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Ord 794 7/19/1926CR.DIIdAl'�ICE LEVY1_.' SS�SS1111ENT T' all unpaved 07 THE COST OF Ia 'RCVING Y Z,0_-,IIONSOF NINTH STREET II? ?:L CITY OF 'JICHITA FALLS, T= -_S, r T.:IiTG i CHARGE LIEN AG.:iITdST ArtTTT II?G PROPER -11"I' AND THE TITEF�EOF? P'__tOVIDII,TG FOR TI?E COL- LECTION OF SUCH ASSEStiidENTS AND FOR THE ISSU.=.NCE OF ASS1Gi?..`LBLE CERTIFICATES. BE IT ORDAINED BY THE BOA -LID OF _iLDEna-EN OF THE CITY OF WICHITA FALLS, TE L. S, TH.".T IdHERLAS, the Board of Aldermen of the Ciuy of Wichita Falls, Texas, has heretofore by resolution passed on the 23rd day of November, 92 5 ordered the improve- ment of all unpaved portions of 9th_ . `id�City from its inter- section with V= Brook Streetr to its intersection wig en Meet by raisingand fi1'M7,same and insta Inconcre e ur s and gutters and paving with two inch sheet Asphalt (y�illite Process pavement on five inch plain concrete ~Toundat o and -contract forhe making and construction of such improvements was let to Plair-s Paving Company; and the Engineer filed with the City roll or statement showing description_ of the various parcels of abuttin property, the amounts to be assessed against each parcel of property and showing other matte_:: and things; and such rcll of statement was examined and approved; and after due and proper notice, hearinf; was held and had; and by resolution passed on the day of 192 , all protests and objections vere overruled and the said hearing closed, and T T- .17 TREAS all other clatters and things necess- ary and prerequisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective pq.rcels of abutting property in the enhanced value thereof by means of such imprcve:rents, and is in ac- cordance with law and the proceedings of the City, and that the ameu,,:l hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such property in the enhar_cec_ v 117_ue thereof by means of such improvements, and that the ass essr.en',F, so shown and made do not exceed the proportions of costs properly chargeable to such property under the law and charter in force in th City; THEREFORE BE IT ORDAINED BY THE OF ALDL-M'= OF THE CITY OF `.' ICNIT_i FALLS, T -----.- THAT: I. There shall be and is hereby levied and a, i- s- against each parcel of property hereinbelovi mentioned an 1,11 oviners thereof ' he sums of money below mentioned a _d i �eraizei ,:4Y total an ount opposite the description of each parcel of - -uhe Lescription of such property, the several amounts i <s sai..e, toEether with the total amount assessed, and the "�,1ie ov,ners of such property so far as known, being as follf-ws: "dorm 9 (2 of 4) II. The several sums above mentioned assessed against said parcels of property and the owners thereof, rospoctivc- ly together with interest therecri at the rate of night (8':�) per cent per annum, together with reasonable attorney's fees ane_ costs of collection, if incurrcc., are hereby declared to be and made a lien upon the respective parcels of property ^gr^inst which the sai.lc are asscssod and a porsonal liability anti charge against the real and true oti,rnors of such property, whether such owners be n^im- ed',_ ;rein or not, and the said liens shall be ane_ consti.tut�, a fir,,t ane' enforceable claim against the property on vhich the ass- essinont is levied, anCL shall be the first and paramount lien there- on, superior to all other liens ane. claims, except state, county �inC_ municipal taxes, anC_ the sums so assessed shall be payable as follows, to -brit: In six equal annual installments duo res- pectively on or before thirty days, one, tc,- , throe, four �­n(. five years after the mate of completion :ane,_ acceptance by the City of said improvements, and the sums assessed shall bear interest from date of such completion and acceptance a,nd until paic. at the rate above provided, p.iy able =ually with c^ch installment, a.nc. provided that if def ilalt be made in the payment of any installment of principal or inter at when c-ue, the whole of' the asses,-ment l� iso which Cefault is mac_c shall, at the option of the Pl^ins saving Cornp tiny or its assigns, be and become at once due and pay-Lble, together with reasonable attorney's fees ane. costs of collection, if incurred; and provic_eC. further that the ovrners of such property shall have the right to pay any or all of the s,—A. insthllments before r_z turity at any time, by payment of principal and interest accrued to Cate of payment. The City of 1ichita Falls shall not be in any manner liable for the payment of any sums assesses_ against any abutting property or any owner, but the saic. Pl^.ins laving Ccrzpany ane_ its assigns shall lock solely to such cvn.ers for pay- ment of the sums assossed; but the City of Vichit:a. Falls shall exercise all of its lawful powers to aid in the cnfcreement :-,-nC. collection of said liens ane. sums ane. personal liabilities; and if default shall be made in the payment of any of said sums, collect- ion thereof shall be enforces. either by sale of the property by the tax collector ani. assessor of the City of Wichita Falls, as near as possible in the manner provided for the sale of property for the non-payment of ad -valorem t xcs, or, at the option of Plains yawing Company, or its assigns, the payment of saiC_ sums arc. said liens and liabilities shell be enforced in any court havin_, juris- dietion. IV. For the purpose of evidencing the several sures assessed against said parcels of abutting property- :encC, the owners thereof, ^.nC_ the time and terms of payment, inC_ to �iid in the c;nforccment thereof, assignable certificates shall be issuecC, by the City of 'dichi t^ Falls upon the completion ane. accent"Ince cl the work which certificaites shall be executes_ by the K--, cr in talc. nark of the City anC _attested by the City Clerk ,rith the cor- porate seal, ane_ shall be payable to Plains Paving Company, cr it:, ­.ssigns, anC_ small Locl.are the s:aic' amounts, time and terms 1,f 7 -yl_ ant, ��ns_ the rate cf interest ane_ the date of complotion 9 ! 3 of 4) a,ceptance of the improvements, shall contain the na,r:e cf the or.-rer of property as accurately as possible, shall contain a %_c ,criZ�tion of t .e property by lot and block number or front feet or such other description as may ctherwise iderAify sane; and if the property shall be owned by an estate, t1:.e.n the 9scritition thereof as so ovined shall be suffycient, Or. if the name of the owner be unknown, then to so La'ue the faclij -.`,all be sufficient and no error or mistake in describing any P. -O Der•ty, or in giving the name of anIT owner, shall invalidate or La any wise 1r,]Dair- any certificate or any assessment levied by this ordinance. Said certificate shall provide substantially that if the same .1 not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costs of collection, if incurred, and shall also provide sutstan- tially that the amounts evidenced thereby may be paid to the Col- lector of Taxes of the City of Wicl_ita alis, y'exas, who shall issue his receipt therefor, m1hich receipt shall be evidence of such payment upon any demand for same; and t*Fle Collector cf Taxes ,hp.11 deposit the sums sa received by him forthwith with the City :'r;_1asur-er to be kept and held by hire in a separate fund hereby designated as " NINTH STREET " Special Certificate Fund No. ; and when any payment s;ia. 1 be made to the taxi Collector upon suercertificate, he shall upon pr•e c tation to him of t1le certificate by the contractor or other holder thereof, endorse said payment thereon_; and the con -tractor or holder of such cer- tificate shall be entitled to receive from the City Treasurer the ar c. int paid, upon presenting bdi him such certificate so endorsed anu. credited by the holder with the amount paid; and such endo_-s!?- ment and credit shall be the Treasurer's warrant for mahing such payment. Payments by the Treasurer shall also be receipted foil by the holder of such certificate in writing, and by the suet enCc er thereof when the principal, together with accrued inter,�,.;t and all costs of collection and reasonable attorney's fees, if incurrUr'., have been paid in full. Said certificates shall further recite sub- stantially that all proceedings with reference to making, such im- provements have been regularly had in compliance with law, and that all prerequisites tothe fixing of the assessment lien against the property described '.n such certificates and the personal liability of the owner have b,.n regularly done and porformed, and such re- citals shall be prima facie evidence of the facts so recited a.-: no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evidence of each or all of the several installments thereof, or may have coupons for each of the first five installments, leaving t1ae main certificate to serve for the sixth installment; cahich coupons shall be payable either to Plains Paving Company or its assigns, or to Plains Paving Company or bearer; and such coupons may be signed either with the original or with the fac-simile sig- natures of the Mayor and City Clerk. Said certificates shall further recite that Vile City of ;iichita Falls shall exercise all of its lawful powers W.- requested to do so by the holder thereof to aid in the collec- t -on thereof, and may contain recitals substantially in accordance r,'th the above and other additional recitals pertinent or appropriate tllareto, and it shall not be necessary that the recitals be in oxf-ct form set forth, but the substance thereof shall suffice. Form #3 (2 of 2 ) 2. rectecto advertise afonccompetitiveClerk bbcsafornd hthes hereby c�i- constructing of the saic' improvements, in the manner �lanc-and for the length of time and in the form required and proviLeC. by the City Charter and laws in force anc' in effect at this time, and by the ordinances and procees,inssf this Boa, , Will be received until anc: shall be opened onrth�nc_ such bias Lay of 2nd all bids shall be mac2e inthemanner anC. accompanies', tifieL check anc' by the A by cey saic, specifications. guarantee provides: and required by the 3. This resolution shall take effect from anc_ after its passage. Pl,ssed and approves: this the 192 clay of ATTEST: Riayo r City erk.