Ord 612 8/17/1925 Form Y9 .
ORDINANCE LEATYITTG ASSESSIIIENT FOfi PtiRT OF
THE COST OF I11PPOVING A PORT101"T OF
FOUIZTEE%TH 3 TRFI'T '` ''i'TTE C S TY
OF�,11[CHITA FALT S ,TEXT:: ,
ABD LIEN 'iGAINST i-_3TJTT1NC- ATTD
THE MUNERS 'THEREC.F, PFiO�T�tT��TT� -) . TH ; COL^
LECTION OF SUCH ASSESSidIETq lS, AND FOR THE
ISSUIJNCE OF ASSIGNABLE CERTIFICATES,
i hore,-*s the Board of Aldermen has heretofore by resolution
passed. ors the tiTHday of ::gay 192 5 , ordored the
improvoaent of��Ourteen' i 'Street in S�yid City from its inter-
section with the es -roper_fy line of
Burnett Street to its intersection with the
West, opeline of Grace; Street,
by aising, ad ;end fillin same and installing concrete
curs and gutters and p..viiag tivith one course rein eras concrete
and contract for the is �L 1 nd o structian of such i:-zprovements
was let to Z• V�h tha�i 8°• _ and the Eng-
ineer filed with the City roll or st ,-tement 'showing 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 duo ^nd proper n� e, hearing via held and had ; and by
resolution passed on the � � day ofuly 192
Protests and objections made were overruled and the say hearing
closed ; and
UJHEREAS, lall thins t7R;+� e�ry t3r1d p���
requisite hereto hrive been done and pe,. forx:lnd ; and the Bo,:rd of
Aldermen being of the opinion that the Nppartinn eat; uY the c,_,�s �s
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 accorda.nee with the law and proceedings of the City, and that
-the amounts hereinbelow shown and assessed ��g-,,inst 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
th:,t 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 ORD5 iNED BY THE BO_iRD OF ALDERMEN OF
THE CITY OF 7,TICHITA '.1LLS, TEXA4, TEAT-
There shall be and is hereby levied and assessed against
each parcel of property hereinbelow mentioned and against the
cwners 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 �itrl
the total amount assessed , and the names of the owners of such
property so far as known being as 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 annurn to-
gether with reasonable attorney 's fees and costs of collections, if
incurred, are hereby declared to be and -lade a lien upon the res-
pective3parcels of property against which the sage are assessed
4nd a personal liability and charge against the real and true
owners of such property, whether such o;vners be named herein or
not, and the said lien shall be and constitute a first enforcea.lbe
claim against the property on which assessment is levied, and
shall be the first and p;-ir ymount lien thereon, superior to all
other liens and claims except state , county, and municipal taxes ,
and the sums so assessed sT __1 be n�:,,y ti'a i e as follows to Wit :
In six ec.= - yx.a: iristall^lents (annual) , due
b
respectively on or efore, upon the date of copletion, one,two ,three , four ..
& five years ^fter the date of con-. .'_erion r rrd ,_ocencanee y e Ci y cf
said improvements, and the sums a^sessea shall bear interest t'ror-:
date of such completion ^,nd .ricceptance at the rate provided , rr7yT- �f
annually with each install _lent, and provided that if default ' c,
made in the payment Cd any ym neip .l or ir_te-est when due,
Form # 9---Page 2 . "
whole of the assessment upon which default is made shall, at
the option of L. +ahitham & Co. or its assigns ,
be ana become at once due and payable �ogatr�er with reasonb e
dttorney's fees and costs of C0116cti0li if ir.Carred, and provid&L
further that the owners of such property 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 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. L. Ubitham &; Co. —
and its assigns shall look solely to suo owners for payment of
the sups assessed ; but the City of sgichita Falls shill 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 sale of the property y the
tax assessor and collector of the City of "Iichita Falls, as near
as possible in the manner provided for sale of property for the
non-payment c a v 11or m. t x s, or at the option of the said
'. �l, 't �o. or
its assigns, the payment of said sums and said liens and liabi .-
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 enfor0,)M011*
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 ,Mayor in the nave of the
City and attested by the City Clerk with the corporation seal,
and shall be payable to L- r'Vhit_ham & *Co. oil
assigns, and shall eclare ze said amounts, time and teams
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 p,o:-)erty 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 gs so owYl.ed shall be sufficient, or
if the mae of the owner be unknown, tncr_. �;o so stite shall be
sufficient, and no error or mistake in n.escribing any property or
in giving the name of owner, shall invalidate or in any wise
impair any certificate or any assessment levied by this ordinanoe.
Said certificates shall provide substantially that if
same shall not be paid promptly upon maturity, then they shall be
collectible Faith reasonable attorney's fees and costs of collect-
ion if incurred, and shall also provide substantially ths.t 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 an held by him in a spearate fund hereby designated
as Fourteenth Street Special Certificate Fund No.
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.sll 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 161..E principal, together with
accrued interest and all costs of collection and reasonable
a,ttorney's fees, if ineur_qzed, have been paid in full.
Said certificates shall further recite substantially that
all proceedings with reference to making such ' improvements have
been regularly had in compliance 1,^?i Jh the law, and that all pre-
requisites to the fixing of the assessment lien against the prop-
erty described in such certificates and the personal. liabil it -
the owner have been regularly done and performed, and such roc.
-: C rc. o
als shall be prima fao ie e-lid e c e Of t:..
Page 3 --- Form ;r9.
and no further proof thereof shall b:.; ,re,jzt Yed in any court,
Satd certificates iTiE,y haze attached thereto
in evidence of each or all cf 'the several installments thereof ,
or may have coupons for each of the first six install-
ments ; which coupons shall be payable either to L. L. t1hit_ham_8c Co.
or its assigns , or to L•`= I am7 Co.
or bearer; acid such coupons may be signed
either with the original or with the faesirri.le signature of the
May and City Clerk.
V.
Full power to make and levy re-assessments in any case
and to corredt mistakes , errors , invalie.ities , or irregularities;
either in assessments or certificates issued in evidence thereof,
is in accordance with law, vested in the City.
V-
.L.
\'the fac that the imp ovNee
nts herein ment or_ed are
being delayed pen i the e f e tthiX
ne an th the
condition of s�.id p rtion of s end ubli lth
and safety, const ' utes and cr tes' an blie; 'nec sity
requiring that th rules prow' i .g thatces :be re l at '
more than one me t 'n end it mo e thano be ',sus e de'drequiring. that thi ordi.nan be assde effec as anemergency mess e , lad suc, '.u'es �r� a �� sus ended,
$nd thy`{ ord� lance s pas ., x as an�mersure ' , and sbe in Nrce and effect im ec:iately from an aer its passage.
Passed and approved this — day of1 192�f�-,
C,-mod 0-- Ci of V,'iahi Fa?li.
Attest : -
City Clerk. ��