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Ord 710 3/1/1926 n ♦ ,ryyA' ���.f A ,' form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 7 _ 0. UAW 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 has heretofore by resolution passed on the ......J.�.tjt................day of _.uu.t................................... 192...�..., ordered the improvement of Gr nt I tree c to as irD 1 !e 01 riTiry C' . i.v;",7]ll,e . in the city of Winhita Falls , Texas , bLy 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 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 againot�Each parcel of property pe Vwasnd showing other matters and t.h _nr;s ; and ,such roll or ed and approved; and after d.uo and proper r�oticel�earing was held and had; and by resuti on passed on the ....... ay of t`,. ..... 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 br-,en drone rid , r�;'riri dionment and hofBthec oats of Aldermen being of the i �� r substantial proportion to the hereinbelow made and set f,�rth is in p P benefits to the resrective parcels of abutting property in the enhanced valtae then ( of by me��ns (�f such .rriprovements , and is in accordance with the law nrd p: o eeding-' of the City, and that the amounts he r einbr loj�r ; ho n and &,ssessed against such parcels �f property do n. t in. any case 4 weed the benefits to such grop- erty in the enhanced va 'u,-., thereof by r:eans of such improvements, and that the assessments so how ; and r'a•de d, not exceed the pro- portions of costs properly chargeable to such property under the law and charter in f��rce in this City ; THEREFORE BE IT ORDAINrD BY THE BOAIRD OF ALDERMEN OF THE CITY OF WICHITA FA-ILS, TEXAS, THAT : I. There shall b anci is hereby levied and assessed against each parcel of property hereinbelo«; r enti oned and. against the owners thereof the sums of money below mentioned and itemized and the total amount; set ofncs, t ; the description of each parcel of property; the several amounts assr�_ sc d against same, together Frith the total amount a�sessed, '.nd n - names of the owners of such property so fax as known be _ng as foll �w ; (ADDENDA: Refer to Street assessment ;hee+, -,.tta,chl d. and made a part hereof. ) II. The several. sup?,s above raerti oned assessed against said parcels of property ar,.d. the owners thereof, r-'spectively, together with interest thereon at the of (8%, per cent per annum together with reaso�iabl(-: attor:-le T ' s fo�.s and. 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 installrrnnts (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 option of L. E. Whitham and Company or its as.--jigns, 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 oT,,,ners of such property shall rave the right to pay any or all of tl.-,e 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 fox the payment cf 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 lamful powers to aid,. in the enforcer-,ent and collection of said 2 ]1ens and sams and -personal liabilities ; and if default shall be made in the payment of any of said sums , collection therefor shall be enforced ei.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 vale of property for the non—payment of ad— valorem taxes , or at the option of the said L. E. Whitham and Company or its a,ss-* gns , 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 again;A 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 corripletion and acceptance of the work, which certificates shall be executed by the Mayor in the name of the City and atteoted by the City Clerk with the corpor- ation seal, and. si�jall be payable to L. E. Whitham and Company or its assigns , and shall declare the caid amounts , time and terms of payment, and the rate of interest, and. the date of completion and acceptance of the i.mprcvementf , shall contair the name of the cwner of the property as acc-u,,rate1y as possible , shall contain a description of the property by lot and block number cr front feet thereof, or such other descrirtic.n as may otherwise identify same; and- if the property sha, i be ov,ncd by an estate , then the descrip— tion thereof as sc, owned shall be sufficient, (,r if the name of the owner be 1.3_nknr:wn, t1,­..en tc so state shall 100 sufficient , and no error or mistake in cescribing anti property cIr -n givinp._', the name of cwne-c, shall invalidate or in any wise impair any certif— icate or any assessment levied by this 6rdinance. 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 attorneys 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 zhall issue his receipt there- for, which receipt shall be evidence of such payment upon any de- nand for same; and the collector of Oxes 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 ................................_. Special Certificate Fund and when any _,mount shall be made to the tax cullector upon such cFrtifioates , he shall uper 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 thn City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder with the amount paid ; and such endorsement and cred- it shall be the Treasurer' s warrant for makirg such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writirr, and by surrender thereof when the prin- cipal, together with accrued .interest and all costs of collection and reasonable attorney' s fees, if incuryed, have been paid in full. Said certificates shall further roulte substantially that all proceedings with referonce tO making suc' improverents have been regularly had in compliance with tAe law, and that all pre- requisites to the fixing of the assessment lien against the piup- erty described in such certificates and the personal liability of the owner have been regn2arly done and rer"ormed, and such recitals shall be prima facie evidence of the facts to recited and no further proof thereof shall be raquired 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 dnAuKmento ; which coupons shall be payable either to L. E. Whitham and Company or its assigns or to L. E, Whitham and Componv or bearcr; and such coupons may be signed either with the orIgAnar or with the facsimile signature of the Mayor and City Clerk. V. Full power to make and Tevv re-assessments in any case and to correct mistakes , Frrcps , irvallditieL , or irregularities ; either in assessments 0_• certificates issued in evidence tnereof, is in accordance with law, vested in the City . V1. The fact that the imrrovemerts herein mentioned are being delayed pending the effect of this ordinance , and that the condi- tion of said portion of street endangers the public health and safety, constitutes and creates an urgent pnblic necessity requir- ing that the rules providing that ordinances be read at more than one meeting and for more than one time be suspended, and requiring that this ordinance bed passed and take effect as an emerCency measure, and such rules are according17 suspended, and this ordi- nance is passed as an emergency measure , and shall be in force and effect immediately from and after its passage . kt_ Passed and approved this 4446ay of. jlb.�­_,;Ix A. D. 192_0.4 .. ........ Attest :- Mayor, City of Wichih-TA"s-,­...Texas,*-**-"*** K g un * City Clerk.