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Ord 837 10/25/1926Tom No. 9 ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF BELE STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE 071NERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa -,d of Aldermen has heretofore by resolution passed on the ........3rd................da.y of ......... day..... ..... ... ..._...._ ......._19�......f�, ordered the improvement of Bell Street from the South Property Line of Ave. J to the North Property "L ine of Ave. L in the city of Wi,hita Falls, Texas, b raising, grading and fill- ing same and :installing concrete curbs and gutters and paving with one course reinforced concrete, a.nd contract.for the making and construction of such. irnpr�:ver:ent: was lc:t to L. E. Whitham & Com- pany and the Engineer fil(.ld wri tY- tl^e City roll or statement show- ing descriptions of the v:;.rl l.as pare l.s of abutting property, the amounts to be assessed. ag ;.in _�t ra.ch -parcel of property and showing other matteri3 and ',pings; an' such o11 or : tatement was examined and approved; and after du.: and proses r,ut� c hearing wqa hold lel t E3 to er....... and had.; and by rF sc�ut7 on passed on yhe ..............day of ....�........... 192.,.6 ... , all protests and objet _ons made were overruled and the said hearing closed; and A REAS, all ot_h r rrIatt'� ��s r.i.nd things necessary and pre- requisite hereto have t � erg clone rd firm: d; and the Board of Aldermen being; of the ir;_o . t'fat t' E.pJrtionment of the costs hereinbelow r.,a.de ayid s f: rth i. -n substantial proportion to the benefit.; tc til r,F1 1)t c t,srr, [ rye 1 s o a,'� ruing property in the r enhanced va.l-el t^-. r cf b.; ir.o.l,rl f' , l rr_pr ovements, and is in accordance ��i tl ' h, t� rd c c;d, 1&_-; of tete City, and that the amounts ''''le` i17� anCi. c_�rC a��c+.inst sr�ch parcels benefits to such prop - of prcperty do n,t �.ra tin ca;e xcE-�e�a t ->';f= r prop- erty in the b- r c,,ans o f such improvements, cs m ,nis so : hcti� and. riad�, d not exceed the pro - and that t:ti,� .: a portions of co. is p. r,p ;rl o. p- r j ca.bIE, to Sucl� property under the law and charter in f �rce in t} is; City; THEREFORE BE TT ORDAiNFD BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FAILS, TEXAS, THAT: I. There shall be arl is hereby levied. and assessed against each parcel of propert," hereinbelo�.i ?nti.oned and against the owners thereof the sums of mone7l7 belo-:T r-(Ier?ti oned and itemized and the total amount set o+.pcsi.te t') description of each parcel of property; the several amol:nts as" =sed agasr,st same, together with the total amount assessed, nd. t ramFs of the owners of such property so far as known b� _ng, as foil w:,; (ADDENDA: Refer to Street assessment ci-nett. next-Itta•,-shed and made a part hereof.) II. The several srar: s above merti oned assessed against said parcels of property and th ow:rers th,-reof, respectively, together with interest t:-�ei'eo_ at. t':ze ate of el,Th (8%i ?ger cent per annum together with reasonable atton,..,-,Yl c fe�-S and cost-} 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 first enforce - not, and the said lien shall be and constitute a 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, onp, two, three, four, and five years after the date of completion and acceptance by the City of said improverients, and the sums asse:jsed shall bear interest from date of such completion and acceptance at the rate provided, pay- able annually alth each installment, and provided that if default be made in the payment of any principal or interest when due, then the whole or the assesso-ment upon which default is made shall, at the o -tion of L. E. Whitham ani Company or its assigns, be and be- come at once due and payable together with reasonable attorney's fees and cots of collection, if incurred, and provided further that the owners of such property shall rave the right to pay any or all of te said installments before maturity at any time, by -payment of principal and interest accrued to the date of payment. III. The City of W-I.uhita Falls shall not be in any manner liable foz the payment of any sums assessed against any abutting property or any owner, but the :paid 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 slims 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-payTtierLt of ad - valorem taxes, or at the oj)t1on , o�f the said L,, E. Whitham and Company or its assl.gns, the payment of said sams and 3aid 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 L,f W.1chita Falls, Texas upon the completion and acceptance of the ,work, which certificates shall be executed by the Ma- yor in the name of the City ane atte3ted by the city Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and. Company or its assigns, and shall. d(,clave the said, amcunts, time and terms of payment, and the rate of inter -est, and the date of completion and acceptance of the improvements, shall contair the name of the civner of the property as accurately as possibi-P, shall contain a dr,scription of the property b�7 lot and block number -r front feet thereof, or such other deooripti-,n as ma;,T otherwise identify say,e; and if the property sha., I be ov.ned by an estate-, then the descrip- tion thereof as so owned shall, be sufficient, cr if the name of the owner be unknown, then to so state shal.11- be sufficient, and �- no error or mistake i (. n ' escribing any property or -n pivinthe name, of owner, shall invalidate or in any 1,,,,ise impair an, certif- icate or any assessment levied by thi.s ordinance. Rom No. 9. Page 3. Said certificates shall provide substantially that if same shall riot be paid prof-tiptly 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 thereby evidenced may be paid to the collector of taxes in the City of Uichita Falls, Texas, who shall issue his receipt there- f,�'tr, which receipt shall be evidence of such payment upon any de- mand, for same; and the collector of' tr-txes shall deposit the 'sums so rt,ceivc.,d by him forthwit'r. with the City Treasurer to be kept and held by him in a separ-,,3,te fund hereby designated as ............................ _.._ Bell_.. -111 . ....... ­ ...... ................... Street Special Certificate Fund ...... ...... and when any amount shall be made to the tax c�;llector upon such certificates, 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 thl:-_ City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed. by the holder with the am(')unt paid; and such end,)rsement and cred- it shall be the Trea�3urerls ,1jarrant for making such payment. Pay- ments by the Treasurer shall also be receipted-for by the holder of such certificates in writinp-, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, "!f incurred, have been paid in full. Said certificates shall further- recite substantially that all proceeuings with reference to making suc,'-i improvements have been. regularly had in Compliance with the law, and that all pre- recit,ioites to the fixing of the asses3ment lien against the plop- erty described -in such certificates and the personal liability of the owner have beer reg,41arly done and performed, Formed, and such recitals shall be pritila facie evidence.o f the facts so recited, al, d no further proof thereof shall. be r(--quired in. any court. Said certificates may have coupons attached thereto in evi- dence of ea,_,h or all of the -eve-,--al. installments thereof, or may have coupons for each of the first six 'n.stallments; which coupons sh,ala, be either to L. E. Whitham and Company or its assigns, or to L. E. Wh;tham arid Comr,�.ny r b�earor; and such coupons may be L signed either with tho ol­jgirlai or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and levy re-assf�ssments in any case and to correct mistakes, orror-,;, irn-aliditie. , or irregularities; either in assessments-, o_- oe�tif_'.cates issued in evidence tnereof, is in ancordance %A-th 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- tic,n of said POrtiOCL of street endangers the public health and safety, constituf,es and creates an urgent p..blic necessity requir- ing that the rules providin- that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that thio, ordinance bpassed and take effect as an emer!,ency measure, and such rules are accordinglv suspended, and this ordi- nance is paired as ail emergency measure, and shall be in force-, and effect immediately from and after it " assage. Pa sed and approved this ......... 9..........day of...... . ............ . A. D. 192� ...... . I S igne cl) R. E. Shepherd. Attest:- .............................. ..- ......... . ............. I .................. -1 ...................... Mayor, City of Wichita Falls, Texas. .(Signed.)..Ir% E. 7HcBroOM ........... ... ............................................... . ..... City Clerk.