Ord 734 3/22/1926Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
i ' 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 Boa•d of Aldermen has heretofore by resolution
passed on the,2�,:'*. .. .....day of ................. ............
.._......__19 ..F ...,
ordered the improvement of
in the city of Wio.hi_ta Falls, Texas, b,,T 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 : uch irc:prrve rrents 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 matter, and thl.ngs; and such roll_ or .statement was examined
and approved; and after due and proper notice, hearing was held
and had; and by resu.'.uti on passed on ';he ..... ....'day of ......:...w :.:................
192....:.., all protests and objections made were overruled and the
said hearing closed; and
WHEREAS, all other matters sand things necessary and pre-
requisite hereto have been done and performed; and the Board of
Aldermen being of the opinion that the arportionment of the costs
hereinbelow made and set forth is in substantial proportion to the
benefits to the respective parce:Ls of abutting property in the
enhanced value thereof by means of such i_mpravements, and is in
accordance with the law and p.'oceedings of the City, and that
the amounts hereinbelow shown and L.ssessed aga,nst such parcels
of property do not in any case exceed the benefits to such prop-
erty in the enhanced value thereof by meads of such improvements,
and that the as,essma-_n.ts so ,,hovn, and made d,., not exceed the pro-
portions of costs properly chargeable to suc'n property under the
law and charter in force in this City;
THEREFORE BE IT ORDAI:NFD 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 property hereinbelow r:ienti.oned and against the
owners thereof the sums of money below mentioned and itemized
and the total amount set oy p:) si_te the description of each parcel
of property; the several amot.int,_ ass °:,se: -d against same, together
with the total amount assessed, and t:iE- names of the owners of
such property so far as known beirp, 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, respectively, together
with interest thereon at the rate of eight (8f.) per cent per annum
together with reasonable 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, 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 asseosed 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 oi,tion 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 liave 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 Wi.c.°hita Falls shall not be in any manner liable
fox the payment c.f 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 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 al_e of property for the non-payment of ad -
valorem taxes, or at the option c)f 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 Mayor 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, 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 property sha.l be otned by an estate, then the descrip-
tion hereof as so owned shall be sufficient, ur 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 an -yr certif-
icate or any assessment levied by this ;rdinance.
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 ... ...................... ......
....... Street Special Certificate Fund
No........,. .. . ...�............... = and when any amount shall be made to the tax
ec�llector 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 endorsement and cred-
it shall ba the Treasurer's warrant 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 such improvements have
been regularly had in compliance with the law, and that all pre-
requisites to the fixing of the asses3ment lien against the pt•op-
erty described in such certificates and the personal liability
of the owner have been regli.larly 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 evi-
dence of each or all of the .several installments thereof, or may
have coupons for each of the first six installments; which coupons
shall be payable either to L. E. Whitham and Company or its assigns,
or to Z. E. Whi.tham and Company t r bearer; and such coupons may be
signed either with the originai 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, i.nvalidities, or irregularities; either
in assessments o:,. certificates issued in evidence thereof, is in
apcor-dance with law, vested in the City.
VI.
The fact that the improvements herein mentioned are being
delayed pending the effect of this ordinance, and that the condi-
- of said portion of street endangers the public health and
safety, constitutes and creates an urgent public necessity requir-
ing that the ruler providin,r, that ordinances be read at more than
one meeting and for more than one time be suspended, and requiring
that thi;> ordinance be passed and take effect as an emergency
measure, and such rules are accordingl,v suspended, and this ordi-
n€.nce is passed as an emergency measure;, and shall be in force and
effect immediately from and after its passage.
Passed and approved this
A. D. 192.;:..... .
Attest:-
.... � )
City Clerk.
N:._:....day of ..._ -t-= .. Y ................................._...........
Mayoz-, City of Wichita Falls Texas