Ord 667 12/7/1925 Fors
ORDIN.,INCE IaEVYI'FG ASSESS1,17,4,14-T FOR P"Rt OF
THE COST OF I.IT1'OVI v£G A PORTI01"T OF ,;"
W � _ STREET 1N THECITY
OF WICHI'I'A FALTjS ,TEXAS, r 111T?Cr A. CHARGE
AND LIEN 11GAINST AB TTIM) PRCPEI'TY ATTD
THE OVMRS THEREOF, PROVIDING FOR THE COLt
LECTION OF SUCH ASSESSMENTS, AND FOR THE
ISSUANCE OF ASSIGNABIO, CERTIFICATES, AND
DEC LI'LR ING AN EMERGENCY.
Whore4s, the Board of Aldermen has heretofore by resolution
passed on the - 17 day of 192_ ordered the
improvement of Bruce treet in said City from its inter-
section with the ao th Pro ertT line of
S reet to its intersectionatith the
North fr)Derty line of, Lucille Street,
by raising, grading and fill ing s ams and iris t�11 frig n nin ti+o t p
. ,urbs and Kutters and paving with/ U} L°61` 0 ,),Ja
and contract for the malting and ecnstruetion of such i.-2provemenLs
wa,s let to L. ih:Ltham � Co . and the Eng-
ineer file with the City roll or state-mont showing descriptions
of the various parcels of abutting property, the amounts to be
assessed against ec.ch parcel of property and showing other matters
and things; and such roll or staterient cYss examined and approved ;
and after duo and proper notice, hearing was held and had ; and by
resolution passed on the S0th day of T�ov. 192 all
Protests and objections n:.ide were overruled and the sat he^ring
closed ; and
VlIHEREAS, a1.1 o t x ��1r-: b r arm ��z'rd thjng Y)R«�rr�. ry end s o -
requisite hereto have been done and po forr!led ; and the Board of
Aldermen being of the opinion that the .: pport-ionmPnt Of t2�c�
hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in
the ehhenoed value thereof by means of such improvements , and is
in r:In.cordanoe with the law and proceedings of the City, and that
the amounts hereinbelow shown and assessed against such parcels of
Property do not in any case exceed -the benefits to such property
in the enhanced value thereof by means of such improvements, and
that the assessments so shown and made do not exceed the pro-
protions of costs properly chargeable to such property under the
law and charter in force in this City ;
THEREFORE, BE IT ORDAINED BY THE B O J2D OF ALDEREMN OF
THE CITY OF ICHITA FALLS, TEXn-, rTt T:
I.
There shuj!L' be and is hereby levied and assessed against
each parcel of property hereinbelow mentioned and against the
owners thereof the sums of money below men-`�ioned 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 , ; nd the names of the owners of such
property so far as Down being ns follows :
II.
The several sums above ,ientioned ;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,)pareels of property against which the same a.re assessed
Find 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 enforcealbe
claim against the property on ,,,jhich assessment is levied, and
shall be the first and paramount lien thereon, superior to all
other liens and claims except state, county, �tnd municipal taxes,
and the sums so assessed sh-.11 be p,,y��blo ;.Is follows to wit :
In six eg.aa_l r x inst<all7ients (annual) , due
respectively on or before the d to of com_Dletion.one two t_,_hree .f�ur ,five
years after the date of con:p1_etion rid a� ep :knee-by the Citty C�f
said improver:tents, a.nd the sums asseL�r d c,1`1,111 bear interest from:
date of such completion ^ind a,cceptaroe n� �:�e�rate provided ,
,annually with each insta,ll;2elzt, and prop iuea that if default be
made in the payment of any 2 -ncip!-�?_ or irte-ect ,jhPn duc,
Form # 9---Page 2 .
whole of the assessment upon which default is made shall, at
the option of T. „_ or its assigns,
be and become at one de- ahn pays-_ o together with reasonable
attorney's fees and costs of col].ectinr, it incurred, and provided
further that the owners of such property shall have the right
to pay any or all of the said installements before maturity et
any time , by payment of principal and interest accrued to the
date of payment.
xxx.
The City of 'Wichita. Falls shy ll not be in any manner
liable for the payment of any sums assessed against any abutting
property or any owner, but the said L. E.dhitham -,I Co
and its assigns shall look solely to such owners for payment o '—
the sums assessed ; but the City of Wichita 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 T;7ichita 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
b. E. 4hitham & Co . °T
its assigns, the payment of said sums and said lens 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 to aid in the enforoornent
thereof, assignable certificates shall be iss»ed by the City of
'Wichita Falls upon the completion and acceptance of the work which
certificates shall be executed by the i,layor in the name of the
City and attested by the City Clerk with the corporation seal,
and shall be payable to o'`
its assigns, and shall ec are t e sai amoun 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 descriptlon thereof gs so owned sl-all be sufficient, or
if the mae 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 any certif ic4te or any assessment levied by this ordinance .
Said certificates shall provide substantially that if
same 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 Wichita Falls, Texas, who shall issue his recerhpt
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 him forthwith with the City Treasurer
to be kept and held by him in a spea,rate fund hereby designated
as Grace Street Special Certificate Fund No.
1 ; and when any amount shall be made to the tax
collector upon such certificates, he shall upon prestentation
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 suoh endorsement and credit shell be the Treasurer's
warrant for making such payment. Payments by the Treasurer shall
also be receipted for by the holder of such certificates in writ-
ing, and by surrender thereof when Iihe principal, together with
aceried interest and all costs of cu lection and reasonable
attorney's fees, if incurred, have been paid in full.
Said certificates shall further recite substantially that
all proceedings with reTorence to isaking such ' improvements have
been regularly had in compliance -At—h the law, and that all pre-
requisites to the fixing of the assess.ient lien against the prop-
erty described in such certificates and the personal. liability cf
the owner have been regularly done and performed, and such ecit -
�t' t - EC U
a, f,"O' e` 7, ex e � , f �9l " i
als shall be prim ^c
Page 3 --- Farm #9.
and no fwther proof thereof shall bs r. iti.; red in any Co
Satd certificates may hay ,e �� _..f ons attached thereto
in evidence of each or all cf the several installmiants thereof,
or may have coupons for each of the first- six install-
ments ; which coupons shall be pgyab'le e it'�&r to7:z:-.„_; t4a 0
or its u.ssigns , Or tJ T 2
or bearer; and such coupons may oe signed.
either with the original or with the faesimile signature of the
May and City Clerk.
V.
Full pourer to make a.nd levy re-assessments in any case
and to corredt mistakes , err`_r:;, invalidi , .es , or irregularities;
either in assessments or certificates issued_ in evidence thereof,
is in accordance with law, vesred in the City.
VI.
The fact that the improvements herein mentioned are
being delayed pending the effect of this ordinance , and that the
condition of said portion of street endangers the public health
and safety, constitutes and creates an urgent public necessity
requiring that the rules p:-ov'iding that ordinances be read at '
more than one meeting and for more than one time be suspended, and
requiring that this ordinance be passed and take effect as an
emergency measure , and such rules are accordingly suspended,
$nd this ordinance is passed as an emergen<r measure , and shall
be in force and effect immediately from and after its passage.
Passed and approved this zct ._._..day of November _192 5
(ui��led) 11. :. ahe sherd
(,i ty of vv,ichi a Falls,
Attest : -
( aiep-ted) v. ?IcBroom
City Clerk. ��