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Ord 739 4/12/1926j e � ORDINANCE N0. -- SPECIAL ORDINANCE AMENDING ORDINANCE NO. 707 LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE M. IN THE CITY OF WICHITA FALLS? TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND 7HE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSM&NTS, AND FOR THE ISSUANCE OF ASSIGNI ABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Board of Aldermen has heretofore by resolution passet on the 28th. day of September 1925, ordered the im- provement of Avenue M from the pavement of Grant Street to the Last Property Line of Fairview Boulevard in the city of Wichita Falls, Texas, by raising, grading and filling same and installing concrete curbs and gutters and paving with one course reinforcedconcrete, and contract for the making and construction of such improvements was let to L. E. Whitham & Company and the Engineer filed with the City roll or statement showing description of the various parcels of abutting property, the amounts to be as- sessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the 16th. day of February, 1926, all protests and objections made were over- ruled and the said hearing closed; and WHEREAS, aye in due and legal form after taking the necessary procedure as required by law and the Charter of the City of Wichita Falls, Tnae,,Lthe Board of Alderman on the 15th. day of February; passed and approved Ordinance Number 707, setting forth the various parcels of property on said portion of said street, showing the respective owners of the same and levying an assessment for part of the cost of improving said portion of said street thereby fix- ing a charge and lien against abutting property, and the owners thereof, and providing for the collection of such aseeqjsments, and for the issuance of assignable certificates, and Whereas, due to the recent change in the description of part of the property located on said street and contained in that portion thereof to be benefitted by said paving im- provements, the change in ownership of part of said property and the dedication of a plat setting forth the new descrip- tion of a portion of said property on said street whip&h said plat is duly filed in Wichita County, Texas. NOW THEREFORE, it becomes necessary to amend the said ordinance above numbered, insofar as the same applies to the property hereinafter described and set forth due to the change in the description thereof, and the change in the width of the respective ldits abutting that portion of said street herein described. This amendment shall not be con- strued and shall not operate to change or effect the original ordinance above mentioned in any way except as herein set forth and shall apply only to the property and the owners thereof hereinafter mentioned and not to other property and the owners thereof on said street not effected by the above mentioned plat and dedication, and the said ordinance shall in all other things remain and be in full force and effect as it was originally passed b,,, the Board of Aldermen. SHEREAS, all other matters and things necessary and prerequisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the apportion- ment of the costs hereinbelow made and set forthis in substantial proportion to the benefits to the resnedtive parcels of abutting property in the enhanced value there- of by means of such improvements, and is in accordance with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed against such par- cels of property do not in any case exceed the benefits to such property in the enhanced value thereof by means of such improvements, and that the assessments so shown and made do not exceed the proportions of costs properly charge- able to such property under the law and charter in force in this City; THEREFORE BE IT OR?`ATNED BY THE BOARD OF ALDERr MEN OF THE CITY OF WICHITA FALLS; TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of money below mention- ed and itemized and the total amount set opposite the des- cription of each parcel of property; the several amounts assessed against same, together with the total amount assessed, and the names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment sheet next attached and made a part hereof.) II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respective- ly, together with interest thereon at the rate of eight (8f) per cent per annum together with reasonable attorney's fees and costa of collections, if incurred, are hereby de- clared to be and made a lien upon the respective parcels of property against which the same are assessed and a personal liability and charge against the real and true owners of such prorerty, whether such owners be named herein or not, and the said lien shall be and constitute a first enforceable 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, payable 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 assess- ment upon which default is made &hall, at the option of L. E. Whitham and Company or its assigns, be and become 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. The City of Wichita balls shall not be in any manner liable for the paymext of any sums assessed against any abutting property or any owner, but the said L. E. Whit - ham and Company and its assigns shall look solely to such owners for payment of the sums assessed; but the City of 'ovichita Falls shall 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 sake of the property by the tax assessor and collector of the Cit_, of Wichita Falls, as near as possible in the manner provided for sale of proper- ty for the non-payment of advalorem taxes, or at the option of the said L. E. Whitham and Company or its assigns, the payment of said sums and slid 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 corporation seal, and shall be payable to L. E. Whitham and Company or its assigns, and shall de- clare 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 otherwist identify same; and if the property shall be owned by an estate, then the description thereof as so owned shall be sufficient, or 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 in giving the name of owner, shall invalidate or in any wise impair any certificate or any assessment levi .d by this ordinance. Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costa of collection if incurred, and shall also provide su.. - stantially 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 therefor, which reeeipt shall be evidence of such payment upon any demand 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 seperate fund hereby designated as Avenue M. Special Certificate No. 1; and when any amvo-,: � �='<.11 be made to the tax collector upon such certificate:, h$:shall upon presenta- tion to him of the certificate by the contractor or other holder thereof, endorse said payment thereon, and the con- tractor or holder of such certificate shall be entitled to receive from the City Treasurer the amount paid, upon pre- senting to him such certificate so endorsed and credited by the holder with the amount paid; and such endorsement and credit shall be the Treasurer's warrant for making such pay- ment. Payments by the Treasurer shall also be receilated for by the holder of such certificates in writing, and by surrend- er thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred, have been paid in full. Said cert _ficate shall further recite substantially that all proceedings with reference to making such improvements have been regularly had in compliance with the law, and tYjst all prerequisites to the fixing of the assessment lien against the property described in such certificates 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, and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in ev#dence of each or all of the several installments thereof, or me3i have coupons for each of the first six in- stallments; which coupons shall be payable eithe�h o L. E. and Nhitham and Company or its assigns, or to L. E. Company or bearer; and such coupons may be signed either with the original 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, invalidities , or irregu- larities; hereof her iain accorcance withcertificates law, vestedud in in the evidence the , is City. VI. The fact that the improvements herein mentioned are being delayed pending the effedt of this ordinance, and that the condition of said portion of street endangers the public health and safety, constitu6ea and creates an urgent public necessity requiring that the rules providing that ordinances be read at more than one meeting and for more than one time be suspended, and requiringthat this ordinance be passed and take effect as an emergency measure, and such rules are accordingly suspended, and this ordinance is passed as an emergency measure, and shall be in foree and effect immediately/ and ofr it passage. FasseA and approved this day of A. D. 1926. Attest: - (Signed) R. E. Shepherd. _ Mayor, City of Wichita Falls, Texas. (Signed) iA. E. McBroom. 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