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Ord 718 3/1/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF � / /� ,�/o /-1 % Le S STREET IN THE CITY OWICHITA 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 Boaid of Aldermen ha.s heretofore by resolution passed on the 2ra....................day of XQX,V........ ......... ................ .......... -........_19c..5...., ordered the improvement of Alley Block 165 from South Dronerty Line of Seventh St. to the pavement. in the city of Winhita Falls, Texas, b:y raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforc3d concrete, and contract for the making and construction of such irprover:ent:� was let to L. E. Whitham & Com- pany and the Engineer file=d with the City roll or statement show- ing descriptions of the variCl1s parcr,] s of abutting property, the amounts t�.) be assessed. ar-;�_Anst reach parcel of property and showing other matters and ':hangs; and. such F-oll or .statement was examined and approved; and after du_- and proper notice, hearing was held and had; and by resolution passed on `.he 1,gt....... day of . ' ,:;�; .................. 1926.._., all protests and objectzorLs made were overruled and the said hearing closed; and WHEREAS, all other matters ,.rd things necessary and pre- requisite hereto have been done .fid performed; and the Board of Aldermen being of the opinion that tht: a­�p:;rtionment of the costs hereinbelow made and set forth is ;_n substar.t:al proportion to the benefits to the respective parcels of abutting property in the enhanced va.loe thereof by treans of suctii. improvements, and is in accordance with the law and p occedi.ng:r of the City, and that the amounts hereinbelo�,, shown, and lussessed against such parcels of property do not in any case r.xceed th) benefits to such prop- erty in the enhanced value thereof, by miearrs of such improvements, and that the assessments so fshovr and made d� not exceed the pro- portions of costs p r-cperl'r cart eable to such,. property under the law and charter in f)rce in this City; THEREFORE BE IT ORDAIN 51) BY THE BO.+RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT; I. There shall be an,1 is hereby levied ind assessed against each parcel of property here. inb,,Iow r;(.,,ntioned and against the owners thereof +,-p 1,;t' -,ms r%f money bol_w ner..tioned and itemized and the total amount set o posi tr the dF,scription of each parcel of property; tl e st ve v�al arnnunts ass ­,,Sr d against same, together with the total arrioint a2sessed, and t'!�,= rimes of the owners of such property so far a.s 'r.n�vs�n b ing as follrw:>; (ADDENDA; Refer to Street assessment shc'et, n._xt-,Ata,chcd and made a part hereof.) II. The several suns above r,enti.oned assessed against said parcels of property ane?. the owners thereof, respectively, together with interest thereon at, fhr, rate of ;�ht (89) per cent per annum together with reasonable attar -c. -,":s fees anC1. cost;: 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 of the assessement upon which default is made shall, at the o��)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 coilection, 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 Lhall 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, assignabl-e certificates shall be issued by the City of Wichita Falls, Texas upon the completion and acceptance of the Mork, which certificates shall be executed by the Mayor in the name of the City and atteoted by the City Clerk with the coraor- a.tion 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 improvement-,, shall contain the name of the owner of the property as accurately as possible, shall contain a descrjption 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,,ncd by an estate, then the descrip— tion t'-ereof as so owned shallbe sufficient, c,r if the name of the owner be unknozm, then to so state shall be sufficient, and no error or mistake in describing any property or -gin giving the name of owne , shall_ invalidate or -_n 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 col- lectible with reasonable attorney's fees and costs of collection if incurred, and shall also provide substantially that the amounts thereby eviden--ed may be paid to the collector of taxes in the City of Wichita Falls, Texas, who shall issue his receipt there- forl which receipt shall be evidence of such payment upon any d�e- i:iand for same; and the collector of taxes shall deposit the sums so received by him forthwith with the City Treasurer to be kept anti heild by him in a separate fund hereby designated as ..... ... . ............... . ..... _ ....... ............................... Street Special Certificate Fund No.- ............ _4/1..........-............_...; and, when any amount shall be made to the tax collector upon such certificates, he shall upor presentation to him of the certificate by the contractor or other '-older thereof, endorse L and the cos or I - older d payment thereon, I -older of such certifi- cate shall be entitled to receive from thu City Treasurer the amount paid, upon prescntin7 to him such certificate so endorsed and oredit- ed by the holder with t,,,c ai.,iCunt paid; and sul-11-1 endorsement and cred- i t shall . bethe Treasur,:rls warrrint for making such payment. Pay- ._q,,.?n.ts bIv the Treasurer shall L�lsc be rcece-ipted for by the holder of W.'r-Ltin�7.r, and by surrerder thereof when the prin- cip-al, tog -ether ,,ii -t- accrued interest and all. costs Of collection ­nd reasonable aticriieyls fees, 'f Incur -)-ed, have been paid in full. Said cert if,icater shall fur-'C.Iler substantially that pr""" with rceference to �,"Rking suc:.i improvements have been regularly had An cozupl`nce wJth the law, , and that all pre- reqs..,;ti.,tes to tlie fixing of the, I-,sser­sIIIet-tt lion against the pi'op- cr-V des;,-kribed -.*L.n such. ccrtlficale,a and the personal liability o1.,,.,r_er have be(. -,.r. r(--.%,mjlarly done afid perf"ormied and such rec.italc shall be pritfia facie (,;v-idence of the, facts o recited, a-A.d YiL) further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of eah, or all of the ever•al insta-.11ments thereof, or may ,ave c0upol-is r.or each of the first six "'Istallmont,,; which coupons sha'll be -a yabl; either to L. E. Whithram. ard Company or its assigns c, r to L. E. Wh.7.tht7M �and Co=�,riv , r bearer; ari.d ou­h. coupons may be 1. 1 signed either with the, original, or with t]facsimile Signature of the Mayor and City Clerk. D V. Full power to make and levy re -assessments in an-� y case and ,rrors, n -al. J.. d i t i e or irregtilari. ties; either to correct m4sta7Kes,, e', A. in assessml-rluo c).- cet,tifi.catess -!.ssi-;,.ed in evidence t,nereof, is in an,cordan,ce ,iith law, vested in the City. Vi. The fact that the imrrovements he --rein mei tic Led are being ,dlc..],,-yed pelndi:,ag the effect of this ordinance, and that the condi- satd portion of qtrer;t e.t.-Idangers the public. health and ­afet y, const tt�.te­ -LY'd Cr,t.t�,S an ur, ent prbli,3 ne- cessity requir- irg t1n,,t t3de rul c.,prof--d-nthat ordinanc,"zs be read at more than one meeting a.ndfor mo -_p tli­ time be s1,i9pc,-.-nded and requiring one -that ordinarice b(:,� ,,,,ss 'd. avd take effectasn "eme emerge ency a r.q�-,-�asure, aLid s,,zch rul-,,s ,trr- 11 a c (:) r �,-I i,_,� g 1 !7112�71Jr..ded`, and this ordi- rianc,e is pa31ed as Yi timer one,. M u I' , ­nd. ohall be in force and ,. e 11.11 e ffect irqyfed--ately from, ,end a,-Pter its pass.age. Passed and approved this A, D. 192.. L... __ ............ .................... Attest: -Ell .. Q. d. -1-41 .. ............... ...... . ........ (Si�,ned) d. E. ATcBroorn Mayor. �, City Of Wichita Falls, Texas. ................... - ..... ........................... ............................... City Clerk.