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Ord 810 8/30/1926Form No. 9. ORDINANCE LEVYING ASSESS!�ENT FOR PART OF THE COST OF IMPROVING A PORTION OF D Id1:1R 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 (_'F ASSIGNABLE CERTTFICATES, AND DECLARING AN EMERGENCY. Whereas, the Bo, -!d of Aldermen has heretofore by resolution passed on the �A:..�...-Y------day of ------.--vi • -.19...6_., ordered the improvement of Denver Stre,:�t , from the South Pro pert ; 7.1.1,.e o L Tentht. to -,.-,he ro-rth eropert;r 1,11_e Df Eleventh jtre,t. in the city of Wiehi.ta Falls, Texas, b-,,- 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 auch imnrcv ,rcent.,3 was let to L. E. Whitham & Com- pany and the Engineer fi.lr:d with '.,l -ie City roll or statement show- ing descriptions of the var;:. ot.rs parcels cf abutting property, the amounts to be assessed c-a�;,,Ar;;t each parcel of property and showing other matters and '-hin„s; and such .,�oll or :statement was examined and approved; and after duc: and. proper notice, hearing was held and had; and by resolution passed on the30th day of .. dug.•.,....-� .._. all protests and object; ors made were overruled and the said hearing closed; and WHEREAS, all other matters end_ th.i.ngs necessary and pre- requisite hereto have I en done and performed; and the Board of Aldermen being of the opinion that thu arportionment of the costs hereinbelow Wade acid sFt fo rth is .n substantial proportion to the benefits to the rc::s pe.ctiv � parce s of abutting property in the enhanced pal .ic thereof b.y means c f such improvements, and is in accordance with the, law -�Jid p. cccedings of the City, and that the amounts 1-lereinbc1c s%rown and �:s.^cssed aga nst such parcels of property do not in any case Exceed thf_ bei,iefi is to such prop- erty in the erhanc(--,,d valuF thereof by r:eans of such improvements, and that the, so . hc,�Iti and .:-:ade d. not exceed the pro- portions of costs p op :rl, c' argeable to suc'-, property under the law and charter in f)rce in this City; THEREFORE BE IT OR.DAI.N CJD BY THE BO ARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied. �,nd assessed against each parcel of prop(: •ty lie .rti7inb .low ,. enti.oned and against the owners there^f the rums of r cne,y below,, rn(�ntioned and itemized and the total atnou-,­it set r s.t the description of each parcel of property; tl,c s, veral arr.o�::nts ass-..:sE-d against same, together with the total rrro nt ,�scsscd, and. t_ie names of the owners of such property so far as 'Lncw ::: r; as (ADDENDA: Refer to Streettisse .,rrc: Li _ _x t � tt.a,-.1, �d and. made a part hereof.) I1. The several su 1s above mentioned assessed against said parcels of property and tl-�e o;� ers th.roof, respectively, together with interest thereon at fire j,ate of e:ivht (8-g) per cent per annum together with reasonable, attorney's fees and cost,_, 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 sums asseL;sed shall bear interest from date of --uch completion and acceptance at the rate provided, pay- able annually vi"th each installment, and provided that if default be ma"le in the payment of any principal or interest when due, then the whole of thE, assessement upon which default is made shall, at the otion of L. E. Whitham and Company or its as,,ignsl, be and be- come at once due and payable together with reasonable attorney's fees and coats of collection, if incurred, and provided further that the owners of such property shall nave the right to pay any or all of t'l:e said installments before maturity at any time, by jaymerit of principal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in any manner liable foi the payment of any sums assessed against any abutting property or any owner, but the said L. E. Whitham and CoMpany and its as- Nigns shall look solely to such owners for payment of the sums assessed; but the C -Ay of Wichita Falls -hall exercise all of its lawful. powers to aid in the enforcement and collection of said liens and sums &nd personal. liabilities; and if default shall be made in the payment of any of said sums, collection they-efor shall be enfurced 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 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 paymcn, t, and to aid in the enforcement thereof, assignable certificates sh.all be issued by the City cif Wichita Falls, Texa.- upon. the completion and acceptance of the work, which Lortificates shall be executed by the Mayor in the name of the City avid atteited by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham. and Company or its assigns, and ,s .ail declare the said amounts, time and terms of payment, and tILc rate of interest, and the date of completion and acceptance of the improvements, shall contain: the name of the CNner of the property as acoun.,tt-ly- as possible shall contain a �d descr,"ption of the property by, lot and block numbe.'r or front feet ther�,of, or such other de,,),I,ri- t 4 p � �-n as ma -V otherwise 4�_dentify same; and it' the, prc,,crt,y sha,i be o,,,ned by an estate, then the descrip- tion thereof as so o'uned shall be suffi;-,,ient, t_,r if the name of the o,.-,,ne-r u,nkn,,.,11;n, then to so state shall be sufficient. the and .1 �_n giving no err-or�- omistake in c,escrlbing an; property o,. name cf cv.,rlecf shall invalidate or In any wise impair anT certif- icate or any assessment lcvied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid proi,jptly tipon 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 is,,:I.u-- 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 hold by him in a, gepar,.-ite fund hereby designated as ....._ ............... ............... .-D'ellizar ....... ........... I ........ ....................... .­­.. Street Special Certificate Fund No.. ................ .......... I.............. 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 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 Pnd:)rsement and cred- it shall be the Treasurer's warrant 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, If incurred, have been paid in full. Said certificates shall further rc:cJAsubstantially that all proceedings with reference to making suCI-1 improvements have been regularly had in complj.<:Ince with the Iaw# and that all pre- reqi,isites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability of the owner have been regilarly done and. performed, and such recitals shall be prima facie evidence of the facts so recited a.nd 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 everal installments thereof, or may have coupons for each of the first six installments; which coupons shall be rayable either to L. E. Whitham and Company or its assigns, or to L. E. Whitham a.nd Compti,ny ;r bearer; and such coupons may be signed either with the oi-11E.,,inai or with the fax,�simile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, erro!-s, invaliditie,­, or irregularities; either in assessments or certificates issued in evidence tilereof, is in ancordance 'with law, vested in the City. Vi. The fact that the improvements herein merti:_Dried are being delayed pending the effect of this ordinance, and that the condi- tion of said. port-JI-oa of street endangers the public health and safety, constitute:, and creates an urgent public necessity requir- ing that the rales providing that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that thit3 ordinance be rassed and take effect as an emer«�,ency measure, and such rules are accordingly stispended, 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 .... ±...... day o . . ............................ . ............. A. D. Attest:- .. . ......... .... ............M.._............. 1.hiN,Kied) vv. ­c.Broo,72. Mayor, City of Wichita Falls, Texas. .... . ................ Z.'; City Clerk.