Ord 530 7/7/1924 Fora #9 .
ORDINANCE LE �SSESSIJIENT FOE' PnRT OF ,��,��.
THE COST OF IPROVING A PORTION OF
A SmrN STREET' IN THE CITY
OF ',J TEXAS, FIXING A. CH,�RGE
ABD LIEN 1GAINST ABUTTING PROPERTY AND
THE OlfJNERS THEREOF, PROVIDING FOR THE COL*^
LECTION OF SUCH ASSESSI',IIE`NTS, AND FOR THE
ISSMNCE OF ASSIGNABLE CERTIFICATES, AND
DECL11RING AN EMERGENCY.
Whore�is, the Board of Aldermen has heretofore by resolution
passed on the2nd day of June 1924 , ordered the
itaprove:�ont of Austin Street in SL�id City from M
nxKi*k the So p b t line of
Seventh Street to the
-line of Fi 0+t Street,
by raising, gra ing end fill ing s a_.me and irr s t ll ing
Concrete curbs and paving with One co te
and contract for the making and construction of such i-2provements
was let to L. E. +Nhitham & Comm,,= and the Eng-
ineer file wi h tie i y ro or s ate Sea 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 staten.�ent �,xa,s examined and approved ;
and after due and proper no ie� h-wring �ra€a held and had • and by
resolution passed on the day of 192 all
protests and objections ma e were overru e1�_anthe sa hearing
closed ; and
VUrHEREAS, other ni ttors and things necessary and pre-
all
requisite hereto have been done and performed ; and the Board of
Aldermen being of the opinion that -she Ipportionment of the costs
hereinbelow made and set forth is in substantial proportion to
the benefits to the respective parcels of ..butting property in
the enhanced value thereof by means of such improvements, and is
in accordance with the law and proceedings of the City, and that
the amounts 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 improvements, and
that 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 ORDAINED BY THE E -,J`7D OF ALDER1 EN OF
THE CITY OF 1+7ICHITA FALLS, TEXAH,
I.
There shall be and is hereby le s ied and assessed against
each parcel of property hereinbelow mentoned and against the
owners thereof the suns of money below mentioned and itemized and
the total amount set opposite the description of each parcel of
property; the several amounts assessed ag^insi, same , together with
the total amount assessed , ?nd the names of the owners of such
property so far as known being Ps follows : -
II.
The several sums above mentioned assessed against said
parcels of property and the owners thereof, respectively, together
with interest thereon ,,t 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-
pectiveDparcels of property against which the same are assessed
a,nd 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 cons;,itute a first enforcealbe
claim 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, coltnty, and municipal taxes,
and the sums so assessed shall be p..y-�"Yi_e follows to wit -
In six e, ��.�:� :` '� `'r l;ients (annual) , due
`o ' Wo`".—three lour Xfive
respectively on __F
years after the date of co ..1 and by Cif 1 C �;
said improve:.aents, and the sums arse ; bear interest
date of such completion f,,nd .-icceptar,_—C ?: the rate provided , rc;.y
annually with each insta.11.ii; 1t, and. prav c e� ;-hat if default '-e
made in the payment oft: any Lx '_ne ipal o-^ ;11 <':'C r her due, x'
Form # 9---Page 2.
whole of the assessment upon which default is made shall, at
the option of L. E. vhitham & Company or its assigns,
be and become at once due and payable together with reasonable
attorney's fees and costs of collection if incurred, and provided
further that the owners of such property skull 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 shall not be in any manner
liable for the payment of any sums assessed against any abutting
Property or any owner, but the said L. E. ` hitham & Com an
and its assigns shall look solely to such owners for payment of
the sums assessed ; but the City of wiehita 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 'V1ichita 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. VJhitham & Co. or
its assigns, the payment of said sums and said liens and l i.ib il-
ities shall be enforced in any court having jurisdiction,
IV.
For the purpose of evidencing the several sums assessed
against said parcels of abutting propox-ty and the owners thereof,
and the time and terms of payment, and to aid in 'Ghe enforoemen*
thereof, assignable certificates shall be issued by the City of
'47iohita Falls upon the completion and � coeptanCe of the work which
certificates shall be executed by the 2ayor in the name of the
City and attested by the Cit Clerk vrj.th the corporation seal,
and shall be payable to L E. ,hitham & Compary or
its assigns, and shall ec�care e s �d amounts, ime 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 Rs possible, shall
contain a description of the pro-oerty by lot and block number or
front feet thereof, or such other descripl6ion as may otherwise '
identify same ; and if the property shall be owned by an estate,
then the descrip*ion thereof 4s 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 certificate or any assessment levied by this ordinance,
Said certificates shall provide substantially that if
s%me 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
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 s spearate fund hereby designated
as Austin Street Special Certificate Fund No.
and when any amount shall be made to the tax
collector upon such certificates, he shall upon preaentation
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,-ALl 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 co1lection and reasonable
attorney's fees , if incurl ed, have been paid in full.
Said certificates 1 . L fur-;her recite substantially that ,
all proceedings With ref, - -.-ice to :_1aking such ' improvements have
been regularly had in corlplir�nce . 1' 1 tho law, and that all pre-
requisites to the fixing of the a3,sess:_2er.t lien against the prop-
erty described in such certificates and the personal lia,bilicy c}
the owner have been regularly done and performed, and such -ecj': -
$Is shall be prima facie evil erc(; of tr.? fa!i is so
Page 3 --- Form ;�9q
and no further proof thereof_ shall b_ e ru ^ed in any court.
Said certificate-, may have attached thereto
in evidence of each or all cf she several installments thereof,
or may have coupoi.s for each of the first install-
ments ; which coupons shall be payable either to___I, E
P (In or its assigns , or to L. E. Whithaam
R Cn or bearer; and such coupons may De signed
eith r with the original or with the facsimile signature of the
Mama City Clerk.
V.
Paull power to make and levy re-assessments in any case
and to corredt mistakes , errors, invalidi`ci_es , or irregularities;
either in assessments or certificates issued 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 ordinance , and that the
condition of said portion of street endangers the public health
and safety, constitutes and creates an urgent public necessity
requiring that the rules providing that ordinances be read at '
more than one meeting and for more than one time be suspended, and
requiring that this ordinance be passed and take effect as an
emergency measure , and such rules are accordingly 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 _Z'" day of _ 192
'Y,'_a 6_ Cityi f wichi10E F'ay1s.
Attest : -
City Clerk.