Ord 562 2/2/1925 ` Fora #9 .
ORDINANCE LEVYI 7G ASSESSiJ�ENT FOE PART OF
THE COST OF I21POVING A PORTION OF
"5lr BOUIJZYA'3D IN TH3 CITY
` OF 'iICHITa? FALLS TF.KaS, T±'I TTi 1? CHARGE
AND LIEN ��GAINS`l' LBUTT ING DROPERTY AND}
THE OWNERS THEREOF, PROVIDING FOR THE COL^
LECTION OF SUCH ASSESS TENTS, AND FOR THE
ISSMINCE OF ASSIGNABLE CE2TIFIC,,TF.S, AND
DECLa RING AN EMERGENCY.
Whore,_�s , the Board of Aldermen has heretofore by resolution
passed. on the22nd day of December 1924 , crdored the
i,sprove:ziont of=emp Blvd. _jddrm=Jr in s� id City fr era its inter-
section with the South Rroperty line of
Avenue G &t3mcadr to its inter. section with the__South PropertL� line of Avenue _H i,
by raising, grading ,,end f ill ingsame and installing concret-a --
nur_bs and gutters and pc.ving with one course rpiIl£Qri-pa „narete
and contract for the making and construction of such i:_aproveraents
was let to L. E. Whitham & Co. and the Eng-
ineer filed with the City roll or s t tee gent sho wing 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 staterient was examined and approved ;
and after duo and proper notice, hearing was held and had ; and by
resolution passed on the 2nd day of 192 «11
Protests and objections made were overruled and the sad he^,r ing
closed ; and
1VHEREAS, all v-fh 3 Taf- bt,--n cmd thinja P�rO-
requisite hereto h:a7e been done and and the Board of
11dermen being of the opinion that the p!norticnment of the co
hereinbelow ;made and set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in
-the enhanced value thereof by means of such improvements , and is
in ;:;.ccorda,noe with the law and proceedings of the City, and that
the a,^counts 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 improvemonts, a,nd
th1t the assessments so shown and made do not exceed the pro-
protions of costs properly chargeable to sa-,,h property under the
law and charter in force in this City ;
THEREFORE BE IT ORDAINED BY THE B_-),'iRD Or ALDERMEN OF
THE CITY OF I ICH ITn FA BLS, TEXAS, -`t3AT
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 amount set opposite the description of each parcel of
property; the several amounts assessed against same , together with
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 -ssessed against said
parcels of property and the owners thereof, respectively, together
with interest thereon at the r_,te 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-
pective3parcels 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 owners be named herein or
not, and the said lien shall be and constitute a first enforcealbe
cl`Iina against the property on which assessment is levied, and
shall be the first and paramount lien thereon, superior to all
other liens and claims except state , county, .nd municipal tp-xes,
and the sums so assessed shall be n-.y!-C, e follows to wit :
In six install^cents (annual) , due
respectively on or before the date of completion one two three four & five
Years after the date of cor,`1'_c.t�,n %.ocepcance by the Ci y cf
said improve:.ents, and the sur--,s a ,sessou olia'll bear interest fro in,
date of such completion and riccep-anae at 'the rate provided , My` j?
annually with each install calf, and provydea that if default be
made in the payment o1 any i1. --r-01 PI - Or rote~est crhen due,
Form # 9---Page 2 .
whole of the assessment u!)on which default is made shall , at
the option of L. E. «(hith_am & Co . or its assigns ,
be and become at once due and pa�Tabl�� t; s "�ri l' with reasonable
attorney's fees and costs Of e017 G.c�t;_rr, .a f it curred , and pr )vided
further that the owners of such p,:7oo(::-'�t`r -"hall have the right
i
to pay any or all of the said insta vniG;-�'cs before maturity a.t
any time, by payment of principal and interest accrued to the
date of payment.
The City of wichita, Falls shall not be in G ny manner
liable for the payment of any sums assessed against ,jny abutting
property or any owner, but the said L. E. Whitham & Co. —
and its assigns shall look solely to s chowners for payment of
the sums assessed ; but the City of 19ichita Falls shall exercise
all of its lv.wful powers to aid in the enforcement and collection
of said liens and sums and personal liabilities; " and if default
shall be made in the paymentof 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 jichita 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
Whi therm Sc Co —° ,
li
its assigns, the payment of said sums and said ens end liabil-
ities shall be enforced in any court having jurisdiction.
IV.
For the purposQ of evidencing the several sums assessed
against said parcels of abutting proper-ty and the owners thereof,
and the time and terms of payment, and to aid in t;tie enforo��j11�Ijtr
thereof, assignable certificates shall be issued by the City of
Wichita Falls upon the completion &nd :,cceptance of the work which
certificates shall be executed by the 1,layor in the name of the
City and attested by the City Clerk vjith the corporation seal,
and shall be payable to L. E. Whith & 0. t °r
its assigns, and shall m
eclare the said aounts, 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 &s possible, shall
contain a description of the prooerty by lot, and block number or
front feet thereof, or such other desorption as may otherwise '
identify same ; and if the p.:operty shah` be owned by an estate,
then the description thereo-j" as so 01rGIRd shall be sufficient, or
if the mae of the owner be unknown, tAc,11 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 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 77iehita 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 Kemp Blvd. 38tamz& Special Certificate Fund Tdo.
and wen 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.%ll be the Treasurer's
warrant for making such piyrnent. Payments by the Treasurer shall
also be receipted for by -he holder of such certificates in writ-
ing, and by surrender the_:eof when ;;rc principal, together with
accrued interest and all r,osts of collection and reasonable
attorney's fees, if incur < d , ha.ve bcen -paid in full.
Said certificates 11 firr',hcr• recite substantially that
all proceedings with to such ' improvements have
been regularly had in c orn};l iaaic e -1ith tho law, and that all p-':,-
requisites to the fixing of the assess:lent lien against the prr-p-,
erty described in such certificates and -the personal liabil i t�T c f
the owner have been regularly done ar.d perfo-med, and sn-cr,
als shall be prima facie e vi(ll c:rnc e o-r tha fa^ e^ rc e- i
Page 3 --- Form r90
and no further proof thereof.shall 'be xa iL-'red in any
Satd certificate, may ha. ,e ;(=,,cons attached thereto
in evidence of each or all cf tite savera'. yri.stallmants trrereof
or inay have coupons for each of the first g x install
ments ; which coupons shall be payable e i b�1er to L-A..._
hara
& Co . or its assigns , or to L. Y 1, I tham, &L-04-1—
�Y-=XXX or bearer; and such coupons may be signed.
FIT her with the original or with the facsimile signature of the
May and City Clerk.
V.
Full power to make and levy re-asse-s ments in any case
and to corredt mistakes , errors, invalic'.i;;;.es , cr irregularities,
either in assessments or certi-ficates i_ss;ui d in evidence thereof,
is in accordance with law, vested in the City.
VI.
The fact that the improvements herein mentioned are
being delayed pending the effect of this orcl.inan.ce , and that the
condition of said. portion of s;;reet endangers the public health
and safety, constitutes and creates an urgent publio necessity
requiring that the ruses providing that ordinances be read at '
more than one meeting and for more than one time be suspended, `Ind
requiring that this ordinance be passed and take effect as a.n
emergency ine asu re , and suori .rules are acco--dingly suspended,
and this ordinance is passed as an emergency measure , and shall
be in force and effect immediately from and after its passage.
Passed and approved this d __day of February
—1`12.5 ._
oar of
Attest : -
City Clerk. ��