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Ord 825 9/20/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF vI,,�-1,"7" f 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 0'F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa,.,d 9f Aldermen has heretofore by resolution passed ° Y :a..-, on the .......�. ..�• ....._.......da, ordered the improvement of 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 the City roll or statement show- ing descriptions of the various parcels of abutting property, the amounts to be assessed. against each parcel of property and showing other matters and things; and. such roll or statement was examined and approved; and after due and, proper notice, hearing was held and had; and by resol.utJ on passed on the �.�.:��_...-day of ........�.iY Vit.:.._..... lg2-•,,_, 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 bce_Fi done and performed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and sct forth is in substantial proportion to the benefits to the resrective parcels of abutting property in the enhanced val,te thereof by rtleans of such improvements, and is in accordance with the law and p oce eding., of tiie City, and that the amounts hereinbc:lcw shos,n and s essed. against such parcels of property do not in any case t.xceed thc> benefits to such prop- erty in the enhanced value thereof br means of such improvements, and that the assessments so hotiv : and made d.� not exceed the pro- portions of costs properly chargeable to ,uch property under the law and charter in f,)rce in this City; THEREFORE BE IT ORDA?NED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be ana 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 onnos-,+ the description of each parcel of property, the several amounts assessed against same, together with the total amount assessed, and. the names of the owners of such property so far as known being; as follows; (ADDENDA; Refer to Street assessment sheet next attached and made a part hereof.) II. The several suras above mentioned assessed against said parcels of property and the owrisrs thereof, respectively, together with interest thereon at the rate of eight (8f) per cent per annum together with reaso abl'� attorney's fees 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 shall be and constitute a first enforce- able claim again3t 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;3sed 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. 7,T.itham and Co ripany 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 nave the right to pay any or all of the said i.n.stallments before maturity at any time, by payment of principaland interest accrued to the date of payment. III. The City of Wi..;hita Falls shall not be in any manner liable fox the payment of any sures 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 tl,e C_.ty of Wich-: to Falls -hall exercise all of its lawful powers to a.i.d in the enforcement arid collection of said 1ions and s?anS and Ce:rsonal liabilities; and if default shall be mad i_n tli.e payment of any of said sums, collection therefor shall be enforced e i.ther by sale of the propertyby the tax assessor and collector of the City of Wichita Falls, as near as possible in the manner provide: _11 for ale of property for the non-payrren.t of ad- valore�m taxes, or <.t the option -;f the said L. E. Whitham and C:;mpany or its al�si gns, the payment of said si,.ims and said liens and li.abilit-Les sha1_1 be enforced in a nor court having jurisdiction. IV. For the purpose of evidencing the several ;rums assessed again6t said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid. in the enforcement thereof, assignable certifi� ates sl.all. be issued by the City of Wichita Falls, Texas, up on the corripleti on and acceptance of the work, which certificates shall be executed by the Mayor in the name of the City and. attested by th.(. City Clerk with the corpor- ation s al, and sliall be payable to L. F. Whi.tl-;am and Company or its assigns, and shall, declare the amc:ilnts, time and terms of payment, and. the; rate of :interest, ard the d ,te of completion and acceptance of the improvement , shall conta,ir the name of the caner of the property as acci.arately vi.s possible, shall contain a description of the prot�erty by lot and block nlUnber or front feet or such other de:sc°riptiz n as ma otherwise .dentify same; thereof, and. if the property sha..I Y:,6,: o,rn.>d by an estate, then the descrip- tzon t tereof as so ov�;ned sha:k,l be stiff ent, r if the nave of the c ;ne •r be i..nkno,,vn, then to so state shall c c sufficient, and no err.•or o'r' riistake in :,escribing an,°' � ri.'pr i"ty or n ;i.vir��, the natimeof ownei, slial_l invalidate or i.n any wise impair ansT certif- icate cr• any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pr,,)T,Jptly upon maturity, then they shall be col- lectible with reasonable attorney's fees and costs of collection if incurred, ard 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 -apon 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 ....... ......... * ....... ...... .. *­** ...... * ......... Street Special Certificate Fund No... ......... ** .......... . . ................... ..; and when any amount shall be made to the tax cullector upon such certificates, he shall iqpor 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 presenti.n�T to him such certificate so endorsed and credit- ed. by the holder with the amount paid; and such endi.)rsement and cred- it shall be the Treasurer's warrant for r.riaking such payment. Pay- ments by the Treasurer shall to.lso be receipted for by the holder of such certificates in writing, and by surrender ("hereof when the prin- cipal, together with accrued 'litprest and all- costs of collection and reasonable attorney's fees, -I.f incurred, have been paid in full. Said certificates shall further re3ite substantially that all pr u -!,,, rf,,fer-nce, to ru.%king suci improvements have _�ceeuing-s wit I., been regularly had in co7rriplA_,-_).nce, wth the law, and that all pre- recj«.J. sites to the fa.xing of the ISSe.2,oment lien against the p.-op- erty described 1.n Much certificattrs and the personal liability of the owner have been regi,larly done, and performed, and such recitals shall be prioa facie evidence of the. facts so recited, Ecrid no further proof thereof shall be required in any court. Said certificates may have coupons attached. thereto in evi- dence of eaL,,h or all of the ! eve -al instailments thereof, or may L I have coupons for each of the first six -onstallments; which coupons shall be payable either to L. E. Whitham and Company or its assigns, payable or to L. E. Whitham and Comptin-%-• .:r bearer; lard such coupons may be s-igned either with the original 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, Mvaliditie.;, or irregularities; either in assessment,,-:• o,-- certificates issued in evidence, thereof, is in accordance r�,,ith law, vested in the City. Vi. The fact that the improvements herein mentioned are being delayed pendinF,,, the effect of this ordinance, and. that the condi- ti-on of se -3-A portion of street endangers the public health and ., 1 1.11 1, ar 'L v necessity requir- ing const! tutes ard creates zrgent p .blic 4 1, ing that the rule -0 provid.Lric,, that ordinances be read at more than one meeting and. for mere th,-),-n one tlrrie be suspended, and requiring that thio ordinance b(�:L nassod. and take effect as an omen: envy measure, and suc`-i rul-cs are a,,,,cordJ' - rgly and this ordi- nance is pas:��ed as an emergency and shall be in force and effect immediately from and after its passage. Passed and approved tInis ... 2 h ...... da-.,, of ...... ................................. A. D. 192..L._. Attest:- ...... Q ......................... Mayor, City of Wichita Falls, Texas. ?.».... ..... ............................ -1 ............................ City Clerk.