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Ord 847 11/1/1926�x Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF THIRTEE11TH STREET IN THE 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 CF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Bo,,.tJ d of Aldermen has hfretofore by resolution passed on the .....l xb.................day of .... ..... July ................ ._..... ....................-192 �....., ordered the improvement of Thirteenth Street, from the East Property Line of Broad to the West Property Line of Burnett Street, in the city of Wichita Falls, Texas, b,y raising, grading and fill- ing same and installin concrete curb. and gutters and paving with one course reinforced concrete, and contract for the making and construction of such imprcverrents was let to L. E. Whitham & Com- pany and the Engi.neer filed with the City roll or statement show- ing descriptions of the various -, ar•cels of abutting property, the amounts to be assessed ag:_.inst each parcel of property and showing other matters and ±,hings; an( such roll or :statement was examined and approved; and after cl.u" and proper notice, hearing was held and had; and by rfs�jlutlon passed of t -he Ist........ day of 192...x..., all protests and objection.:,,made were overruled and the said hearing closed; and WHEREAS, all other matte ,r -s � nd things necessary and pre- requisite hereto have. b-en dons= , d pe rforrt.:ed; and the Board of Aldertren being .)f the c, irii o:n that. the aT7I;,ortionment of the costs hereinbelow made and sct f,.rth is .n substantial proportion to the benefits to the r-(;spe�tivF parcels of abutting property in the enhanced val., e t) r :of b it .r s of such iinr_ eves;lents, and is in accordance with 4 he J r.w and p _ oc:­edi.ng- of the, City, and that the amounts l:e: e inl.,� lc,w s'n.,rr)r arta L s Ir ssed against such parcels cf property do n_t it any case 'r,cc;d the ber;efi is to such prop- erty in the en'na-Inced va u,- there by me &rtis of such improvements, and that tic a , f ow- tracl, dL.- not exceed the pro- ti s:;lts so h, �, and portions of co: t.� i,� cpc:r1�� c,,argeca-ble to ­ucri property under the law and charter in f )rce in t1:is City. THER770111 BE IT ORDA T N D B THE BO,yRD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall br and is heroby to-vieel and assessed against each parcel of .ir,nt _oned and against the owners thereof the sums of mcne,- below rnncntioned and itemized and the total amount set `v:pc.s:. t t1- ;: dF :>cription of each parcel of property; tl"_: sr -neral amo ants ass ,s d. against same, together with the total arr,oti.Lnt aJscssed, -1,nd t }games of the owners of such property so far as l,.novfn b : ing as fol?_cvn- ; (ADDENDA: Refer to Street asst sm--rit; lil,o' rrext a,tta^1-i.(. d and made a pu,rt hereof.) II, The several surds above 'me:rati_o led assossed against said parcels of property an;i the o —_--(;rs thcreof, respectively, together with interest the •eon at the rate of o, `_ght (8J) per cent per annum together wit11 real o ,a.bl:: attoru.r ;-' : fei-�s and costa 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 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, 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, one, two, three, four, and five years after the date of completion and acceptance by the City of said improvements, and the sums assessed shall bear interest from date of such completion and acceptance at the rate provided, pay- able annually with each installment, and. provided that if default be made in the payment of any principal or interest when due, then the whOlE: of the assessement upon which default is made shall, at the o. -tion of L. E. Whitham and Company or its assigns, be and be- come 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 shall :ave the right to pay any or all of t1l.-Le said installments, before maturity at any time, by payment of principal and interest accruod 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. Whitham, and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed; but the City of Wichita Falls -,hall exercise all of its lawful powers to aid in the enforcement and collection of said liens and suras 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 Falls, as near as possible in the manner provided for rale of property for the non-payment of ad - valorem taxes, or at the option of the said L. E. Whitham. and Company or its assigns, the payment of said sums and said liens and liabilities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums asse.,;sed against said parcels 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 City of Wichita Falls, Texas 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 City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its assigns, and shall declare the said amounts, time and terms of payment, and the rate of interest, and the date of completion and acceptance of the improvement . shall cohtain the name of the omner of the, property as accurately as 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 sha-i be owned by an estate, then the descrip- tion thereof as so owned shall be sufficient, Gr if the name 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 anis certif- icate or any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid prwitptly upon maturity, then they shall be col- lectible with reasonable attorney's fees and costs of collection if incurred, and shall, also provide substantially that the amounts thereb7lr evidenced may be paid to the collector of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there- f,,)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 with the City Treasurer to be kept and held by him in a Ferarate fund hereby designated as ..... . . . ............ Thirteenth ....... -.1 ......... ....... I ...... ..................... Street Special Certificate Fund I -- ----- ........... . ; and when any amount shall be made to the tax collector upon sue!,. certi f4 _Lcates, 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 certifi- cate shall be entitled. to receive from th(, City Treasurer the amount 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 be 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, 4.f incurred., have been paid in full. Said certificates shall further recitc, substantially that all proceedings with reference to making sucl� ' improvements have been regularly had -in compliance with the law', and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability of the Owner have beer. rE�gl,.Iarly done ,=)-nd I,eriformed, and such recitals shall be prima 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 -eve,al installments thereof, or may have c0upons for each of the first six 'nstallments; which coupons shall be payable either to L. E. Whitham and Company or its assigns or to L. E. Whitham and Comp. rr�- -r bearer; and such coupons may be signed either %rJAh the originaI. oi- with the, facsimile signature of the Mayor and City Clerk. V. Full power to make and lev,,,� re -assessments in any case and IL to correct mistakes, errors, ir.17-a-I 4 ditie,�I* or irregularities; either in assessments 0.- certificates issued in evidence thereof, is in accordance 10;ith laws vested in the City. Vi. The fact that the improvements herein mentioned are being 4 n an, 0 e delayed pending the effect of this ord..L . and. that the condi- tion of said portio] of street endangers the public health and safety, constitute;, and creates an urgent pt-blic necessity requir- ing that the rules providinj;­ that ordinances' be read at more than one meeting ng and for more than one time be suspended, and requiring that this,ordinance be passed and take effect as an emer,-­ency measure, and such rules are accord.ingl-' r suspended, and this ordi- nance is passed as an emergency- measur(,, and shall be in force and effect immediately from and, after its passage. Passed and approved this .... jp.t ...... ... day, of ........ . Xp A. D. 192..x..... ................................... Attest:- (Signed) R. E. Shepherd ....................».......................,.7 .......................». _.. (Signed) W. E. McBroom Mayors City of Wichita Falls, Tezas. ............. ­_ ................... .................. . . ............. . ........ City Clerk.