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Ord 748 4/26/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF DENVER 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 OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Boal. of Aldermen has heretofore by resolution passed on the _.......3Qth....... _ day November ___.......,19...5 o f ................... ..._... _ ordered the improvement of Denver Street from rthe North ine ofproperty ixth Line . of Seventh Street to the North Pro_ y in the city of Wiohita Falls, Texas, by raising, grading and fill- ing same and installing, concrete curbs and ;utters 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 Ci.ty roll or statement show- ing descriptions of the various parcels of abutting property, the amounts to be assessed agE,,,inst each parcel of property and showing other matters and things; and such roll or tatement was examined and approved; and after due and. proper notice, hearing was held and had; and by resol-ution passed on the .8.fith._..day of ........ . 1A92 .... all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters and t'_rJ.i.nxgs necessary and pre- requisite hereto have been done c)nd performed; and the Board of Aldermen being of the opinion that the a7portionment 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_oceedings of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do not in any case €xceed they benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so „hov,_ and made d not exceed the pro- portions of costs properly c.argeable to such property under the law and charter in f,rcp in this City; THEREFORE BE IT ORDATNI."D BY THE BOARD 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 :mentioned and against the owners thereof the: surns of mo_iey below mentioned and itemized and the total amount set o r�csito the description of each parcel of property; the several &moults assn,ssF-d against same, together with the total amount assessed, and tlle names of the owners of such property so far as known be.1n1c, as follt:-w:,,; (ADDENDA: Refer to Street ass-Issrrlene t s'ge' next attach d. and made apart hereof.) II. The several sums above rr_er:.tion.ed assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (SJ) per cent per annum together with reaso�iable attorney's fees and costs of collections, Fo rm #9 Page 2 . if incurred, are hereby declared to be and made a lien upon the respective parcels of property against which the Name 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 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 or the assessement upon which default is made shall, at the oT,.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 collection, if incurred, and provided further that the owners of such property shall itave the right to pay any or all of tyle 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 dens 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 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 acceptance of the i.mprovementi, shall contain the name of the owner 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-,ned 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 clescri.bing any property or in giving the name of oiune:°, shall invalidate or in any wise impair antr certif- icate or any assessment levied by this .;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- .1ectible 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 collector of taxes in the City of Wichita Palls, 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 hold by him in a separate fund hereby designated as ..... ... .............. . ....... .. Denver Street Special Certificate Fund ; amount shall be made to the tax coilector upon such certificates, he shall upon presentation to him of the certificate by the cop -tractor 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 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 writing, and by surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, w� ,.f _ 4 ncurred, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such improverrents have been regularly had in compliance with the law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal liability of the owner have been rep­,.�larly done and performed 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 several instailments thereof,, or may e,lle oou-'Ions for each of the -first six installments; which coupons, _,.la ba rny ab either to 1. E. 7hitham and Company or its assigns, o r t, r o L. E. WhI thar m and Comp .:r bearer; and such coupons may be -Ith 'h-�� origina-L or with the facsimile signature of �zn,_­d eit.1— LI - I -L the mayor and City Clerk. V. Full -r_,o,,Taer to make and levy, re -assessments in any case and to Oorreot mistakes, errors, lnvall_ditie.,-.7, 0-,- irregularities; either in assessment-, c- ccel�tifi,cates issued in evidence trLereof, is in a-,o-ordance t,-,ith law, vested in the City. Vi. The fact that the imm.rovements herein mentioned are being 1,a v e- d -oendill_g the effect if this ordinance, and that the condi- t Ji c n of said -oortion of street endangers the public health and a f e tIT Constitujl_.e;--s a-,- rLI, creates an ur,7erL' -o-u,,bli- necessity requir- that the rule,5 -crovJ-din, that ordinances be read at more than c, n e rlieet-J_n�- t1,nd. -for more than one time be s-ospended, and requiring t1nat thio�--d" nan c e be passed and take effect as an emer,!7ency r.., - Mea'suret and suoll rules are accordingl.y suspended, and_ this ordi- n&n_Lce is passed' as an emergency measure, aN_al shall be in force and J at. -from ano, after its passage imme d ely U I _L L - Pas�--,cd a u a} ,proved this..... ....... 26th......... lay o f ....... A-Pri-I . .......................................... A. D. i-m.b . ..... . `-,test:- (SIjgn.2d.) ".. 6he-pherd. ------ - ----------- ------ "--Falls...**........ _­ ...... (Signed) d. McBroom. Mayor", City of Wichita , Texas. ........... ....... ­­­ ................... ____ ................ . ......... City Clerk.