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Ord 789 7/5/1926✓ e Yom No. 9. � r 1 fly# ORDINANCE LEVYING ASSESSIZIENT FOR PART THE COST OF IMPROVING A PORTION OF NORTH EIGETH 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. OF Whereas, the Boaid�f Aldermen ha,s heretofore by resolution passed on the ­- YY.--' -day of �....._-M..W..✓vx............._1926....., ordered the improvement of Borth Eighth Street from the East Pfoperty Line of North Broadway to the East Property Line of LinWod Avenue. in the city of Winhita Fells, Texas, by 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 improvements was 1,.t to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the va.r .ous parce-Is of abutting property, the amounts to be assessed a.gt.inst each parcel of property and showing other. matter: and "things; and such roll or e>tatement was examined and approved; and after due and proper r;otice hearing was Meld and had; and by rescl.uti on passed. on the 5th day of du. Y...._.. 192....,.,.., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other- matters Ind things necessary and pre- requisite hereto have br.en dons: rid performed; and the Board of Aldermen being of the opiri_on that the r;,;"portionment of the costs hereinbelow made and set s'c).rtl is in substant--al proportion to the benefits to the rc>. pc;c ti_v� ar cel a of abutting property in the enhanced va,li.ke th.er•ec r b , cif .improvements, and is in accordance with the l iw nd oc � ii'IC2 of tide City, and that the amounts he e1nb�:,1 ov,T: and zls, ; used aE7alrist such parcels of property do n :t it an;,T ca.e LL coed the ber ef-its to such prop- erty in the r.-nhanc e d vaiu(> t1lereof b, D --'-Iris ,-)f such improvements, and that the as. ,s3m7 it^ so how!i and. r_iade, do not exceed the pro- portions of costs p:r cpf::r1 Cl c3.ca,ble to sucti property under the law and charter in farce in -is City; THEREFORE BE IT ORDA:1NIi11) BY THE BOrA-RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be an. is Iaereby levied and assessed against each parcel of proper•t.:,- Terni nb(F 107,,' ! ]cnt i_oned and against the owners thereof the ;sues Of zncn_ y br;lo s IIIc ri.ti cued and itemized and the total amount set rex r. 1'-t-1 d,- scription of each parcel of property; the �:ve.ral �mo,t�.tti, as"', ,Sc -d a7ainst same, together with the total amo,;.nt assessed, and. tic; r�am­;s of the owners of such property so f zr as 17-nown being as follows, (ADDENDA; Refer to Street asstissre ent .,hexa, n x t attach, d and made a part hereof.) II. The several su.rns above rertioned assessed against said parcels of property and tGi{, thereof, respectively, together with interest thereon at t tr : roe tc of ,let (8J) per cent per annum together with .reaso�,abl actor c;_; fc 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 not, and the said lien shall be and constitute a first enforce- able claim againot 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 vi-Ith each installment, and provided that if default be made in the payment of any principal or interest when due, then the whale of the assessement upon which default is made shall, at the o! tion of L. E. Whitham and Company or its assigns, be and be- come at once due and payable together with reasonable attorney's fees and costs of colle�tiorr, if incurred, and provided further that the owners of such property shall �_-ave 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 Wi.-chita Falls shall not be in any manner liable for the payment cf any suis assessed against any abutting property or any owner, but the .raid L. E. Whitham and CoMpany and its as- signs shall look solely to such owners for payment of the sums assessed; but the Ci-ty of Wich4, to Falls --hall exercise all of its lawful powers to oA d in the enforcement and collection of said Liens and sl.�n1s and personal liabilities; and if default shall be made in the payment of any of said sums, collection therefor shall be enforced. elther 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 propel-ty 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 sha'.l be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed againsIt 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 is3ued by the City of WJ.chi.ta Falls, Texas upon the cori-,pletion 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, 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 :irterest, and the date of completion and accel:,tance of the lmprovemen.t,-,, shall contain the name of the owner of the prcp(rty as accurately as possible, shall contain a do:seri ption of the property by lot and block numbe.r• cr front feet thereof, or such other d.escri_ptir.n as may otherwise identify same. 1p - and if the property shall be. o,,,�ned. by an estate, then the descr* tion thereof as so owned shall be sufficient, c,r if the nage of the owner be Unknownthen to so state shall be sufficient, and i no error or mistake n c;escri b:i.ng an, -;r property or in giving the namt of owner•, shall invalidate or in any wise impair any certif- Lcate or any assessr.,.ent levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid prompt1y upon maturity, then they shall be col- lectible with reasonable attorney's fees and costs of collection if incurred, and shall alsoprovide substantially that the amounts thereby evidenced may be paid to the c011ector of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there- for, which receipt shall be eviOnce Of such payment upon any de- mand for same; and the collector OF taxes shall deposit the sums so rGceived by him forthwith wit& the City Treasurer to be kept and held by him in a sevarAe fund hereby designated as -_ _hArlh-lighth . ....... 1. ........ . ........... ­­ - No... 00 - Street Special Certificate Fund and when any amount stall be made to the tax collector upon such certificates, he shall uper presentation to him of the certificate by the contractor or other holder thereof, endorse said payment thereon 0 . and the contractor 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 anount 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 recelpted for by the holder of such certificates in writing, and by surrendcr thereof when the prin- cipal, together with accrued interest and all costs Of collection and reasonable attcrney,s fees, V Acrrrpd, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making sucA improvements have been regularly had in compliunce with the law, and that all pre- reqoisites to the fixing of the as ssesment lien against the prop- erty described in such certificatus and the personal liability of the owner have beer reglarly done and Terformed, and such recitals shall be prina 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. Whi them and Company or its assigns or to L, E, Whithem and Company L r bearer; and such coupons may be signed either with the criginai or with the_, facsimile signature of the Mayor and City Clerk, V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invaliditie,::, or irregularities; either in assessments On ce"tificates issued in evidence tnereof is in aocordance with law, vested in the City. I 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 providinv that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emercency measure, and such rules are accordingly suspended, and this ordi- nance is passed as an emergepcy measure, and shall be in force and effect immediately from and after its passage. Passed and approved this ..591 _day Of_ ;_qjy A. D. Attest:- E!_.AqBro 0M inYork City of Wichita Falls, Teyas. City Clerk.