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Ord 708 3/8/1926 norm No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF TA101 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 has h?retofore by resolution passed on the ...............day of ..... C.t........................................... ....l.�th . ordered the improvement of Y,w -_e street from the ' oath Property Line of 3ar.ris0 Street to the oyth Curb Line of Gr �nED Street. - in the city of Winhi.ta 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 i.mpr<_;vernents was let to L. E. Whitham & Com- pany and the Engineer filed with the C-itY 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 matter:: and things ; and such roll or '.statement was examined and approved; and after duo and. proper notice, hearing was held and had; and by resolution passed on '-.he .lw"�,th....day of _..2.01............. ..... 192...,6...., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all other matters <:,tnd things necessary and pre- requisite hereto have been done and pei-.formed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set f ,rtli is in substantial proportion to the benefits to the respective parcels of abutting property in the enhanced value thereof by means of such improvements, and is in accordance with the 1.aw and p.. oceedings of the City, and that the amounts hereinbc:low shown and z.ssessed against such parcels of property do not in any case (,xceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ,,hown and made d. not exceed the pro- portions of costs p.roperl;y cliargeable 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 FILLS, TEXAS, THAT: I. There shall be an'I is hereby levied and assessed against each parcel of property hereinbelo,.a zr:cntioned and against the owners thereof the, sums of money below mentioned and itemized and the total amount set oc:sit the description of each parcel of property; t;he several amol.,jl.ts. ass(,-,sr.d against same, together Frith the total amount a :,essled, ,nd_ t_ lia,mes of the owners of such property so far as kncwn be .nt as fcll4-ws ; (ADDENDA: Refer to Street asseSSLIerit: s'n}; :+ r, xt <, d rand made a part hereof. ) II. The several su,,s above mentioreu assessed against said parcels of property and the o4vnPrs thereof, respectively, together with interest thereon at th. -� r a,te of i ;ht (8,) rer cent per annum ollections together with reaso.�ablo attor le T' s fe�;n and costs of c , 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 ;hall 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 o-tion of L. E. Whitham and Corr;pany or its as.signs, be and be- come at once due and payable together with reasonable attorney's fees and co:z;ts of collections if incurred, and provided further U I that the owners of such -property shall 1lave the right to pay any il or all of ",e said installments before maturity at any time, by payment of principal and interest accrued to the date of payment . III. The city of W.J. chita Falls shall not be in any manner liable foi 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 sl)-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 -ale of property for the non-payment of ad- valorem taxes , or at the option of the said L. E. Whitham and 1-gns the payment of said Company or its ass ' , 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 ce o ,rtificates shall be is,�ued by the City f W:'ichita Falls , Texas upon the completion and acceptance of the work, which certificates shall be executed by the Mayor in the name of the City an.d attested by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its as �,ns, and shall (1 .ciare the said amounts , time and terms of payment, and. the rate of Interest , and the date of completion p 4 a. and acceptance of the improvements , shall contair the name of the ovner of the property as accurately as possible, shall contain a d�,scription of the property by lot and block number or front feet same; thereof, or such other descript1r,'n as mad; otherwise identify f and if the propF. rty sha I to 0'e,ncd by an estate , then the descrip- tion thereof as so owned shall be sufficient, c.r if the name of the oviner be unknown, than to so state shall be sufficient, and no error or mistake in c.,escribing any property or in giving- the name"; of owner-, shall invalidate or in any wise impair an,,,T certif- icate or any assessment levied b-yI 'this ordinance. I 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 cullector 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 culActor 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 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 TreasurcrIs warrant for making such payment. Pay- ments by the Treasurer shall also be receipted for by the holder of such certificates in writinp, and by surrender thereof when the prin- cipal, together with aadrued interest and all costs of collection and reasonablo atturney' s fees , if incurred, have been paid in full. Said certificates shall further recite substantially that all proceeuings with reference to making such improvements have been regularly had in compliunce with the law, and that all pre- requisites to the fixing of the assessment A= against the prop- erty described in such certificates and the personal liability of the owner have been rpgylarly done and performed, and such recitals shall be prima facie evidence of the facts so recited, and no further proof thereof shall be raquired in any court. Said certificates may have coupons attached thereto in evi- dence of each or all of the ever al instailments thereof, or may have coupons for each of the first six irstallments ; which coupons shall be payable either to L. E. Whitham and Company or its assigns, or to L, E. Whitham and Company cr bearer; and such coupons may be signed either with the originai or with tho facsimile signature of the Mayor and City Clerk, V. Full power to make and levy re-assessments in any case and to correct mistakes , Prrors , invalidities , or irregularities ; either in assessments on certificates issued in evidenco tnereof, is in accordance with law, vested in the City. VI. The fact that the improvements herein mentioned are being delayed pending the effect if this ordinance , and that the condi- tion of said portion of street endangers the public health and safety, constitutes and creates an urgent prblic necessity requir- ing that the rules provi din- that ordiranecs be read at more than one meeting and for more than one time be suspended, and requiring that this ordinance be passed and take effe2t as an emergency measure , and such rules arc aocordingly suspended, and this ordi- nonce is passed as an timer gonay mcasare , and shall be in force and effect immediately from and after its passage . Passed and approved thisluth,........d a.y 0 f......F.albx-LLr.;�y................._.-.............. A. U. 190h. Attest:- (SlinslUnne! . wins-------------------- Mayor, City of Wichita Falls , Texas. (Signed) 7. 1,yc3room. .................................................._............................ City Clerk.