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Ord 797 8/9/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A POF;.TION OF NORTH FOURTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING T PROPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE CIF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. 0 Whereas, the Boajd of Aldermen his heretofore by resolution passed on the .. .... 1.9th .............. day of ............ kpriX ................ ordered the improvement of North Fourth Street from the East Property Line of North Broadway to the Best Property Line of Linwood Avenue, in the city of Wichita Falls, Texas, bT,- raising, grading and fill- ing same and instellanp, concrete curb, ,and gutters and paving with one course reinforced corc?rete, an:.:Ji contract for the making and construction of ;ucli was 1c,,t to L. E. Whitham. & Com- pany and the Engineer fil,-d wlth tlie Cit Jr. roll or statement show- ing descriptions of t1ac, vari,.;i-t3 parc,,]s cf abutting property, the amounts t.'be assessE-,,,j ai each prcel of property and showing other matter:-, and fh1(1!772; such roil_ or ;�taiement was examined and approved; a't',d after 6u.,,,, and proper riotioc,,, hearing was held and had; and by r^sulut' ion passo,I' ed ,, ':he -- 2 6t -h ....... day of ...... jIlly ............ 192-fi..., all protests and -ohjeotioias made'ivere overruled and the said hearing closed; and WHEREAS, all Othe-­ Miatt,3rls %­nd. tlhilap-,s, nocessary and pre- requisite hereto have, ben (Io -no 7,,nd perf^rr,ed; and the Board of Aldermen being of the opine on. thatt t'll'-, a-p-rtionment of the costs hereinbelow made and set forth. is in substantta.1 proportion to the benefits to the respective parce-,.s of abutting property in the enhanced val,,,;e thereof by rrrer,ns of such rni-proverients, and is in accordance with the 2aw acid p, -nnee ding-, cf the City, and that the amounts heieinbclow shc,;m and ;_s;-icsscd a,,7airst siich parcels of property do Yl,,t in andr case xcer,d the be riCt'its to such prop- erty in the enhanced value; thcr.e,)f b,, ncan,-, t')f such l - improvements, and that the assOssinfits so :,hu%r1-.L and made d,� not exceed the pro- portions of costs 1 -i -,c, - to :;uch -property under the law and charter in f)rcc-_� in t1ais, City; THEREFORE DE -CT ORDA-INT71D BY 77TE BOr,rD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TERAS, THAT: I. There shall be arl is herbb;lovic ,cj rd assessed against each parcel of ' pt- ror.,i,t-, r _hereinb,�IoT,�, ,: ,.Ti �tloned and against the owners thereof ther surns, of m:-,ntioned and itemized and the total amou-,'It set t" - d­scri-ption of each parcel of property; the several ass,­r,d against same, together with the total airoll.,-I-t asscssed, r'cames of the owners of such property so far a-; R.,, -,own b`"Ilp D-3 foll .vv,; (ADDENDA: Refer to Street asseEsmcnf, ncxt and made a part hereof.) Ii. The several su­�s abovo nentio­p�d, as. c., s d af_-,ainot said 'I s s e parcels of propaerty and thc ownc=rs thereof, respectively, together with interest thereon at r, - c f e � U (-,!at (8�-,) rer cent per annum together with reasonable -,,It t o s encs 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 fir --t enforce- able claim agaftn.::,,t 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 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 o73tion of L. E. 3"hitham and Company or its assigns, 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 tie said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the aai.d 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 Wichita Falls -hall exercise all of its lawful poilrers to aid in the enforcement and collection of said Liens and s�_ams 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 F. al.e of property for the non-payment of ad - valorem taxEes$ or at the option c f the said L, E. Whitham and Company or its aosswgns, the payment of said. sums and said 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 payment, and to aid in the enforcement' thereof, assignable certificates shall be issued by the City of Wichita Falls, Texas= upon the completion and acceptance of the work, which. certificates skull be executed by the Mayor in the name of the City ana attested 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, and the date of completion and acceptance of the improvement,:i, shall con.tair� the name of the owner of the property as accurately as possibl.e, shall contain a d.escr_ption of the property by lot and block number or front feet thereof, or such other description as may othertiyise identify same; and if the property sha,.l be o�n.cd by an estate, then the deserip- ti.on thereof as so c�,vned shall_ be sufficient, t;r if the name of the cwner bre ilnknown, than to so state shall. be sufficient, and no error or mistake in ��escribing an,,, property or in giving the name of owner, shall invalj date or 1.n an-," wise impair anv certif- icate or any assessment levies b�` this �-rdi.nance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pr(,,.,:;ptly i.-Lpen 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 paI.d to the collector of taxes in the City of Wichita Falls, Texas, who shall isoue his receipt there- for, which receipt shall be evidence of such payment upon any de- iiian-d for same; and the collector of t,-,i.xes shall deposit the sums so received by him forthwith with the City Treasurer to be kept and held b hereby designated as, -, .................... Nort him in a separate fund h( ..... .... ....... zqwlh ............. ...... ......... Street Special Certificate Fund No. -....1 ...... _ ...... ............. ........ ..,; and when anj,,- L!,moi.,int shall be made to the tax ccl.lector upon such certificates, he chall 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 'Lh-,:. City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with tke artiourt paid; and such end:,_irsement and cred- it shall be the. Treasurer's warrant for rrakirg such payrneint. Pay- ments by the Treasurer shall -,,.lso be recc!ipted for by the holder of such certificates in writinF, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, 1.f Inc-a-r--nd, have been paid in full. Said certificates shall furthe.r reUite substantially that all proceedings with reference to making suc]i improvements have L been regularly had in cornpliL.Ln.o(with the law, and that all pre- requisites to the fixing of the asse.-,oment lien against the PI.,op- erty described. in such c.,ert�.fioatt.,s and the personal liability of the owner have beer reglarly done and performed, and such recitals shall be! priie,a 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 ea -;h or all of the eve -al Installments thereof, or may .).ve 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. Whlth,-,i,m ,Ta,nd_ Com -p,- -Yr r bearer; and such coupons may be sim.E,ned eith,,:!r w-th the oz nith the fa(,-simil_e signature of the Mayor and City Clerk. V. Full power to m,-ilke and lev,,r re -assessments in any case and . n�_al i t i e or irregularities; either to correct mistakes, errors, �', I in assessments or certificates issued. in evidence thereof, is in accordance %,:Tith law, vested. in the City. Vi. The fact that the improvements herein mentioned are being delayed Dendiag the effect of this ordinance, and that the condi- tion of said portion of street endangers the -public health and safety, constitutes and creates an ur1gent 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 thi-.3 ordinance beeclassed. and, take effect as an emer,:�,.encv measure, and such rules are accordingly suspended, and this ordi- nence is passed as an emergenc ' y and shall be in force and effect immediately from and after its passage. Passd and ap.proved this ......day of........ .. . .............. A. D. 192....._. Attest:- ... .......................... ...JSiped) N. -7. Mcbroom. Mayor 31 City of Wichita Falls, Texas. ............................ -.1.1 ...... .................... City Clerk.