Ord 743 4/19/1926r
Form No. 9.
t
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
18TH. 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 Board of Aldermen has heretofore by resolution
passed on the ...171h.................day of ............ Auguz......_......... .._.._19;c....�t.
ordered the improvement of
18th. Street from the 'Nest Property Line of Broad Street to the
West Curb Line of Chester Street.
in the city of Wiciaito 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 suchimprovements was let to L. E. Whitham 8c Com-
pany and the Engineer filed with the City roll or statement show-
ing descriptions of the various parcels of abutting property, the
amounts tca be assessed against each parcel of property and showing
other matters and things; and such roll or ,7tatement was examined
and approved; and after due and proper notice, hearing was held
and had; and by resolution passed on the ...19t~hday of .....Apri.l................
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 boen done and performed; and the Board of
Aldermen being of the opinion that thE% arp,rtionment 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 .mprovements, and is in
accordance with the law and proceeding, of the City, and that
the amounts hereinbelow shown and assessed against such parcels
of property do riot in any case Exceed the benefits to such prop-
erty in the enhanced value thereof by meano of such improvements,
and that the assessments so shown and made d. not exceed the pro
portions of costs p:--operly 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 hereinbelow mentioned and against the
owners thereof the sums of money belavlr mentioned and itemized
and the total amount sed; opposi.t� the description of each parcel
of property; the s-veral amounts assF,,�scd against same, together
with the total amolnt assessed, and t', c> names of the owners of
such property so far as known being as follows; (ADDENDA: Refer
to Street assessment r_110Pf !exf 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 the rate of eilglnt (8J) per cent per annum
together with reasonable attorne Ps fees and costs 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—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 asse2sed 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 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 the said installments before maturity at any time, by
payment of principal and interest accrued to the date of payment.
III.
The City of Wichita Falls shall not be in any manner liable
foz the payment of any sums assessed against any abutting property
or any owner, but the zaid 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 6hall 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 eLther 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. F. Whitham and
Company or its assigns, the payment of said sums and ,raid 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
,riork, which certificates shall be executed by the Mayor in the
name of the City and 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 improvements, shall contain the name of the
owner of the property as accurately as possible, shall contain a
description of the property by lot and block number or front feet
thereof, or such other description as may otherwise identify same;
and if the pro=perty shah be oined by an estate, then the descrip—
tion thereof as so owned shall be sufficient, Ur if the name of
the owner be ,,anknown, then to so state shall be sufficient, and
no error or mistake in describing 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 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 ........_r.._..
ialb..i ...................................••............_...._... Street Special Certificate Fund
No ....... I ........... . . ....... 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 the City Treasurer the amount
paid, upon presenting to him such certificate so endorsed and credit-
ed by the holder with tie amount paid.; and such endorsement and cred-
it shall b1n, tire Treasurer's warr,,j,nt for making such payment. Pay-
ments by the Treasurer shall. also be receipted 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. reaconable attcrriey's fees, if inclurred, have been paid in full.
Said certificates shall further recite substantially that
i jcec,- ings with rcference to making suc."A improvements have
r=cguIa,ly I -,ad .'In 0_0111pli�I,Yice with the lavv, and that all pre-
tI1.
C) t'he fixing of the assessment lien against the p.L'Op-
4-
er-ty desc-jib,,:,�d _t.ri. such (!ert.'_ficaII.,,:, and the person�tl liability
of 1-1.1he owner have beer rep -..i7.arly done and performed, and such
recitals ,,,,hall be prir:ia facie evidence Of thy= facts so recited
e.,,rd n(; further proof thereof shall be required in any court.
Said certificates may have coupons attached thereto in evi-
dence of eaoh or all of the -,-,!everal instailmlents thereof, or may
'(`FtVe coupons for each of the first six 2'ristallments; which coupons
T.,ayablt.,� either to L. E. Wh�.th,.�,m and Company or its assigns
cr to L, E. Whithrim ar)d Compn,ny r bearer; and such coupons may be
signed either with the originai oi- with the fac�simile signature of
the Mayor and City Clerk.
V.
Full power to make and , levy re -assessments in any case and
rr.sI
to correct mistakes, ero
. r-t,aliditieL!, or i rregulari ties; either
11" assessments or cer,tificates issued in evidence thereof,, is in
ancorda,nce with law, vested in the City.
Vi.
The fact that the improvements herein mentioned are being
delayed pe-,n,di,.-1g the effect of this ordinance, and that the condi-
tj,on ,of s,.`.d -[,)o-rtio-,i of street erdangers the public health and
afetY, c n t 1-1 u, t s ai.-d creates an urgent -1 publio necessity requir-
ing that I'llin i'll'I )2cvid,-'Iri:t- that ordinances be read at more than
,ne meeting and for ml,r- than one time be suspended, and requiring
that th-1.3 ordinance br -nassud and take effect as an emergency
ri,,casure 'e..nd sucil. rules are acicordin917 and this ordi-
nance is pas sed as can em1EIrgencnr measure, and shall be in force and
('ffect immediately from and after -its passage.
Passed and approved this A.9th.._..day of ...... Urn .... .........................................
A. D. 192-,.L...
Attest: -
4_t..,gqBro om. Mayor, City of Wichita Falls, Texas.
City