Ord 704 3/8/1926 Borm NO. 9.
ORDINANCE LEVYING ASSESSIENT FOR PART OF
THE COST OF IMPROVING A PORTION OF
B yR 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 C)F
ASSIGNABLE CERTIFICATES, AND DECLARING
AN EMERGENCY.
Whereas, the Board of Aldermen has heretofore by resolution
passed on the 21st_,.............day of .....�Q.P.a..-........................_....................._192....�,
ordered the improvement of
3ar.-rise 'Street fror-ii tie =-'ast yroz�e: ty Line of ississipl�i
street to the Nast 2ro-Derty Line of Par,: Street.
in the city of Winhita 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 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 matters and things ; and such roll or statement was examined
and approved; and after du ; and proper notice , hearing was held
and had; and by resol.uti on passed on the . 1.bt;h,..day of ...3-a:b..............
---••••
192.�_, all protests and objecti.ors made were overruled and the
said hearing closed; and
WHEREAS, all other matters r1nd things necessary and pre-
requisite hereto have b '.en done and performed; and the Board of
Aldermen being of the opinion that the a�:portionment of the costs
hereinbelow made and set forth is in substantial proportion to the
benefits to the respectJve panels of abutting property in the
enhanced val...e thereof by crea,ns of such improvements , and is in
accordance with the 1iw and p. oceedings of the City, and that
the amounts hereinb� lcw s'riovtin and. assessed against such parcels
of property do n ,t in any case t.x.ceed th benefits to such prop-
erty in the enhanced value thereof by- means of such improvements,
and that the assessments so :,ho�P�able tnd jodsu h rLro ertot exceed
under the-
portions of costs p i'ip rl, c� a• z, p P y
law and charter in f >rce in this City ;
THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
I.
There shall be anti is hereby levied and assessed against
each parcel of property hereinbolow rr:entioned and against the
owners thereof the sums of money beloyr mentioned and itemized
and the total amount set o^p s _tE the description of each parcel
of property; the several «,mounts asso�_..sed against same, together
with the total amount assessed, and t'ic names of the owners of
such property so far as known being as (ADDENDA: Refer
to Street assessrner.t she(,,t r ext attached and made a part hereof. )
II.
The several sums E:.bove mentione(l assessed against said
parcels of property and. the owne.,rs thereof, respectively, together
with interest thereon at the rate of 1 nt (8%) per cent per annum
together with reasonable attornR ,Ils fees and costs of collections,
Form #9 Page 2-
j.f incurred, are hereby declared to be and made a lien upon the
respective parcels of property against which the same are assess-
ed liability and
ed and a persona 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 again_A the property on which assessment is levied,
and shall be the first and paramount lien thereon, Superior to
all other liens and, claims excep�hslltbe
dal
taxes and the sumsoassessed payable as follows
to-wit:
In six equal installmetnts (annual) , due respectively on or
before the date of completion, one, two, three, four, and five
, ears after the date of completion and acceptance by the City Of
and the sums asse-�lsed shall bear interest from
said improve ment s ,
date of such completion and acceptancand provided that if default
at the rate provided,fault
pay-
able annually w1th each installment,
be made in the payment of any principal or interest when due, then
th.e whole or the assessement upon which default is made shall, at
the ortion of L. E. Whitham and Company or its asz-igns, , be and be-
e together with reasonable attorney's
core at once due and pay I
fees and coats of collection, if incurred, and provided further
that the owners 0f- such -property shall nave the right to pay any
or all of t installmentsi,,e said installments before maturity at any time, by
payment of principal and interest accrued to the date of payment .
III.
The City of Wi(-,hita Falls shall not be in any manner liable
foi the payment of anv surls 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 C - 4-v of Wich-l-ta Falls -hall exercise all of its
City 1-cement arid. collection of said
lawful powers to aid in the enforcement . and if default shall be
.1 1.1ons and sums E�,nd personal liabilities ;
therefor shall
made in the payment o.f any of said. Hums , by the tax assessor and
be enforced eLther b-',; sale of the propertys possible in the
collector- of the City of Wichita Falls , as near a
,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 cc rtlfic,ates shall
,all be is�-ued by the City cf
vjichita Falls, Texa.,.,, upon the completion and acceptance of the
1=,orkv which certificates shall be executed by the Mayor in the
name of the City and atteoted b' the cit,.,r WbithamiandtCompanyoorE
ation seal, an- shall be payable to Ltime and terms
'y�d Ejj-!Rlj the said amounts ,
its assigns, a . :.}'!all rate c f 'merest , and the date of completion
of payrzient , ard ti-[r ra - i contain the name of the
and acceptance of the improvem .,ent 9
cvner of the prcpFrt-y as accii.rately as possible , .,hall contain a
-
dr1!scr-*:j,;tion of vl.-Le property by lot and block number cr front feet
thereof or such otlio
p ro des ripe
1-,4 1,.-,)n as may otherwise identify same ;
, r ,� -
and if the property s1•_a- 1- be loincd by an estate . then the descrip-
tion thereof as so ovfned shall be, sufficient, Gr if the name of
the owner be 13n-Imcwn, then to so state shal.1 be sufficient, and
no error or -mistake in cscribing an-7 -rDperty or --.n giving the
rZ,"Me of owne-1-11 S�101,11 invalidate or in any wise impair any certif-
icate or any assessment levied by this ordinance .
Form No. 9. Page 3.
Said certificates shall provide substantially that if same
shall not be paid pro.,.fjptly �,.ipon matarity, th( n they shall be col-
lectible with reasonable attorney' s fees at'ld costs of collection
if incurred, and shall also provide substantially that the amounts
thereby evidenced may be paid to the collector r,f taxes in the
City of `Uichita Falls , Texas , who st all. is:sue his receipt there-
for, which receipt shall be evidence of such, payment -upon any de-
mand for same ; and the collector of taxes small 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 .............................__..
Dg�r-�.rise ................................ Street Special Certificate Fund
..................... ..........
No ................I...................._........_,; and i,,,Fh.en any amoi,in.t shall be made to the tax
collector upon such cerl,A. ficates, he sh,Ill upor presentation to him
of the certificate by th(:�, contractor or, other holder thereof, endorse
said payment thereon, and tl'.L(,' contractor or '-older of such certifi-
cate shall. be entitled to receive from th!! City Treasurer the amount
paid, upon presenting to hJ.-m such ce -tificato so endorsed and credit-
ed by the holder with t1le paid; and such end,irsement and. cred-
it shall be the Trea.sur(,r' S vrarrant for ifakirg such payment. Pay-
ments by the Treasurer shlf.93.1 1-s2so be receipted for by the holder of
I 're of when the prin-
such certificat, a-Ind. bl,�,,, :-,urrorder thf-
c!.p,%J, togrether u,;4tln accrued '-rest and all. costs of collection
arid, reasonable cattorr(yY' s fc-;es , if incl.[.d , have been paid in full.
Said certificates sj-,,all _Nrthier substantially that
pr ' _ niakinry- suc' improver: ents have
with -eno -e UQ
been regularly in comml jjc,.� with and that all pre-
recjl,lisites to the 'LiXiYlg Of thp asse-sr Lien against the r,-, up-
erty df�soribed _-' n such cert�_-fion"tt.,s, and the personal liability
of the owner have bear re:c;-_Iarl done a,,,id. Terforl,,Ied and such
recitals shall be prirr,a faCiE.' evidence of the facts .-o recited,
,and. no further proof thereof shall be in any court.
Said certificates may have cou-pons attached thereto in evi-
dence of each or all of the , eve.ral I-nsta.]..D. erts t'lereof or may
have coupons fox- each of the first six lj.n. Qtallmert,-� ; which coupons
shall be payable either to L. E. VjThithr-im -and or its assigns,
or to L. E. Whith-am ard Comp, n } >r bnarcr; ,o,ld such coupons may be
signed either with the origira, oc with the fac-,simile signature of
the Mayor and City Clerk.
V.
Full power to make and lev.-,i re-ass; ssmer,ts in any case and
r
to correct mistakes , ey'ros , invali .,ditiel, . or irregularities ; either
i n i I.-
- assessments o.l� cert4-ficates issl'ed in evidence,, thereof, is in
accordance Keith law, vested in the City .
VT.
The fact that the im-provements herej -11 merti,)ned are being
F and that the condi-
delayed pendiilg the effect of thl s ord-1-nance,
t-ion of se.A.6 portio of ,�tre,-A endangers the public health and
safety , constitul es arid creates 81n UY',tZE,,nt p,,.,,blic necessity requir-
ing that the, rules provid r.:'.7 that ordinances be read at more than
one meeting and for thi,n onc,� time be si.tspended, and requiring
and effect as an emer,.,ency
that thi._: ordinaince bo rassed. and take effe
measure and suer: rul(--:s are accordingl-',, and this ordi-
nance is passed ets an shall be in force, and
effect immediately from and. after its passage .
Passed and approved. this ..l tn......da. o f...... ....ZI 9b........................._--_..._..--------
A. D. 192._! ..
Attest :- ...... ..........................................
Mayor, City of Wichita Falls , Texas.
................
City Clerk.