Ord 636 10/12/1925 Form #9. y.
ORDINANCE LEVY I?=G ;1SSES S TENT FOR P:ART OF
` THE COST OF I'��'FOVII3G A PORTIOTI OF
1 r 1�__ �T S TREE T IN THE C]C TY
OF ';'�ICHITII FALI�a ,TEXAS, F lY ING 1? C,1 RI GE
ABD LIEN LGAINST ABUTTING ROPs�+�nT'Y AT,I}
THE OWNERS 'THEREGF, PROVIDING FOR THE COL^
LECTION OF SUCH ASSESSMENTS, LND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES, AND
DECLARING AN EMERGENCY.
Whore4s , the Board of Aldermen has heretofore by resolution
passed on the 2 t? day of iune 1925 , ordered the
iraprove:,lont of , a+r Street in said City from its inter-
section with the i 4 y For ert T^ line of
;ott S Feet to its intersection with the
.1s+ P.:r.zerfti:�r —line of r;;-,,,I Street,
by raising, grading and f ill ing same and iris t �11 ing c or,_cre to c L rb--
an<' �tltter._ and p,_Lviiig with o`:' c ' e r"77 orce co crete
and contract for the making and construction of such i.provements
was let to �. �i��' �= "o• and the Eng-
ineer filed with the City roll or statement sFowing descriptions
of the various parcels of abutting property, the amounts to be
assessed ag-:Linst each parcel of property and showing other matters
and things; and such roll or st terient eyes examined and approved ;
and after duo ^nd proper notice, hearing jas held and had ; and by
resolution passed on the 12 th day of Oc uobar 1925 , .1 11
protests and objections made were overruled and the sa hearing
closed ; and
``, r1�_ v t&1 } rr1 i 1 Arm _zttd things y�9n�,mc ry 3.nd Tt2"
HEREAS,
requisite hereto have been done and po rorr:,nd; and the Board of
Aldermen bung of the opinion that the ,F'pportioIment of 010 c ?�
hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in
the ehhanoed value thereof by means of such improvements , and is
in iocordance 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
thit 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 �I ]D OF ALDERI EN OF
THE CITY OF T"ICH ITA FALLS, TM. , TJKk T:
I .
There shaee 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 arlount set opposite the description of each parcel of
property; the several amounts assessed against same , together with
the total amount assessed , end the names of the owners of such
property so far as known being Ps follows : -
II.
The several sums 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 )pareels of property against which the same are assessed
4,nd 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 which assessment is levied , and
shall be the first and par-mount lien thereon, superior to all
other liens and claims except state, county, and municipal taxes ,
and the sums so assessed shill be n,-�yf b te as follows to wit :
In mix eg1.a1f4X3wz, 7 install-rents (annual) , due
respectively on or bore
�r
n
Years after the date of coripl_c tree } _ nc e y e Ci y cfi-ve
said inaprove�,ients, qnd the sums assess ea f-all bear interest from
date of such completion =,nd acceptar_ce at .'L='ae rate provided , roy�.J1 E.
annually with each install:_ieat, and prov-dea that if defaul+ be
made in the payment of qny ;72 inci.p^1 or 1nte-est vihen due,
Form # 9---Page 2 .
whole of the assessment upon which default is made shall, at
the o 'ion of T, ar ��,, or its assigns,
p , 1 ;, ,< .
be and become at once due and payablo togaTher With reasonable
attorney's fees and costs of collection if incurred, and provided
further that the owners of sue'
a prope �t,y shall have the right
to pay any or all of the said installements before maturity at
any time, by payment of principal and interest accrued to the
date of payment.
III.
The City of Wichita, Falls shall not be in any manner
liable for the payment of any sums assessed against any abutting
property or any owner, but the said -'. '0hith3rl - C� •
and its assigns shall look solely to suoE7ocwners for payment of
the sues assessed ; but the City of TUiehita Falls shell exercise
all of its lawful powers to aid in tho 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 s.-,le of the property by the
tax assessor and collector of the City of 7ichita Falls, as near
as possible in the manner provided for sale of property for the
non-payment of ad-valorem taxes, or at the option of the said
rU. E. .�nY 1.1� _il_�i :r: 4�� or
its assigns, the payment of said sums and said lien
and l�f�b il�
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 i;o :yid in vie en-for01jln011_#
thereof, assignable certificates shall be issued by the City of
Wichita Falls upon the completion and acceptance of the work which
certificates shall be executed by the ;,rayor in the name of the
City and attested by the City Clerk with the corporation seal,
and shall be payable to L. r"hither ----0?
its assigns, and shall e�cl re the said amo�ts,� ime 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 descr -Jption as may otherwise '
identify same ; and if the property shag:'_ be owned by an estate,
then the description thereof es so owned shall 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 certificate 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 %iith 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 receipt
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 spearate fund hereby designated
as 18th Street Special Certificate Fund NO-
1 ; and when any amount shall be made to the tax
collector upon such certificates, he shall upon presentation
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 sh.%'11 be the Treasurer's
warrant for making such payment. Payments by the Treasurer shall
also be reeeipted for by the holder of such certificates in writ-
ing, and by surrender thereof when t-bc p -incipal, together with
accrued interest and all costs of and reasonable
attorney's fees, if ineuryved , have been paid in full.
Said certificates 1, h.all fur jhcr _2ec ite substantially that
all proceedings with refurence to ,s-ki_n.g such ' improvements have
been regularly had in compliance the law, and that all prc-
requisites to the fixing; of the assossl�,eyit lien against the prcp_
erty described in such certificates and t;he personal. liabiliby c.f
the owner have been regularly done and -gerforr,aed, and such ,oc i -
qls shall be prima fa.Gil e i.' r,ce of tho Po
Page 3 Form 19.
an3 no further proof therec, ;3Ytall b," ,..ed in any court.
Said certificat,�.s may lava e �i attached thereto
in evidence of each or all of the saveral _nstallmen-s thereof
or inay have coiaporis for each or the first si-- install-
ment; ; which coupons shall be pvyab"le eit-her to
�--
n or its assigns , or toY. -.�� :i.t _,,..; .'20
Xx or bearer; acid such coupons may qe signed.
either with the original or with the facsimile signature of the
May and City Clerk. V.
Si/
Pull power to make and ie�vy re-assessments in any case
and to corredt mistakes , errors, invalid.-J. t -es , or irregularities;
either in assessments or certificates issued in evidence thereof,
is in accordance with law, vested in the Cite.
VI.
The fast 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::c�viding tha ordinances be read at '
more than one rreeting a.nd for more than one time be suspended, and
requiring that this ordinance be passed and take effect as an
emergency measure , and sa, 'I rules are a.cco::d-ingly suspended,
and this ordinance is iiassr; .i as an emergenQQ3'y measure , and shall
be in force and effect immediately f_am and after its passage.
Passed and approved this `' "° - 1°2 `
' . o f day _
r"ia"- , City of Wiolli a Falls.
Attest : -
City Clerk.