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Ord 834 10/18/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF PI11110AE STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTT T NG PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE �' ' �F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa -, a oif Ald.ennen hr.,s her. ofo ,re by resolution P on the ...... of ....."PY .................... ordered the improvement of ...... ZZ Y_ Filmore Street from the ixorth Property Linaof Avenue 4, to the Korth Property Line of the dichita -valley Right of viay. in the city of Winhita Falls, Texas, b,y_ raising, grading and fill- ing same and installing concrete ct; ' rb,--, and gutters and paving with one course reinforced concrete, and contract for the making and construction of �_,ucn inqprovernrent:3 ;eras let to L. E. Whitham & Com- pany and the Engineer fil­d with the City roll or statement show- ing descriptions of the v=.ix'Lc-)1_3_9 parc'_,Is of abutting property,, the amounts to be assessed again ;t., eac'h 1.,arcel of property and showing other matters and fhj..rc_rs; an�l si.ich roll or ta.tement was examined and approved; and aftcr duo and pro -,per nutliso, hearing was hel,,d and had; and by rpsk)ivtion passed on -".h ..__-day of....... &mW 192.6--, all protests and object ,,.on: made viere overruled and the said hearing closed; and WHEREAS, all othe.r- matt�,.rs !',tnd things necessary and pre- req�uisite hereto h -ave b,en) d.orj.-c and pe—formed; and the Board of Aldermen being of the th'_-t the a-p,.)rtionment of the costs hereinbelow r -jade ,:tr.d. st forth is 'n, substantial proportion to the benefit: tc, the respective; parcel.s of abutting property in the enhanced val-,o thor�,of by :,jcL,.i--r lic', 4= and is in accordance with the, 11aw of td'ie City and that the amounts and a7cD,-*nst such parcels of property do ii,.,t it'. ara,asle t:r_cced, tli(- bene f -Its to such prop- erty in the enhai-iced tlcrefb rj--,c.:-an.s of such improvements, and that the asssn,­,,nts so hcvlr'_ and ,nadc ci not exceed the pro- portions of costo pig pearly ckargt,­.,blr! to property under the law and charter in frcn in z - his City; THEREFORE BE IT ORDATK51) BY TH7 BOr�.RD OF ALDERMES OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be ar,1 is her,, --.by ievieel c.nd assessed against each parcel of pro,,)0rt-,,r her-inbelow !-inti-oned and against the owners thereof the sums of mono,-/ bele„,,, rri-ntioned and itemized and the total ayr, u n t s e t o T) u s, ; t the dosorl-ption. of each parcel of property; the scvcral arno,,,;nto ass­,'srd_ a�ainst same, together with the total amo,,"rit aosesse:dv anal- f -j, rar-es of the owners of such property so far, as as (ADDENDA: Refer to Street assl-ssmlent 3leot ­i,'xL attac.h,_-.!d and made a part hereof.) II. The several sums above me -ratio ei assessed against said parcels of property arid t1ir owrer.s, thereof, respctively, together with interest the -.,-eon i '],)c rate of I Yit (8) rer cent per annum together with reaso,lab'li_�­ at',or­,­ioj 1 - fees /0 , j':. _ arLd 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 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 asse,�sed 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 option of L. E. Whitham and Company or its as:_,igns, 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 tiave the right to pay any or all of tie said Installments before maturity at any time, by payment of principal and interest accrued to the date of payment. The City of Wi:�hita Falls shall not be in any manner liable fox the payment of any sues 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 soms 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 :ale 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 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 isfued by the City of Wichita Falls, Texas upon the completion and acceptance of the vv,ork, which. certificates shall be executed by the Mayor in the name of tho City and atteoted by the City Clerk with the corpor- ation seal, andd shall be payable to L. E. Whitham and Company or its assigns, and shall, declare the said am:junts, time and terms of payment, and the rate of _interest, and the de.te of completion and acceptance of the improvements, :shall coratai.r. the name of the corner of the property as accurately 1j.s possible, ,shall contain a description of the property by lot and block numbe, or front feet thereof, or such other description as may otherwise identify same; and if the p rop_rty slaa.i be ovncd by an estate, then the descrip- tion t? creof as so owned shall be suffLe-lent, c;r if the name of the oruner be, �:nknos,vn, then to so state shall be sufficient, and no error or mistake in .escr:ibing an,"), property or In giving the name of owner, shall inval.ida' e or in any wise impair an:r certif- icate or any assessor:^,ent levied by this .ordnance, Form No. 9. Page 3. Said certificates shall provide substantially that if same shall riot be paid prori'ptly 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 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 .................. __ ....... __.. Zilmore .................... ........................ Street Special Certificate Fund .................1....................._.; and when any amount shall be made to the tax collector upon such certificates, he ssli.11 11por 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 the City Treasurer the amount paid, upon presenting to him such certifi-1-ate so endorsed and credit- ed by the holder with the ati,,.ount paid, and such end-)rsem-nt and cred- it shall be the Tre&,_,-)urer1s warrant for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writin,­, and by surrender thereof when the prin- cipal, together with. accrued interest- and all. costs of collection and reasonable attur.neyls fees, `f JILAicurred, have been paid in full. Said certificates shall further recite substantially that 11 proceect-11ags with reference to riakinf, sucIL improvements have a - 7 been regularly had `;n compliL-.nce with tl-ie law and that all pre - CD $ req,_I.s,ltes to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability of the owner have beer rcg,,larly done and Terformed, and such recitals shall be prima facie evidence of the facts so recited, arid no further proof thereof shall be required. in any court. Said certificates may have coupons attached thereto in evi- dence of ea, -- ,h or all of the ; everal instailments thereof, or may have coupons for each of the first six irsta_llmente-,; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L. E. Whitham and Comp any -r berarer; and such coupons may be signed either with the originai or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invaliditiel-�, or irregii.larities; either in. assessments o'r cey,tificates 1..ssued in evidence thereof, is in accordance with law, vested in the City. Vi. The fact that the improvements herein. menticned are being delayed pending the effect of this ordinance, and that the condi- tion of said, 'portion of street endangers the public health and safety, constitu'eq and. creates an. urgent p�)blic necessity requir- ing th.,aA the rules j=vidin,, that ordinances be read at more than one meeting and. for more, t1han one time be suspendled, and requiring that this ordinance be passed and take effect as an emer,-ency measure, and such rules are accordingl.7,r suspended., and this ordi- nance is passed @,o, an emergency mo.9asure, and shall. be in force and effect immediately from and after its passage. Passed and approved this da',- 0 f ........ ... ARgast . .......... ..................... A. D. 192.&..... 0 Attest:- E. Shehe. fd "*"****-* ---- * ---- - -p ------ *"** ....... ­ ....... ­­* ....... (Signed) W. E, MaBroom. Mayor, City of Wichita Falls, Texas. ..... .......................................................................... City Clerk.