,xr mentioned and itemized and the total a --mount set opr)csi.to the description of each parcel of property; the sc-veral amounts assF,Ssed against same, together Frith the total amount assessed, c:d. tx�e names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment ;sheet next attac',ied and made a part hereof.) II. The several su)r.s above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8f).er cent per annum together with reasc�able attorney's fees and costs of collections, f Form #9 Page 2. if incurred, are hereby declared to be and made a�lieeare as ohe respective parcels of property against which the m sess- 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 -wits 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 as�.igns, 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 nave the right to pay any or all of tie said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wic+hita 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 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 :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 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 ,Ajork, which certificates shall be executed by the Mayor in the name of the City and attEvoted 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 i.mprovement�:,, shall contair the name of the oyvner of the property as accunately as possible, shall contain a description of the property by lot and block number or front feet thereof, or such other desc;riptic;n as may otherwise identify same; and if the property sha i be o9,�Jned by an estate, then the descrip- tion thereof as so owned shall be sufficient, or if the name of the otrjner be unknown, then to so state shall. be sufficient, and no error or mistake in c;escribing 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 shad not be paid promptly upon maturity, then they shall be col- :l.ectible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby evidenced may by 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 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 byYa imBuren sseparate fund hereby designated as .. ...._._......................_................_.........................................-. Street Special Certificate Fund No............._...._....�......................; 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 th6l City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with the amount paid; and such endorsement and cred- it shall be the Treasurer's warrant for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writir.F, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fres, 'f incurred, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to laking suck improvements have been regularly had in compliance with the Taw, and that all pre- req�i.sites to the fixing of the asse.oment lien against the prop- erty described. in such certificates and the personal liability of the ovane:r have been reg,,Iarly done and. performed, and such recitals shall be prima facie evidences of the facts so recited, and n( further proof thereof shall. be required in any court. Said certificates may have coupons attached thereto in evi- dence of each or all of the -everal instailments thereof, or may have coupons for each of the first six installments; which coupons shall be i;a.y able: either to L. E. Cahitham and Company or its assigns, or to L. E. Whitham and Como any cr bearer; and such coupons may be sR ,ned either wl th the origi.naa. or w.-, t the facsimile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invalidities, or irregularities; either in assessment: o- ces-tificates issued in evidence thereof, is in ancordance Wraith law, vested in the City. VI. The fact that the improvements herein mentioned are being cir l_ a;gyred pending the effect of this ordinance, and that the condi- tion of said portion of street en -dangers the public health and :tfety, consti.tul r_.�; and creates ars urgent public necessity requir- i ZD 7 that the rtal.t;.1 Prov idir, , that ordinances be read at more than n mu�.tir�n and for mor:_. than one time be suspended, and requiring th<�,t thi;, ordinance b, ,gassed and tape effect as an emergency mega. urC. and ouch rules are accordinglsr OUZOp^ncled., and this ordi— nance is pawed as an emergency meu.sure, and shall be in force and ffect immediately from and after its assage„ 2(j Pa ;sed. anal approved this of......Pril............................. _..�..... A. D. 192..x..-_ . Attest:- ... f.•.....It...�_epbe xd......_........__......._........... (Si fined j ... E. McBroom.Mayors City of Wichita Falls, Texas. .,......_........ City Clerk.