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Ord 848 11/1/1926Form No. 9. !!.-t-P-'Z A ORDINANCE LEVYING ASSESSMENT FOR FART OF THE COST OF IMPROVING A PORTION STREET N THE A, CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa.d of Aldermen ha,s h+-Ire.tofore by resolution o '------------- ---.-............... ........_19� 6....., passed on the 9th da.y f ..-.......- ordered the improvement of Avenue A, from the Pest Property Line o Monroe Street, to the East Property Line of Tenth Street, in the city of Wirh_ta Fa.1.ls, Texas, by raising, grading and fill- ing same and install-in;g concrete curbs and g utters and paving with one course reinforced concrete, and contract for the making and construction of uch izzipr vcrient.� was let to L. E. Whitham & Com- pany and the Engineer filed 'riitln tl- e City roll or statement show- ing descriptions of the vera:.iUS parccls of abutting property, the amounts t� be assessed :airiti,t a^'"- p�.r cl of property and showing other matter;, andh' nes; an,,, su ;h r -oil or statement was examined and approved; and after au.and. pro ,er I _ce, hearing was held � and had; and by res %lta.ti on passed on the ].�t......--day of ....tAYD'a ' .,......._ all protests and cbj esti-ons made were overruled and the said hearing closed; and WHEREAS, all other matt _ry ,nd th-inks ne^essary and pre- requisite hereto have been done 71d pr --formed; and the Board of Aldermen being of the pini o;:i that th,t c-:-(. Jrtionment of the costs hereinbelow made and set forth is -in sabstalit! al proportion to the benefits to the respective parcels of abutting property in the enhanced valae thereof by means ,).f such irnprover ents, and is in accordance with the iaw and p! oc­,�edlngs of the City, and that the amounts hexenb.l r ;hoc;n and,�c:ss+ ti apiainst si;ch parcels of property do n: t lr, ��,ny case xceed th benefits to such prop- erty in the enhanced vaJ_uE th.c reof b,r nears of such improvements, and that the assessments so and r._ad d.) not exceed the pro- portions of coats prox-erly charge able to �4uc'r- property under the law and charter in f rce in t".is City; THEREFORE BE T^ OF.DA1:Nl:°1) By THE BOA-+.F;D OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an" i_s hereby levied ar.d assessed against each parcel of prore� tlr }1erei-nbe]_ow r[-jenti-oned t,nd. against the owners thereof the sums of money below mentioned and itemized and the total amount set cr-regi.tc, the description of each parcel of property; ttijo s`veyal. amounts ass tsc-d against same, together l a ,sessed, ',nd t "° r'ames of the owners of with the total amo,.i.n such property so far es irrowri b i '; as fol1 ow: ; (ADDENDA: Refer such asse�;sr �7r'=' F F"j "F-xt tta�,h"d and made a p". -t- hereof.) II. The several su-ns above ment onecl. assessed against said parcels of property and. the ovrr_ers thereof, respectively, together with interest thereon at the rat- of ei-rsht (8%) per cent per annum together with reasonable attornev's fees and. costs of collections 4 Form No. 9. !!.-t-P-'Z A ORDINANCE LEVYING ASSESSMENT FOR FART OF THE COST OF IMPROVING A PORTION STREET N THE A, CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa.d of Aldermen ha,s h+-Ire.tofore by resolution o '------------- ---.-............... ........_19� 6....., passed on the 9th da.y f ..-.......- ordered the improvement of Avenue A, from the Pest Property Line o Monroe Street, to the East Property Line of Tenth Street, in the city of Wirh_ta Fa.1.ls, Texas, by raising, grading and fill- ing same and install-in;g concrete curbs and g utters and paving with one course reinforced concrete, and contract for the making and construction of uch izzipr vcrient.� was let to L. E. Whitham & Com- pany and the Engineer filed 'riitln tl- e City roll or statement show- ing descriptions of the vera:.iUS parccls of abutting property, the amounts t� be assessed :airiti,t a^'"- p�.r cl of property and showing other matter;, andh' nes; an,,, su ;h r -oil or statement was examined and approved; and after au.and. pro ,er I _ce, hearing was held � and had; and by res %lta.ti on passed on the ].�t......--day of ....tAYD'a ' .,......._ all protests and cbj esti-ons made were overruled and the said hearing closed; and WHEREAS, all other matt _ry ,nd th-inks ne^essary and pre- requisite hereto have been done 71d pr --formed; and the Board of Aldermen being of the pini o;:i that th,t c-:-(. Jrtionment of the costs hereinbelow made and set forth is -in sabstalit! al proportion to the benefits to the respective parcels of abutting property in the enhanced valae thereof by means ,).f such irnprover ents, and is in accordance with the iaw and p! oc­,�edlngs of the City, and that the amounts hexenb.l r ;hoc;n and,�c:ss+ ti apiainst si;ch parcels of property do n: t lr, ��,ny case xceed th benefits to such prop- erty in the enhanced vaJ_uE th.c reof b,r nears of such improvements, and that the assessments so and r._ad d.) not exceed the pro- portions of coats prox-erly charge able to �4uc'r- property under the law and charter in f rce in t".is City; THEREFORE BE T^ OF.DA1:Nl:°1) By THE BOA-+.F;D OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an" i_s hereby levied ar.d assessed against each parcel of prore� tlr }1erei-nbe]_ow r[-jenti-oned t,nd. against the owners thereof the sums of money below mentioned and itemized and the total amount set cr-regi.tc, the description of each parcel of property; ttijo s`veyal. amounts ass tsc-d against same, together l a ,sessed, ',nd t "° r'ames of the owners of with the total amo,.i.n such property so far es irrowri b i '; as fol1 ow: ; (ADDENDA: Refer such asse�;sr �7r'=' F F"j "F-xt tta�,h"d and made a p". -t- hereof.) II. The several su-ns above ment onecl. assessed against said parcels of property and. the ovrr_ers thereof, respectively, together with interest thereon at the rat- of ei-rsht (8%) per cent per annum together with reasonable attornev's fees and. costs of collections Form #9 Page 2. if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the same are assess- ed 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 enforce- able , able claim again�-!t the property 0 ntwhich lien thereon,assessment superiorleviedto and shall be the first and raramou all other liens and claims except state) county, and municipal taxes, and the sums so assessed shall be payable as follows to -wit", In six equal installments (annual), due respectively on or before the date of completion$ onetwo, three, four, and five years after the date of completionv and acceptance by the City Of said improvements, and the sums assesed si.i.all bear interest from date OIL - such completion and acceptance at the rate provided, pay installment and provided that if default able annually with each I t when due, then be made in the payment of any principal or in -teres the whole of the assessement upon which default is made shall, at the o -tion of L. E. Whitham. and Company or its, as -signs, be and be- come at once due and payable together with reasonable attorney's fees and cost 'S of coiie'ctior if ins-urred, and provided further 0 that the owners of such -property shall aave the right to pay any Or all Of t],e said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls scall not be in any manner liable fox the payment of any sums assessed against any abutting property or any owner, but the said L. E. Whitham and CoMpany and its as- signs shall look solelt yo such owners for payment of the sums assessed; but the City of Wich'ta Falls -hall exercise all Of if:s lawful powers to aid. in the enfo.-cement and. collection of said liens and sums and personal liabilities; and if default shall be in n 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 Falls, as near as possible in the manner provided for ,ale of property for the non-payment of ad - valorem taxes, or -,t the the oDtpayment ion of the of said L. E. Whitham and S4 said sums and gaid liens Company or its as Lgns, jurisdiction. and liabilities shall be enforced in any court having IV. For the purpose of evidencIng the several sums assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in the enforcei,ient thereof, assignable certificates shall be issued by the City of Wichita 9 Falls Texas upon the completion on and acceptance of the work which certificates shall be executed by the Mayor in the name 0 of the City and atte3ted y the City Clerk- with the corpor- and shall be payablbe to L. E. Whitham and Company or ation seal, its assigns, and shall declare the said am,�:Dunts, time and terms rate of �nterest, and the date of completion of payment, and the ra - and acceptance of the improvements, entshall contair the name of the s1 - owner of the proPE-,rty as accur;-Aely as possible, ohall contain a de,sor`ption of the property by lot and block number or front feet L �7 identify same; thereof, or' such other descripti,' ��n as ma,, otherwise U -- and if the property sha�l. be o,',lied. by an estate, then the descrip- tion shall be sufficient, ,r if the name of tion thereof as SO OW and the ovmer be unknown, then to so state no error or mistake in describing any pshall be sufficientroperty or --1n givi r ng, the- nane of ovine", Shall invalidate or -*�' n any wise impair an-%, certif- icate or any assessment levied by this irdinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pro,liptly upon maturity, then they shall., be ool- lectible with redsonable 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 City of Wichita Falls, Texas, who shall issue his receipt there- fl")r, which receipt shall- be evidence of such payment upon any de- mand for same; and the collector of taxes shall deposit the sums so received by him forthwith witl.-, the City Treasurer to be kept and held by him in a separ,,te fund hereby designated as ................................... F Fund AA nue..A................................................­... Street Special Certificate ; and when any i.mount shall bE� made to the tax collector upon such certificates, be shall uporpresentation to him of the certificate by the contract -or or Other holder thereof, endorse said payment thereon, and tiie contractor or holder of such certifi- catefrom the - City Treasurer the amount shall be entitled to receive paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with the amount paid.; and such end)rsement and cred- it shall ba the Treasurer's warrant for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writing, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, 110 incizd, have tpd in ull. Said certJ ' ficates shallfurtherrecite subsntially that ail proceedings with reference to making suc'Li improvements have been regularly had In corIpliunce with the law, and that all pre- requ,ioites to the fixing of the assessment lien against the p,..-op- crty described uLn such cert`,.fica',t,_.s and the personal liability of the owner have berm. regularly done and. performed, and such recitals shall be -rif.,,,a facie evidence of the facts so recited, and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of each or all of the -everal installments thereof, or may have coupons ,or eFch of the first six which coupons shall be, payab] - e elthe.r to L. E. Whitham. and Company or its assigns, or to L. E. Whithin_ -,nd Comcl,,iny r bearer; and such coupons may be signed eithe.r with the o.'riginal. o-,- with the facsimile signature of the Mayor and City Clerk. V. Full power to make and lev.,,, re -assessments in any case and to correct mistakes, error -s, ini:ali.ditie,-;, or irregularities; either ifIcates is in in. assessment: ce L _ � ,!- t, _ssued in evidence tnereof, accordance with law, vested. in the City. VI. -ng The fact that the improvements herein 4 n mertioned are bei delayed pending the effect of this ordinance, and that the condi- tion of said portion. of street endangers the public health and safety, con',I)titu.-fes and creates an u6_.,,C,r-,nt public necessity requir- ing that the rules, providin- that ordinances be read at more than one meeting and fog more than one time be suspended, and . requiring that thi:l ordinance be passed and take effect as an emerl;7,ency measure, and such rules are accordingly suspended., and this ordi- nance is pase�ed as an emergency mousure, and shall be in force and effect immediately from and after its passage. Passed and approved.this ....151.... ... da7 Of ...... V!ZTIPMUK . ................... ­­ --- ----- - ---- A. D. Attest:- --- ....................................... ..... Mayor, City of Wichita Falls, Texas. (Signed) W.' E. McBroom ..... . ... . ............. ............... : ­ . ............................ City Clerk.