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Ord 714 3/1/1926 Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 8we, Y1 u, �? 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, da, et. �` re by resolution passed on the the d of Aldermen..h�'s...h-�,retofo........_._........._1905....., orderedB%Y . imvr�+vem e tr,po , S. P. L. Ave . M to S. ?. L . Ave . 0. uc �: �r. r in the city of Winhita Falls , Texas , by raising, grading and fill- ing same and installing concrete curbs and gutters and pairing 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 various 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 due and proper notice , hearing was held and hgad; and by resolution passed on the 1.9!t...day of ...Ilardr....._..-.- 192.... _, all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters and things necessary and pre- requisite hereto have been clone 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 par:lels of abutting property in the enhanced valLle thereof by means of such -improvements, and is in accordance with the law and p- eceedings of the City, and that the amounts he r einbc�lcw ._-,hovTvn and assessed age .nst such parcels of property do n(--t in any case xceed thc; benefits to such prop- erty in the enhanced value thcreo `' by means of such improvements, and that the assessments so ;,hown and made d�2 not exceed the pro- portions of costs preperly ciargeable to such property under the law and charter in f )rce in this City; THEREFORE BE IT ORDAINED BY THE BOARD 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 hereinbelow mentioned 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 aosessed, and tlic names of the owners of such property so far as known being; as follows ; (ADDENDA: Refer to Street assessment sheet next atta-hed 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 tlic rate of eicght (8%) per cent per annum together with reasonable attorre;y' 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 ouch 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 oT,tion of L. R. Whitham and Company or its asz;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 slave the right to pay any or all of the said installments before maturity at any time, by jayment 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 ,hall exercise all of its lawful Powers to aid in the enforcement and collection of said liens and si.;_ms 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 Tale of property for the non-paymen.t 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 sha-11 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 caner 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-Li be o,,?,,ned by an estate , then the descrip- tion t1i.ereof as so owned shall be sufficient, ur if the name of the owner be iznknoinn, then to so state shall be sufficient, and. no error or mistake in (,escribing any property or :_n giving the narric of owner, 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 z,easonable attorney' s fees and costs of collection if incurred, and shall also provide substantially that the amounts therebl, evidenced may be paid to the collector of taxes in the City of 'v7iichita .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 r(-,,ceived by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated as ............................ Bucha r .�n .... ..... Street Special Certificate Fund 1 . # ....................1.1 and when any amount shall be made to the tax ..... c hector upon such certificates, he shall upon presentation to him Cj. Ce-,.tif4 holder thereof, endorse of the certificate by the contractor or other said payment the-reon, and the contractor or 'rjolder of such certifi- cate shall be entitled to receive from the City Treasurer the amount paid, upon preseriting to him such certificate so endorsed and credit- e(I by the holder with t'lle amount paid; and sucf, endorsement and cred- it sliall be th. Treasurer' s warrant for making such payment. Pay- m-ents by the Treasurer ohe'll also be receipted for by the holder of in wi-itir�r and by surrender thereof when the prin- 0 -tJ wit'I ac -.rue pal, to , d interest and all costs of collection reasonable attirney' s fees , I f Inct.)-r--ed have been paid in full. I Said cortificatcs shall furt-'ne- rl- .-ite substantially that pruceeuings with reference to Waking such improvements have regularly had in com-oli,,.,nce with the law, and that all pre- to the f-ixing of the .,,,sseL,,sment lien against the pi-op- crt-y described -Ln stick oort.- ficates and the personal liability of the C),,lir.er have been re-gi,larly done, r'.efformed, and such recitals shall be prirr.a facie evidence of the, facts ,,-.o recited, a ' nu further proef thereof shall be required in any court . n- �L Said certificates may have coupons attached thereto in evi- .dence of ea,;h or all of the everal installments thereof, or may - coupons fo-r each of the first s ..x in2lua-1.1menti ; which coupons s .1-11.,! 11 be 17-aya e ble ej.thr to L. E. Whitham -�-ind Company or its assigns , or to L. E. Whitham -and Camp,r,ny t r bearer; and such -coupons may be with the -':acsimile signature of the or lgl4 '.n s �7n e d e i r w-'-th aj- oi the Mayor and City Clerk. V. Full power to make and levy re-assessments in any case and to correct mistakes , errors , or irregularities ; either ..n. assessment,� o � ce , tif�I.cates issued in evidenco, thereof, is in ancordance ;-jith law, vested in the City. VI. The fact that the im.provements herein mentioned are being dolr�,yed -.pendi.;-ig the effect of this ordirar.ce , and. that the condi- ti ,"ll.a of sa-'L.d -portion of street endanglers the public health and and creates an urgent pu-bli! C neCC'S:3.1ty requir- ,fety, constJLbu c I requir- ing that t2h,e ri,.17 ,es prov-!.di.r,.s- that ord-inances be read at more than one meetz-n.- fc !•A molr-,, than one time be si.I--Lspe-nd:I-.d, and requiring that this ordinclaice br: i-i.11sscd and take effect as an emer:-ency measure a su,-h ruIrs are a corI.tnglv and this ordi- 3,j, . Flue:I is pas e d. as MC�-�'surRl nnci shall be in force and :�'Cfact immediato a l, f' ,:,om ncA. after its pansage . Pas. e d a n-I cap-jrlroved VAs ..... ......................................................... A. D. 192........... Attest :- ..... .6'herherd..........­*.......*........*-,**"'*............ Mayon-, City of Wichita Falls , Texas. (6igneu ) J. E. I.-IcBroop- ...................................................-.............................. City Clerk.