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Ord 731 3/22/1926C- �j r1 Form No. 9. C� ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF .Y i iso 1, 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, 11 W 1Z%" loff"afek6. Whereas, the Boai-d of Aldermen has heretofore by resolution passed on the ........'�.'?t ............day of ............'^....................... --........... ......._19'e ... ., ordered the improvement of _ i i v in the city of Wirhi.ta 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 imprrvements was let to L. E. Whitham & Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the vgrious 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 duo and proper noticehearing was held and had; and by resolution passed on the . _..I L", 'day of .._...." .rc 192....x;.., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters rind 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 value thereof by means of such improvements, and is in accordance with. the law and p.­cceedings of the City, and that the amounts hereinbelow shown and :assessed against such parcels of property do not in any case exceed th, benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so .Shown and rade do not exceed the pro- portions of costs p_r`operlv chargeable to such property under the law and charter in farce in this City; THEREFORE BE IT ORDAINED BY THE BO,,!RD 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 hereinbelo+,r „entioned 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 assessed against same, together with the total amount assessed, and tie names of the owners of such property so far as known being as follow,'-); (ADDENDA: Refer to Street assessment shee+ next attaclied and made a part hereof.) II. The several suis 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 reasonable 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 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 princi.pal or interest when due, then the whole of the assessement upon which default is made shall, at the or.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 oosts of collection, if incurred, and provided further that the owners of such property shall rave the right to pay any or all of tie said 1nstallments before maturity at any time, by payment of principal and interest accrued to the date of payment. The City of Wj.,, ',hita 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 zhall 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 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. 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 atteited 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 improvements, shall contain the name of the omner 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 ov;ned by an estate, then the descrip- tion thereof as so owned shall be sufficient, ur if the name of the omner be unknown, then to so state shall. be sufficient, and no error or mistake in describing an'17 " property or .gin giving the name of owner, shall invalidate or in any wise impair any 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- leotible 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 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 as ................... ._ ........_`-.-.. ��.......... ........................_.. Street Special Certificate Fund No... .................../..........,................; and when any amount shall be made to the tax collector upon such certificates, he shall uponpresentation 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 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, if incurred, have been paid in full.. Said certificates shall further recite substantially that all proceedings with reference to making such improvements 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 regularly 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 installments thereof, or may have coupons for each of the first six installments; which coupons sh.,ll bt, K ,;,ya.blu either to L. E. Whitham and Company or its assigns, or to l,• E. Whitham and Comp,�a,riy I�r bearer; and such coupons may be s.—I ned either i3O,ith the originaL or with the facsimile signature of the Mayor and City Clerk. V. Furl power to make and lev.v re—assessments in any case and to correct mistakes, errors, invaliditie:�, c)r irregularities; either i_n. assessments c:n certificates issued in evidence thereof, is in ancordance Stith law, vested in the City. VI. The fact that the improvements herein mentioned are being delayed pending the effect of this ordinance, and that the condi— tion of sca,i_dportioc of street endangers the public health and ..safety, const]Ltuf�es and creates an urgent public necessity requir— ing that the rules providing- that ordinances be read at more than c,nc meeting and. for more than one time be, suspended, and requiring t1lat thi; ordinance by passed and take effect as an emer;r;eney measure, and such rules are aceordingl,+r siispend.ed, and this ordi— n.&nce is passed as an emergenc,T measure and shall be in force and r_ffect immediately from and, after its passage. Passed and approved this .!: '�.......d.e,zr o.f....... .. ''?cY' ............................... _........... A. D. 192...... Attest:— al d) �R. ,� 5 r., l Mayor, 'City of� Wichita Falls..~ Texas. ................ City Clerk.