Ord 738 4/12/1926ORDINANCE N0.
SPECIAL ORDINANCE Ai113NDING ORDINANCE NO. 710
LEVYING ASSESSMENT FOR PART OF THE COST OF
IMPROVING A PORTION OF AVE1%M 0. IN TIE 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 neretoiore by resolution
passed on the 19th day of October, A.D. 1925 oraerea trie iuipx•uvement
or
Avenue 0. from the pavement of Grant Street to the East Curb
Line of Santa Fe. Avenue.
in the city of Wichita Falls, Texas, by raising, gracing and fill-
ing same and installing concrete curbs and gutters and paving with
one coui:•se reinrurcea concrete, and contract for the making and
construction or such improvements was let to L.E.Wriitnam & Co,apany
ana the Engineer filed with the City roll or statement snowing de-
scriptions of the various parcels of abutting property, the amounts
to be assessed against each parcel or property ana snowing otner
matters ana tiiiiigs; and such roll or statement was exaw-Liiea and
approved; ana anter clue ana proper notice, nearing was held ana had;
and by resolution passed on the lsb clay of March, 19�b, all prutests
ana oujections mace were overruiea ana the said nearing closed; and
WHEREAS, in aue and legal corm arter taxing the necessary pro-
ceaare as required by law and tiie Charter or the City or Wiciiita
Falls, Texas, tae Board or Aiaermen on the 1st, aay or YTarcn.A.D.1926,
passea ana appi-ovea Ordinance humber 71u, setting rortn the various
parcels or property on said portion of saia street siiuwing the respec-
tive owners of tiie same ana levying an assessment ror part of tree cuss
of improving said portion or said street tnereuy nixing a cnarge ana
lien against aoutting property, ana the owners t�ae� eof, ana providing
ror the coiiecti.on of succi assessments, ana pruvlaing :ior the issuance
or assignable cert, iricates, and whereas aue to -Ghe recent criange in
The aeseription or part of the property located on saia street and
contai ea in that portion tner,-:;or to be benei iz 6ea by said paving impruve-
merits, ana change in the ownership of part of saia pr•oper•ty,ana the dealca-
tion of a plat setting forth the new descriptions of a portion of said
property on said street,wiiich said plat is duly filed in ut:icaita County
Texas,
NOW THEREFORE, it beeoi�ies necessary to amena the saia orainance
above numbered insofar as the same applies to trie property her°einaitei-
describea ana set zui=tti aue to tiie ciiange in tiie aescrrp*uion thereof,
ana tiie cnange in the wiath of the respz;ctive lots abutting tnat portion
of said street nerein aebcriuea. Tnis amendment snail not be coiistruea,
and snail not operate to change or eiiect the original orainance above
mentioned in any way except as iierein set fortn, ana shall apply only to
the property, ana the oldiiel's tnereof hereinafter mentioned, ana nut to
other property and tiie oyvnei-s tiieveuf on said street nut eriectea by
the above mentioned plat ana aedication, ana tiie saia orainance snail in
all other tiiiiigs remain ana be in iu11 i:urce ana eiiect as it was origin-
ally passea by the Board of Aldermen.
WHEREAS, all otiler matters anc tiiings necessary and pre-
requisite nereto have been cone ana performed; and the Board of
A.Ld.ermen being os Zile opinion that the apportiunment or Zile costs
hereinbelow made and set north is in suostantial proportion to the
benefits to the respective parcels of abutting property in Zile
enhanced value tue,Meoi by iiieans of suers improvements, and is in
accordance witn the law and proceedings of the City, ana that tale
amounts hereinbelow silown and. assessed against Sucn parcels of pro-
perty do not in any case exceed the benefits to such property in
the enhanced value thereof by means or such iulprovements, and that
the assessments so shown and made do not exceed the proportions
of costs properly chargeable to such property under the law and
charter in ioree in this City;
THEREFORE BE IT ORDAINED BY TIE] BOARD OF ALDERIJEN
OF 711 CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There snap oe and is hereby levied and assessed against each
parcel of property nereinnelow mentioned and against tiie owners
triereof the sums or money below mentioned and itemized and the total
amount set opposite Zile description or each parcel of property; the
several amounts assessed against same, together with the total amount
assessed, and the names or the owners of such property so rar as known
being as follows; (ADDENDA: Refer to Street assessment sheet next
atZacilea and made a part hereof,)
II.
The several sums above mentioned assessed against said parcels Or
property and tiie owners Zxlereor, respectively, togetner with interest
thereon at the rate of eigiit (8%) per cent per annum togetner with
reasonable attorney's tees and costs of collections, if incurred, are
hereby aeciarea to be and iaaae a lien upon Tine respective parcels or
property against which tiie same are assessed and a personal liability
and charge against tiie real and true owners of such property, whether
suuen owners be namea herein or not, and the said lien snarl oe ana
constitute a first enforceable claim against the property on which assess-
ment is levied, and shall ue the first and paramount Lien tnereon, sup-
erior to ail oixier• liens and clams except state, county, and municipal
taxes, and sums so assessed shall be payable as follows to -wit:
In six equal insZallments(annual), due respectively on or before.
the date of completion, one, two, three, lour, ana iive years after
the date or eolapietion anu acceptance by tiie City of said improvements,
ano- the sums assessed shall bear interest from date oz such completion
and acceptance at the rate provided, payable annually with each install-
ment, and proviaea that if aerault be made in the payment or any p�:"nci-
pal or interest when aue, then the whole or the assessiiient upon which
default is made shall, at the option or L.E. 111nitham and Company or its
assigns, be and become at once aue and payaule togetner with reasonable
attorney's fees and costs of collection, ii incurred, and provided
rurtner that Tine oti°niers or such property shall have the right to pay any
or all or the said installments oeiore maturity at any time, by payment
oz principal and interest accrued To the date or payment.
The City oz'Vliciiita Falls shall not be in any manner liable
for the payment or any sums assessed against any abutting property
or any owner, but the said Z.E.='hitham and Company and its assigns
shall look solely to such owners for payment or the sums assessed;
but the City oz Wichita Falls snail exercise all of its lawful,
powers to aid in the enforcement and collection of said liens and
sums and personal liab,iliiies; and it default snail be made in the
payment of any or said sums, collection tnereror shall be eniorced
either by sale or the property by the tax assessor and collector
or the City or Wichita Fails, as near as possible in the manner pro-
viaed for sale or property ror the non-payment of advalorem taffies,
or at the option or the said L.E. t'iniinam and. Company or its assigns,
the payment or said susris and said liens and liabilities snail be
enrorcea in any court having jurisaiction.
IV.
For the propose of evidencing the several sums assessed
against said parcels or abutting property and the ovmers thereof,
and the time and terms or payment, and to aid in the enforcement
thereon, assignable certificates snail be issued by the City of
Wichita Falls, Texas upon the cornp.ietlon and acceptance of the
work, witien certilicates snail be executed by the Mayor In the
name of the City and attestea b;;,, bile City Clerk witn trie corpor-
ation seal, and shall be payacle to L.E.T1.41tham and CoLipany or its
assigns, and snail declare the said amounts, time and terms of pay-
ment, and the rate of interest, and the date or co,iipletion and
acceptance or the improvements, shall contain the name or the ovmer
oz the property as ac cur atei.y as possi bie , snail contain a descrip-
tion of the property by lot and block number or front feet tiiereof,
or such otiier description as may otherwise identify same; and it the
property siiail be owned by an estate, trien the description tnereo
as so owned snaii be surricient, or if the name of trie owner be un-
known, cnen to so state snail be sui:ricient, and no error or mistake
in describing any property or in giving the name or owner, shall
i.nvaliaate c,:» in any wise impair any certili.cate or any assessment
levied by this ordinance.
Said cer•tiricates snail provide substantially that if same
snail not be para promptly upon maturity, then they snali be Collect-
ible witi. reasonable attorney's fees and cos,s or collection if incurr-
ed, and shall also provide substantially tnat the amounts thereby
evic_eneea may be paid to trfe collector or taxes in the City of 1.1vieiiita
Falls, Texa.=, wrio shall issue nis receipt therefor, vniien receipt shall
be evidence. of such payment upon any demand for same; and the collector
or taxes shall deposit the sums so received by nim rortnvartii with, the
City Treasurer to oe kept and held by him in a separate fund hereby
designated as Avenue 0. Special Certir:icate Fund No. 1; and when any
amount shall be made to the tax collector upon such certificates, he
shall upon presentation to nim or tile certificate by tree contractor
or other holder thereof, endorse saia payment thereon, and tine contractor
or holder or such certificate snail be entitled to receive from the
City Treasurer the amount paia, upon preser_ting to him such certificate
so endorsed and credited by Ine noider witn the amount paid.; and such
enaorsement and credit sham_ Ae the Tri :°' s warraiit tor bra �irig c
�icii_.c:Y_ , �sa�_ rel also be c�c;i1tot :Lor b t:2e
y..�yi�, ._. _ . 1 y
iiolae: ° of such ce-rti icate s in writing, and by sur_. erxd.er taiereof when
the principal, with accrued inte-2est and all costs of Collect-
ion and reasonable attorney's fees, if incurred, nave been paid in full.
Said certificates shall further recite substantially that
all proeeecLings with reference to massing such improvements have
been regularly had in compliance with the law, and that all pre-
requisites to the fixing of the assess lent lien against the pro-
perty described in such certificates and the personal liability
of the ovaler have been regularly clone and peri'oy!ned., and such
recitals shall be prima facie evidence of the facts so recited,
and no rarther proof thereof shall be required in any court.
Said certificates may have cou-ons att< ciied tiriereto in evi-
dence or each or all of the several installments thereon, or may
have coupons for each or the first si inst:�.11ments; which coupons
shall be payable either to L.E.thitham and Coipany or its assigns,
or to L.E. hiitham and. Company or bearer; and such coupons may be
signed eitler 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 irregularities; either
in assessments or certificates issued in evidence tiiereof, is in
accordance with law, vested in the City.
VI.
The fact tiiat tiie improveme.its herein mentioned are being
delayed pencLing the effect of this ordinance, and treat the condi-
tion o -r said portion of street endangers tele public iiealth ana
safety, constitutes and creates an urgent public necessity require-
ing treat the rules providing that ordinances be read at more than
one meeting an(! for more than one time be suspended, and requiring
that 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 force and effect
immediately from and after its passage.
Passed and approved tnis I:a:�b day of �, A.D. 1926.
(Signed) I,,. -.,'.She 11herd,
Attest:- Mayor, City of I.Vicnita galls, Texas.
(Signed) W.E.McBroom.
City Clerk.
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