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Ord 846 11/1/1926Pom No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF TAYLOR 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 OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. the Ro,-vd of Aldermen has heretofore by resolution Whereas, __192 passed on the ....... 112t.h ... .......... dav of ......... 4 Y . ...................... ordered the improvement of Taylor Street, from the South Property Line of Ninth Street to the North Property Line of Tenth Street, in the city of Wi^h!t, -i, Falls, Texas, raising, grading and fill- ing same and installing concrete 3urbs ctncL gutters and paving with one course reinforced concrete, and contract for the making and construction of :such was lj2_t to L. E. Whitham & Com- pany and the Engineer fil-d. wit"i Clt�y roll or statement show - 'z" V" 11-1, W�l 1�, property, the r, of the ,1 LU .9rcf.-�Js of abutting Ing descriptions C. amounts to be aSSeSS(.'d (-.ach of property and showing other matter%, arid '.hin,7s; and such ,cll or ;,tatement was examined and approved; and after and proper notice, hearing was held and had; and by r< souti on passF d on t h e . JA,.t ....... day of .... 11QX=t0.X ... . ..... 292-6.... all protests and objectio-ris made were overruled and the said hearing closed; and WHEREAS, all other- matt --s _end. t'riings necessary and pre- requisite hereto have b. ---,en done tuid and the Board of that t1l.c, r -rtionment of the costs Aldermen being of the ()r!r1J0YI .4 ) - hereinbelow made and set fc�rth is -'1,n substant4�-al proportion to the benefits to the respective parte s >f abutting property in the enhanced vali,te thereof by iral)-roverents, and is in accordance viith t'he lav, , �.jid j,,,c,1-eed.!_ng.-: of the City, and that the amounts lieteirbclow s and against such parcel of property do nut in any case thiC beilefits to such prop- erty in the --enhanced value-there:)"b,;- rrF arts of such improvements and that t1lcaSS`C-sSnr1_`;Y1'ts so hczrc and rra-de d,, not exceed the pro- portions of costs -rl,°1 cl,a_rg,�able to sucl-, property under the law and charter in f,rce in this City; THERF7X-O=, BE TT ORDAI-17,7D BY THE, BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall b, aril ic hereby levin%J- ezid assessed against each parcel 0, p —tinned I hei-inbelow -�. -ti(ned and against the owners there0- t,he ,urns Of trCre7,1 menti-oned and itemized th,_! descripti0l, of each parcel and the total S!Ct of property; th(- s,-veral amo,t;nts ass s - .-d against same, together of the owners of -)'a'. with the t,( (ADDENDA: Refer such property so f��,r to Street rs xj tt a}i,-.d and made apart t hereof.) II. bove The severalS 11 -_ 13 a , r e, YI t 1 onod assessed against said ls of pi -o -n rty and t',-- ow,r:�r­ respectively, parcels �_ 0 1 1". - I -, t1-iere_ f r - tively, together with interest lu?�ioi-eon .-A ratc; of e1,9,ht (8%) per cent per annum together with 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 claim againot the property on which assessment is levied, and shall be the first and. paramount lien thereon, superior to all other liethns and csloaims assessed exceptshall statbe e, payable county, anasd followsmunicipal taxes, and e sums to -wit: I'll'six equal iristallr,4nts (annual), due respectively on or before the date of completion, ones two, three, four, and. five years after the date of completion and acceptance by the City of said improvement'so and the sums asse`ised shall bear interest from date of such completion and acceptance at the rate provided, pay- able annually with each installments 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. Whithalm anal Company or it:3 as:Agns,, be and be- come at once due and payable together with reasonable attorney's fees and costs of collections if incurred, and provided furthkor that the owners of such property shall have the right to pay any or all of the said �n�nalinteresteaccru�:dttoltheadateyoflpayment.lments bformaurty t ant me, by payment of principa III. The City of W -.i chita Falls shall not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the 3aid itham and CoMpany and its as- signs shall look solely to such owWnhers for payment of the sums assessed; but the Clty of Wich-Ita Falls L.hall 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 eLther 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 at the option ,)f 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 assessed 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 improvements# shall contain the name of the owner 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 sanie; and if the'property shai-i be oti,ined by an estate, then the descrip- tion thereof as so owned shall be sufficient, t,r if the na-.ne of the owner be unknown, then to so state shall be sufficient, and no error or mistake in describing any property or .n giving the name of owner, shall invalidate or in any wise impair an,N,, 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 promptly upon maturity, then their shall be col— lectible 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 City of Wichita Falls, Texas, who shall issue his receipt there- for, 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 separate fund hereby designated as ................................... ................ nw-19.R ....... ­­ ......... ..................................... . .. Street Special Certificate Fund No_ .......... . . 1 . . .... ... ....... and when any amount shall be made to the tax collector upon such certificates, he shall upor 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 thi_- City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit— ec by the holder with t1le a.:iount paid; and. such end)rsement and cred- it shall. be the Treasurer's warrant for making such payment. Pay- ments by the Treasurr-r shall also be receipted for by the holder of such certificates iIL writlro-, and by surrender thereof when the prin— cipal, toget-her with accrued interest and all costs of collection and reasonable att,,.Irn<Lyls fees, -if inct,,rrd, have been paid in full. Said certificate's shall further recite substantially that all pre_-., ceeidiiings with reference to making such improvements have been regularly had in with the law, and that all pre— reqisites to the i. rise-Ornent lien against the pl-op— ,J­xing of the erty described in suoh certificate::, and the personal liability of the owner have bef­r re('r'Llarly done cand performed, and such recitals shall be pri�tia facie evidence of the facts ,-,,o recited, and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi— dence of ea,.Ih or all of the ��eve., ..nstailments thereof, have coupons for each. of the first six 'installments,; which coupons shall be -payablf-,. either to L. E. Whitham and Company or its assigns, or to L. E. Whith,.-j,m and Comps -,}),,V r bearer; and such coupons may be signed either with the original or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and levv re—assessments in any case and to correct mistakes, errors, invaliditie�.;, or irregularities; either in assessment,,:i or certificates issued in evidence thereof, is in accordance ��ith 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 condi— i tion of sa'd portion of street endangers the public health and safety, con.,.itJtules eald creates an urgent, public necessity requir— ing that the rules providin. that ordinances be read at more than one meeting aand for mere than one time be suspended, and requiring that this ordinance be, rassed and take effect as an emer�_,ency measure, and such rules are accordingly suspended, and this ordi— nance is passed as an emergency, measure, and shall be in force and e,�ffect immediately from and after its -passage. Passed and approved. this ... 19t .... ..... dav of ........ .. Novemberl­­. A. D. 192..6..-.. Attest:— (Signed) W. E. McBroom City Clerk. (Signed) R.E. Shepherd, ............................ ­­ ............ ­ ...... ...... ...... ­­­ ............... .. ........ Mayor, City of Wichita Falls, Texas.