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Ord 705 3/8/1926 V � t jk -7c)sool�' Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF PARK 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 of Aldermen has heretofore by resolution passed on the ........4.1Fftjt_........day of ._...._ ..... 192...�.... ordered the improvement of `--rk Street fro--' the Irorth Curb Line of 8�� .rise trect to t1ie .`.' T y 4r. Co. tr{ cks. in the city of Wir•hita Falls , Texas , b;; 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 imn.rcverrents was let to L. E. Whitham & Com- pany and the Engineer filed with t}:.e City roll or statement show- ing descriptions of the variousparcels of abutting property, the amounts to be assessed against each parcel of property and showing other matter: and th _ngs ; and such roll or :statement was examined and approved; and after du.a and proper notice , hearing was held and had; and by resul.ut .on passed. on the lath_ day of _Fe;orua r....... 192_ .6._., 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 done and performed; and the Board of Aldermen being of the opinion that the atportionment 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 vul,.ke thereof by means of such improvements, and is in accordance with the law and p, oceeding , of the City, and that the amounts hereinbelow shown. and assessed. against such parcels of property do not in any case exceed the benefits to such prop- erty in the enhanced value thereof by means of such improvements, and that the assessments so ,-shown and made d: not exceed the pro- portions of costs pi operl;;T chargeable to such, property under the law and charter in f )rce in this City; THEREFORE BE TT ORDAINED BY THE BO�.RD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : I. There shall be an is hereby levied and assessed against each parcel of property lereinbelow Y,,ientioned and against the owners thereof the sums of money belcw mentioned and itemized and the total amount set tide doscription of each parcel of property; t'c several amoijnts ass ,,.,sed against same, together with the total amount assessed, ,n t'..e r:ames of the owners of such property so far ai s knolnn br .n, as foll.�-71.3 ; (ADDENDA: Refer to Street assessrier.t he :-t ext ,ttac1,.< d r;.r_d made a part hereof. ) II. The several sums above rnen i.or;ed assessed against said parcels of property and the owners thereof, respectively, together with interest thereon nA the rate of eight (8%) per cent per annum together with rea,so:lablo attornr ;r' s fe< 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 s,-;.me 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 and the said lien shall be and Constitute a first enforce- able claim against the property roperty on which assessment is levied, dunt lien thereon ouperior to and shall be the first and param county, 6d municipal all other liens and claims except state taxes , and the sums so assessed shall b; 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 completion and acceptance by the City Of years after the date of said improveliientsi and the sums asse..,sed shall bear interest from date of such completion and acceptance at the rate provided, pay- able annually with each installments and provided that if default I be mace in the payment of any principal or interest when due, then is made shall, at the wholEt of the assessement upon which default the ortion of L. E. Whithamt and COTTIPanY or its as:,,igns, be and be- come at once due and payable abe together with reasonable attorney' s fees and co-,4V C- -s Of tiOl-1, if �11.n(_�i)..rred, and provided furthor c011e- that the owners of such property shall r-ave the right to pay any or all of tle said installments before maturity at any time, by payment of principal and interest accru(;d to the date of payment . III. The City cf W! 11-.;hita Falls shall not be in any manner liable fox the payment Of any surqs 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 C.Lty of Wichita Falls :,hall exercise all of its lawful powers to aid in the enforcement and collection of said ' :Lens arid s-ams and personal liabilities ; and if default shall be made in the payment of any of said sums, collection therefor shall be enforced eLther by sale of the property by the tax assessor and collector of the City of Wichita Falls , as near as possible in the manner provide,:. for - ale, 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 evidenolng 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 shzJ1 be issued by the City of W` chita, Falls , Texas upon- the completion and acceptance of the L-work, which certificates shall be execu- ted. by the Mayor in the name of the City _Ln.rj atteL,ted by the, city, Clerk with the corpor- , anon seal, and shall be payable to L. E. nitham and Company or its assigns, and shall. declare the said amounts , time and terms of 7 interest , and the date o-0,l. completion payment, and the rate of and acceptance of the 1mrrovements , shall contain the name of the caner of the, property ao- aocuratelly as possible- , shall contain a descrl the - 1), , 7' r cr front feet of u pr­pert-� by lot and. block number thereof, or such other des:crapt ic.Dn as may otherwise identify saaie; and If the property sha, i be cv,ncd by an estate , then the descrip- tion thereof as_so owned shall be sufficient, ur if the name of the owner be urd,_ncwn, then to so state e shall be sufficient, and n c-�) r.ror or mistake in cescribing an,!7 -property or in giving the U name of owner, shall invalidate or in any wise impair an-7 certif- icate or any assessr.�ent levied b,v this ordinance. Form No . 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pr,,,),-tIptly ,Apori mat,Arity, then they shall- be col- lectible with rea,sor.able attorney' s fees and costs of collection if incurred, arid shell also provide substantially that the amounts thereby evidenced may be paid to the C,:,lllc-,ctor of taxes in the City of Vlichita Falls , Texas , who sh.all, is:lue Inis receipt there- f�)r, which recfipt, shall be ­-'videnre of such payment upon any de- rtiand for same ; and t.'-le co- lector of.* taxes shall deposit the sums so received by him fortliwit!-.. wit.i the City Treasui-er to be kept and held by him in o separ.,Ac fund hereby designated as ­..............­­............ -Dr ak ...:��.....­.. I ............. ......­­......... ................... Strriet Special Certificate Fund No-..............1....... .......... .... ; ard �O.,.eri and; �,,mo-ont shall be made to the tax collector upor, su(,,!,-, cert if4cates, , he sh-11.1 upor presentation to him of the certificate by thr contractor or other holder thereof, endorse said payment t.1-1E .reon, and the cortractor or i-:older of such certifi- cate shall be entitled to receive from th,! City Treasurer the amount paid, upon presentingT 1, - to him such certificate so endorsed and credit- ed by the holder with. tl:,o paid.; and such endorsement and cred- it s1jall be the Treasurer' s t-,,-arrtant for making such payment. Pay- merits by the Treasurer -,hall also be rcceipted for by the holder of such certificates- in wrltinp;, and by surrender thereof when the prin- cipal, together with accrued Intel,est and @AI costs 01 collection and reasonable a'torri.,eyls 1"eS , have been paid in full. Said certificates shall further r,I ,,I1.t(-.:, subst,-:I.ntially that all proceedings with reference making, suc]. improvenents have been regularIv had in conrpli,�,nr-­ with th.e law and that all pre- re,q,-.pis-ites to the fixi-f-ig of the asse 1--en against the prop- erty described iri su:,--h oert —fical-., and the person!`%l liability of the owner have bear: re,-,71,iTarly done cand rerformed, and, such recitals shall be prit, a facie- PVidOrICI-I c f the facts ;-.,o recited, :-i-,nd no further proof thereof shall be, r,,,.�auired In aj:i.y court. Said certificates may haVe coupons ,,i.ttached. thereto in evi- dence of en or all of the everal installments therenf, or may !;iave coupons for each of t'-('C� first sj1: I' rstF,,Ilments ; which coupons 11 be -rayab I e e 1.t h,�r to I E. '71h I t h rarn an d C o m p car��.y or i t s assigns, or to L. E. Whitht-lim �,.Y:d Camx r earor; f4r. 1 b A such coupons may be signed either 1,,,,j. th tlic- orl ,,-Tirial oj- `rt;ith the, f,�,Icslmile sir the Mayor, and City Clerk. si�;natur© of V. Full power to make a,-nd levy., re-.assessments in any case and to correct mistakes , crror-s , or irregii.larities; either j - -3 in svJ.dence ti-,­reof is in In assessmrjnt,,--., or cei't-il"l-cates U actcordance �Ath law, vested. in the City. VT. The fact that t'n.e im-provements herein menti-)nod are being delayed pending the effect of this or(IJI.riance , and that the condi- tion of sa" d 'portion of street endangers the public health and safety, constitutes, and c-reates an UI-F-IE:nt- public necessity requir- ing that the rules ypro% idiyi - that ordinances be read at more than one meeting and for morc tl:-:-,-in one time be suspended,- and requiring that this: ordinance bc! rassed- and take effect as an C!merz ency measure, and such rules are accordingl�; slo-spendr-A , and this ordi- nance is passed P,.,s an emerg(--),-nc,,,,T measure . and. shall bc) in force and effect immediately from and after its passage. Passed and approved this .....isAh....day of...... .................................. A. D. 1926...... Attest :- She'j-erd, ... .......................1-...... .................................... (Siered) Mayo}-, City of Wichita Falls, Texas. .....................-------------------- ...*......... City Clerk.