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Ord 818 9/6/19260 Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 `_:'F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boad of Aldermen h, -,s heretofore by resolution passed on the ....9.th...................day of ....... A.u;,.­ca:�........... ....... ...._............ ordered the improvement of U-o�vad -rt _.-__ o- Mixt' 6tr�et, _',o, , ne 2!�--st fro-:ert ?e of FJ_ Str,� 4- t' --e East _ ^6Y'ty I i_:r'e of D01h S+r:)et. in the city of Winlol ta. Falls, Texas, by raising, grading and fill- ing same and installing concrete curb:, and gutters and paving with one course reinforced concrete, and contract for the making and construction of sucli imv rev Trent: was let to L. E. Whitham & Com- pany and the Engineer f:ilcd w t ­ t}�e City roll or statement show- ing descriptions of the va.r-11.c:us parcels of abutting property, the amounts t.) be assessed air,°.in,,t ac p -„,reel of property and showing other matter.,, and thin 8; and such .roll or .-jtate-ment was examined and approved; and aftc;r d.uc and proper notice, hearing was held and had; and by res(lution passed on "he 6th ....... day of ...... 192...x..., all protests and. object -,.ors made were overruled and the said hearing closed; and WHEREAS, all. other matt= :'s ,.,nd things necessary and pre- requisite hereto have, b,:en don.e cayid pe ir- 'ormed; and the Board of Aldermen being of the opinion that thc. a,,Ipurtionment of the costa hereinbelow made and set forth is i.n substantial proportion to the benefits to the respective parcels of abutting property in the enhanced vdliAe thereof by means of sucl-L improvements, and is in accordance with the law and p- oce.eding; of the City, and that the amounts he)einb�.low s,, Lodtirr and L,s essed against such parcels of property do not in any case ��x eed t1ac benefits to such prop- erty in the enhanced val-,a,� the reo F b r r ears of such improvements, and that the assessmant s so .�hovv and !r:ade d.., not exceed the pro- portions of costs prop(T-17 ciiargeable, to :such property under the law and charter in fr,rce in this City; THEREFORE BE IT ORD^,.T_N.i',D BY THF BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an.a is hereby levied and assessed against each parcel of property he-,­ei.nb; l_ow r.,entioned and against the owners thereof the curls of Ygorebelow mentioned and itemized and the total amount set posit' tho description of each parcel of property; t),.e s, ve r'al_ are. Lints as,�,. 3scd against same, together with the total amount a,;sessod, r. nd t._e nares of the owners of such property so far as hnown b(S lrl as follcw:_; (ADDENDA: Refer to Street ass E:ss:.l .nt _?'ient r,,:x {:.ttac ied acid rrlade a part hereof.) II. The several su-,ns above rnentio,:ie,1 assessed against said parcels of property �.i,nd the owners th,-,roof, respectively, together with interest thereon at the -ate of (8J) per cent per annum together with reaso,iable attorr e” I s fe:-:7, 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 constitut(-.-., 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 ihstallmonts (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 option of L. E. Whitham and. Company or its as.:Agns, 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 Piave 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 Wichita Falls shall not be in, any manner liable fox the payment cif any sums assessed against any abutting property or any owner, but, the said L. E. Wh,-,tham and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed, but the C-i.ty of Wichita Falls shall exercise all of its lawful. Powers to aid in the enfoveement and coll.oction of said Liens and si.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 rale of property for the non-payment of ad - valorem taxes, or at the o-otion 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 -)urpose of evidencing the several sums assessed againt said parcels of abutting property and the owners thereof, and thetirxe and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be, issued by the City of Wichita Falls, Texas upon the co-aipletion and acceptance of the work, which certificates shall be executed by the Mayor in the name of the City and atteited by the City Clerk with the corpor- ation seal, and shall be -payable to L. E. Whitham and Company or its assigns, and shall declare the said amounts, time and terms of payment, and the rate of interest, ard the date of completion and acceptance of the improvement,O, shall contair, the name of the caner of the property as accur�,-.,Aely az possible, shall contain a description of the property by lct and. block number ()r front feet thereof, or such other description as may otherwise identify same; and if the property sha,,i be o,,nEd by an estate, then the descrip- tion thoreof as so owned shall be sufficient, _,r if the name of the oTvner be U.nkno,,lin, then to so state shall be sufficient, and no error or mistake in a'escribing an )- prc.perty or :4n giving the name of owne,-- shall invalidate or in any vii.se impair an- certif- icate or any assessiI�.ent le -vied b -v this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid proi.,tptly 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- niand 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 ..... _. Sixth Street Special Certificate Fund amount shall be made to the tax collector upon such certificates, he sh,�;Al upor 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 amount paid; and such end,.)rsement and cred- it shall be tare Treasurer's warrant for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of su.,ch certificates in writing, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable att,,.)rn.nyI9 fees, 'f incurred, have been paid in full. Said certificates shall further re -cite substantially that -1 procecaings wita refei-once to making su--J.; improvements have been reg ularly had in c,_-mpli,,,.nce with the law, and that all pre- requ.i.sites to the fixing of the asse�7omcnt lien against the pi•op- er-ty described in such certificates and the person,,,. -;,l liability of the caner have been regi.�Iarly done aired performed, and such recitals shall be! pri,tia 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 -several installments thereof, or may have coupons for each. of the first six J._rst,_nJIment-,-1; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L. E. Whitham and Comp-,;,ny r bearer; and such coupons may be signed 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, J.nvaliditie.,,, or irregularities; either in assessments o.- certificates issued. in evidence, thereof, is in accordance ,Ath law, vested in the City. VI. The fact that the improvements herein ment-1-oned are being dclayed pending the effect of this ordinance, and that the condi- r-I tAon of said portion of street endangers the public health and .safety, conztitul.es and creates an ur, ent pu.blic necessity requir- ing that the provid.Jrj.,-,. that ordinances be read at more than one meeting and- for more than one time be suspended, and requiring that thi.._i ordinance b(, -sassed and take effect as an emer,,:-ency measure, and sucb rules . ere. accordingl17 ouspendled, and this ordi- r&nce is j)asI,:-;ed as an emergencvl MClasure-, and shall be in force and effect immediately from and after its passage. Passed and approved. this ... Lth._A.av, .................... ..... . . A. D. 192.... Attest: - RO 7. `he -.her ........ W�7� ...... ... I-— ....... ....1......................._ . .......... e d ) -1. 17cBroon..,.. Mayor, City of Wichita Falls, Texas. .. ................ ..... ........................ City Clerk.