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Ord 717 3/1/19261-7 Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF A V i;NUE L INIM 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 Boa -d of Aldermen h -,s heretofore by resolution passed on the ...2n.i....................day of ._.........P 0q•................_.............._............19 .., ordered the improvement of Avenue L from the Grant Street Pavement ';o the E. C. T,. Hays Street. in the city of Wichita 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 imprcvements 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 agai.n.3t each parcel of property and showing other matter3 and things; and. such roll or titatement was examined and approved; and after duo and proper notice, hearing was held and had; and by rosol.uti on passed on "he . 3©.... ..... day of ..10Y.. ....... _........... 1925......, all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters r%nd 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 oosts 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 suc-'',i 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 exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so shovin and made d not exceed the pro- portions of costs pt­c)perlY chargeable to such property under the law and charter in farce in this City; THEREFORE BE IT ORDAiNT;D BY THE BOaRD OF ALDERMEN 07 THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an,9 is hereby levied_ and assessed against each parcel of property hereinbelow r..entioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set oq�po9ito the d scription of each parcel of property; the several amounts assessed against same, together with the total amount a2sessed, and t'le names of the owners of such property so far as known being as follows; (ADDENDA: Refer to Street assessment sheet n.f;xt ,attached 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 a.t the rate of eight (8) per cent per annum together with reasonable attorney's fees and cost;= of collections, Form #9 Page 2. if incurred, are hereby declared to be and made a lien upon the respeotive 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—grit In six equal installments (annual), due respectively on or before the date of completion, one, two, three, four, anal five years after the date of completion and acceptance by the City of said improvements, and the sums assessed shall bear interest from data; of such completion and acceptance at the rate provided, pay— able annually with each installment, and provided that if default be mane in the payment of any principal or interest when due, then the whole of the assessement upon which default is made shall, at the onion 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 clave the right to pay any or all of t'iie said installments before maturity at any time, by payment of principal and interest accrued to the date of payment. 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 shall exercise all of its lawful rowers 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 Enfc;rced e i.ther 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 tale 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 improvement's, shall contain the name of the c ner of the property as accurately as possible, :hall 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 by an estate, then the descrip— tion thereof as so owned shall be sufficient, c,r if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in c escribing ani,, r.roperty or in giving the name of owner, shall invalidate or in any wise impair anv certif— icate or any assessment levied by this rdi.nance. 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 pa.I.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- niar, 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 .................................... .AYM.U,B ... ... ...... I- ......................... . ....................... ­­ 444t Special Certificate Fund No............._.,,........)...........................; and when any amount shall be made to the tax col.lector upon such certificates, he shall upor. presentation to him of the certificate by the contractor or" other holder thereof, endorse Said. Payment t.1,tereon, 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- -d by tka., holdt.r with. V -.e aij,lount paid; and such end)rsement and cred- it shal.l b;] tI­Ie Trec.-tsurerls warrant for Trjakirg such payment. Pay- i,,irints the Tr�'-�asurer sliall be receIpted for by the holder of �,7�u,ch certificateg in writinp,, and by �,urrender thereof when the prin- her with accrued interest and all costs of collection and reaso,,­.abl_­ attorney's fees, -"!-f incur-­r,,d, have been paid in full. Said certificates, ::ball further relci.te, substantially that prUceed-ln,,,,-rs wit ,:i rl'.feren.ce to rliakinr, suc'- improvements have been regular'l.-y- lad 'n coirpli,�..I,nce with the law, and that all pre- reci.,J_tes to the fixing of th(-. lien against the pi-op- er'L,y described A -n such and the personal liability of the owner ha -ie beer re,­­Iarly done a-nd perfort-fied, and such r ec;4E�+ ' l S -L shall be priira faci.,:,. P.-,,A.ence of the facts so recited, ,,�,nd no further- proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of ca,_°,'n or all of thn ::eve:. -al installments thereof or may have coupons fo--,,, of the'kirst six irstallments; which coupons sh�Il. be payabl,-.� either to L. E. WhIthnm and Com-pany or its assigns, or to L. E. Whitham and Comp,,o'i-y is r bearer; a.nLd 2uo'n coupons may be signed cither ,,;`.th the origina, oi, with the facsImIle signature of the Mayor and City Clerk. V. Full power to make and lev.v re—assessments in any case and to correct nistak,.-!s9 errors, or irregularities; either In assessment„ o.:- (-:etifica-�yes issued in evidenc,'-,, tP.ereof, is in ancorda-r.ce with law, vested in the City. VI. The fact that the improvements herein mentioned are being delayed pendi,ig the effect .)f this ordinance, and that the oondi— tAon or ... said -.portion of Street endangers the public health and s,afety, con .,atl.tutes a-ri.d croat�.s an urgent public necessity requir— Ing that, the at ordinance:, be read at more than providiy­ the i�.,Fne menet *.nth; and for m,:rc, t1lan one time be susT)Oild."_sd, and requiring that ordlnrnice be and take effect as an emerrIency m( -,,as u r,,"! and s-acjl-i rules f.�,re accordingly, cus,pendcd, and this ordi— r.,-'nce i; pas . -Jed as stn and shall be in force and r ffect immediately from and after its passage. Passed and a)proved tV1.1's ....... of ......... ....... ......................... .................. A. D. 192J...... Attest:— (Si. gael) Shepherd. ............. * ...... *** .......... ------ (Signed) d. E. McBroom. Mayoi', City of Wichita Falls, Texas. City Clerk.