Ord 521 5/26/1924 ■ �i/µme/ej � "�"'"_/f ��,j"l..G✓'�i.,f'�P/f',.��.w l�w.ww/�'we
ORDINANCE LEVYING ASSESSMENT FOR PART OF
TH ; COST OF IMPROVING A PORTION OF
STREET IN THE CITY OF
WTUNITA A S, TEXAS, FIXING A CHARGE AND
LIEN AGAINST ABUTTING PROPERTY FOR THE ,COZ-
LECTION OF :SUCH ASSESSMENTS, AND FOR THE
ISSUANCE OF ASSIGNABLE CERTIFICATES, AND
DECLARING AS EMERGENCY.
WHEREAS, thoard of Aldermen has heretofore by resolution
passed on the .3. V day of Gk 192 �r; ordered the improve-
ment a Str at in Bald vity from
raising grat g and fillip' same an
p a n urb s and paving with
U . an con ra or t e making and onstrru,tion of
suo mprovemen s was let to and the
engineer filed with the City ro or a a amen s w ng esoriptions
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 of statement was examined and approved;
after due and proper notice, Dearing wa held and had; and by
resolution passed on the � Z� day of 192 all
protests and objections de were were overruled and the said hearing
closed ; and
WHEREAS, all other matters and things necessary and pre-
requisite hereto have been done and performed; and the -Doard of I.
Old ermen being of the opinion that the apportionment of the costs
,9:rol.nbOlow made and set forth is in . substantial: proportion to �.
tie benefits to the respective parcels of abutting 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 cage exceed the benefits to such property
in the enhanced:V*alue thereof by means of such improvements, and
that the assessments so shown and made do not exceed the pro-
portions of costs property obargeable to such property under the
law and charter in force in this W ity;
THEREFORE BE IT ORDAINED BY TH.A: BOARD OF ALD "R "+N OF
THE CITY OF WICHITA FALLS, TEXAS. THAT:
1.
'Where shall be and is hereby levied and assessed against
eadh parcel of property hereinbelow mentioned and againe't the ay
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 :-
US
The several sums above mentioned assessed against said
parcels of property ano the ownare hereof, respectively, together
with interest thereon at the rate of eight per cent per annum to-
gether with reasonable attorney's fees said costs of collections, if
incurred, are hereby declared to be and made a� lien upon the res-.
peotiv. a parcels of property against>, which the same are assessed
and.. a. personal liability and . charge against the real sand true
owners of such property, whether such owners be named herein or
not, and the Aaid .,Lien' shall be and Constitute a first enforceable
claim against '`4he property on wbioh assessment is' levied, and
shall be the first snc paramount. Lien thereon, superior to all
other .,Liens � and claims except state, county, .and tmu"aialpal taxes,
and `the sums so aaleBe sed shall :be payable as follow;e, towit :
In equal installments (annual) , due respectively on
or before /` .4� years
after the date of completion and acceptance by the 4ity of said
Improvements, and the sums assessed shall bear interest from date of
suoU completion and acceptance at the rate provided, payable annually
with each installment, and provided, that if default be made in the
payment of any principal or interest when due, the whole of the
as ent u on which default is made shall, at the option of
/- or its assigns,
e an ecome a onapdue and payable -together w th reasonable
attorney's fees and costs of collection if incurred, and provided
fdrtber that the owners of such property shall have the right to
pay any or all of the said installments before maturity at any
time , by payment of principal and interest accrued to the date of
payment.
111.
The vity of 4ichita Falls shall not be in any manner
liable for the payment of any sums ass s ed against any abutting
property or any owner, but the said r- t5ce- ,
and its assigns shall look solely toe-bu-ch owners, or p men o
all sums assessed ; but the city of Wichita Yaalle shall exercise
all of its lawful powers to aid in the enforecement 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 Wichita balls, as near
as possible in the manner provided for sale of property for the
non- a ent of ad-valorem tax tes, or at the option of the said
r or its assigns , the paay-
maa UZ: o ,., Said sums and s ene an iabilities shall be endorced
in any court having jur sdi .ction.
IV.
Vor the purpose of evidencing the several sums assessed
against said"'paroele of abutting property and the owners thereof,
and the time and terms of payment, and to aid in the enforcement
thereof, assignable certificates shall be issued by the Uity of
Wichita Falls upon the completion and acceptance of the work which
certificates shall be executed by the Mayor in the name of the
City and attested by the Qi y k%lerk yvith the corporation seal,
and shall be payable to or
its assigns, and shall declare said mounts , k1me and erms
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 as description of the property by lot and block number of
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 name of the cw ner be unknown, then to so state shall be
sufficient, and no error or mistake in describing any property or
is giving the name of owner, shall invalidate or in any wise
impair any certificate or any assessment levied by this ordiaaance.
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 collection
if incurred , and shall also :provide substantially that the
amounts thereby evidenced may be paid to the collector of taxes
in the Uity of a'ichita -rails, `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 vity Treasurer
to be kept and held by. him in as separate fund hereby designated
as 2&ez_or� otreet wpecia.l Certificate Fund No.�
and when any amount shall be made to the tax -collector upon such
certificates, he shall upon present4tion to him of the certificate
by the contractor or other holder thereof, endorEe said payment
thereon, and the contractor or holder of such certificate shall be
entitled to receive from t']-,.e Qity Treasurer the amount paid, upon
presenting to him such certificate so endorsed and credited by the
holder with the amount paid ; and such end orcement 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 oartif-
icates in writing, and by surrender thereof when the principal, toge-
ther with accrued interest and all costs of collection and reason-
able attorney's fees, if incurred , have been paid in full.
Said certificates shall further recite substantially that
all proceedings with reference to making such improvements have
been regularly had in compliance with the law, and that all pre-
requisites to the fixing of the assessment lien against the pro-
perty described in such certificates and the personal liability
of, the owner have been regularly done and performed , and such recit-
als shall be prima facie evidence of the facts so recited and no
further proof thereof shall be required in any court,
oaid certificates may have coupons attached thereto in ovi-
den.ce of each or all1of the several In tallments thereof, or may
have coupons for each of the first inetallments:
which coupons shall be payable either to
or bearer; and such coupons may no eignedAel e with
th; orig_T`=& or with the facsimile signature of the hayor and
City Qlerk.
V.
Full power to make and levy re-assessments in any case
and to correct mistakes, errors, invalidities, or irregularities ;
either in asedesments or certificates issued In evidence thereof,
isj in, accordance with law , vaned in the Uity,
ed are
.The that the improvements herein m pt"t
1;6?
beinedelayed ing the effect of this- 0 - nance , and that the
.*W1
condition of said ion of street A"'Chgers the public health
that t the i'
�laye d ing the
n f t ion
7oaia t
t
and safety, coneti uto nd creosO ' an urgent public necessity
requiring that the rulee ordinances be read at
r at
more than one meeting q� or more„ no time be suspended,
&noapsee L
and requiring t pbAg?s ordinance be passe cot as an
6,,,) s 'aa
emergency urie , and such raises are accordingly suspe n
and thieZdinunoe is passed as an emerkenoy measure , and ahar
be in force and effect immediately from and after its passage.
Passed and approved this day of 192 .
Attest:- Mayor, City 01' Wichita Fa
CITY Olerk