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Ord 754 5/3/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF SEVENTH 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 C'.F ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boai°d of Aldermen has heretofore by resolution passed on the._.._2..th................day of _...January ............... .... ...�...._19�...6-., ordered the improvement of Seventh Street 'rom the East Curb Line of Polk Street to the Eadt Property Line of Sunset Drive in the city of Win:iita Falls, Texas, by raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforced concrote, and contract for the making and construction of ouch 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 again3t each parcel of property and showing other matter> and things; and such roll or .,tatement was examined and approved; and after duc, and proper notice, hearing was held and had; and by resol-ution passed on the 3rd... .... day of ..A14Y............ 192...6...., all protests and objections made were overruled and the said hearing closed; and- WHEREAS, nd WHEREAS, all other matte r -s 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 vulu.e thcrc-of by means of such improverlents, and is in accordance with the law and proceeding.: of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ._shovin and i:iade d�, not exceed the pro- portions of costs p•operly c�argeable to succi property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OT THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There scull be. an.,1 is hereby levied and assessed against each parcel of property hereinbelow rIenti.oned and against the owners thereof the sums of money below n-ientoned and itemized and the total amount set opyocsite the description of each parcel of property; the scve.ral amounts ass�:�sed against same, together with the total a.moLnt assessed, and. t,;r names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment sheet, next a,ttarrhed 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 eight (8J) per cent per annum together with reaso.nable attorney's fees and costs 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 t0 -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 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 ortion 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 the 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 Lnd 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 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 attested 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 ac4eptance of the improvements, :hall contain the name of the dimer of the property as accurately as possible, shall contain a description of the property by lot and block number cr front feet thereof, or such other description as may otherwise identify same; and if the property sha..i be ov;nE.d by an estate, then the descrip— tion thereof as so owned shall be sufficient, ur if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in describing any property or wn giving the name of owner. shall invalidate or in any wise impair anv certif— icate or any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not br-,� paid promptly upon maturity, tYien they shall be col-- lectible d,rith reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that t' --.e amounts thereby evidenced may be pa -Id to the c,,,llector of taxes in the City of Wichita Falls, Texas, who ,:flhall, is.r.,,ue his receipt there- f)r, wl-i.ich receipt shall be evidence of such payment aeon any de- in,and for same; and the collector of t,,A.xc,,s shall deposit the sums so received by him forthwith with the City Treasurer to to kept and hold by him in a separate fund hereby designated as ....................­­i�Td ............5.exeath ........................... .... .. . Street Special Certificate No ......................./........................ and when any i!,mount shall be made to the tax cl;l.lector upon suctiA certificates, be sl all iipoi- presentation to him 0:17 the certificate by the contractor or othe,, holder thereof, cif endorse -or or 1older of such certifi- , E..,IJ.d pa,,:monl and the contract -ate shall be: 4..ntitied to r(-!ceive, f..,­orn tlC "ty Trf:lasurer the amount paid, upor,C', to ',-Am such so endorsed and, credit - c, C, ay 11_ o ] (I r I t 11 t I e Et f,, i c lu n t paid; a i j d s i,. c h end. r s e m e n t and c r e d - it sball ba t1ie Trcaclurr"rls z,arr-a'.nt far making stich payment. Pay - b 7 rt:oIfs, '11c T­eFsurer also be rec.eipted forby the holder of clertifi­'7.Aess lr: and by rlu�rrerder thereof when the prin- (.Ip,�,lv toc,•,­thr­ accru.-_d J.rtrest ai1d. all costs of collection 'f have b -e,,,.; paid in full. Sca"'d ccrt-1-ficate,,-, s?all further reuitf:y substantially that C! wit'll tic r -,eking suc`_ improvements have I;V b,en h T, I lav,, a-.nd that all pre- _`re ­ila �L.rly :'i u d rto o . v111 lj,_nO(,7 ,_4 1 s, s to t1le lixil,g of the, lien against the pl�op- tr ty i b e d. -L it s, u. o h c e r t ft c a L and the. -n-ersonal liability of the have bear rci-r;Iarlv done Land T"erforrT ied, and such shall be l rir, facie ev4den-c, of the facts so recited, .-no further pro(,,,f thereof shall be r�,,,quired in any court. St.)Ad certificaltes may have coupons attached thereto in evi- delace of ea4.1111 or all of the ;,eve_­_rll ins tal 1 Yn e 'n � 'Is Vicreof, or may .,,."Ve COU"T"OVIS -or Cac'h of* th(-, first six which coupons fr,Ek.l] be either to L. E. Whitham artd Corona-ny or Its assigns, or to L. I]. -.,nd Comb) ,'rr,r bfsr�,r ;r; -),n.d suc, Ti. Coupons may be h f a -ginal t, ,4 d e�r wth the or' _-,,sJ.mA..1e si-frnature of i e d e 1. t he r the Payor and City Clerk. V. Full power to make and lev-,r re-asscs,.smen.ts in any case and to correct mistahes, errors, ;rival i+iitie;t, (,sr irregiila.rd ties - either In cssessm(nt,� o.- certif..'cates issi,i.ed -1.n evI_denc� tftorecf, is in an,,-ordance -,,lith law, vested in the City. Vi. The fact lhalk.-, tl,,.e -'Improvements herein mn-,ItJ.-�)ned are being tl,.-.Le effect )f this ordinance, and that the condi— Y1 f said Iol,tioi. c}f street enldangers, tlhe, -public health and y , c o n, t; 1. t u s! a n (T c, r t r-,�s- za, i u r -7,3 n c n e c e s s t y r e qu i r in:�. thLat the rule".! that bl- read at more than c,nr meet a,,nd for mo r,:'U.11-an onc ti mo bc- su_spehnde d , and requiring that th-L; nrrjjLj,��,nce bcrassed and take effect as an emer,-,�ency me a s u ro and suc"'L rutr� -3 ,i,re accord J, nglslisn, rnled, and this o rdi— r--,&nce is passed as an mo'-,.�tsurn, an,J, sball be in force and offect immed.11L.ately from aftL ander its passage. Passed and. approved this ..... . ......... ..... ..................... . ......... A, D. 192... Attest:-Ro E. .... ................... * ...... 1-agno.) ...... 4-9 ... B.!t .. Mc * Broom Mayor, City of Wichita Falls, Texas. City Clerk.