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Ord 833 10/18/1926�V ,) V' Yom No. 9 . ORDINANCE LEVYING ASSESSIPIENT FOR PART OF THE COST OF IMPROVING A PORTION OF FILI,TORE S^REET 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. Whereas the od of Aldermen has heretofore by resolution on the day of passed a "L r---�- _..-......_........._19;x. .. ............... ordered the improvement of /�v ell e Fiimor 'North�Street /'�, from the i,o rt h �-)rone-- � line of ilpro-certy I Pe Y l"11"e in the city of Winloita Fa11r , Texas, by raising, grading and fill- ing with same and installing concrete .urb,_ and g and paving one course reinforced concrete, and contract for the making and construction of sue' .imrr,veTren 3 was let to L. E. Whitham.& Com- pany and the Engineer filed wi t'n t1:1e Cit r roll or statement show - CD .n descriptions of the va.r, ou.s i;ar c :1 of abutting property, the g r a<,pit �t c -ac, �?,r �e� of property and showing amounts t,, be rsses�ed other matters and h ngs, an -1 .31ih roil or :statement was examined and approved; and after du,­� and rc tice, hearing was held and had; and by resolia.ti or_ pas:>e ( on Cie . 4&b ...... day of .......... 192.L-., all protests and ot;;jectior.," made virere overruled and the said hearing closed; and V�lEREAS, all other matt�,rs Ind thino-s aaecessary and pre- requisite hereto have been done �-,rnd er'formed; and the Board of Aldermen being of the c pin._or th,,' tlic a,-purtionment of the costs hereinbelow made and set firth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced va,l�,e thea cf by ir-le rs of ,uctii improvements, and is in accordance with the law and r �-oc=;ed i ng,_: of tI{e City, and that the amounts hereinbc;low shOWY1 and E.=sc:d a�!, i.nst siieh parcels of property do nut it an,,y case (xcef a th,' be f' .ts to such prop- erty in the enhanced va_Lun thereof by means: of such improvements, and that the assessor' n.ts so hcvlii and n ad'e d., not exceed the pro- portions of costs p c;p 'Y'l�•% cLarg-,able to such property under the law and charter in f,)rce in ti:),is City; THEREFORE BE IT ORDAINT,I) B`.,' THE BOATID OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied :and assessed against each parcel of property hereinbelo, Mentioned and against the owners thereof the; sums of monetiT b ='low n_entioned and itemized and the total amount set ;,r,;sitf the description of each parcel of property; th, s vie Cal i,mo1:{nts ase( :_.tit d against same, together '.pith the total,arno1n'.; such property so f- 1:ro > >`> ,'ssed, d t l:a.l�?S Of t)]6 owners Of a,a,.., wn b�lrol as fcl' uw,-s; (ADDENDA: Refer to Street asst ssmF It >' e�, `�"xt a,tta� licd and m, e a part hereof.) II. The several suns above mer.tio_7,:�d assessed against said parcels of property and the owners th, reof, respectively, together with interest thei-eon at the rate: of right (8%) rer cent per annum together with reasonable attor.r:,cT'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 hall be and ^OT,stitute a first enforce - not, and the said lien s 't is levied, able claim again,,,A the property on which assessmen arid 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 cnmPletiO`', one, two, three, four and Cifive Of years after the date of completion and acceptaLe by'the ty 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 principal or interest when due, then be made in the payment of any a shll* at be - the whole of the assessement upon whic�i default is made the 0° -tion of L. E. Whitham ani.Company or its as::?igns, be and 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 i,.ave the right to pay any or all of t1l.e said installments before maturity at any time , by payment of principal and interest accrued to the date of payment. III. The City of W-J.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 said L. E. Whitham and CoMpany and its as- ---Jgns shall look solely to such owners for payment of the sums assessed- but the C�AY Of Wich-'ta Falls :.,hall exercise all of its 0 lawful powers to aid in the enforcement and collection of said 2iens and SuMS a:.qd personal liabilities; and if default shall be made in the payment of any r, of said sums, collection therefor shall ale of the property 17 by the tax assessor and be enf(Drced 6-.'L.ther by s 0 .1 collectorof the City of Wichita Falls, as near as possible in the manner provider for ale of property for the non-payment of ad - valorem taxes, or --,.t the option I -),f the said L, E. Whitham and or its ass-igns, the payment Of said sums and -aid liens and liabilities shall be enforced in an',,- 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 enforce-ment assignable clertifi,:�ates shall be is sued by the City (,f thereof', of the Wichita 'Falls Texas upon the compic!tion. and acceptance I Falls, shall be executed by the Mayor in the work, i-�lhich certificates name of the City, and atteoted by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Wh-Itham and Company or its assigns, and. shall cL(.,,Clarc the said amounts, time and terms of payment, and the rate of ard. the date of completion r -, shall contair! the name of the and acceptance of the improvemeIit,-,, owner of the property as accarc.tely as possible, shall contain a perty by lot block numbet" or front feet L description of the pro -Py sai..,e; description s c. rip t ray ctherwis ;Identify thereof, or, such other ion as m n , estate, then the descrip- and if the property sha-,i be cznE;d by a tion thereof as so owned shall be suff-Icien.t. _r if the name of the owner be unknown, then to so state shall. be sufficient$ and. mistake dn (,escribilng an'%r property or 4_n crivinE-. the. CD 110 error 01' ml name of owner, shall.. invalidate o ri any 11ise impair an-, certif- r J. icate or any assessitent levied r b,, this ,rdinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be col- lectible with reasonable substanti.allysthatctheeamounts attorney's if incurred, and shall also provid thereby evidenced may be pald 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 80 received by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated as ...... Street Special Certiii'c­'U'i'e­,_i.�a . . ... .. ........ .. ....................................................---•--....._..... ............. ......... ...... an . d .... when . n .". any amount shall be made to the tax No. .................. I ............... on to him , such certificates, he sh,,11.1 upor. presentation collector upon 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 certificate so endorsed and credit- ed, by the holder with tie amount paid; and such end)rsement and cred- it shall be the Treasurer's warrant for makirg such payment. PaY- ments by the Treasurer shall c-tlso be receipted for by the holder of such certificates in writing,_, and by surrender thereof when the prin- cipal, together` with acl-ru-d intere-st and al.1 costs of collection ft fees, f incurred have been paid in full. and reasonable attorley's I Said certificates shall further recite substantially that ail prc­ceo�aings with referOnoe to making suc�j improvements have w',th the law, and that all pre - been regularly had in cojrp1i!.,nce -,�xijjg of the assessment lien against the pi,op- req,�,_oites to the I � I.es and the personal liability erty described -in s uo h c e r t 1� f i - a, t of the owner have beer,, regl:larly done and I-erfon'ried, and such recitals shall be pri.r.,-la 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, ,evel­al instailments thereof, or may have coupons 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. Whitha-m and Compan,-V , r bearer; and such coupons may be signed either with the originai oj- with the facsimile signature of the Mayor and City Clerk. V. Full power to make and. levy re -assessments in any case and correct mistakes errors, jnvaliditie�i, or irregularities; either to corr I is in 1 4- eS 0-- certificates issued in evidence ttiereof, in assessments � ancordance with law, vested in the City. Vi. The fact that the improvements herein mentioned are being delayed pending the effect if this ordinance, and that the condi- tion of said portion. of street endangers the public health and s a,fety, constiti, I ites and creates an urgent public necessity requir- ing that the rui.e-s 7rovidinr- that ordinances be read at more than one meeting and for mars_than one time be suspended, and requiring that this ordinance bc� T)assed and take effect as an emergency measure, and such rules s,re accordingly I I suspended, and this ordi- r,&nce is passed as an, EMe`geY measure, �.md shall be in force and effect immediately from and after its passage. Passed and approved. this ...... d ay of........... .............................. A. D. ...... . ....... ................... Attest:- Mayor, City Of Wichita Falls, Texas. 'City Clerk.