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Ord 713 3/1/1926 A� e Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF N} G y, / ,' STREET IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHANGE 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 Board of Aldermen has heretofore by resolution passed on the .....23ra.:..............day of .....Xo.v.............................. ..........._.......-1925......, E order ,pd the improvement of , I .IcGregor at. from d. P. L. of Marshall St . to ` . '_'• L . of Clark St. in the city of Winhita Falls , Texas , by raising,.. grading and fill- ing same and installing concrete curb an r d 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 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 duo and proper notice , �iearing was and had; and by reso?uti on passed on the _.day of __..Bes............ ..... 192k,.L., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matt--rs o�nd 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 val e thereof by means of such improvements , and is in accordance with the law and p . oceedings of the City, and that the amounts hereinb,. lc.w ,hown, and assessed against such parcels of property do n.ct in any case � xceed tile,, benefits to such prop- erty in the enhanced va tue t'r,.e re o f by rme arcs of such improvements, and that the assessments so �:how'i and :r:ad dig not exceed the pro- portions of costs p -c per1v cl.,argeable to such property under the law and charter in force in this City; THEREFORE BE TT 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 r-entioned 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 assf,tised against same, together with the total amount assessed, and '-_',r names of the owners of such property so far as krolvrn being, as follow,'_, ; (ADDENDA: Refer to Street assessment sheet next 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 at the rate of night (8%) per cent per annum together with reaso'labl ! attorr ey ' s fees and cost- of collections, Fo rm #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 y0ars 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 collection, if incurred, and provided further that the owners of such property shall nave the right to pay any or all of t.�.ie 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 6hall 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 sale 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 W-1chita 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 improvement3 , shall contain the name of the owner of the property as accurately as possible, uhall contain a description of the property by lot and block numbe> or front feet thereof, or such ether description as may otherwise identify same ; and if the property sha.i.i be o;4ned by an estate , then the d.escrip- Lion tli.ereof as so owned shall be sufficient , t,r if the na-re of the owner be unknown, thFn to so state shall be sufficient, and no error or mistake in Cescribing any property or in giving the name of owner, shall invalidate or in anywise impair am as certif- icate or any sessment levied` by this ordinance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pro 'flptly 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- 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 hold by him in a separate fund hereby designated as .................................. ITc6reg­)r Street Special Certificate Fund 1 anal when any amount shall be made to the tax w '0­*............. ......a',"-*-,*........ col-lector upon such certificates, he shall upon presentation to him of the certificate by the (contractor or other holder thereof, endorse -aid payment thereon, and the contractor or holder of such certifi- cate shall be entitled to receive from thrl-, City Treasurer the amount paid, upon presenting to hirf, such certificate so endorsed and credit- ed by t'ne hold-_ r with tl,-c: ar,,ount paid, and such endorsement and cred- it s.J;all be tI-'e Tre,-%ourcrIs warrt,rt for making; such payment. Pay- i-,,,en.ts by the Tn„asurer be receipted for by the holder of such oe,r t i f i-1 a t,,,,,s in wr i t i n r, and b,'F surrender thereof when the prin- to,­ethnr accruedh, accred interost exiA all costs of collection n ri rea ,onabi ,i,t t;.r ne y I s, f ee s f in-_t-c i dI have been paid in full. Said cortific-ates shall further rejI_ o.t substl-Intially that a-.1 py""'.1,0c.a.ings with refe.­f:Yicc t, ! akinrr sucli improverients have relgillarly ]`iad -In corripliun(,e with tI.-ie la,,lt and that all pre- r­cj:,.' ;Ates to the fix-1-nS, of the nsse.:,om ,nt Lien against the p-cop- cy-tly deS,I,-ribed In Such (�..ert_',.ficates and the personal liability o,,,;ner 11a, cr bc,,7.,r regi-I-arly done and per-"armed, and such shall be, prir,-.a faci nvidence, of' the, facts so recited, yj� further -proof thereof' shall be ri. quired ill arly court. U ,, .� I Said certificates may have c-ou-pons ,-.,ttached thereto in evi- dence of each or all of the,� � overzi.l installments thereof, or may 11­,ave cou-011s of 'he ,, first s- x �.rota,Ilments ; which coupons 1,,' 4- .3 �, MrrL r j assigns, ben -1 either to L. E. Who h, m. n d Company ny o ts P U � u I rd sii,-h coupons may be o,r to L. E. Vlhith�:tm ,�.rtd Cure yj -1"1 r be,,,.rer; wi -..,sinlle signature of ,.oned eilthey with th�, origlnai or ith the fa. the Mayor and City Clerk. V. Full power to make and levv re-assessments in any case and to correct mist tikc s , invalAditie., , or i rre gi,tlari ties; either in assessment :, A certif." cates Issued in ev-idenc�-. thereof, is in a(,,00rdance �;,,ith law, vested. in the City. VT. The fac'k, t,hat t,he it herein mentioned are being -p,_,ndi;,-ig the of of this ordinance and that the condi- t­...on of said portion of street endangers t,hr- public health and c,. afety, and creat-s av urgent p-L,!blic necessity requir- ingthat ordinanoes, that thebe read at more than one meetJLY1F,- t:.,nd for m:;ro t1ian one tirfie be s-tisp°yn.d d2 and requiring th.at t h I • n i-(,-I L I n n c e be gassed and take as an emergency - onded, and this ordi- measure , and such rulr�s are a��:­ordirglT skis r,-:.,nce is joa-,,cd as ei;n em° ,; rc,�,,, me'17113UI 2 ..I,ci shall be in 'force and f:..ffecL immediatcly, from Wrld Vfte­ its passage . Passed and a-.­nrovod V_r[is ....... of_ h......................��ti,rc ........................ . A, D. 192L...... J i Pn e d) R. _]4,. Shepherd Attest:- ......6=......................­.................. .................._.............................. ( Signed) M ayoi-, City of Wichita Falls , Texas. L. McBro om. ....................­....................................................... City Clerk.