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Ord 813 8/30/1926V Form No. 9. ORDINANCE LEVYING ASSESSPZNT FOR PART OF THE COST On. F IMPROVING A PORTION OF BUC CT 14- 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 ": Form J9 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 again.it 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 t o --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 a.ssesed shall bear interest from date of such completion and acceptance at the rate provided, pay- able annually w1th each installment, and provided that if default be made in the payment of any principal car interest when due, then the whole of the: assessement upon which default is made shall, at the o!ticn of L. E. Whitham an�. Company 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 %.ave trie right to pay any or all of t);e said installments befjre maturity at any time, by uyLrieTlt of princi.pal. and interest accrued to the date of payment. III. The City of Wi:ahita Falls .-hall not be in any manner liable fol the payment of any sums assessed against any abutting property or any owner, but the raid 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 Wich''ta Falls hall exercise all of its lazful powers to aid in the, enforcement and collection of said liens and s,:zms 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 option c.f the said L. E. Whitham and Company or its assigns, the payment of said slams a.nd^,aid liens and liabilities shall. be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several subs assessed again3t said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in. the enforcement thereof, assignable ce;rt:ifi.:;ates s?i.all be issued by the City of Wi' chita, Falls, Texas inion the completion and acceptance of the work -1 which certificates shall be exeouted by the Mayor in the name of the City an.j att oted by the; City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its assign{s, and shalt_ declare the said amounts, time and terms of payn-ient, and -he! rate of interest, and the date of completion and ac -C. ptance, of the J.mzprovemcnt �,, scall contain the name of the caner of the pro ;rty a.s ati',ci-.rately as possible, ;hall contain a d -scr ;.;tion of the px orp, +rty by lot and block numbeic or front feet thereof, or suchthen c3e­,:rirti.cn as mai; otherwiso '.dentify sane; a.nd if the propF.rt.y sha. k o ined by an estate, then the descrip- tion tLereof as so owned shall be stxffic:ient, L,.)- if the name of the oz,,ner be l nkno,nm, thein to sc state shall b -e sufficient, and no error or mistake in c.escr-J.bing am rr: pf.rt;r or Tn giving the name cf owner, shall inval date, or M any V�,isti impair any certif- .L'ate or any assess i"ent levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pror,jptly upon maturity, then they shall be col- iectible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby evid(7nced 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- 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 herebydesignated as .. ... ........................ Buchp-,-an street •........................... ... Street Special Certificate Fund No.---........_......._.......... ­.­­....; and when any amount shall be made to the tax collector upon. such certificates, he shall 11por 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 certifict).te so endorsed and credit- ed. by the holder with the amount paid; and such end(..)rsement and cred- it shall be the Treasurer's warr,­Int for, making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writing, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, i..f incurred have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making suc,*j. improvernents have been regularly had -in compli,,nce with the law, and that all pre- requisites to the fixing of the assessment lien against the piop- erty described in such certificates and the personal liability of the owner have beer regularly done and performed, and such recitals shall be prima 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 f-everal installments nstallments thereof, or may have coupons for each of the first six installments; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L. E. Whithrtm !:�.nd Comp,,n,- I r bearer; and such coupons may be signed either with the ordgirai 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;_�, c)r irregularities; either in assessments c),- ceti-fdcates issued in evidence thereof, is in ancordarce 1: -pith law, vested in the City. VI. The fact that the improvements herein merti(.;ned are being delayed pending the effect of this ordinance, and that the condi- tion of said port -Lon. of street endangers the public health and safety, constitu'lleq and creates an urgent public 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 thilf5 ordinance be passed. and take effect as an emerl,"ericy measure, and such rules are accordingly si.ispended, and this ordi- nance is passed as an emergency measure, and shall be in force and effect immediately from and after its passage. Passed and approved this ..... of ........ ......... A. D. 192_x'... Attest:- (Sigoh ........... C-1, 1A .... ......... Z�� ..•..She-.......erd. ... 6 . ............ . ............................. Mayoi,, City of Wichita Falls, Tezas. City Clerk.