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Ord 773 6/9/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 77' `T , = 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, X=3 PMMERG Mi EfflaGENty. Whereas, the Boal -d of Aldermen has heretofore by resolution passed on the •....� , h................day of........._.......i�tiZsl .............. _............... .......-192......x . ordered the improvement of �'eti7l.r a� iL'� :7@ GSt - �21 �, Ii]. 1 s_L t W �._.. `�, d�.�✓ le :. tj "s "t � ilie of ��,y �„'-i+ �.Jtrte�t. in the city of Wi(,hi.ta Falls, 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 irrnproverrents was let 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 against each parcel of property and showing other matter> and ''hings; and such roll or tatement was examined and approved; and after dud and proper notice, hearing was held and had; and by resolution passed on the 2..:U:r.........day of ......:Ay .................... 192...,.x., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters and things necessary and pre- requisite 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 parcels of abutting property in the enhanced value thereof by means of such improvements, and is in accordance with the law and p.oceeding., of the City, and that the amounts hereinbelow sho-un and assessed against such parcels of property do not in any case E=xceed the benefits to such prop- erty in the enhanced val-ue thereof by means of such improvements, and that the assessrnants so shown and made d,, not exceed the pro- portions of costs pr•r,perly c7-,argeable to such property under the law and charter in f,7rce in this City; THEREFORE BE IT ORDAINED BY THE BOt-,RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of property hereinbelow r.entioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set or;po,site the description of each parcel of property; the several amounts assn ,s= d acainst same, together with the total amo,,.nt a.7sessed, and t.ie names of the owners of such property so far as i.--nown being as follows; (ADDENDA: Refer to Street assessment .sheet, next a.ttaclied and made a part hereof.) II, The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the .rate of eiCD ght (8f) per cent per annum together with reasonable attornoy's fees 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 against 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 asseised 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 onion 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 collection, if incurred, and provided further that the owners of such property shall have the right to pay any or all of tl,,e 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 said 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 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 gale of property for the non-payment of ad - valorem taxes, or at the oution 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 stall 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 atteted 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 improvements, shall contain the name of the oxner of the property as accurately as possible, shall contain a description of the property by lot and block number or front feet thereof, or such other description as may otherwise identify same; and if the property sha_,-i be o,fned by an estate, then the descrip- tion thereof as so awned shall be sufficient, a,r if the name of the o7,rner be unknown, then to so state shall be sufficient, and no error or mistake in describing an,,T property or in giving the name of owner, shall invalidate or in any wise impair any certif- icate or any assessment levied by this ordinance. Form No, 9. Page 3. Said certificates shall. Provide substantially that if same not be p Ca'. 4 .-d pro��iptjy 11pon maturity, than they shall be col- ,.VJ-th !"eLtsonab.le, attorn-y,,�, f(-, C ,=>s and costs of call.ection inc,,Urrcd, %nd she.,11 also provide snbstartially- th-.t t]le amounts may be pa­'�.d to th.,, of t,-txes in the City Fa-lls, Texas w,,,ho slial" i.,::_Ue 1-[ 4 s !,��rl which r C�: c, 4 receipt there- ' -Pt shall be evi den ',' e Cif payment -Pon saany de- j-dand for rne; Ft,nd tile collector of t�.1xc-_r, '�� 1-1 Y deposit the sums so rf-ceived by him forthwith w -j - j sl [ - ti., the, City Treasure -r to x kept and hq-:ld by hire in a, sepal ate fund hereby designated as Avei�ue ------ .. ........ ... . ....... ..................... Street Special Certificate Fund 0 . ............... . . I ......... and f.hen ants, a,motInt s1nall be made to the tax '1EICtOr Upo.,j -,Uc]-i CCj­f-f ' e s upon s, preentat ion to him C­��rtificate by 'r,he, contraclor or' other holder thereof, endorse d Pa""Ont th^reozi and t'rre corty-c7tot.-r or 'holci-r of SLLch certifi- c,­�,te . shall. b(.-,, entlit].(:d to receive frO.", thi': City Treasurer the amount i d 1-0 him such cci-tificat, so endorsed and credit - by ho](ier ti L, V - a,_�ount ppid; and silcn end)rsement and for mah, cred- -irg such payment. Pay- b��, rc,"11-ipted for by the holder of f M, and. b,,i 1-urrender thereof when the prin- accrecd irtejz�t Ej-jCj_ -t.]. costs Of collection an,,'reaconabl,-, fees, ,d, hav-,­.� beerl paid in full. (I --ite substantially that Said ce�rti sl�..all ftirtYer reo r rr,, 1) r o v ei"en is have b a I y I v -,,t d n 'n vJ i lrLlith the 1�a--T" and that all Pre - e q, _s-!.tes to 10 f tel"ien against the p- rl,y d,-. s 1:, r i b f? d- --uch �Dc�-t]­ficrttus and the rersona�l liability I L (jf tle ci.,rer haive be: -r rf gilarly done r.-er­:7ormed, and such :01 1-1 DJs shal I be r i L- a r,-, c j. p evidence o f tlac; facts o o recited ,,,id. nu further -proof thereof sil-14all be rr=q-aired in ai'l-7 court. , Saidcertl.L1i cat e s may have cc)u-o,,-,,s n-,ttached thereto in evi- - of ea,_:i or all of the 'everal in S4- p lq eac �ents tt"Iereof, or may C) L! 0 n S f c j, h of the first: F,,,ix .,Ihich coupons be I:, iY bi ither to L. E. Whithl---tm and. Company or its assigns, C) r to I 7,.Thitbhm 7ci C Pn n,y r bar­rl- ­Ouj'.ons may be h the or' .,rrinai, o -,iiith the facsimile signature of the 11ayor and City Clerk. V. Full pc wer to 111a'J':e Lrd le -v. -,,r re—assFssments in any case and to correct mistakes nrro rsj or irregularities; either it assessrr-nt.o­ c e rt 1. f -.,a 4, U issued in evidenco tfit!reof, is in an,cordanice 1vith law, 'Tested in the City. Vi. Passed and approved t1i.is .....24.t. .-�-_A,ay of .......... . .. -1 A, D. 192 ...... Q_ --4 ................................ . . .......... Attest:- _e, .......................... . .... Mayor City of Wichita Falls Texas. Br.) .. ....... . ....................... - .... ......................... City Clerk. e t i re r me'�l t I e 'cbe g F + t 1- 0 tkTt \V _,te D 11 S?, t A c fet: c I 01 1 ge - h C e qu r - in th r, (I re a t o tha In e e e i ars e> CL % an, rire r 1 las n e e 1,21 3 U, 6 Usil n hi rdi- a CIA .9 a rl e fo e and 1" f e c t im a 1 r an a t e r its assag e Passed and approved t1i.is .....24.t. .-�-_A,ay of .......... . .. -1 A, D. 192 ...... Q_ --4 ................................ . . .......... Attest:- _e, .......................... . .... Mayor City of Wichita Falls Texas. Br.) .. ....... . ....................... - .... ......................... City Clerk.