Ord 607 8/10/1925 Form 7-1'9 OF
ORDT111":NCE LEVY ,�SSESSDENT FOE PiJRT
THE COST or I."2 09If4G A 20,?TT0_`1 CF
1 -ALLEY IN BLOCK 193 "rrX= DT 'T Tile C71 TIf
OF V110111TA Tl' 11--" f
A19D ILJEN ZiG.' I'UT 1'1-�EUITI!l 3 D
0 7)
V I 1�!t` COZY THE OWNERS THER710F, P Ax
TO ill S i, I
LECTION OF K A S 00 E S 8 1 7,VT S F G3, T I E
1,
ISSUANCE OF ASSIGINTA'KiE `E_.1TIFI,AES,
17hore��s , the Board of Aldermen has heretofore by resolution
passed on the llth day of May 192 5 , Drdored the
improveiont of--Mey Blo,@k__JW=7_a_t7._1_n said City from its inter-
section with the Td_u_f1_?_roj�9_rty Line jam of _.
Tenth I Fs ir ersc'o_tion vrith the
or Froper of Eleventh Street,
by Xlisin d iljinn, s.n.,qe and histalling c norete-
1cf, Iff" imp D
durbs an g I re and ,1.,,viiig with one course re n orcedsw4=0te
and contract foj the qahing, and construction of such jnprove7�2ents
a .
was let to Z • Whitham & Co. and the Eng-
ineer filed with the City F or stateiment showing descriptions
of the various 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 27th day of July 192 5 , 411
Protests and objections r:Tde were overrule anthe saTa—hearing
closed ; and
WHEREAS, all other and things ripoossary and pre-
requisite hereto have been done and perTorried ; and the Board of
Aldermen being of the opinion that the -,.p1)ort_Jon-:1ent of the 010s &S,
hereinbelow made and set forth is in subst�_,ijtial proportion to
the benefits to the respeoltive Parcel,-:' of c�10u_tjtina property in
the ehhanoed value thereof by means ol'� and is
in accordanoe with the lags and -pr0c the City, and that
the amounts hereinbelow shown and sach parcels of
property do not in any case exceed be__ 1"," S to Such property
in the enhanced value theracf by mea-_�s c,:''1 -:!,.oh improvements, and
that the assessments so shown and magic .J0 not. exceed the pro-
protions of costs properly charpr,tble U
o su3h property under the
law and charter in force in -this 01ty ;
THEREFORE BE IT BY T'F_,i OF ALDERREN OF
THE CITY OF T,121T*
I .
There shall be and. is hereby levied and assessed against
each pa
rcel of property herainbelow 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 agahist same , together with
the total amount assessed , and the names of the owners of such
property so far as known being as folloTs : -
ii.
The several sums above :mentioned assessed against said
parcels of property and the owners thereof, respectively, togeth,c
with interest thereon t the rate of eight per cent per arr,1-12
gether with reasonable attorney 's fees and costs of cc-llect1,,)1!s ,
incurred, are hereby declared to be and made a lier, upon the res-
1]
pective,Dparcels of property against wh_�40 I'-,Le same are assessed
and a personal liability and charge the real and true
Owners of such property, whether suc11 r_v)ne-s be named herein or
not, and the said lien shall be ?nd a first enforcealb. e
claim against the property on Jhic."I ass,-2s-aert is levied , and
shall be the first ana Pir-,::.Ount lien th_alroon, superior to all
other liens and clailas except sT,-:Ite (,nur-..ty, and municipal tp-xes,
and the sums so assessed s)-.,_-,' 1 be r,�t,r,-Jcie %z follows to wit :
In Six e( " - I-
install.-ients (annual) , due
—___15�
0if
3MA ztx respectively on Or -0 2 the date of completion, one two , three four,five
and six years after the dl-]te of C-Ef
said improve7,ients, ar-d the su,)s a7_sossed shall bear interest -f
date of such cj,,i-_pletiOn ^nd 7
,icceptaroe r%t the rate provided , n! 11
annually with each installlmeat, and provided t1hat if defa illt 1;
made in the payment cd pry 1:L- _-;PciPq_L Or irterect ,when Sue,
Form if 9---Page 21
whole of the assessment u- ,on which default is made shall, at
the option of L. 3• 1"�Itham & Co. or its assigns,
be and become at once due and payabla 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 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 11 not be in any manner
liable for the payment of any sums assessed against any abutting
property or any owner, but the said L. • Whitham & Co.
and its assigns shall look solely to' sucE owners for payment of
the sues 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 sumsi collection
therefor shall be enforced either by sale of the property by the
tax assessor and collector of the City of wiehita Falls, as near
as possible in the manner provided for sale of property for the
non-paymen� off ac gatlgyej 1 ,xes, or at the option of the sa00 id
its assigns, the payment of said sums and said liens and lio.bil-
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 enfore-t3moille
thereof, assignable certificates shall be issued by the City of
Wichita Falls upon the completion and ;Icceptance of the work which
certificates shall be executed by the Mayor in the name of the
City and attested by the City Clerk with the corporation seal,
and shall be payable to L. E. Maitham & Co-. or
its assigns, and shall declare the said 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 description thereof as so owned shall be sufficient, or
if the mae of the owner be unknown, Shen 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 �riith 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 Alley B1lok 193 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 shall 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 the principal, together with
accrued interest and all costs of collection and reasonable
attorney's fees, if ineurVed, have been paid in full.
Said certificates shall further recite substantially that
all proceedings with reference to r a'�ing such ' improvements have
been regularly had in compiia,nce ,,!ith th3 law, and that all pre-
requisites to the fixing of the assessment lien against the pror-
erty described in such certificates and the personal lia,bilit� (1i
the owner have been regularly done and performed, and such
als shall be prima lac i,) (i�orc e of tb o-) sc, rc c 1_
Page 3 --- Form #9,
and no further proof thereof s7i;,.,7.11 `.n any cclartj
Satd certif inat-:,,z.; ',j,9,)T
attached -thereto
in evidence of each or all r, Jr' s o,;T e Y,a..,. Lc t a]-1 me n I';s t Irz- r e o f
LI, -�I i e f i rs; 11- install-
or may have coupods for each of six
ments ; which coupons shall be p4y.able eit'aer to L. E, Mjjthnm 00.
or its assie'ris , or to L. 2—. ]EihjT—
or bearer^ ; and snch coupons may be signed
either with the originalor with the facsimile signature of the
May and City Clerk.
V
Full novier to make Piad 'Levy :?e-assessments in any case
and to corredt mistakes , errors, invalid.ituies , or irregularities;
either in assessments or certificates issued in evidence thereof,
is in accordance with law, vested in the City.
VI.
e fa t that the 1 P vementA here m ti red are of .s or and t' at he
c%ing del) ed pendin the if e c t 1 1 a
0
dition f said oer of sere endangers th public h th
P 0 �t/
-Liitute nd creat t U' blic neces
and safety, cons an, urger,
f de
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A ne e ty
OZ df argent u
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jr
requiring t the rul pro-�idin that ordina' ces be re a
sus
0
'than me t ing/a for mope than one ,Ai and
more e e be sus ended
n
t
requiri tha this b7rdi anee b,6 osed arid' tax �ff e as Can
ended
c i
c e
pmergef,�c me as re,, and su i r i Vill e s re aq-�--.,dilngn - e n.-I idp
j r is
and th' ordinance passed So an e mer 111easurd and shal
feet
its passage.
be in f rce and e t immediately f Z�D.i,� -a,af a ter i
Passed and approved this da,17- of 1032
7—
Fails—.
i t,,7 0 1 J i FT.i t—,-
Attest : -
---C�Ity clerk,,,