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HomeMy WebLinkAbout5821i S 4 3 ORDINANCE N0. 5821 AN ORDINANCE PROVIDING FOR THE PAYMENT OF DEBTS INCURRED BY SUBWAY AND STREET IMPROVE - MENT DISTRICT NO. 465 OF THE CITY OF LITTLE ROCK, ARKANSAS. WHEREAS, the Board of Improvement of Subway and Street Improvement District No. 465 of Little Rock, Arkansas, reported to this council that they had abandoned the improvement for which the district was organized, and had incurred indebtedness to the amount of $8,500.00 for the payment of which it requested the passage of an ordinance levying an ad valorem tax on the property in the district; and WHEREAS, the City Council refused to pass said ordinance, and the district then brought suit in the Pulaski Circuit Court against the mayor and aldermen of this city for judgment for the amount of the indebtedness that the district owed, and for a mandatory order requiring the council to pass the ordinance levy- ing the tax, in which suit certain owners of property lying within the district intervened to deny the right of the district to either the judgment or the mandatory order; and WHEREAS, on March 1, 1939, the said Pulaski Circuit Court entered judgment finding that the district was indebted to the amount of $7,911.39 for various expenses incurred and that it should be paid together with all costs of collection from the pro- ceeds of an ad valorem tax levied upon the real property in the plaintiff district; and WHEREAS, at the same time the said Pulaski Circuit Court 1' made ,a mandatory order ordering and directing the Mayor and City Council of Little Rock to levy an ad valorem tax upon the real property in said district, as assessed for state and county purposes, in an amount sufficient to pay the claims for which judgment was given, together with the cost of collection, and to fail-not upon their peril; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. That for the purpose of paying the indebted- ness incurred by Subway end Street Improvement District No. 465 of the City of Little Rock, Arkansas, as set out in the judgment of the Pulaski Circuit Court, together with all expenses of collection, there shall be and there is hereby levied an ad valorem tax of one- -half of one per cent upon all the real property in said district, as assessed for state and county purposes, which shall be paid on or before the 1st day of January, 1940, to the Collector of the City of Little Rock, for and on behalf of the Board of Improvement of said district. The said City Collector shall receive as compen- sation two per cent of the amount collected. Section 2. That the Board of Improvement of said district shall file with the City Collector a list of the serveral lots, blocks and parcels of real property in said district, together with the assessed valuation thereon, as the same now stands in the office of the County Clerk of Pulaski County, Arkansas, for state and county purposes, and this list shall be in the form of a. permanent record on which the payments can be noted by the City Collector as made, and the City Collector shall issue to each property owner a receipt for the tax hereby levied as it is paid. Section 3. The Board of Improvement of said district, as collections are made and paid over to it, shall proceed to distri- bute the money so received, after paying the cost of the collection, pro rata among the creditors of the district; and in the event any property owner shall make default in the payment of the tax herein levied, the said Board of Improvement shall proceed to bring suit for the collection of such delinquent assessment under the statutes now governing the enforcement of delinquent assessments in improve - `t "districts, and said Hoard of Imp- rovement shall account tb the City Council for all moneys received and disbursed by it. full Section 4. This ordinance shall be in /force and effect from and after its passage. Passed: December 4th, 1939 Attest: Ap roi r ity Clerk.