Ord 556 1/26/1925 Form #9
ORDIId =NCE I.E'1TYI-7G 1SSES37 F '?z P=1R`I OF
THE CCST OF I��ZPI'OVI3G A Y0t T7 1 A ,-,T
S IDE WA.L.S 0 1" g VE. _H____`�
T.r GTY
OF 'dICHI PA
ABD :IEN �!Gr INST
THE OVTNER3 'THEREOF, P1 i. %. 1 ' COL
LEC T ION OF SUCH Ati S E 3S TI,lNTS, Al?-) FOR THE
ISSUtINCE OF ASS!.',.,NABJr1E CE-i,TIFIC "1TES, All
DECI ''.RING AN E1v1E AGENCY.
WhoreF-�s , the Bowrd of Aldermen has heretofore by resolution
passed on the 10'Yrl�y of Nov. 1924 : ordered the
improvement
FM sidewalks on A jn frnr�t
Lots Blo��S
to ck 7 5Aiki=ckkHIZIa lod b d i .,
by raising, gradir-g -nd filling sama and instoDing
and D, ,,ving with one course 1• a inches
thic'c and contract for the iaahin- and construction of such i:-aprovenents
was let to L. E_ whitham & Pa and the Eng-
ti ineer filed -ith the City roll or s ater.2ent sh,Ning descriptions
of the various parcels of abutting property, the amounts to be
assessed against eF-wch parcel of property and shotaing other miattcr.s
and things; and suoh roll or st.itcr.:ent wits examined and approved ;
and after duo ti nd prober notice, he,-�r ing was held and had,, and 'Dy
resolution passed on the 22nd day of 192 4 11
protests and objections mide Tere overru ed and the s,Td he-zing
closed ; and
WHEREAS, all otj�or -1F. L-tors and things Y (end rr. e-
requisite hereto h,�.ve been done and pc:r fori,aod ; and the Board of
Aldermen being of the opin an that the :F 000rti,111-lentY Of thn 00st
hereinbelow made and set forth is in subs.t :,nt i_a.l proportion to
the benefits to the respeo hive Parcclo of n"Ju;;ting property in
the ehhanoed value thereof by ;paeans o- <ach ii:p:'ovements , and is
in :�ccordanae with the law :and proceedings o" i'_1e City, and that
the amounts hereinbelow s,,own and ),'z=l-nst such parcels of
property do not in any case exceed tlha benafi' s to such property
in the enhanced value thereof by mea_:s of wich improvements, and
th, t the assessments so shorn and mace ds not exceed the Pre"
protions of costs properly chargeable -o such property under the
lava and charter in force in this City ;
THEREFORE BE IT O D:''1 LIED BY TH fir) E 0�2D OF ALDERN EN OF
THE CITY OF 7 ICHI�A `'LILS, J,PXAJM1, THAT-
I .
There sha,ee 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 pE�-reel Of
property; the several amounts assessed against same , together w7 th
the total ,amount assessed , and the naves of the 3wners of such
property so far as Down being as folloWs : -
II.
The several sums ,above mentioned assessed against said
Parcels of property and the owners thereof, respectively, toge chi r
with interest thereon CJ the rite of eyr,ht per cent per annu7li
gether with reasonable attorney 's fees and costs of collections, if
incurred, are thereby declared to be and maide a lien upon the ras-
pective?parcels of property against which the same are assessed
end a personal liability and charge agairs +he real and true
owners of such property, whether such be named herein or
not, and the said lien shall be and corst._;_",,ute a first enforcealbe
claim against the property cn 1-which a7 7syss ert is levied , and
shall be the first ana paramount 1-ion t;tlarcon, superior to all
other liens and clai:ss excep , st,':.t% , county, and municipal taxes,
and the sums so assessed be, p ; -..hlo ,rs follows to wit :
In c,- __.. a x :Y install:_Zents (annual) , due
respectivel9 on or'oefor�j _
years after the date of !e`ion�,rd�ocepfa ce�y
said i:lpxove,::ents, Ind tine sums assessed shall bear interest "� 1
date of such completion and ,iccepta,noe rit the rate provided , �)f:
annually with each inst<3-111-_,e11t, and provided that if default, , ;
made in the payment aft Fury ;T ;.ncipnl or irte-ert hen iuc, i
Form ,1 9---Page 2 .
whole of the assessment upon which default is made shall, at
the option of Z 'zit a:: or its assigns ,
be and become at once due and payable, ;oE e5her with reasonable
a,ttor'nEy's fees and costs of collectinj) if incurred, anal provided
further that the owners of such prope-tY shall have the sight
to pay any or all of the said instaliemGnts before maturity at
any time, by payment of principal and interest accrued to the
date of payment.
III.
The City of Wichita Falls shill not be in any manner
liable for the payment of any sums assessed against any &butting
property or any owner, but the said L. E. hith & C
and its assigns shall look solely to sue owners for payment of
the su.Ms 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 sums, collection the
therefor shall be enforced either by sale of the property y
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-payment of ad-valorem taxes, or at the option of the said
L. E. Whitham & CO - or
its assigns, the payment of said sums and said liens an liab i1-
ities shall be enforce& in any court having jurisdiction.
IV.
For the purpose of evidencing the sevexal sums assessed
against said parcels of abutting property and the owners thereof,
and the time and terms of payment, and to aid 3n Ille enfure,9MI0I1*
thereof, assignable certificates shall be issued by the City of
'Wichita Falls upon the completion and �cceptanee 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) or
and shall be payable to L. E 'V its assigns, and shall ec are e said amoun s, ime an 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 Us 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 fis 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 c er t if ic; ,te or any assessment levied by this ord inanee ,
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 that the
arsounts thereby evidenced may be paid to the collector of taxes
in the City of 17liehita 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 Sidewalks on y�ve. H x)daxxOx Special Certificate Fund No.
1 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 hire such
certificate so endorsed and credited by the holder with the amount
paid ; and such erldorsement and credit shall be the Treasurer's
warrant for making such p,,�iyment. Payments by the Treasurer shall
also be receipted for by -';;he holder of such certificates in writ-
ing, and by surrender th,� -ecf when principal, together with
accrued interest and all costs of co7.iection and reasonable
a,ttorney's fees, if incu': red , have been paid in full.
Said eertifi.cateo, :.'-all iurth;:r recite substantially that
all proceedings with yre±o..- ,nee do na-e ing such ' improvements have
been regularly had in compliance .,pith tha law, and that all pro-
requisites to the fixing Of the assess. ent lien against the pror-
erty described in such certificates and the personal liabil it.- f
the owner have been regularly done ar_d performed, and s - h
als shall be prima fac3 ie e Sri('�,, c e o
Page 3 --- Form &9.
ana ho Panther proof thereof el,. J n any c.owtt.
U
SaAd ce:?tifi.-.ate-s 7,,iay atta-hed th-)reto
in evidence of each or all of -1,11C tho-cof ,
or may have co7;p(,ijs for each of the ins tali-
ment-s ; which coupons shall be -Pqyablo
& Co . or its as s gns , or to L.
or bearer; and suchmay be i-;;.gned-
eitheriitFthe original or wit-h the f"at,,s-Ii-mile sib nat-ure of the
May and City Clerk.
V.
Full power to mike ar,d levy re--assessments in any case
and to corredt mai--tckes ,, or irregularities;
either in assessments or is cued. in evidence thereof,
is in accordance vAbli lain , ves-�ed in the City.
VI.
The fact that the improvements herein mentioned are
being delayed pending the effect of this ordinance , and that the
condition of said portion of st'reet enO-an,ge-rs the public hca?.th
and safety, constitutes and creates an urgent pulblic necess-'LtY
requiring that the rules providing that ordirarces be read at '
more than one meetin3 and for more than one time 'be suspenaea, and
recuiring that -1-1his oxudiranca be passed and take effect. as sIn
emergency measure. , and Ou'-.ri riles are ac;co.,-d-'r-gIV suspended,
�,nd this ordinance is pass-r-I L as an e7.ero,,,e-nc,.y measure , and shall
be in force and effect imrr,eo-iataly f-rom and aftew its passage.
Passed and approved this 22nd —aay of Dec . 192 4
UY
Attest: -
City Cie-r!,.