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Ord 696 1/25/1926 r Yorm No. ,9. f ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF atL Rzj -" 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 Board of Aldermen has heretofore by resolution ... passed on the ..........1 ..............day of .... ::.u:: ............................. _._....._192.. �.., ordered the imprpvement of _ . 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 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 cue and proper notice , hearing was held and had; and by resol.uti on passed on the �r:....day of au ._...... 192..._.., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters and things na3essary and pre- requisite hereto have b en done and performed; and the Board of Aldermen beixig of the opin__on that the apportionment 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 val�,.e ther `.of b :7 moans of . ucil improvements, and is in accordance with the law <�snd p :'oceedingti of the City, and that the amounts hey einbclow s?iown and r,- ssessed. against such parcels of property do nut in an; case <-xceed. the benefits to such prop- erty in the enhanced vale,-, thereof b;r moans of such improvements, and that the assessments so shovin. and r:ade d.: not exceed the pro- p:: c;pF sly c'r.ar� eable to such property under the portions of co t _s law and charter in f,)rce in this City; THEREFORE BE IT ORDAINED BY THE BO,�RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of propF:-r.t ;r liereinbelow r.!�entioned and against the owners thereof the sums (,.)f money below mentioned and itemized and the total amount set the description of each parcel of property; the several amounts assr.,sed against same, together with the total amount assessed, and t:LE names of the owners of such property so far as hno,rJn being as follows ; (ADDENDA: Refer to Street assessment sheet next atta^lied and made a part hereof. ) II. The several sums above mentioned assessed against said parcels of property and th.e owners thereof, respectively, together with interest thereon at the rate of eiCD ght (8%) per cent per annum together with reaso:zable- attorn.e;,y' s fees and cost:3 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 againat 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,thereon, municipal taxes , and the sums so assessed shall b; 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 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 . 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 WichAa Falls shall 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 rale 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 Uchita 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 atteoted by the City Clerk with the corpor- ation saal, 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 , ohall contain a description of the property by lot and block number or front feet thereof, or such other description as ma, otherwise identify same ; and if the property shaii be coned by an estate , then the descrip- tion thereof as so owned shall be sufficient, or if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in Gescribing and property or in giving the namr, of owner, shall invalidate or in any wise impair any certif- icate or any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates :Tall provide substantially that if same shall not be paid pro t,ptly iApor maturity,, then they shall be ool- lectible with reasonable attorney' fens and costs of collection if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid to the c,",,,11ector of taxes in the City of 'Alichita Falls , Texas , -.�Tho slia- 1l is.,,,up. his receipt there- flor, which receipt shall be evider,,';c of such payment upon any de- miand for same ; and tQhe, collector cf taxes shall deposit the sums so !rf,ceived by him forthwith witl� the City Treasuier to be kept and held by him in separ�_Ae fund hereby designated air ................................. Street Special Certificate Fund shall be made to the tax No.._ ........ d' �'v­ r r'..,7 im o i r .-t nt c;Aloctor upon such cep rt,ifical;es , h.e iipc,r presentation to him of the certificate by lklh­c' contractor or otherholder thereof, endorse said payment thereon, and tli.e col'Aractor or holder of suoh certifi- cate shall be entitled to receive from City Treasurer the amount paid, upon presentLn" to him such ccrtificate so endorsed and credit- ed.ed. by the holder Vrith Vic a.,,Liount paid.; and siich end.L-,,rsement and cred- it shall be the Treasurt'!r' s v.,-Iarrz�nt for n.aRcirg such payment. Pay- ments by the Treasuror sh&,ll allso be recollp-ted for by the holder of such certificates ire writing and by, ,s,,.irrender thereof when the prin- cipal, top,,�etherl with" accrued int�..!rest and all costs of collection and reasonable attorneyls fees, *1 -1' inci,r_�r'-,d, have been paid in full. Said certificates sl,all furthe-r recite subst_,.ntially that 7 1 1 improver, a -1 procecoings with r(-fer�,�ncrl to raking suc,,. ents have been regularly had lin cotrmli_rice witll the 1.aw, and that all pre- reqt,isites to the fixing, of the ?sse-oment lien against the prop- erty described in such and the -,personal liability of the owner have been done eo-d. -�­.erfor-,',qed, and such recitals shall be prirylla facia. evider"cle of 'Clic, fa,--ts - o recited, at d ne, further I) -o(,)--f' the-r(.tof.-' shall be in any court. Said certifi„ates may hr..fds coupons stta-]�,ed thereto in evi- dence of ecac"], or all of +1 ,-,, eve.­a-'L insta.ilyfierits tlnereof, or may 1-:aVc counons for earl-I of t'—, f .-cst qJx. Jnstc.11ment..s ; which coupons -�y or :its assigns, sh.all be Jay�:: Ir elither t �, U �,b L. E. 1,11h m �--,,,,nd Company or to L. E. Whdth,�rn r '.-tr.d such coupons may be s a ' cari- fasmi e s: geed eitier v�11.th th(, or l i, nature of the Mayor and City Clerk. V. F1111 paver to M�Ike aZ-," ]_e;V-.T re-assrssmnrts in any case and A ,�,r irregularities ; either to correct mistaks , i in assessmert�­ C -r c'crtlflcatcs in evidence t.q(,ireof, n ancordance i4 is .-h law, vested in the City. -,-,, VI The fact that the improvements lie-rein mertli (_',ned are being delayed pending the effect -,-,f this orflrancc , and that the condi- tion said P.o rt i o 'i c f :sr t ree tu ell dange rs the c health and -p -bl-.c necessity safety, ccnst-i.tu'. es and creat­s ui. ,r.cYit pi'! requir— ing that the tules providiri,, that ordinances be read at more than I one meeting and for Cl than one t1me b,') o-L�sperded, and requiring that thi�.- ordinance be 7assed and take efl['ect as an emer;­enoy measure, and. sucl­ rules �.rc a^corJingl.-T En.".sr-elided, and this ordi- nance is pawed as an -tnd s),iall be in force and effect immediately from and after its passage. Passed and approved t! d ............................. ............. 711S ........ a-w of_... ­'...... A. D. 192.... Attest :- .. ..... ....................................... Mayor City of Wichita Falls, Texas. ..............:1...... ............. City Clerk.