Loading...
Ord 736 4/5/19267orm No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 -F ASSIGNABLE CERTIFICATES, AND DECLARTNG AN EMERGENCY. Whereas, the Boa -°d of Aldermen passed on the ........:.!.5......day of ........ ordered the improvement of has heretofore by resolution .....f".b........ �.......... _19f�.....�... � in the city of Wichita 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 i.mprcvementn 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 _,tatement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on ';he ....... day of .............:.....::.. ......... .... 192.;:...., all protests and objections rnade were overruled and the said hearing closed; and gpAEREAS, all other matters and things yrecessa.r y and pre- requisite hereto have been done and peciormed; 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 vall,e thereof by means of such improvements, and is in accordance with the law and p.oceedings of the City, and that the amounts hereinb low shown and L sse,ssed against si..ich parcels of property do not in any case f_xceed the berefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so :shown and made d., not exceed the pro- portions of costs p--roperly cl,,argeable to such property under the law and charter in force in this City; THEREFORE BE TT ORDAI_NFiD BY THE BOARD OF ALDERMEN 0l' THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of property Hereinbelow nienti.oned and against the owners thereof the sums Of money below mentioned and itemized and the total amount set o?pposit(- the description of each parcel of property; the se=veral amol),Pts assessed against same, together with the total amount assessed, and tele names of the owners of such property so far as iknoivn being as follow -8; (ADDENDA: Refer to Street assessment :sheell ricxt atta^hied 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 eight (8J) per cent per annum together with reasogable attorney's fees and cost:: 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, sand 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 oration 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 fox the payment of any sums 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 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. 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 Ma.yor 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 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, jhall contain a description of the property by let and block number or front feet thereof, or such other description as may otherwise identify same; and if the property sha.ii be o:fned by an estate, then the descrip- tion tl-,_ereof as so owned shall be sufficient, .,r if the name of the owner be unknown, then to so state shall. be sufficient, and no error or mistake in 6escribing any property or in giving the name of owner, shall- invalidate or in any wise impair any certif- icate or any assessrent 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- iectible 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 Palls, Texas, who shall issue his receipt there- fc}r, 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 ..................._......_...._...._....._.._.; and when any e:.mount shall be made to the tax cu�.lector 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 the amount paid; and such end)rsement and cred- it shall be the Treasurer's warrent 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 reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making succi improver_ents have been regularly had in compli-ince with the law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability of the owner have been reg..�larly done and performed, and such rec,ite,ls shall be prin.a facie evidence of the facts so recited, aid n_l 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 :=.eve Val ir_stallments thereof, or may cou3oons .Coy, each of the first six installments; which coupons be . either to L. E. Whitha.m and Company or its assigns, or to L. E. hithr.m and Compt,;,ny , r bearer; and such coupons may be s icnc:d either tj''th tho original or with the facsimile signature of the iJayor and City Clerk, V. Full xDo:,ver to make and levy re -assessments in any case and to corre:,t mist,.-)'.!' s, errors, invaliditieo,, or irregularities; either .-n assessinentU c_n certificates issued in evidence thereof, is in ar,cordance �,ith la l vested in the City. VS. The fact that the improvements herein mentioned are being delayed pending the effect of this ordinance, and that the condi- t_j.wn of sayd portion of street endangers the public health and afety, constit-ul es and creates an urgent publ7c necessity requir- ing that the rules provi dirk- that ordinances be read at more than o n e meetin o,nG. for more than one time be suspended, and requiring twat this ordinance be passed and take effect as an ewer.~ency m,!asar r,nd suc' rules are accordingly suspended, and this ordi- nance is pased as an emergency measure, and sti�all. be in force and 0--fLect immediately from and after its passage. Passed C'Lr! iu a -p p rove d this ...........t.r.....-.d a TT of ....... ..... ........ .......... ................ A D. 192--- Attest 92---qq test • _ . Mayos City of Wichita Falls, Texas. r City Clerk.