Loading...
Ord 605 8/10/1925 Form ,-9 .. Tr 0RDTN2'NCE LE717" P�.'RT OF ' FTHE C, ST OF O THIRTEENTH '�T 1'T�12 C,71 W 2 ' OF 4 e7-H- 7_1`,I �R( E Ty U D ADD -j__fKT ' G.1L 311` 14 THE 01UNER3 THERHOP, THE COLS LECTIOE OF SUOMI AND FOR THE -'rE ISSMiKOE OF ASSIGOA-BLE CE-RTIFICArrES, A= I Tv I h o r e a s the Board of Aldermen has heretofore by resol-ution passed on the 18tha a,y of May 192 5 , craored the 4 improvement of---Thirtee Street in said City its inter- section with the--Te-sT7r- :0�P-er t z line of Holliday St'.ceet to its i Ftion vri-'V-h the East Froperty- line of Clark StrT_ei_1 by raising kj er-iding �,nd filling ing bane and iiistatIling concrete ---curbs and _U 1� rs and -p,,",ving with. One course retMfonlda co-n-crele and contract for the pa .ing and construction of such i-,-2prove7�aents w,as let to L• INIA ham & Co. and the Eng- ineer filed with the City roll or stet descriptions of the various parcels of abutting pro-ocrik-:y, the -,,Mounts to be J assessed against e,,,Ich parcel of a-ad qho,�-)ing other matters and things; and such roll or st-,tenient wffs CX9.724L-ned -and approved ; and after duo and pro-,Der notice, heaTiiig was held and had ; and by resolution passed on the 27th day of July 192-5 , all Protests and objections M-7e_Tjer6-overruled and the seLfd_he^ring closed ; and WHEREAS, a P0 --on 11 olthwr and thing's n e _rY and d P Te requisite hereto have been done arc. performed; and the Board Of Aldermen being of the opin4on -15'1-iat the -pportionrient of the costs hereinbelow made and set- fo, th is in substantial pro-portion to parcels of ,�butting property in the benefits to the respeo+-'-ve p,a the ehharoed value thereof by means of ouch improvements , and is in accordance with the law and proceedings of the City, and that the, ai,2ounts hereinbelow shown and assessed a.gainst sL-.,.ch parcel_ of property do not in any case exceed the benefits to such prope--'",V in the enhanced value thereof by means of such improver-Tic n t s nd th��t the assessments so shown and made do not exceed the pro- protions of costs properly chargeable 'U-o such property under tha law and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE LOA-R-3) OF ALDERMEN OF THE CITY OF IvUICH 7TA 21'1.1,LS, TEXA?-11, THAT: I. There shaJJbe and is hereby lov-_�-,l and -assessed ^gainst each -parcel of property hereinbelov; and t" owners thereof the sums of inoney bel-Y, r. z1 .;:;_f�:1 d --,nd itemized and the total amount set opposite the (-_es :- I p of el,lch parcel Of property; the several ariou-in,'u-s asse-s,-led s,,_ime , together with the total amount assessed , end. the ol' the owners of such property so far as lmovjn being r�s foilov,:Ts ­ 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,_)parcels of property against which the same are assessed and a personal liability and charge against the real ,and true owners of such property, whether such Dwners be named herein or not, and the sq. 1d lien shall be and constitute a first enforce,'Llbe claim against the property on ,-vhich assessment is levied , and shall be the first and parar.ount lien theroon, superior to all other liens and clail2s except state, county, and municipal taxes , and the sums so assessed shall be pa-,-,ble follows to wit In six equal r r xi install,-aents (annual) , due respectively-�5n--of--b-e-T37ro the day of completion_:_ one two threp four _ and f i V ey e a r s -f t e r t h e date t e o f c FE��T-e-t i 0 H F�71'6 -O'c'-0--p-ta-h ce �ci :)T said improve,,-ients, and the sums assesced shall bear interest date of such completion f-,nd acceptalnue .it the rate provided , �,'..Y- ,a r i -'Chat if def�i7ilt ,annually with each inst,,3,11,meiat, and rovided J made in the payment of ,,Iry o-r, 372C., t'-- Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. 3. Vlhitham & Co• or its assigns , be and become at once dua and payablo with reasonable attorney's fees and costs of eol7 ec"'! it and provided further that the owners of such prone-ty shall have the right to pay any or all of the said insta,llements before maturity at any time , by payment of principal and interest accrued to the date of payment. TII, The City of V'Vichita Falls sh-ll not be in kny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. B. Whitham & Co. and its assigns shall look solely to such owners fox payment of the sums assessed ; but the City of T77ichita 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 ^JVichita 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. JVhitham & Co. or its assigns, the payment of said sums and sad 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 to aid in the enforesorlloll* thereof, assignable certificates shall be issued by the City Of Wichita Falls upon the completion and .:Lcceptance of the work which certificates shall be executed by the i4ayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. L. Whitham & Co. or its assigns, and shall Tlare the said amounts, time and terms ec 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 a.s possible, shall contain a description of the prooer. ty 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 4s 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 c er t if icEAte or ant assessment levied by this ord inanoe , 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 th&t the amounts thereby evidenced may be paid to the collector of taxes in the City of 'Niehita Falls, Texas, who shall issue his recetPt 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 Thirteenth 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 shall be the Treasurer's w4rrE4nt for making such payment. Payments by the Treasurer shall also be receipted for by `'che holder of such certificates in writ- ing, and by surrender thQ �cf when -,hE principal, together with accrued interest and all roosts of c(Y7_1ection and reasonable attorney's fees, if incur_-cd , have ocen paid in full. Said certificates shall further -recite substantially that all proceedings with refo—Unce to fi,aking such " improvements have been regularly had in compliance ,,pith th-_ law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability the owner have been regularly done and performed, and s=zcr r .� als shall be prima facie evidence of tr s fa_- +�-, so rc c `� .. J49" Page 3 --- Form Ir and no further proof these.&-" 7L­YU- :re-1 J.n any caal? -I- t. Said cert 4 f i;;,_:t,7 ',n��,y attached 'here Oo in evidence of each or ail t J -�rstallmant­s thereof or may have coupo�.s for each o-L" the first six install- ments ; which coupons shall be payable either to 77-77 Whitham & Co. or its "assigns , or to L. -Z_. -WRTEm & Co,_ _ [9 or bearer; and such coupons may be signed either with the original or with the faesimile signature of tho May and City Clerk. V. Full power to make end 'Levy re-assessments in any case and to corred! mistakes ' errors. invalidAG' ,.es , or irregulars ties; either in assessments or certificates issi3ad in evidence thereof) is in accordance with law, veS Led ed in the City. V L Xhe fact , a the i rov menu ker i mentioned e e i "A 1, t I-vat the and ca. being elayed p, the of G of tllxA Y of a health Condit on Qf said. rtion , .�_e e t e 61 s the,/ r, a 1� A e 0,f f u and C r c and sa ety, consti tes an c ' ates an u g �at p-qtl ic ecessity I �Y requiring that th uLep pro , i ng the,t dinances ad at * more than one me tin and fe more, thc-n timen be cusp n6ea, n-na requiring that is xd e b "In.s.se arild eke q feet as an are c0o!�,, ng! suspended emerge y meakTe , a� id suc all s C "L n eMI,:r,,c,*e,_,iu.;, ,f i e a s u r e an ds I th pas' . _ ,L �:4,�:3 1 anc 1 ends Anc e is pa :4,�, r be in force an effect fro.- and after its passage, Passed and approved this ----day of 132 a—,TC Attest : - City Clerk.