Loading...
Ord 700 2/1/1926 -d Torm No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF TH I R TZEN TH 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 MMRGENCY. Whereas, the Board of Aldermen has heretofore by resolution passed on the .. T- 4..................day of .. e-rtenber................. ........._192....5.., ordered the improvement of Thirteenth Street from, the mast Curb Line of 3ro-.d 6tr. eet to, the East .;property Line of Holliday 0treet in the city of Wiphi_ta 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 suc'z impnoverr.ent� was let :to L. E. Whitham & Com- pany and the EngineE:r filed w-.".th the City roll or statement show- ing descriptions of the vari<;us parcels of abutting property, the amounts t� be assessed ag,,,,in ,t ;-:ach parcel of property and showing other matter; and things ; ej.nc;_ si.zch roil or _tatement was examined and approved; and after duc and .proper notice , hearing was held and �ad.; and by resolution passed on the l t.... day of ._.Pebruar�r_� 192........., all protests and o: j ectiors made were overruled and the said hearing closed; and WHEREAS, all. other matters �_�nd things necessary and pre- requisite hereto have been done arid performed; and the Board of Aldermen being of the opir.ic:n. that the: a-^p, rtionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutt-i.ng property in the enhanced valtae thereof by means of such improvements, and is in accordance with the law and p.Lcceedingc of the City, and that the amounts hereinbelow showr, and cssessed against saa.ch parcels of property do not in any case Exceed the benefits to such prop- erty in the enhanced value thereof bar means of such improvements, and that the assessments so .:how,',. and made d , not exceed the pro- portions of costs p-cp ,rly chargeable to Such property under the law and charter in farce in this City; THEREFORE BE IT ORDAa NFD BY THE BO.,',RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be ana is hereby levied and assessed against each parcel of grope ct,T here- inbelow r,entioned and against the owners thereof the sums of marey below mentioned and itemized and the total arrrcunt set cn :;csitc the description of each parcel of property; th,e ^ :ve.ral amc,a.;nts, ass��.;scd against same, together with the total arr;oi_nt v,x s�essr d, and t, f. games of the owners of such property so far as kn-'.wn br .r;g as fellow:,, ; (ADDENDA: Refer to Street assessment, AlOct n_;x1; a,ttach-cd and made a part hereof. ) II. 1 e several sum above me boned assessed against said parcels of property and th-e otifurl.ers thereof, respectively, together with interest thereon at the rate of ;-i P,'fit (8f) per cent per annum together with reaso iable Is fee:; and costs:; 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, =d 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 and Company or its ass,igns, be and be- the o, tion of L. E. Whitham come at once due and payable together with reasonable attorneys 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 tJ,e said installments before maturity at any time, by payment of princ4J­.-)al.. and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in any manner liable foi the payment cf any suns 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 Wichl..-tla Falls Aall 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 , ale of prope]:-ty for the non-payment of ad- valorem taxes , or at the option- rif 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 isGued by the City cf Wichita Falls, Texas, upon the completion and acceptance of the Krork, which certificates shall be executed by the Mayor in the name of the City and. attested teoted, b,,r th,,, 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 and the date of completion and acceptance of the imrrovement.r, , zhall contain the name of the c,,vner of the property as possible , shall contain a d.ascription of the rroj.,,erty by lot and block number or front feet thereof, or such otiier de-sor1T,t! ­n as ma; otherwise identify same;and if the prop�-.,rty sha,,-i b�� c-�ned by an estate , then the descrip- tion thereof 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 cescribing an,,,,,- or in giving the name of owner, shall invalidate Or in any wise impair any certif- icate Or any assOsstTent levied by thi..s ordinance. Form No. 9. Page 3. Said certificates .3h,'01 provid,�'11 substantially that if same shall not be paid pro jr,ptly i.ipon maturity, then they shall be col- iectible with reasonable attorney' s fees and costs Of collection if incurred, arid shall also provide sl,,.bs taii'i all-,,, that the amounts thereb- y, evidenced may be paid to the ccj]_ectcr of taxes in the City of Wichita Fialls , Texas , who 21)a2l issue h.is receipt there- fl,,,r, which receipt 21'all be (,.�viderice cif suck. payment I!Pon any de- h la�l� for same , and the collector ot. tf'xes shall deposit the sums so received by him forthwith w.:Ltl_--' t-110 City Treasui-er to be kept and held by him in a -;eparf.�te fLrnd hereby desigrated as _........ ........... ............ ............... ........................ __ Street Spec'* ial Certificate Fund No......................I - ............... .......__; and v�rhen any !.Imollnt shall be made to the tax collector upon such certificates , he C-h,rill -,IIpctr presentation to him of the certificate by ooritract,or or other holder thereof, endorse said payment th.ereon # and the cOYA1­,IctGY' Or- Lolder of such certifi- cate shall be entitled to receive from th,.: City Treasurer the, amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with t 1�!e aii,ount pc-),id,; ;Land srrcl,. end .,rsement and cred- it shall be the TreusurcIr' s ,,,,arr(..,,.nt f0y' `r)akilig such payment. Pay- ments by the Treasure-r sh,,.-ill also be r(.�,,(-'edpted for, by the holder of such certificate-,-, ilt and by .surrender thereof"when the prin- cipal, together wit;,n accr�ied interest and all.. Costs Of collection and reasonable attorney' s foes, 11' jncL11'­:,Pd, hay.1-1 been paid in full. Said certificates shall lCurt'rier reuit(,; su.bstanti ally that all proceedings with re_fe :­nnc<Y t+ raking suc.L.1 improvements have 4. been.I regularly had ' p]__4� ance with the laIN" t and that all pre- reqi.,.JLsjtes to the fixi.­9 of the Osses.3-Tit-rit lien against the pi-op- erty described in such Cea-t.`, ficatts and the -personl-1,31- liability of the Owner have beer larly dcc�rre Et-,,j .,'fori,,ied, and such FI: recitals shall be pri,�iia fa cie n evidece o L f the facts :o recited, and n , further proof thereof shall be rl,!quired Jn al-iy court. Said certificates may have coupors attached thereto in evi- dence of eauh or all of 3 th,, eve ,-al irst@Jli,�lents t1iereof, or may move couons for each of r the fi st s `x which coupons hul l be payable either t ) L. E. W h,1: t1I fl,m a,n d Company A or i t s a,s s i gn s or to L. E. Whitjj,:,r�q Comj, fli, : or bee—cer ,Td suchcoupons my be s4- .-nc,,d either the o-[ � 9z11a,, or t,i?ith tine flcsimile sic-nature of the Mayor and City Clerk. V. Full power to make and lev,v re-ass­ssm,,-:rts in any case and rs to correct mistakesP errc. , Inva.lAditie.:- , or it regialari.ties , either In assessm(.nts, 0 ­ certif� catcs 1. j- ­ssued in evidenc-­_ thereof is in accordance ��ith law, vested in the City. , VI. The fact that the improvements here.!,r mentJ 3nied are being delayed pending the effect this ordinance and that the condi- tion of said portio,,j of street eiid.angcrs thc'! 'I,�ublic health and safety, consti tut: es and creat'-s arl uz ent, r)-t�.bl-ic necessity requir- ing that the rules rrovidj_n.,� that ordirances, be read at more than one meeting c*i-nd for more tl­,an cne time bo suspended, and requiring that this ordinance b(,- passed. and. take effect as an --meri-ency measure , and such rule,-,, aC-0rdirIgl',I 31)spend.cd , and this ordi- nunce is pa.s­red as at' emcrgf , r me,,,-jsure , and'. shall be in force and effect immediately from and after its passage . Passed and approved t"As .........19.t...d av of-....�......ei.e br y A. D. 192-1.. .............. Attest:- R. She-,,,)herd .....................-.11................................................... Mayol-S City of Wichita Falls , Texas, . .................. .. ............... ...... c . .............. City Clerk.