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Ord 707 3/8/1926 3'o rm No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF AVF1:'tT Ian. 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 BthLd of Aldermen has heretofore by resolution passed on the ................................day of ...�S�pt.............................. . ....., _...... ._19�.. ...., ordered the improvement of Avenue . from the Pavement on Grant Ctreet to the mast Propel-ty Line of Fairview Blvd. in the city of Wichita Falls , xal��bb;�a�aisutgtergrand paving with fill- ing same and. installing concreteg one course reinforced concrete , and contract for the making and oonstruction 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 abuttinof property and showing amounts to be assessed against other matters 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 the h....day of ......................_......... 192._.6 .., all protests and objections made were overruled and the said hearing closed; and WHEREAS, all oth.e•r.• matt, rs and things necessary and pre- requisite hereto have been done and performed; and the Board of Aldermen being of the opinion that t e apportionment 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 ttieans of such improver.Zents, and is in accordance with the law and p oceredings of the City, and that the amounts he r ei.nb,- love shodvr and L_ssesse d against such parcels of property do ri t in any case xc,,eed the benefits to such prop- erty in the enhanced val.ure. thereof by nearis of such improvements, and that the assessmants so how i, and r.,ad.e d not exceed the pro- portions of costs p pf r'1; ,%1,,arge9.ble to such property under the law and charter in farce 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 �nentioned 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 ass ,:>sed against same, together with the total amount assessed, and t1ie names of the owners of such property so far as known being as follc�wa ; (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 the late of ei.gh.t (8%) per cent per annum together with reaso;i:A,blc attorneJ ' s fecs and costs of collections, Form #9 page 2. if incurred, are hereby declared to be and made a lien pon the respective parcels of property against which the same are assess— ed and a personal liabilit- y 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 again, t the, property on which assessment is levied, and shall be t*,�.e, first and -paramount lien thereon, superior to all other liens and clair.s except state county, and municipal taxes and the sums so assessed shall b; payable as follows to—wit: In six equal jnstallm�-nts (annual) , due respectively on or before the date of onmpletions one, two, three, four, and five ., ears f completion and acceptance by he City Of V after the date o J-L t 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 coiripary or its assigns, be and be— come at once due and payable t-ogether with reasonable attorney' s -9 Of cO11eCtiOn, if !nC,urred., and provided further fees and cost that the owners of such property shall iiave the right to pay any or all of t11. e said installments before maturity at any time,, by payment of principal and interest accrued to the date of payment . III. The City of Wic!hita Falls shall not be in any manner liable foi the payment ()f t,.�tjy 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 C1,_ty of Wichita Falls -, hall exercise all Of its lawful_ powers to ,Jd- in m law the enforce en-t and collection of said �: Liens and sums and P- ,, rsonal liabilities ; and if default shall be sums, collection therefor shall payment of any of Said tion thei, made in the payment- be enforced cither by sale of the property by the tax assessor and colleotol- of the City of Ylichita 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 .)f the said L. E. Whitham and Company or its assigns , the Tlayfflellt of said. sums and ,:,aid liens 4� and liabilities shall be (=orced 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 enforceruent thereof, assignable certificates si-,.all be 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, atteoted by the city Clerk with the corpor- ation seal, and sh.all be payable to L. E. Whitham and Company or its assigns , and. shall declare the said am�unts , time and terms of payment, ard the rate 0, interest , and the date of completion L .1 and acceptance of the improvements , shall contain the name of the c,,vner of the property as accur�-�.tely ,I,s -possible , shall contain a descrirtion of the property b.,v lot 11 and block number or front feet thereof, of such other de:- riyt ion as mad,- otherwise identify same ; and if the property sha_1- be o�i,n(--d by an estate , then the descrip— tion tk.lereof as so owned shall be sufficient, ,r if the name of the owner be unknown, then to so state shall be sufficient, and ng the in 1,�.escrlbng an-v -property or --n givi no error or mistztke J. i 11 '. ; name of owner, shall. invalidate 0 1 In any -wise impair any Certif— icatess8ssrenC lfDviled by this ordinance . 0 r a,,n7Y a Form No. 9. Page 3. Said certificates shall provide substantially that if same sha-11 riot be paid prot-j�ptly 1.-tpor triat-arity, thlon they shall be col- lectible with reasonable attorney' s fees and costs of collection if incurred, and shall also provide siibstantially that the amounts thereby evidenced may be paid t(. the collector of taxes in the City of Wichita Falls , Texas , who shal-I is.sluc his receipt there- for, which receipt ,,hall be evidence of such payment -,.,tpon any de- mand for same ; and the collector of tei,xes shall dcnposit the sums so received by him forthwith with the City Treasurer to be kept and held by him in a separl,.-Ae fund hereby designated as -...............__......._.. ....ATqA4.q...L,I?........ ...................... ........................... --. 4triaotcSpecial Certificate Fund No..............I................................_; .and when an,,/ :+.mount shall be made to the tax collector upon such certificates, be sh,1,11 upor presentation to him of the certificate by th(­; con-Grac"or or othe-, holder thereof, endorse said payment thereon, and the, contractor or liolder of such certifi- cate shall be entitled. to receive from th- .: City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credit- ed by the holder the, a..,.cunt paid; and snich end.-1,rsement and cred- it shall be thle Treca_­u.',­: is warrarit for icaking such payment. Pay- ments b,,y the Treaour-­,,r also be receipted for by the holder of such certificates iYL W�'-Itin-, and b,'Y urrerder thereof when the prin- 4�pal, toy;ethcr with acoru ,d interest and all costs of collection and reasonable attorroyls fees , f 1'lavn been paid in full. Sa-Id certif-Icates sl,iall 'further rccitF substantially that l r tI S ipal fernce roven,en.ts have been regularly hid ', n ,Frith tile "18";r1 and that all pre- recj�.; Lsites to the fixi-ra- c-E' the lirmn against the p--op- ert,y described -.n such and th.e person-.-tl liability of the owner have been done and T,�­erfori-,Ied,, and. such ('L " 4 recitals shall iaall be pri�, rCi eV L d e n c e of the facts :;o recited, ard nL. further proof thereof shall be r!.,quired in any court. Said certificates rc.y have coupolli.s- aAtachcd thereto in evi- dence of ea h or all. of +,1I.­ !: eve:ral instaill.-aie-clts thereof, or may 7 have coupons for each of the first six '. n.,,tnJl.ment.­� ; which coupons - L 111 J ,h;5," l be ­ayablc� either to L. E. WhItharr, and Compary or Its assigns, o r to L. E. Whitham &rd. bearer; ct.nd such. coupons may be signed either wi-th the or Erl.Y1 V'Ili .Or with thy- facsimile signature of the Mayor and City Clerk. V. Full power to make and lev'v re--ass,::,ssmc,,.nts in any case and I to correct mistak,��s errors , or irregularities, either in assessments or- ce .ltif.JL'caces issued "Ln evidenc4: tVIE,,reof, is in ancordance with law, vested. in the City. VI. The fact that the improvements hei:-'ol.ri nortinned are being del,-aycd pendi-lip, the effect -,.f this, ordinarice , and. that the condi- tion of said portio-, of street cyidaiifers the public health and �-_-'afetv, const- tu , e,,i arid creatf-s, an. urgent ri, bllc necessity requir- ing, tat the r'ales -,.)rovid! Yi,:- thatrdirl.ances be read at more than one meetj.n� and. for moan­-- thar cne time b', sr.splended, and requiring that th.L., ordinarice b,, -' ,assed and teake effect as an emerf-ency measure and sucl;. rules are oi. srr,rded ar.d this ordi- �_t -3 .a.11 be in force and na.,.ce is pas'ied as an cme i­gem.�.y me L,,3 u r e , ffect immedliately from alnd after its passaSe . Passed and approved this of......FP,.bz-ua.i-.y................................ A. D. 192.�.., Attest :- (Signad-)... ............................... .1VIC 3 r 0 0 m Mayo', City of Wichita Falls, Texas, ........................------ City Clerk.