Ord 712 3/1/1926 Form No. 9.
ORDINANCE LEVYING ASSESSMENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
t fv 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 TSSUANCE OF
ASSIGNABLE CERTIFICATES, AND DECLARING
AN EMERGENCY.
Whereas, the Board of Aldermen has heretofore by resolution
passed on the 3. th.................day of ................flat................... .....I.............._1g2..5...�
ordered the improvement of
Sixth Street from N. '. L• Scott Ave. to T . "• L•
Lamar. Ave.
in the city of Wi(thita Falls , Texas , by raising, grading and fill-
ing same and installing concrete curbs and gutters and pairing with
one course reinforced concrete , and contract for the making and
construction of such improvements 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 things ; and such roll or :statement was examined
and approved; and after duo and proper nutics hearing rcheld
and had; and by resol.utj on passed on the . _......_.......day of .._...,...._...........__....
192....6.., all protests and objections made were overruled and the
said hearing closed; and
WHEREAS, all other matters .nd things necessary and pre-
requisite hereto have been done and performed; and the Board of
Aldermen being of the opinion that the ajpurtionment 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 improvements, and is in
accordance with the law and proceedings of the City, and that
the amounts hei einb(,low shown and ;-.sscssed against such parcels
of property do not in any case exceed the benefits to such prop-
erty in the enhanced value thereof by means of such improvements,
and that the assessments so s,howti and made dc) not exceed the pro—
portions of costs propFrly chargeable to sucl-.� 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 ana is hereby levied. and assessed against
each parcel of property herninb; low t�ienti.oned and against the
owners thereof the sums of money below mentioned and itemized
and the total amount set ono s _to the description of each parcel
of property; the several amoiin.ts assp�3sed against same, together
with the total arnol;nt assessed, and t"e. rarnes of the owners of
such property so far as known being as follows ; (ADDENDA: Refer
to Street assessment sheet ,next atta, led 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 (8%) per cent per annum
together with reasonable attorneys ' :} 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-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 ortion 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 nave 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
for the payment of any sums assessed against any abutting property
or any owner, but the said L. H. 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 si.,Lms 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 - ale of property for the non-payment of ad-
valorem taxes ,
aj- 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 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 improvement,-, , 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-,i be oy,.ncd by an estate ,- then the descrip-
tion thereof as so owned shall be sufficient, t)r 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 anT 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-
ieectible with reasonable attorney' s fees and costs of collection
if incurred, and shall also provide substantially that the amounts
therebt, evidenced may be pa:i.d to the collector of taxes in the
City of Wichita Falls, Texas, who shall issue his receipt there-
f;r, which receipt shall be evidence of such payment upon any de-
rria,nd for same ; and the collector of' tuxes shall deposit the sums so
rt;ceived by him forthwith with the City Treasurer to be kept and
held by him in a separate fund hereby designated as
..
Sixt,�a.___ ........ ..... Street Special Certificate Fund
No... .............. ....; 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 payrlent t �, reon, 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 ari,�ount paid; and such endorsement and cred-
it shall be the Treasurer' s warrant for making such payment. Pay-
ments by the Treasurer shall also be receipted for by the holder of
such certificates iln 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
e�.11 proceedings with reference to 'caking such improvements have
been regularly had i.n complit:unce with the law, and that all pre—
regL.;.j.si.tes to the fixing of the assesoment lien against the prop—
erty described in such certificates and the personal liability
of' the o,rner have beer regi.;larly done a.nd per'orrried, and such
recitals shall be prir,,a facie evidence of the facts :3o recited,
a nd. no further proof th,reof shall be required in any court.
Said certificates may have coupons attached thereto in evi—
dence of ea-111 or all of the -everal installments thereof, or may
�Ive coupons for each of the first six installments ; which coupons
4,
l,tL11 be payable either to L. E. Whithjim and Company or its assigns,
or tc� L, I±. 77hith,,:a.rs eand Comn, n;y , r bearer; and such coupons may be
S. gnrd e: i_ther 'riith the orig ina.A_ or with the facsimile signature of
the Mayor and City Clerk.
V.
Fut l power to make and levy re—assessments in any case and
to correct mistakes , errors , i rivali ditie;.. , or irregularities ; either
J.ri assessm �nt.� >.- ce tificates . sized in evidence thereof, is in
a{;cordance 1.k�ith lair, vested in the City. •
VT.
The fact that the improvements herein mentioned are being
deLa,yed pending the effect of this orc]i.nance , and that the condi—
tion of sci:id �aortion of street endangers the public health and
:safety, conotitul,es and creates an ur�ent pi. blic necessity requir—
ing that the rtz.l_c:s prov-i_d°.nr that ardirance s be read at more than
one meeting a.n,,I- for m< r:. than one time be -Iuspend�ad, and requiring
that thi., ordinance be rassed and take effect as an emer,7ency
measure, and such rules are accordingl, sr sp a ^dry," , and this ordi—
n,_nco is passed as an emergence measure, and. shall_ be, in force and
effect immediately from and after its passage .
Passed and approved this ..... of of...... arch
Attest:— (Signed) R. E. Shepherd .
(Si'�ned) �d. E. I.TcBroom Mayo`, City of Wichita Falls, ..Texas
......................................................I................_........
City Clerk.