Ord 745 4/19/1926Vorm No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
AVENUE F 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 ..-
7th..............day of .......... Aa!0.etmksax............. .....
....._..._ .192..x....,
ordered the improvement of
Avenue F from the Nest Property Line of Monroe Street to
the East Property Line of Polk Street.
in the city of Wichita Falls, Texas, b,,r raising, grading and fill-
irig same and installing concrete curbs and gutters and paving with
one course reinforced concrete, and contract for themaking
& and
construction of such improvements ;vas let to L. E.
Com-
pany and the Engineer filed with the City .roll or statement show -
ng 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 °vtatement was examined
and approved; and after due and proper notice, hearing was held
and had; and by resol.uti.on passed on the
I;gh....day of .a.pril..........__....
192,_,6..0 all protests and cbj ecti.ons made were overruled and the
said hearing closed; and
WHEREAS, all other matters �.nd things necessary and pre-
requisite hereto have been nth atdtp�fax�pmraionmenteand hofBthe costs
oard of
Aldermen being of the opinion
hereinbelow made and set forth is in substantial proportion to the
rcels of abutting property in the
benefits to the respective pa
enhanced value thereof by means of such improvements, and is in
accordance with the law and p.cceedings of the City, and that
the amounts hereinbelow shown and assessed against such parcels
of property do not in any case Exceed the benefits to such prop-
erty in the enhanced value thereof by means of such improvements,
and that the assessments so show -i-, and made d_ not exceed the pro-
portions of costs DOP(')-l:y cliargeable 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 and is hereby levied and assessed against
each parcel of propert,, hereinbelow mentioned and against the
owners thereof the sums of money below montioned and itemized
and the total amount set op-0cs.-te: the description of each parcel
of property; tr . sf-veral amounts ass,,ssed against same, together
With the total amount a;,scssed, ,and t',. names of the owners of
such property so far as known be -ng as follows; (ADDENDA: Refer
to Street asscssrnent sheet next attached and made a part hereof.)
II.
The several sums above mentioned. assessed against said
parcels of property and the owners thereof, respectively, together
with interest thereon at t'ne rate of ePub (8%) per cent per annum
of collections,
together with reasonable attorney's fees and costs
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 -Witt
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
e at the rate provided, pay -
date such completion
installment, sand provided that if default annually w
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 crave the right to pay any
or all of t1je sadn&ndlzmterestbefore
accruedmaturity
theadateany
ofipayment.
by
payment of principal
III.
The City of Wichita Falls shall not be in any manner liable
fox the payment of any surras 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 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 paid liens
and liabilities shall be enforced in any court having jurisdiction.
IV.
For the purpose of evidencing the
ersaeve�aalthems assessed
owners thereof,
against said parcels of abutting property to aid in the enforcement
and the time and terms of payment,
thereof, assignable certificates shall be issued by the City of
Wichita Falls, Texas upon the completion and acceptance of the
,nork, which certificates shall
b eth�eCitedby the wiMthythein the
name of the city and atteited y Y Clerk
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 �.mprovement , shall conta,ir! the name of the
owner of the property as acciarately as possible, shall contain a
description of the property by lot and block number or front feet
r description as ma;,r otherwise identify same
thereof, or such othe;
and if the property sha_l. be o.,,�med by an estate, then the descrip-
of
tion thereof' as so owned shall be sufficient,bersuffiif cientT,eand
the owner be unknown, then to so stat or in giving the
no error or mistake in c'escr.bing any -property
name of owner, shall invalidate or in any wise impair anir certif-
icate or any assessn'ent levied by this ordinance.
Form No. 9. Page 3.
Said certificates shall provide substantially that if same
shall not be paid promptly upon maturity, then they shall be col-
1.ectible with reasonable attorney's fees and costs of collection
if incurred, and shall also provide substantially that the amounts
thereb,v evidenced may be paid to the collo.ctor of taxes in the
City of +Rohita Falls, Texas, who shall issue his receipt there-
for, which receipt shall be evidence of such payment upon any de-
uland 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 ... ..... .............. .............
.....•..... ...X104.11 ................................................. Street Special Certificate Fund
No..._..................... /............ �...._. ; and when any E.molant 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 pa;-ment thereon, and the contractor or )~older 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 tlr�e arpount paid; and such endorsement and cred-
it shall by the Treasurer's warrant for making such payment. Pay-
riir nts by the Treasurer shall also be receipted for by the holder of
such certificates in writing, and by surrender thereof when the prin-
c,ipal, tot"oflnr:!r with accrued i_ntere st and all costs of collection
and. reasonable att,. rney's fees, If incurred, have been paid in full.
Said certificates s,r_•.all further rcoi.te substantially that
:1,11 pro:-ce(,,ulngs wit'n reference to waking sucl1 improvements have
be i) nelfzularly liad In compl:i..�nce with the law, and that all pre -
r to the fixing of the arse.smerrt lien against the p op-
�:r -i.n such certificates and the personal liability
of the Danes have been re gi larly done and performed, and such
recitals shell be pric,a facie evidence, of the facts so recited,
t� .a n, furth� proof thereof shall be required i . any court.
;aid certificates may have coupors attached thereto in evi-
dence of. ear ;h or all of the 1everal insta.Llments thereof, or may
tii . e ccu . f o rs fo • each of th first sir, installments; which coupons
<
shall be i:@'-rab7 a either to L. E. Wh- them a --id- Company or its assigns,
or to L. E. Whithem rind Compr,n;Y.; . r bearer; and such coupons may be
sat`,,ied either
t}7 o. zg1ra-L oz, with the facsin le signature of
the Mayor and City Clerk.
V.
Full_ power to make and levy re -assessments in any case and
to correct mista?� s, r'rot-s, i.n7raj-i.ditie I car irregularities; either
-tri, assessmc,nts o:- certificates issued in evidence tnereof, is in
ai-cordan.ce ��ith law, vested. in the City.
Vi.
The fact that the -improvements herein mer!ti)ned are being
d, -,:i. Lyed. per.di_ m the effect of this ordi.nanoe, and that the condi-
a .c.n of jj
_.d. po.rti.oa of street e,idangers the public health and
;o.:['et,r, eonti_tU-1;e:. acrd creates an urge
nt pl;blic necessity requir-
ing th.!i.t 4h -t-ole- nrov,.din-�- that crdznances be read at more than
one rneetlnT ..jn1 for r - t, n one time be siaspen.ded, and requiring
that thi.: ord ina.ncc o ~Iassed arld to ,e effect as an emerF--;ency
nd.ed and this ordi-
r easurc , a,nc'� sucln rut.('s ire We ^ordl gl � r sp ,
r,ance is pas q�ed as an em6rge-IcIY mr asurf:, axil shall be in force and
;i f f ec t imr: edl ately from and after its passage.
Passed and approved this .... jkt _...daT,T of,...... ._........................._ ...........
A. D. 1924......
Attest:- . ....................................
Mayor-, City of Wichita Falls, Teras.
E.�...McBroom.. .......
City Clerk.