Loading...
Ord 749 4/26/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF SIXTH 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 has heretofore by resolution passed on the ......30th day of ........November.............................._192.5..., ............... ........ ordered the improvement of Sixth Street from the Nest Property Line of Denver Street to the lest Pr)perty Line of Van Buren Street in the city of Wi(,hita 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 of abutting property, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after dui: and proper notice, hearing was held and had; and by resolution passed on the 26.th..... day of _-A.Pri.j........... _. 192.._..6., all protests and objections 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 opinion. that th.e apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced value thereof by means of such improvements, and is in accordance with the law and p,cceedi.ngs of the City, and that the amounts hereinbelow shown and assessed_ against such parcels of property do not in any case (-xceed th benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so howi-I and made d,: not exceed the pro- portions of costs properly cLL-aargeable to such property under the law and charter in f)ree in this City; THEREFORE BE IT ORDATN.ED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be and is hereby levied and assessed against each parcel of proper•tir hereinbelow ii:ient Loned and against the owners thereof the sums of money below mentioned and itemized and the total amount set orrnosi.te the description of each parcel of property; the several amounts assn._ scd aai.nst same, together with the total amoaint assessed, and t:ie names of the owners of such property so far as known bein T as follows; (ADDENDA: Refer to Street assessment s'neet next '�.tta,;lied and made a part hereof.) II. The several suns above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8f) per cent per annum together with reasonable attorney's fees and cost:3 of collections, F ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF SIXTH 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 has heretofore by resolution passed on the ......30th day of ........November.............................._192.5..., ............... ........ ordered the improvement of Sixth Street from the Nest Property Line of Denver Street to the lest Pr)perty Line of Van Buren Street in the city of Wi(,hita 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 of abutting property, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after dui: and proper notice, hearing was held and had; and by resolution passed on the 26.th..... day of _-A.Pri.j........... _. 192.._..6., all protests and objections 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 opinion. that th.e apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced value thereof by means of such improvements, and is in accordance with the law and p,cceedi.ngs of the City, and that the amounts hereinbelow shown and assessed_ against such parcels of property do not in any case (-xceed th benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so howi-I and made d,: not exceed the pro- portions of costs properly cLL-aargeable to such property under the law and charter in f)ree in this City; THEREFORE BE IT ORDATN.ED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be and is hereby levied and assessed against each parcel of proper•tir hereinbelow ii:ient Loned and against the owners thereof the sums of money below mentioned and itemized and the total amount set orrnosi.te the description of each parcel of property; the several amounts assn._ scd aai.nst same, together with the total amoaint assessed, and t:ie names of the owners of such property so far as known bein T as follows; (ADDENDA: Refer to Street assessment s'neet next '�.tta,;lied and made a part hereof.) II. The several suns above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8f) per cent per annum together with reasonable attorney's fees and cost:3 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 assessement 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 collection, if incurred, and provided further that the owners of such property shall have the right to pay any or all of t'ie said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. 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 raid L. E. Whitham and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed; but the C..ty of Wichita Falls -,hall exercise all of its lawful powers to aid in the enforcement and collection of said liens and slams 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 rale 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 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 ofir.terest, and the date of completion and acceptance of the improvements, shall contain the name of the owner of the property as accurately as possible, shall contain a d,,.-scription 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°;,e'ned by an estate, then the descrip- tion thereof as so owned shall be sufficient, cr if the name of the owner- be unknown, then to so state shall be sufficient, and no error or, mistake in describing anY property or =n giving the name of owner•, shall invalidate or in any wise impair anrT certif- icate of any assessrent levied by this ordinance. Form No. 0. Page 3. Said certificates shall provide substantially that if same shall not be paid promptly upon 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 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 by him in a separate fund hereby designated as __.. .................... ......................................... Street Special Certificate Fund No..........................__.t.................._.; and when any amount shall be made to the tax collector upon such certificates, he shell 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 by the holder with the amount paid; and such endorsement and cred- it shall be the Treasurer's warrent for making such payment. Pay- ments by the Treasurer shall also be recei..pted for by the holder of such certificates in writing, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that a 1.1 proceedings with reference to making such improvements have been regularly had in compli44n.ce with the law, and that all pre- requisites to the fixing of the assessment Lien against the prop- erty described in such oert_ficates and the personal liability of the owner have been regularly done and performed, and such recitals shall be prima facie evidence of the facts so recited, arid no 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 -evera.l installments thereof, or may have coupons for each of the first six installments; which coupons shall be payable, either to L. E. Whitha,m and Company or its assigns, or to L. E. Whitham and Company :r bearer; and such coupons may be signed either with the originai or with 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, in-aliditie.-3, or irregularities; either in assessments o�^ ce°,,tificates issued in evidence thereof, is in accordance with law, vested in the City. VI. The fact that the improvements herein men dined are being dola.y=ed pending the effect of this ordinance, and that the condi--- ti to of said .onion of street ersdan ,ers the pub 1.i.c health and afe,t ; , ccnst� t i.t e and - oates an urgent public necessity requir- in�; that the rz)les, providinrr that ordinances be read at more than one meeti.n.,7. a.nd_ for mor,', than one time be su.sn1'rded, and requiring that th _'. ord narLCe bc= rcassed and ta,ire effe^t as an emer-ency measure, and such rules are accordingly ^uspended, and this ordi- n,-•nce is p.:>.s.sed. az ).n umcrgency measure=, and shall be in force and ff�ct immediately from and after its passage. Passed and approved this ..26th......day of ...... .......... APr.9....... ............... ........... A, D. 192....L. Attest:- (Sined)m:�. E. Shepherd. �T. E.R�CBroo�. Mayor, City of Wichita Falls Texas . (igna3j.._...- City Clerk.