Ord 678 1/11/1926 Form j=9 .
r ORDINANCE LEVYIITG FOR PART OF
THE (;CST OF Ii,jT2E0VIiv1G A 2ORTI0N OF
ALLEY BT 0Z 150 � IN THE CITY
OF 7 CHITA FALTS ,TEXi�S, r �.' l "� 1! CHA-2GE
ARD MEN i,GAINST ti B`s3"�TII r iNCT'" ?I'Y A��D
THE OV,.TNERS THEREOF, PROVIDIFG POP THE COL' d
LECTION OF SUCH ASSESS1,1ENTS, AND FOR THE
ISSUANCE OF ASSIGNABIZ CERTIFIC%TES,
WhoreE�s , the Board of Aldermen has heretofore by resolution
passed on the 23rdday of 1.1ovember 192 5 , ordered the
improvement of:alley :31ock 1�9ta� in said City frOM its inter-
section with the South Pro line of
Sixth S t1!eet o its intersection with the
Forth :'roverty line of . eventh Street,
by raising, grading �.nd filling soma ]r i=
and p< viag with
and contract for the mating and construction of such i.Iprovemen s
was let to L. i . '.'Vhitham & Company and the Eng-
ineer file vtirith the City ro11 or s a+e howing descriptions
of the v�.rious parcels of abutting property, the amounts to be
Assessed against e€'ch parcel of property and showing other matters
and things; and such roll or statement was examined and approved ;
and after duo and proper notice, hearing was held and had ; and by
resolution passed on the 4th day of January; 192 6 all
Protests and objections m7T6 were overruled and the sai he^ring
closed ; and
WHEREAS, all other mAttors and things neo,_ sry and }ire-
requisite hereto have been done and pox-formed ; and the Board of
Aldermen being of the opinion that the apportionment of tho
hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in
the ehha,noed value thereof by :means of such improvements , and is
in accordance with the law and proceedings of the City, and that
the amounts hereinbelow shown and assosse- :',P inst such parcels of
property do not in any case exceed the bele.Ai s to such propene
in the enhanced value thereof by means of s- ch improvements, and
that the assessments so sown and made do not exceed thepothe
protions of costs properly chargeable to such property r
lave and charter in force in this City ;
THEREFORE BE IT ORS I.III?ED BY TH-3 B 0�ARD OF ALDERMEN OF
THE CITY OF ICHITA FAILS, `T'EXA111, Ytlf T:
I.
There shall be and is hereby levied and assessed against
each parcel of property hereinbelow mentioned and against the
owners thereof the sums of money below mentioned and itemized and
the total amount set opposite the description of each parcel of
property; the several amounts assessed against same , together with
the total amount assessed , And the names of the owners of such
property so far as known being as follows : -
The several seams above .mentioned assessed against said
Parcels of property and the owners thereof, respectively, together
with interest thereon at the rate of eight per cent per annum to-
gether with reasonable attorney 's fees and costs of collections, if
incurred, are hereby declared to be and made a lien upon the res-
pective?parcels of property against which -the same are assessed
and a personal liability and charge against the real rnd true
owners of such property, whether such crnars be named herein or
not, and the said lien shall be and cors-�itute f- first enforcealbe
claim against the property on jhi.ch L ssc.s:nert is levied , and
shall be the first and par- punt lien th ,,ro on, superior to all
other liens and claims except state, cM11"ty, rind municipal taxes,
and the sums so assessed shall be follows to wit :
In six eaw<:, ins tallnients (annual) , due
respectively on or before completion, one, two, three ,four , and five
______________
years after the date of ccr y +ionr�dcceptnce�ye Ci of
said improve:-aents, ,%r_d the sums asscss3d shall bear interest
date of such completion ^..nd :Icceptanoe at- the rate provided ,
annually with each install_ie-nt, and pro-rived that if default be
made in the payment at ary or ir.te.-e.t when due, t",
Form r# 9---Page 2 .
whole of the assessment upon which default is made shall, at
the option of L. -1;. ,,hitha.m & Comp€,n or its assigns ,
be and become at once due and paysbl, '�r :_er w lth reasonable
attorney's fees and costs of �Ii i, �r.curred , and provided
further that the owners of sCueh grope--ty shall have the right
to pay any or all of the said installer.,en-ts before maturity at
any time, by payment of principal and. 'interest accrued to the
date of payment.
II.
The City of Wichita Falls shgAll not be in any manner
liable for the payment of any sums assessed against any abutting
property or any owner, but the said I. E. -`hitham & C
and its assigns shall look solely to su'oo�vners for paNlrnenf of
the sumps assessed ; but the City of wiehita 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 y the
tax assessor and collector of the City of jichita Falls, as near
as possible in the manner provided for sale of property for the
nonpayment of ad--valorem taxes, or at the option of the said
L. E or
47hitham ec Cpmpany
its assigns, the payment of said sums and said liens and liabil-
ities 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 'o aid in the enf0-raa3r,1011*
thereof, assignable certificates shall oe issued by the City of
�-Viehita Falls upon the completion Pnd :,acceptance of the work which
certificates shill be executed by the :Mayor in the name of the
City and attested by the City Clerk with the corporation seal, or
and shall be payable to I. - tihitham & Corfman __�________--
its assigns, and shall cec are tine said ma oun s, 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 shall be owned by an estate ,
then the description thereof &s so owned shall be sufficient, or
if the mae of the owner be unknown, than 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 any certificate or any assessment levied by this ordina.noei
Said certificates shall provide substantially that if
sgme shall not be paid promptly upon maturity, then they shall be
collectible with reasonable attorney's fees and costs of collect-
ion if incurred, and shall also provide substantially that the
amounts thereby evidenced may be paid to the collector of taxes
in the City of wiehita Falls, Texas, who shall issue his rece&Pt
therefor, which receipt shall be evidence of such payment upon
any demand for same; and the collector of taxes shall deposit
the sums so received by hire forthwith with the City' Trersl_1e�ed
to be kept and held by him in a spearate fund hereby desJ�_ µ
as Willey look 150 Special, Certificate Fund No.
and w when any amount shall be made to the tax
co lector upon such certificates, he shall upon pr.eaenta,tion
to him of the certificate by the contractor or other holder
thereof, endorse said payment thereon, and the contractor or
holder of such certificate shall be entitled to receive from the
City Treasurer the amount paid, upon presenting to him such
certificate so endorsed and credited by the holder with the amount
paid ; and such endorsement and credit shall be the Treasurer's
warrant for making such payment. Payni nts by the Treasurer shall
also be receipted for by the holder of such certificates in writ-
ing, and by surrender there(-,f when principal, together with
accrued interest and all. coSts o c�'_yectior_ and reasonable
attorney's fees, if inou-�-1r,d , h(are boer_ paid in full.
Said certificates ?.a.11 further recite substantially that
all proceedings with refo-erce to Making such ' improvements have
been regularly had in compliance i^ii-h tre law, and that all pro-
requisites to the fixing of the assessment lien against the p?-c'T,-
erty described in such u�arlf ldonesandd the erforeedonal ar_clls�chy 1+`ll
1
the owner have been regularly performed,
als shall be Primaaoip evidence of t�73
Page 3 --- Form #9.
and no further proof thereof sh. �%Il h ; a. = J.n ally court.
Sat.d certif icate� ;�r?y '}r�. �: _ ; r �., attached +hereto
in evidence of each or all c ^the, se vex a,'. in, ta,llnnents thereof,,
or may have coupons for each or the fixs u` six install-
ments ; which coupons shall be pq�yable eit'ier to.
OW,* �-j. i th� rr
& _Company _or its a.ss2j.gns , o to 1, 'hi thAm �
Com �_n Or bearer; axiom. saoh coupons may be signed.
either with the original or v,,i-,h the fassiriile signature of the
May and City Clerk.
V.
Null power to mike and le?vy re-assessments in any case
and to corredt mistakes , error-, invalidities , or irregularities '
either in assessments or certificates issued in evidence thereof,
is in accordance with law, vested in the City.
VI.
, .
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• v:,.e. .,®.e�,..ice,d.y a.�.1�°,.f r�;r±x., a��... ��ter....-i�_. -tee.
Passed and approved this -_day of� 1132
(Signed )_ Sherherd
('i ty of V'ichi ,,a Falls.
Attest : -
(
City Clerk.