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Ord 795 7/19/1926r Form No. 9. ORDINANCE LEVYING ASSESSIJtENT FOR PART OF THE COST OF IMPROVING A PORTION OF iVORTH SIXTH 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 CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boa d of Aldermen has heretofore by resolution passed on the ......lath_...... _....day o f ........ Agri 1........-..._..........� ._..._..19 ... 6 ., ordered the improvement of north Sixth Street from the lest Curb Line of Brook Avenue, to the .East Curb Line of Vermont Avenue. in the city of Wirtllita Falls, Texas, b rasing, grading and fill- ing same and installing concrete curb,_: rand gutters and paving with one course reinforced concr�_:te, and contract for the making and construction of :juch. "imprc:ve:rents wa:; 1-� t to L. E. Whitham do Com- pany and the Engineer filr_:d y,i tl1 t,!�e City roll or statement show- ing descriptions of the varl.�.uS i,arcc_!Is of abutting Property, the amounts to be asses -sed p ,in. t ti�ach parcel of property and showing other matters and t.hlrgs; and such =•ell or :statement was examined and approved; and af't<< r r.uo and prover nc tice, hearing was held and had; and by resolution passed on he 19th -day of ...... U...J 192.......4 all protests and obj ect:tons made were overruled and the said hearing closed; anti WHEREAS, all other inatters and things necessary and pre- requisite hereto have been dons: and performed; and the Board of Aldermen being of the opinio--_ that thc, alp )rtionment of the costs hereinbelow made and set f+::,rth is in substa,itial proportion to the benefits to the respective parcels of abutting property in the enhanced value thereof by rte T's of such improvements, and is in accordance with the law and p oceeding­ of the City, and that the amounts hei einbc lc1w ;;}Zo- ti arid :,ssessed aga' nst such parcels of property do n t in anti casex.cc ed the berief'i.ts to such prop- erty in the enhanced vain., th r^n F by mean.:; of such improvements, and that the asscssrnants so 1.hovjr, find n?ade d., not exceed the pro- portions of costsprop;e:rl to oucli property under the law and charter in f rcn in this City; THEREFORE BE I T ORDA: KIED BY THE BO..�RD OF ALDERMEN OF THE CITY OF WICHITA FJ.,LS, TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of propeit • herFzt�ocioa ent oned and against the owners thereof t;he sums o f' rr.one;y belc,v; rnt;ritioned and itemized and the total amount set ttie description of each parcel of property; ti -c several asst-sc d against same, together Frith the total airio_nt, a�sk:ssed, find t". c ranges of the owners of such property so far as Yricb-�i-rs as '01l ,w._; (ADDENDA: Refer to Street asses�smen =;hec t. r1 t. t tt �c i,r:d and made a part hereof.) II. The several sums above mentioned, assessed against said parcels of property acid t owjier n t} -i, reef respectively, to g ether . with interest thereon at 1'1:3 rat_: of t eight (8,) per cent per annum together with reaso ia,11,,: attor 1ey13 fec r, 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 riot, _.nd 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, �3uperior 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 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 costs of collection, if incurred, and provided further that the owners of such property shall have the right to pay any or all of tye said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of W -i chita Falls shall not be in any manner liable foz the payment of any sums assessed against any abutting property or any owner, but the uaid L. E. Whitham and CoMpany and its as- signs shall lock solely to such owners for payment of the sums assessed; but the City of Wich-ita Falls .,hall exercise all of its lawful_ powers to aid in the enfo_-cement and collection of said Ii -ens andsums and personal :Liabilities, arid 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 providE: ri for .,ale of propertyfor the non-payment of ad - valorem taxi=s, or.i,t the option of the said L. E. Whitham and Company or i. is a s.gns, the payment of said. sums and said liens and liabilities shall be enforced in any court having jurisdiction. Iii. 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 Tissued by the City of Wichita Falls, Texas upon the completion and acceptance of the work,. which certificates shall be executed by the Mayor in the name of the City and atteoted by the City Clerk with the corpor- ation seal, grit shall be payable to L. E. Whj.tham and Company or its assigns, ari.d shall. declare. the said amounts, time and terms of payment, and the rate of interest, and the date of completion and acceptance of the improvemerit:,, ( hall contain the name of the caner of the property as accurately as possible,, shall contain a description of theproperty bIT lot and block ni.tmbe or front feet thereof, or such other dese rdpti on as ma -,,T ot''e.rwise _dentify same, and if the property sha i be o,,,ne,d by an estate, then the descrip- tion thereof as so owned shall be sufficient, Lr if the name of the otl�,�ne r be.. t1,.nknown, then to so state shall he sufficient, and no error or mistake in c; e s e r1b ing any n rop c .rRty or In giving the name of ownei°, shall invalidate or in any wise impair any certif- icate or any, assessment levi.c _ by this ordinance. Form No. 9, Page 3. Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be ool- iectible 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- 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 hereby designated a,,.,, ... .......... larth.HiAth ....................... Street Special Certificate Fund .. . _.ler- ................ ........... A and when any amount shall be made to the tax cAlector 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 I certifi- cate shall be entitled to receive from the City Treasurer the o amount * upon presentinE to him such certificate so endorsed and credit- ed by the holder with the amount paid; and such endorsement 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 incurned, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such improvements have been regularly had in compliance with the law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the Personal liability of the owner have been regAarly 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 several installments 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. Whitham.and Compino r bearer; and such coupons may be signed either with the originan or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and levv re -assessments in any case and to correct mistakes, errors, invaliditien, or irregularities; either in assessments or certificates issued in evidence thereof is in accordance with law, vested in the City. I VI. The fact that the improvements herein mentioned are being delayed pending the effect jf this ordinance, and that the condi- tion of said portion of street endangers the public health and safety, constitutes and creates an urgent public necessity requir- ing that the rules providinq that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that this ordinance be gassed and take effect as on emernency measure, and such rules are accordingl7 Suspended, 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 12th... ---day of,,Jgly A. D. 192-A-.. Attest: - Mayor, City of Wichita Falls, Te3as. City Clerk.