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Ord 765 5/17/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF '20= 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 Boai-d.9 Aldermen has he tofore by resolution passed on the ........ :......°day of _, ...... _..... _192.........; j.. .......... . ordered the improvement of Polk Street frons the South Vroperty Line of Bullington Street to the Id)rth Property Line of 10th. St. in the city of Winhita 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 --,uch impr(.';verrents 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 matters and 1h.ings; and such roll or :statement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the . 1.7.th... day of .....say. ........ ... ....... 192 .... fi.., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters :end things necessary and pre- requisite hereto have beer_ done and performed; and the Board of Aldermen being of the opinion that th.E- anpurtionment 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 proceedings of the City, and that the amounts hereinb :low shown and L,.ssessed against such parcels of property do riot in any case exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessm—,nts so :)howr. and made do not exceed the pro- portions of costs properly chargeable to such property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be ant is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; thc several amounts asse:,sed against same, together with the total amor:n.i; a,.,sessed, :end. t. ( names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment ,hr.'.1et n.E;xt attar"lied and made a part hereof.) II. The several suns above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (8%) per cent per annum together with reasonable attorney'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—Witt 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 shallat the o>-Ition 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 to 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 tihall exercise all of its lawful powers to aid in the enforcement and collection of said liens and, sums a,nd 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 rale 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. 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 is2ued by the City of Washita 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 attejted 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 improvement;, shall contain the name of the caner 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 sauce; and if the property sha i be owned by an estate, then the descrip— tion thereof as so owned shall be sufficient, cr if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in �c'.escribing any property or i n giving the name of ownei°, 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 2hall not be paid pronptly upon maturity, then they shall be col- ieotible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereb7 evidenced may be paid to the collector of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there - Cor, which receipt shall be evidence of such payment upon any de- �and for same; and the collector of taxes shall deposit the sums so rboeived by him forthwith with the City Treasurer to be kept and hold by him in a separate fund hereby designated as Polk- - Street Special Certificate Fund any Lmount shall be made to the tax collector upon such certificates, he shall uprr presentation to him of the certificate by the contractor or other holder thereof, endorse said payment thereon, 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 amount paid; and such endorsement and cred- it shall ba the Treasnrcrls warrant for making such payment. Pay- ments by the Treasurer shall also be rooeipted for by the holder of such certificates in sit iry, and by Purrender thereof when the prin- cipal, together with acorued interest and all costs of collection and reasonable attorney's fees, if incurvpd, have been paid in full. Said certificates shall further recite substantially that all praceedings with rnfercnco Q making suoh improverents have baen regularly had in oomph_ nce with the law, and that all pre- reqAsites to the fixing of the assessment lion against the prop- orty desuribed in suoh certificates and the personal liability of the owner have been regwlarly done sAd perOrred, and such recitals shall be prima facie Pvidence 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 eaA or all of the reveral installments thereof, or may have coupons Ar each K the first six Astallment5; which coupons nhaU be payuble either to L, E. Whithe.Yrs and Company or its assigns or to L, H. WhithBm awd Company , 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 uowvr to makeand levy re-asscssments In any case and to correct As takes, errors, Anvaliditien, or irregularities; either in assessment2 o- ceAlfi cat es issued in evidence thereof, is in ancordance with law, vested in the City. A. 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 rublic health and safety, constitutes and creates an urgent public necessity requir- ing that the rules providing 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 emergency measure, and such rules are accord ing1v suspcnded, 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 . ........ ............................... A, D. HOW. Attest: - . A3igasd*.R..2..Shs Mayor, City of Wichita Falls, Texas. City Clerk.