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Ord 729 3/22/1926Tom No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 21 a t . Itz' 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, G Whereas, the Board o,f Aldermen has her tofore by resolution passed on the .... of ......... _.......... ........_19�..._, ordered the improvement of rt, L r,A r _ .-.�U� A� 3; .� in the city of WiQhita Falls, Texas, b;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 :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 vaxL., parcels of abutting property, the amounts to be assessed ag=ainst each parcel of property and showing other matters and i;h ngs; and such roll or ,,tatement was examined du and proper notice, hearing was held and approved; and after and had; and by rest l.uti on passed on the . .Z:t,,...day of ......�.w��:��=...- ..-�... 192.x__., all protests and object Lon., made were overruled and the said all closed; and WHEREAS, all. othe',,^ matters and things necessary and pre- requisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the arportionment 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 va.lL�e thereof by means of such improvements, and is in accordance with the lawn and p:'oceedings of tile City, and that the amounts her einbelowv sho-wn. and �,,ssessed. against such parcels of property do not in any case f xceed the; benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so -hover and :rude d,._I not exceed the pro- portions of costs pr"operly charg3able to sucl property under the law and charter in force in this City; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT I. There shall be ane is hereby levied and assessed against each parcel of property hereinbelow :,,,.cnti.oned and against the owners thereof the �,ums of money below mentioned and itemized and the total amount set op-o(,,site the description of each parcel of property; the, several amounts assessed against same, together With the total amount aasessed, and t',e r-)ames of the owners of such property so far a.s known bl,ing as follows; (ADDENDA; Refer to Street assessment sheet next attaclAed 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 Fight (8J) per cent per annum together with reaso.able attorne�r'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 principal or interest when due, then the whole or the assessement upon which default is made shall, at the option of L. E. Whitham and Company or its as,­,igns, 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 fiave 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 Wj-,,..hita Falls shall not be in any manner liable for the payment cf 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 2 iens and si.i..rns 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 is,.ued by the City cf 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 attejted 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 owner of the property as accurately as possible, shall contain a description of the property by lot and block number (I -.r front feet thereof, or such other description as may otherwise identify same-, and if the property sha.a.± be o-vvned by an estate, then the descrip- tion thereof as so owned shall. be sufficient, ur if the name of the oomer be, unknown, than to so state shall be sufficient, and no error or mistake in (lescribing 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 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 ool- 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 colleotor of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there - f r, 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 suc'i 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 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 skjall be the Treasurdr's warrant for making such payment. Pay - i -n nts by the Treasurer shall also be receipted for by the holder of such ;ertificates in writing, and by :surrender thereof when the prin- cipal, together with accrued interest and all costs of collection and reasonable attorney's fees, 7f incurred, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making suc]i improvements have been regularly had in compliunce with the laifv, and that all pre— regi..I.sites to the fixing of the assessment lien against the prop— erty described i.n such cert_ficatus and the personal liability of the owner have beer reg:,�Iarly done and perforined, and such recitals shall be prima facie evidence of the facts so recited, a Ld no further proof thereof shall be required in any court. Said. certificates may have coupons attached thereto in evi— dence of e2,n. or all of the evel­al installments thereof, or may 1 -!ave coupons CO -0 tach of the first sax irstall.ments; which coupons h._a,ll be s a.y b1.:: either to L. E. Whitha,m and Company or its assigns, or to L. E, Whitham an Comp. any : r bearer; and such coupons may be si,gne d either ;r,;_th the ora.gina._ oz- with the facsimile signature of the Mayor and City Clerk. V. Full power to Make and lev,17 re—assessments in any case and -to corre3t mistakes, errors, ;Ln,;aliditie :, c>r irregularities; either in assessments or certificates issued in evidencF:� thereof, is in ancordance l„ith law, vested in the City. VZ. The fact that the improvements herein mentioned are being delayed pending, the effect of this ordinance, and that the condi— tion of said portion of street endangers the public health and aafety,constita esu and creates an ul gent pi�,.bli c necessity requir— in that the rules prov.dir.,,,,that ordinances be read at more than Y, meeting arid. for more, than {ane time be suspended, and requiring that thi, ordinance be passed and take affect as an emer-ency mt:;asure, and such rules etre accordingl-'I si.asprrded, and this ordi— nance is passed as an emergenc-y me ;,sure:, and shall be in force and offeot immediately from and. after its passage. Passed and approved. this ...15....h....da� of ...... ..°--«=c^ A, D. l92.--..­­ Attest:- 92::'.......Attest•- ......'........................... . lliay6r, City of Wichita Falls, Texas. ............ ............................ ........................ .... ._. City Clerk.