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Ord 744 4/19/1926r r Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF CLARE STREET 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 Boa;. -d of Aldermen has heretofore by resolution passed on the ........ .. &th............day of......Qptober...................... _ ........ _........ ..192....5.., ordered the improvement of Clark S-,,,reet from the South Property Line of 12th. Street to the N. L. Lot 11, Austin Surve y in the city of Wichita Falls, Texas, jb'r 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 auch 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 againjt each. parcel of property and showing other matters and things; and such �oll or .statement was examined and approved; and after duo and proper notice, hearing was held and had; and by resolution passed on. the . J.9th..day of ......April ............... 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 a,,portionment 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 c,ssessed against such parcels of property do not in any case r� xcec,,d the ben^fits to such prop- erty in the enhanced value thereof bt means of such improvements, and that the assessrnants so €_,how,. and i ado d. not exceed the pro- portions of costs p!'cpE`rly chargeable to sucr� property under the law and charter in force in this City; THEREFORE BE IT ORDAINF,D BY THE BO JlD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be ansa is hereby 'levied and assessed against each parcel of property hereinbt_,low raenti.oned and against the owners thereof the: sums of money belca mentioned and itemized and the total amount set orpc?s t' the d::scription of each parcel of property; tj-,r! s -veral. amounts assfn,.­�sed against same, together assssed, oxid t,�E r-ames of the owners with the total amount of e such property so f-ar as known bong, as follow -0; (ADDENDA; Refer to Street assessment shock. -1e!xt and made a port hereof.) IL. The several sues above mentioned assessed against said parcels of property and the owi,ers thereof, respectively, together with interest theroon at the rate of eight (8%) per cent per annum together with reasonable attorney's fees and costa 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 ofn such completion installment, and se at the rate and provided that if default pay- able annually w or interest when due, then be made in the payment of any principal the whole of the assessement upon which default is made shall, at the oetion 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 tle said landinterestaccrued tothedate ofpayment. installments payment of principal III. The City of Wichita Falls shall not be in any manner liable fox 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 Uhall 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 of WichitaeFallserty as neyarhe tax as possible sor and in the collector of the City manner provided for Fale of property for the non-payment of ad - valorem taxes, °rtthe thetion paymez�tthe of said sums •and Whitham s said liens Company or its assigns, 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. Whi.tham 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 rind .ac°epianc"W of the improvements, shall_ contain the name of the cffner 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.l be owned by an estate, then the descrip- tion thereof as so Own 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 describing any property or in giving the name of owner, shall. invalidate or in any wise impair an)- certif- icate or any assessment levied by this ordinance. 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 pai.d to the collector 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 t• 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 as .................................... ..x .......................................................... Street Special Certificate Fund No.........................1.........,......... ....; and when any amount shall be made to the tax collector upon such certificates, he shall upon 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 thu City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit - €,d by the holder with the amount paid..; and such end:arsement and cred- it shall be they Tren,surer's warrant for making such payment. Pay- mE�nts 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 reasonably attorney's fees, if Incurred, have been paid in full. Said certificates shall further recite substantially that all pr-;srz ecings with. refer,7.nce to making suc;.i improvements have been. re,-ular•1_y had -in coniplio,nce with the law, and that all pre - sates to the fixing of the assessment lien against the pi•op- ert.y described j_n such certi.ficatE s and the personal liability of the r,wner have been regi.<larly done and performed, and such recitals shall be prir,a facie evidence of the facts so recited, and nig further proof thereof shall be roquired in any court. Said certificates may have coupons attached thereto in evi- dence of ea:;h or all. of the r everal. instail.ments thereof, or may TUe counOns for each of the first six :.i.nstal.lments; which coupons s n-JI11 be ,;air able either to L. E. Whitham and Company or its assigns, or to L. E. Wiiith tim and Comp;an;y , r be,,arer; �a.��d such coupons may be signed either wF _th the orifi na_. or jv.th the facsimile signature of the Mayor and City Clerk. V. Full power to make and letiT7 re -assessments in any case and to correct, ^t mistakes, erro.GAa, in-.-al.idi ti e; , or irregularities; either in assessments:: certificates issued. in evidencr_: thereof, is in accordance -Ath law, vested, in the City. VI. T?ze fact that the :Improvements herein mentioned are being d - 1ca;:rf-d pending; the effect of this ordinance, and. that the condi- } sa:i.d;c ^ti r. of :.street endangers the public health and J, c, tr, concti.t O e�: and creates an urgent pi?blJ_c necessity requir- 1r, rr, that the rules providirl,T that ord:i.r.ancc, s be. read at more than nr meet - for more ttian one time be sus -_ended, and requiring thi.,',, ordinance b,< 'gassed and take effect as an emerfrency mc: asur , and su.ch rules are according lv suspended, and this ordi-- nr::.nce is pawl,,::ed as an cmergency measure, and shall be in force and effect immediately from and. after its passage. Passed. and app roved this ....19t.h......da,5- of ...... . April-.........................._._........... A. D. 192...x.... Attest:- ........... Mayor, City of Wichita Falls, Texas.- .J. igned) W. E. �io8room ................................- City Clerk.