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Ord 827 9/20/1926Yom No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF tr TC.7;, 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 Boa.d of Aldermen his her tofore by resolution passed on the .........�ay of ..........._ �?4=�......���^r-.`._.w...._192..... a., ordered the improvement of J T... .l ��:TT U _. n o ,moi r 1 ,_ `.) _ . ._ ...v ..) in the city of Wichita Falls, Texas, b,'.T raising, grading and fill- ing same and instu.11i.ng concrete curbs and r;utters and paving With one course -reinforced concrete, arid, contract for the making and construction of inch � ripy--cverr.ents was let to L. E. Whitham & Com- pany and the Engineer fil:. d wit'r? t',e City roll or statement show- ing descriptions of the ar' c us parcels of abutting property, the amounts to be assessed a,.,:.in,�t each parcel of property and showing other matterb and 1,11 n.gs; and• such roll_ or :statement was examined and approved; and after ruo and proper notice, hearing was held and had; and by resuTution passed on the th.... day of .....;;, r,- 292 ... 192... .., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all oche - mattes -S tnd th-S_ngs necessary and pre- requisite hereto have been don,- and p r lorzr'd; and the Board of Aldermen being of the c,pinio:. th,-",t Lti a- 1.tionment of the posts hereinbelow made and set f, rth is a.n substai-it al proportion to the benefits to the r;spc ctivE; par el.s of abutting property in the enhanced val,Ae thereof by blears ,if such .i,mpr•overnents, and is in accordance with the law and p cc eding:> of the City, and that the amounts her eirib:;low sh:O-W and .ssesse0 agaJ.nst such parcels of property do riot in any case c Lcee.d the bencflis to such prop- erty in the •nhanced va lura t1ler eo by means of such improvements, and that the assessments so and rade d:.� not exceed the pro- portions of coats pj op rl,;.1 cl,.argvable to suc}i property under the law and charter in f ,rce in t1tis City; THEREFORE BE IT ORD A71NT BY THE BO NRD OF ALDERMEN OT THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall b and is, hereby Iuvicd an.d assessed against each parcel of pY°o j. c,y'tv_. hcrF°inbelovT::, nti.oned and against the owners thereof the sums of m 7 c y b lo,vr mer.t1.oned and itemized and the total amour t set ;, G_ to ", description of each parcel of property; ti -c s vc ral axncunts -ass-­s d_ an,,ainst same, together with the total ar. ol.-.nt< �^e;ssed, � r�ci t'. names of the owners of such property- so far as !,-I -own as fallnvrti; (ADDENDA: Refer to Street ' '_ ^* _-.:x tt ii :;d and made a part hereof.) c��s� ctlJ.''.�V t: ! �� II. The several ,u s above assessed against said parcels of property a_d the ow (-rs thcreof, respectively, together with interest ce ) l at 1,110 rate of i ght 1�er cent per annum together with reasonable attorr - together 0 fool, 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 ;hall 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 folloAls to -wit: In six equal ii-Istallments (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 asigns, be and be- come at once due and payable together with reasonable attorney's fees and costs of coilection, if incurred, and provided further that the o,,Nrners of such property shall iicave the right to pay any or all of t],e said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. The City of W.i.,_:hita Falls shall not be in any manner liable for the payment cf any sums assessed against any abutting property or any owner, but the said L. E. Whithan and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed- but the C-ty of Wich". Ua Falls -hall exercise all of its lawful powers to aid in the enfo,-OE..�,,exit 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 gale 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 paid 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 thf,, time and terms of payrnlent, and to aid in the enforcement thereof, assignable certificates s1nall be is,�ued by the City Of Wichita Falls, Texas uioon the con)plet--'!-on and acceptance of' the S -�d by the Mayor in the works which certificate - shall be execut,, name of the City ancL atteoted by the City Clerk with the corpor- ation seal, acid shcall be payable to L. E. Whitham and Company or its assigns, and declare the c!ai.d ar_,aOunts, time and terms of payment, arcl. rate, of `rlterest, ard the date of completion and acceptance of the ivjprovemert4.;, :.:,hall contain the name of the owner of the: prcp,:+rty as acCu1%-AE'1*Y as 'Cossible, shall contain a description of the tiroperty by lot and block numbel or front feet thereof, or such ether descrirti, n as ma; ­ otherwise identify same; and if the property sha-i be by an estate, then the descrip- tion thereof as so owned shall be sufficient, e,lr if the name of the owner bll,. -Limknown, then to so state shall be sufficient, and no error or I mistake in (_escribing an, -,1, property or _n giving the name of OAme­S shall invalidate or J.n any ,,rise impair any certif- icate or any assessent levied by this 6rdinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid prorliptly 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 ma-ir be paid to the collector of taxes in the City of 'Nichita 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 sleparr_Jte fund hereby designated as ................. . ..... ... ...... ............................ ­­_ Street Special Certificate Fund ......................1........................_; and when any -..mount shall be made to the tax collector 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 the City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with the ai4ount paid; and sizch end)rsement and cred- it shall be the Treasurer's warrant for riakirg such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writing, and by ,_,,urrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's foes, if incurred, have bee paid in full. Said certificates shall further recite substantially that all proceedings with reference to -making suc:.i improvements have been regularly had Jin conipliance with the law, and that all pre- reqoisi.tes to the fixing of the assessmf--.�nt lien, against the p"Up- erty described :in such cert'-ficates and the -personal liability of the owner have been rE'gl,larly done and. Terforrtied, and such recitals shall be prir�ia facie evidence of the facts so recited, and no further proof thereof shall be rr)quired in any court. Said certificates may have cou-,ons attached thereto in evi- dence of ea_,,h or all of the ; ovefal installments thereof , or may have coupons for each of the first six installments; which coupons skull be to L. E. Whitham and Company or its assigns, or to L. E. Whitham ;bnd. ComM.�,n-y .:r bearer; and such ,oupons may be signed either with the origira.,. 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 mistakr,s, errors, Invaliditie.or irregularities; either-, in assessment:• ocertificates issued in evidence thereof,, is in accordance aith 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- tion of said Dortion of street endangers the public health and safety, constitutes and creates an urgent -nu.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 bF, rassed and take effect as an emer,-7ency measure, and such rules are accordingly suspended, and this ordi- na,nce is passed as an emergency me-asure, and shall be in force and effect immediately from and after its passage. Passed and approved tI_As ....''0 th r OL, _...da7 of ...... . .......... . t.s ...................... ........... ........... A. D. Attest: - 'he I -a-3 ................. ­-...'.Lt.I ..... ......................... ..... ... - Mayor,, City of Wichita Falls, Texas. rr, .............. City Clerk.