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Ord 790 7/5/1921ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF NORTH NINTH STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND 1'11E OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Bona d oaf .Alderr.,ien has he-r�elto� fpre by resolution passed on the ........1-9til—j:.�day of ........ AC-�. S. ...... �l.r�.-�........... �....._19�....�t , ordered the improvement of North Ninth Street from the West Curb Line of North Brook Avenue to the Past Curb Line of Linwood Avenue. in the city of wichi.ta Falls, Texas, bT 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 such irnproverrents was 1.t to L. E. Whitham & Com- pany and the Engineer filed with. the City roll or statement show- ing descriptions of the various parcels of abutting property, the amounts to be assessed ag,Lin.1-t each. parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after duce and :proper notice hearing was held and had; and by re=soli).tion passrd on 1-.heAlkay of .... 1............W .- 192.A__., all protests and. obj ectz.ons made were overruled and the said hearing closed; and WHEREAS, all other matt-ers end things necessary and pre- requisite hereto have boen clone a?rd performed; and the Board of Aldermen being of the opini-oi'l that tho crnT):)rtionment of the costs hereinbelow made and s°t forth is in substa.nt:;.al proportion to the benefits to the respective parce_1 s of abutting property in the enhanced va,l.,.e thereof by means o.f .nuc' improverients, and is in accordance with th., law and p, of the City, and that the amounts !ie, einb, l(.,z, shown and a s .nst such parcels of property do n: t in an;,T :;ase xcced tht! benefits to such prop- erty in the enhanced va '.u,� ti ereof b,. ,roans of such improvements, and that the at esstr,a,-.tis so ,!hcw:i and ma.-Je ci., not exceed the pro- portions of costs p op r 1;,- c hard: able to ­u.ch property under the law and charter in f )rcr in t'; -,is Cit�y; THEREFORE BE IT ORDA:iNED BY THE BOARD OF ALDERME14 OF THE CITY OF WICHITA FAi,LS , TEXAS, THAT: I. There shall be ansa is herby levied and assessed against each parcel of property hereinbelow Nentioned and against the owners thereof the sums of monc .7 below mentioned and itemized and the total amount set oppo ilte the description of each parcel of property; t.rie: several_ amo!.nts asse.>scd against same, together with the total amo- nt a3sessed, and t rames of the owners of such property so far as kn rrn be lng as (ADDENDA: Refer to Street assessment, :L'heet next atter:.•la ;d and made a pwrt hereof.) IL. The several. sut,s above mentioned assessed against said parcels of -prope.rYy a�cand theown rs thereof, respectively, together with interest the.ceo., at the rat of ej I ht(8J) per cent per annum together with reasonable attorney's fees and costar 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 Pxcept 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 gears 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 assessem,ant upon which default is made shall, at the option 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 nave the right to pay any or all of t!e said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Ali.::.,hita Falls shall not be in any manner liable foi the payment (f any sums assessed against any abutting property or any owner, but the :paid 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 powers to aid.. in the enforcement and collection of said liens and sums and rersonal 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 :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 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 shall be executed by the Mayor in the name of the City and Catteoted by the City Clerk with the corpor- ation seal, and. shall be payable to L. E. Whitham and Company or i.ts assigns, and shall declare the said amounts, time and terms of - ayment, and the rate of 4irterest, and the date of completion Gond ac;,c:ptarce of the improvements, shall contain the name of the o-sner of the property as accurU,Aely as possible, shall contain a d!�!seri _tion of the property by lot and block number or front feet thereof, or such ether d.escripti.^n as may otherwise identify same; and if the property shaAL be- ol,,,ned by an estate, then the descrip- tion ticreof as so owned shall. be sufficient, ,r if the name of the oviner be unknown, then to so state shall be sufficient, and no error or mistake in "'.escribng ani=rcperty or in diving the nam., of owney-, shall invali.date or in any wise impair any certif- icate or any assressnent levied by this ordinance. Form No. 9. Page 3. Said certificates sl,all provide subs tant i al'Iy that if same shall not be paid pro,,.ptly upon maturity, tlh,­n they shall be col- loctible, with reasonable attorney's fees and costs of collection if incurred, ar-,d- shall also provide, suIstantially that the amounts thereb,,," evidrnced may be paid to the collector of taxes in the City of Wichita, Falls, Texas, who shall, is,--,,ue his receipt there- fr, which receipt ,,hall be evidence of such payment upon any de - Mand -o! ., for same; and the , -lector 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 a. .................................... Itarth xintb .... .... ........................ Street Snecial Certificate Fund ........... ........ and. when. an..N shall be made to the tax c(;2lector upon such certificates, he shrAl upon presentation to him of the certificate by the contractor or othec holder thereof, endorse said payment thereon, and the col-itractor 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 siiclh end)rsement and cred- it shall ba the Treasurer's for inakirg such payment. Pay- ments by the Treasurer --hall ctlso be r('CEjpted for by the holder of such certificates in writir,, and by surrender thereof when the prin- cipal, together with. accrued interest and all costs of collection and reasonable attorney's fees, if incurrn.d, have bnert paid in full. Said certificates shall further recite substantially that all proceedings with reference to making su.c. I .i improve!:,ients have been. regularly had -n comipli..unce with the law, and that all pre- reci.A.-IsAtes to the fixing of the assessment lien against the pi,op- erty described in such certificates and the personal. liability of the owner have been regi,larly done a..ci performed, and such recitals shall be priri-ia facie evidence, of the facts o recited, and no further proof thereof shall be r(.squired. in. any court. Said certificates may have cou7,-)ors attached thereto in evi- dence of ea,,:h or all of the ,everzal Instc),11ments thereof, or may have coupons for each. of the first, six installments; which coupons shall be r,-.i,yabl,-:� eAther to L. E. WlhithzY_ and Company or its assigns, I or to L. E. Whitha.m &-nd Companl.,- � r be-- .orer; al-I(L such coupons may be signed either �,)Lth the origina., o.L- viyith the facsimile signature of the Mayor and City Clerk. V. Full power to make and, leT,,-r re -assessments in any case and to correct mistakes, errors, InvalJ..ditie,I.,, or it -regularities; either in assessment= o..- cet-tifs',cates issued in evidence tI-iereof, is in accordance with law, vested in the City. VI. The fact that the improvements herein. mentioned are being delayed pending 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 urgent 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 be passed and. take effect as an emer(-en.cy measure, and such rules are accor"lingly suspended, and this ordi- nance is passed as an emergency m-,asure, and- shall be in force and effect immediately from and after its passage. Passed. and approved this d ay of......_.......... ................. __ . ............. A. D. Attest:- ........ ............... ..... .......... ...AL.McBroom. Mayoi•, City of Wichita Falls, Texas. ....................... City Clerk.