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Ord 716 3/1/1926Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF TT- _ I ),Y 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, AND DECLARING AN EMERGENCY. Whereas, the Boa -.-.d of Aldermen ha,s heretofore by resolution ., passed on the ._.fin:.day of ")V. 51 ...---- ..._.--------------_......... ..................... 19�........., ordered the improvrwent of ' )lliday Street from the South Property Line of ? 3h. Street. to the North 1ronerty bine of 11th. ►street. in the city of Winhita Falls, Texas, by, raising, grading and fill- ing same and installing concrete curbs and gutters and paving with one course reinforcr;d concrete, an? 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 va.ri.cnas parcels of abutting property, the amounts to be assessed agl in t each parcel of property and showing other matter: and '_htnms; and such roll or statement was examined and approved; and after d_ua and proper notice, hearing was held and had; and by resolution passed on the 7,..'`.____...day of ...Mar }........... ..._. 192.-.0.., all protests and obj ecti ons made were overruled and the said hearing closed; and WHEREAS, all other matters -°"Lnd 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 i.r_lprovements, and is in accordance with the 1�aw' and p, ocr edingti of the City, and that the amounts hereinb�•lovv shown and s:.ssessed. against such parcels of property do not in any case ,:�xcced th(; benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ,_,,how: and made dr> not exceed the pro- portions of costs p., operl,y c Aargoable to such property under the law and charter in f)rce in this City; THEREFORE BE IT ORDAry,NF;D BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be and is hereby 1, -vied and assessed against each parcel of property hereinbelow rr,enti.oned and against the owners thereof the sums of -money belo;,r r.er_tioned and itemized and the total amount set or.pos tf the description of each parcel of property; the several amounts assn:srd amainst same, together with the total amo;,Lnt assessed, �,t1d. t- , n, mes of the owners of such property so far as knoTdrn be .rt7 as "oll; w:;; (ADDENDA: Refer to Street assessment; ,beet ;i_ext made a part hereof.) II. The several su�-Ps above mentioned assessed against said parcels of property ar d the ow.rers thc>reof, respectively, together with interest t1nereon tit the rate of e 1'o -ht (8%) per cent per annum together with reasonable attorr e. 's fe; ar l 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 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 ofsuch property shall nave the right to pay any or all of tl-,e said installments before maturity at any time, by p yment of principal and interest accrued to the date of payment. 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 C`ty of Wichita Falls 2hall exercise all of its lawful powers to aid in the enforcement and collection of said Liens and slams 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 rt�ale 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 anal. atteoted 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 a.n.terest, 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 or front feet thereof, or such other des ripti; n as ma-,,- otherwise identify same; and if the property she..:.''_ be owned by an estate, then the descrip- tion ti•ereof as so owned shall be sufficient, Gr if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in cescribing any property or Y.n giving; the name of owner, shall invalidate or in any wise impair any certif- icate or any assessment levi d 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 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 and when any amount shall be made to the tax cullector 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 thy:: City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with the aocurt paid; and such endorsement and cred- it shall ba the Treasurer's warrant for making such payment. Pay- mcnts by the Treasurcr shall also be reecipted for by the holder of such certificates in writing, and by surrender thereof when the prin- 01pal, 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 pruceeuings 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 certifical us and the personal liability of the owner have been regAarly done and performed, and such recitals shall be prima facie evidence of the facts so recited, and nu further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evi- dence of eawh or all of the neveral installments thereof, or may have coupons for each of the first six inntal2ments; which coupons shall be payable either to L. E. Whithom and Company or its assigns, or to L. E. Whithum and Comppry %r bearer; and such coupons may be signed either with tho origina- or with the faosimile signature of the Mayor and City Clerk. V. Full power to make and levy re -assessments in any case and to correct mistakes, errors, invaliditieb, or irregularities; either in assessments or certificates issued in evidenca thereof, is in ancordance with law, vested in the City. Vi. The fact that the improvements herein mentioned are being delayed per di the effect of this ordinance, and that the condi- tion of said portion of street endangers the public health and Oafety, cons titVes and creates an urpont public necessity requir- ing that the rulpo providU4 that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that thia ordinance bc Passed and take effect as an emerFency measure, and such rules are accordingiv suspended, and this ordi- nance is pasoed as an emergancy measure, and shall be in force and effect immediately from and after its passage. Passgd and approved this ........ I- . ..... day o f ...... MAY . ..................... ..................... A. D. 192,... Attest: - . . ....................................... (5ON[— y. ....................... Mayor, City of Wichita Falls, Texas. ... ........ ... . . ...... .. .. ..... ... . City Clerk.