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Ord 702 2/8/1926 T j j ` 1 t Form No. 9. ice. -� �•; � - U .:. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF 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 DECLARTNG AN EMERGENCY. Whereas, the Boa,. d of Aldermen has heretofore by resolution passed on the 1 day of 19,E , ordered the improvement of in the city of Winhita 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 improvements was let to L. E. Whitham & Com- pany and the Engineer filed with th.e 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 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 the . ..... .day of .._ :5:. �a. . ............ 192... .., all protests and objecti.ons made were overruled and the said hearing closed; and WHEREAS, all other matte r-s -nd. things necessary and pre- requisite hereto have been done .nd performed; and the Board of Aldermen being 3f the opinion that t1t,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 vale.=e thereof by means of such i.mp:rovements, and is in accordance with the law and pi,ocCedings of the City, and that the amounts hei einbc.1nw shown and. assessed against such parcels of property do ri ,t in any cage r;xceed thr benefits to such prop- erty in the enhanced value thereof b,tr means of such improvements, and that the assressmants so ,ho v:: and made d: not exceed the pro- portions of coots pi opt rly� cl-argaable to such property under the law and charter in f,7rce in this City; THEREFORE BE TT ORDAT11 NED BY THE BO .RD OF ALDERMEN OF THE CITY OF WTCHITA FALLS, TEXAS, THAT: I. There shall be and is hereby levied and assessed against each parcel of propert r hereinbelow .raent .oned and against the owners thereof the sums of money below ms:nttoned and itemized and the total amount set opposite tl' e description of each parcel of property; the several amounts assr:ssed against same, together .with the total amount assessed, �,nd t:.,,,. ;lames of the owners of such property so far as known being; as follows ; (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 eight (8f) per cent per annum together with reasonably, attorley' s fe^s and costs 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 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 or,tion of L. E. Whitham and Company or its as:ryigns, be and be- come at once due and payable together with reasonable attorneys fees and costs of collection, if incurred, and provided further that the owners of such property shall gave the right to pay any or all of tlrle said installments before maturity at any time, by payment of principal- and interest accrued to the date of payment. III. The City of Wiohita 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 .hall 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 4-In the payment of any of said sums ' collection therefor shall be enforced either b-ir sale of the property by the tax assessor and 0 11 collector of the City of Wichita Falls , as near as possible in the manner provided for gale of property for the non-payment of ad- valorem taxes , or -It the option afthe said L. E. Whitham and Company or its ass.- gns, the -payment of said sums and said liens and liabilities shall be en-forced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed against said of abutting- property and the owners thereof, and the time and terms of payment, arid to aid in the enforcement' thereof, assignable certificates shall be is,�ued by the City of Wichita Falls , Texas upon the corrg-,�Ietion 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 pay-able to L. E. Whitham and. Company or its assigns, and shall. declare the said amounts, time and terms of payment, and the rate of `.nterest,' and the date of completion and acceptance of the improvements , shall contain the name of the owner of the property as acciir tely s possible , oha21 contain a description of the property property by lot and block number or front feet thereof, or such other descriptil,.n as may otherwise identify same ; and if the pro-perty sha--i be owned by an estate , then the descrip- tion thereof as so oir�ned shall be sufficient, (,r if the name of the owner be unknown, then to so state shall be sufficient, and no error or mistake in (.escrilblng an. "Ir property or in givinc, the name of owner, s_'nall invalj -,3.ate or in any wd.se impair an.y certif- Ss! icate o), any asse ­ent levied by this )rd- Inance. Form No. 9. Page 3. Said certificates shall provide substantially that if same shall not be paid pro,t�iptly apo.-,,i maturity, th(,>n they shall be col- lectible with reasonable attorney' s fees and costs of collection if incurred, and shall also provide substantially that the amounts thereb- y evidenced may be paid to the collector 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 Treasui-er to be kept and held by him in a nepar'a-te fund hereby designated as ........... ..i.... .......... ........._....... ........................­,_. Street Special Certificate e ......................... ................. and when any I-I'moiint shall be made to the tax OU'Llector upon such. certificates , he shall upo)�; 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, rcceive from thi:. City Troasurer the amount paid, upon pres-nting, to him such cortificate so endorsed and credit- ed by the holder with tl.e aytiount paid; and si.i.ch end. .rsement and cred- it shall be the Treasurers warrant for rrakirg such payment. Pay- ments by the Treasurer shall z2so be r-'ceipted for by �4 ;he holder of such certificates in writin,7, and by U urrender the;r(- of when the prin- cipal, toFeth,cr wif;lp accrued interest and all costs of collection and reasonable attorney' s fees , ' f Jnct-`.�­ed, have, been paid in full. Said certi f I cates shall fur+.I-,-er substantially that pr,-- -ig - ice ccedii ss zrith re-fe_re.. to ,tking suc'.1 artiprovements have been regularly h.ad -,n cc,,T-molis_-.nce Wraith the lava ,, and that all pre- reCjL,__. OiteS to the fixir.,g of thr, rrasse,-a.-,,rqent lien. against the prop- crly described. 7 .n. such c( r t- f i.-at and the personal liability of the owner hays; bet-ri rti7 41arly ca,.A *por-f`orri-.,ed, and such recitals shall be rr-,ri-a facie evidence of the facts --,,o recited, and no further proof thereof shall be. r(.-,,quired in any court . Said -certificates may have coupons ­,.ttached thereto in evi- dence of or all of the ! evoral installmll:,nts thereof, or may have coupons for each of th-,--- first six J,nc tF�llments ; which coupons _shall bo e-ither to L. E. 71h1thf-tin ard Comr,,any or its assigns, or to L. E. Whith -m and Com-,,-.rrr,,i r such coupons may be signed either �?riitjll the oriigina.' or ,�rith the facsimil.e signature of the Mayor and City Clerk. V. Full power to make and lev,17 re-assessments in any case and to correct mistake's , errors , invraliditle,­ , Dr 2 rregular-i ties ; either __ in assessments o �- cei,tificateS 4 SSU ed in evidence thereof, is in accordance kith law, vested. in the City. Vi. The fact that the imT;rnvements herein mertioned are being dele,'red pe-nding the effect Lif this ordinance , and that the condi- t--', o n of sai.d. -I.Portion of street endangers the public health and safety, conotf; till 'c:- and creo,t-s rrj. ur�7ent p-,rbli..c necessity requir- ing tho-t thct rule-6 -:rovidin,::, that; ordirances be. read at more than one meeting and for m,-)re than one time be susrcrdcd, -,.,nd requiring that thi4z ordinance bc rass2d and te�,ke -ffect­ao an emer,,7ency measure , and such rubs -a-re, and this ordi- nence is paz,,,ed ­,-s an m-�,asur­ , and shall be in force and effect immediately from and after its passage . of...... .......... .......... Passed and a-oproved this .........da7_, ............... ............. A. D. 192....L... Attest :- ...... ...................­....................... .... ....Mayor, City of Wichita Falls Texas. ............................................................... City Clerk.