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Ord 826 9/20/1926Yom No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 Board of Aldermen has heretofore by resolution passed on the .......�l.. t...._.._.....day of .......................... -..... .......... .......... _192..x?.,..., ordered the improvement of t,"dortr of , ;,rtl° St-roet, !,.,o -rt!- T riper - Ji. e o - T - ,,-d 3t�o�e,t in the city of Wichita Falls, Texas, by raising, grading and fill- ing same and. installing concrete curbs and gutters and paving with one course reinforced concrete, and contract for the making and construction of :such improvements was let to L. E. Whitham & Com- pany and the Engineer filed with tln.e City roll or statement show- ing descriptions of the various part^1s of abutting property', the amounts to be assessed ag.-inst each parcel of property and showing other matter: and thlngs; an(]. such roll or statement was examined and approved, and after due and roper notice, hearing was held and had; and by resoluta on passed on he t�.ts.....day of ...._.....,t.: 192...x..., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters <and things necessary and pre- requisite hereto have been done and performed; and the Board of Aldermen being of the opinion that tl-,e apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced val..e thereof by means of such imp rove�ents, and is in accordance with the law and p:-oceedings of the City, and that the amounts hereinbelow sl -own and .s {essed. against such parcels of property do nc::t in any case xcced the benefits to such prop- erty in the onhanced value, thereof by means of such improvements, and that t'r'ee as lessments so hotivrt and made d.. not exceed the pro- portions of costs proper1v chargeable to sucrL,, property under the law and charter in f>rce in this City; THEREFORE BE IT ORDAINED BY THE BORD 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 hereinbelow mentioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts assessed against same, together with the total amount assessed, and tine names of the owners of such property so far as ?mown being as follows; (ADDENDA: Refer to Street assessment :sheet next attached and made a part hereof.) II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8%) per cent per annum together with reasonable attorney'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 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 SIAMs asseised 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 ani Company or its as,-:igns, 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 -,j-ave the right to pay any or all of t1e said Lnstallm,:-nts before maturity at any time, by I-Yment Of principal and interest accrued to the date of payment. III. The City of WJL,hita Falls shall not be in any manner liable foi the payment cf any sums 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 s,,.ims 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 oDtion of the said L. E. Whitham and Company or its assigns, the payment of said. sums and ,,aid 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 W.1chita Falls. Texas upon the completion and acceptance of the viork, which certificate --s shall be exeni.ite.d by the Mayor in the name of the City v,nd, atteoted by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and. Company or its assigns, and. shall. the said amolint-s, time and terms of payment, arid. !-,he rate of 4jr.terest, and the dr-,te of completion and acceptance of the iwplrovement,� �shall contair the name of the p I I caner of the propr:!rty s aoci,.,rately Fq possible, shall contain a L S 6,,e,.scr'1-,-jtj.on of the property b.y lot and block number or front feet thc,reof, or such other df scrijpti,n as may, othprwist--, identify sai-r.ie; and if the prr,perty slia,.-:. I ov.rj(,d by an estate, then the descrip— tion thereof as so ovvried sha'111 be suffi;`,`ent, ur if the nacre of the owner b,,: 'L,_nkno,,rvn, then to so state shall be sufficient, and no error or i,,iistake in _,escr5_-1)J.ng an,,;.r -rcper,ty or '-n �,ivin�z the of owner, shall invalidate or in any ,},rise impair ar-i.T certif— icate or any asslessi-.nent- levied by th-1s )rd,inance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall, not be -raid prorQptly upon. maturity, then they shall be col- lectible ,,,iith reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby evidenced may be pa-ld to the collector of taxes in the City of Wichita Falls, Texas, who shall is.,.,,Iue 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 r(,ceived by him forthwith with the City Treasurer to be kept and held by him in a separate fund. here. y designated as .................................... ............... ......... .................. .............. Street Special Certificate Fund No.- ...........................1............._.._.; and when any amount 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 thy:. City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed. by the holder with amiount paid.; and such end)rsement and cred- it shall be tI-Ile Treasurer's Yvarrant for making such payment. Pay- ments b7,- the Treasurer shall also be receipted for by the holder of such certificates in writinp-°, and by surrender thereof when the prin- cipal, togethe'r with. accrued interest and all costs of collection and. reasonable att:�ri­.eyls fees, Af incurred, have been paid in full. Said certificates sl%a"Ll further reoite substantially that all procee u ings with. reference, to making such improvements have been regularly had in complil-.-t,nce with the law, and that all pre- req,,-Isites to the fixirig of the rassesoment lien against the p;.-op- erty described -.-n Such oert'_.ficates and the personal liability of the owner have been regiI.arly done and performed, and such recitals shall be pri!,>Ia facie evidence of the facts so recited, and no further proof thereof sh,,3,11 be required in any court. Said certificates may have coupons attached thereto in evi- dence of each or all of the I eve ral. installments thereof, or may have coupons fcr each of the first six installments; which coupons shall- be raya-ble dither to L. E. Whitham and Compary or its assigns, or to L. E. Whith.,am ard Compary .r bearer; 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 lev�,,- re -assessments in any case and ditie,., or irregularities; either to correct mistakes, errors Anval..-) in assessments o:ry certificates issued in evidence tvierecf, is in a(-cordarice with law, vested in the City. VI. The fact that the improvements here -in mentioned are being delayed pending the effect of this ordinance, and that the condi- tion of seAA port.ioin of street endangers the public health and safety, constitutes incl creates an u-,r7ent public necessity requir- ing that the rule.- I-rovidi-nc, that ordinances be read at more than one meetinfand. for more tha(, n ,,ne time be suspended, and requiring that thi.�_i ordinance be rassed and take effect as an emer�ency measure, and such rules are11 accordirgly suspended, and this ordi- nance is paz:Led P.3 an emergercy mcFlsure, and shall be in force and effect immediately from and after its passage. Passed and approved. tk,,Js .... 20...__...dy- aof ...... .......................... ..... ............. ........ A. D. 192-L... (Signed) ''h Attest 3.e .-.Ir- e......d ......... .......................... Mayor, City of Wichita Falls, Texas. ............... City Clerk.