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Ord 809 8/30/1926Tom 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 ';JF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boardoof Aldermen ho,, -s heretofore by resolution passed on the da, of ............ ... ......... ....-_ .. ordered the improvement of o iron Stre -t, fro thy, South rro -arty T.,i-ile of Avenue 1 1- `'loo -1 89 A Ili= hland Add. to the South �i e o1 ''-�o � , in the city of Winhita Fe:1.1s, Texas, b'7 ralsing, grading and fill- ing same and install'Lng concrete curbs and gutters and paving with one course reinforced concrete, and: contract for the making and construction of :_uch i77rrevements was let to L. E. Whitham & Com- pany and the Engineer filed with the C 1. ty roll or statement show- ing descriptions of the s ,.ri us parcels of abutting property, the amounts tl� be assessed ca�LLin. t c-:ach parcel of property and showing other matters and -_hings, and such "oll or statement was examined and approved; and after uu,- and proper no 30th' hearing wash held and had; and by resolution passed on the ......... of __------------ 1.92-x1., all protests and o :jections made were overruled and the said hearing closed; and WHEREAS, all other- matters :,nd things necessary and pre- requisite hereto have been done and performed; and the Board of Aldermen beim; of the opiniot: that the�pc:rtionment of the costs hereinbelow made aid set forth is iri sub stant: a1 proportion to the benefits t,11 the respective parce.is of e:butting property in the enhanced vale thereof by m6uns of such improvements, and is in l accordance with the law and p.oceedingz of the City, and that the amounts hereinr�low `,hews: and against such parcels of property do nut in an. case ._xceed the benefits to such prop- erty in the enhanced vai.thereof by means :;f such improvements, and that the so . ho%v-, and riad.e d - not exceed the pro- portions of coats p op. r'l,y cliargeable to sucli property under the law and charter in farce in this City; THEPwFCIE B_ 1 1 ORDA %N1+ D BY TFiIa; BOARD 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 l erF irioc:7_o•,TJ renti oned and against the ownE;rs thereof the ,=ums of money one and itemized and the total amount set the description of each parcel L ,� of property; -,.,neral amr)+ ant as - _sc d acai1 same, together uvith the total amount )_3sessed, .,`zd t' tames of the owners of such property so far as known b r_g as foliow'.; (ADDENDA: Refer to Street assc.ti rr�� �'t,gleet r�c,,t %tta(-d ar_d made a pwrt hereof.) II. The several sums above rlertioned assessed against said parcels of property and the ow,,-,ers thereof, respectively, together with interest the -eon at the rate of c i get (Bf) per cent per annum together with reasonable attorney's fees and cost3 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 again=st 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 b; payable as follows to -wit: Tn six equal installments (annual), due respectively on or before the date of completion, one, two, thrie, four, and five -iears after the date of completion and acceptance by the City of said improvements, and the sums assessed shall bear interest from date of --uch completion and acceptance at the rate provided, pay- able annually with th 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 and Company or its as-,,igns, be and be- come at once due and payable together with reasonable attorney's fees and cojts of collection, if incurred, and provided further that the comers of such property shall 1.ave the right to pay any or all of t1lie said installments before maturity at any time, by jayment of principal and interest accrued to the date of payment. III. The City of Wi.-I"hita Falls shall not be in any manner liable fox the payment of any sures assessed against any abutting property or any owner, but th�e oaid L. E. Whitham and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed, but t),,.e City of Wich'ata Falls 4J1all exercise all of its lawful. powers to aid in the enfor-cement and col1cction of said lions and and Ilersonal., liabilities; an.d if default shall be made in tile payment of any of said sums, collection therefor shall be enforced eLtJ-j.er by sale of the property by tile tax assessor and collector of the City of Wichita Falls, as near as possible in the manner provide(I for Fate of property for the non-payment of ad - valorem taxes, or ,,,;,t the, opt -ion of the said L, E. Whitham and C_­,mpany or its alss:119-ns, the nayment of said. sums and said liens and liabilities shall be enforced - in any court having jurisdiction. IV. For the purpose of evidencing the several .L;ums assessed U again, --t 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 is,,,uod by the City of Wichita Falls, Texas upon the completion and acceptance of the work, i.,hich certificat6s shall be executed by the Mayor in the name of the City and L-,.ttejted by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its assigns, and shall deola-re the said amounts, time and terms of payment, and the rate of 2,ntet,est, ax the dote of completion and accc-p-tance of the im-rovements, shall contain the name of the canner of the property as accii.rately -_,s possible, shall contain a description of the property by lot and block number cr front feet or such other des-cripti-n as ma,,- otherwise identify same; thereof, .1 1., and if thy: property sha,"L be cj.�ncd by an estate, then the descrip- tion t'-,oreof as srj o-inned shall be suff-l-,ient, c,r if the name of the, lowner b---.,, then to so state shall t.)e sufficient, and no error or mistake in I.,escribing an; proper.-ty or .n giving the name of cwnel-, shall inval'i.-datc or -.n any w�,,.se -_­mpair an -,,T cert*f- icate or any assessi-iient loviler-1 by this )rdinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid proj-.fiptly 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 Ci issue his receipt there- ty of Wichita Falls, Texas, who Shall f ) r . irihich 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 separ,,.Ae fund hereby designated. as ................... .............. - i,io n r o e...... Street Special Certificate Fund ............. 1: ............. - ......... i'*O".'*..*'.'...'.'..*'.."..and �,-�hen any amount shiall 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 cor.tractor or holder of such certifi- cate shall be entitled to receive from th.,":,, City Treasurer the amount paid, upon presenting to him such certificate so endorsed- and credit- ed. by the holder with the amount paid; and sucI-_i end.)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 recitc, substantially that all proceedings with reference to making suo:i improvements have been regularly had in compliuxice with the 1. aTrr, and that all pre- requisites to the fixing of the assessment lien against the pl-up- erty described in such certificates and the personal liability of the owner have been regI,performed, and such ,larly done and, recitals shall be priii-,a facie evidence, of the facts A,,o recited, and no further proof thereof shall be required in any court. Said certificates may have cou-cons attached thereto in evi- dence of ea,,;h or all of the , everal installments thereof, or may have coupons for each of the first six inotF,0_1ments; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L. E. Whitham Find. Comp int, r bearer; and such coupons may be iginat- or with the fa(�simile signature of signed either with the ora the Mayor and City Clerk. V. Full power to make and leve re assessments in any case and to correct mistakes, errors, inn,-al.iditie.-,,, or irregularities; either in assessments or certificatesissued. in evidence thereof, is in accordance i%,ith law, vested in the City. V1. The fact that the improvements herein mentiDned are being delayed, pending the effect of this ordinance, and that the condi- tion of said -portion of street endangers t the public health and safety, conotitutes, and creates an urgent public necessity requir- ing that the rules providir,f7 that ordinances be read at more than one meeting and for mc;re than one time be suspc.inded, and requiring that this ordinance be passed and take effect as an emerevency measure and. such. rules . are accordingly suspended, and this ordi- nance is passed as an emergency m' -_sure, shall be in force and effect immediately from and after its passage. Passed and approved this ........ !3Oth.da,y of ------ 4LIbuAt ---------- ------------------------------ - A. D. 192......6. eed) B. E. Attest: - Mayo', . . . iCity .... o . f - Wichita - c . h . i .. t . a ... Fa . Fal . s ...... Texas. (Signed) id. 7,,. *,IcBr)Om- ........... ............... . . ............ I ....... --------------------------- City Clerk.