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Ord 755 5/3/1926A Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF SUNSET DRIVE 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 CF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Board. of Aldermen has heretofore by resolution passed on the ......25th_..._. day of ................... ............. 19�..�6. ordered the improvement of Sunset Drive from the South Pronerty Line of 6th. Street to the South Curb Lihe of 7th. Street (3-fL"- in the city of Wichita 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 improvements 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 things; and such roll or statement was examined and approved; and after dui and proper notice, hearing was held and had; and by resolution passed on the 3rd. day of ...... XNY................... 192...G...., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters and things necessary and pre- reqquisite hereto have b^en done and pel•formed; and the Board of Aldermen being of the opin�.on that the apportionment of the costs hereinbelow made afLd set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced vale thereof by means of such improvements, and is in accordance with the law and p.oceedings of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do n,.t in any case exceed the benefits to such prop- erty in the enhanced va'_u.) thereof by means of such improvements, and that the assessments so :;how'; and rade d: not exceed the pro- portions of costs properly cl:.argeable to sucl, property under the law and charter in fc)rco in this City; THEREFORE BE IT ORAIN.I.D BY THE BOARD OF ALDERMEP3 OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied. and assessed against each parcel of property hereinbelow _rientioned 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; the several amounts assc:;sed against same, together Frith the total amount aosessed, arid. the names of the owners of such property so far as known being as follows- (ADDENDA: Refer to Street assessment .sheet next attar,hed and made a part hereof.) IL. The several suras above mentioned. assessed against said parcels of property and the owners thereof, .respectively, together with interest thereon at the rate of eight (8f) per cent per annum together with reasolablc% a,ttorr,ey'sfees and costs of collections, Form #9 Page 2. if incurred., are hereby declared to be and made a lien upon the respeotive 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—wits 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 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 furthor that the owners of such property shall have the right to pay any or all of tle said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Washita 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 shall 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 -ale of property for the non—payment of ad— valorem taxes, or at the option of the said Lm 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 atteoted by the City Clerk with the corpor- ation seal, ard. shall be payable to L. E. Whitham and Company or its assigns, a,,nd shall_ declare the said amounts, time and terms of payment, and the rate of i.nterest, and the date of completion and acceptance of the improvements, shall contain the name of the aiuner 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 descripticn as may otherwise identify same; and. if the property sha.i.I. be owned by an estate„ then the descrip— tion ti ereof as so owned shall be sufficient, ;,r if the name of the ovuner be iznknown, then to so state shall be sufficient, and no error or mistake in describing any property or in giving the name of owner, shall invalidate or in any wise impair any certif— icate or any assessment levied by this v�rdinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be col- lectible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid to the calloctor of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there- for, which receipt shall be evidence of such payment upon any de- mand for same; and the collector of taxes shall deposit the sums so received by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated aE . .................................. Q ­—MaW. ..Drize ................................ _ Street Special Certificate Fund ..L ........ ; and when any amount shall be made to the tax collector upon such certificates, he shall upor 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 oeitificate so endorsed and credit- ed by the holder with the amount 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 receipted for by the holder of such certificates in writinF, and by 2urrender thereof when the prin- cipal, to <, with accrued interest and all costs of collection and reaconabin attorney's fees, �.f incurrod, have been paid in full. Said certificates shall further recite substantially that K1 prosepaings with refewence tc naking such improvements have been regularly had in compliance with the law, and that all pre- rcquiAs' tes to the fixing of the assessment lien against the prop- erty described in such aertificates and the personal liability of the cwner have been rpgAarly done and yerPormed, and such recitals shall be prima 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 reveral installments thereof, or may have coupons for each of the first six installments; which coupons shull be payuble eithar to L, E. Whitham and Company or its assigns, or to L. E. Whithum and CompRny r bearer; and such coupons may be signed either with the originai or with the facsimile signature of the Mayor and City Clark. V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invalilitieu, or irregularities; either in assessments or certificates issues d in evidence thereof, is in accordance vith law, vested in the City. V1. The fact that the improvements heroin mentioned are being dpla7ed pending the effect of this ordinance, and that the condi- tion of said portion of street endangers the public health and oafety, constitutes and creates an urgent public necessity requir- ing that the ruiec providin7 that ordinances be read at more than une meeting and for more than one time be suspended, and requiring that thia ordinance be pas sod and take effect as an emergency measure, and such rules are accordingly wasp ended,and this ordi- nance is passed as an emerge nny measure, and shall be in force and affect immediately from and after is passage. Passed and approved this ...3rdof_,MAjj ................ A. D. 192... Attest:-... S.Ig ed -at.... _O) Mayor, City of Wichita Falls, Man �Algn City Clerk.