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Ord 699 2/1/1926 I'o rm No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF SIX'iE.Ky lii 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 Board of Aldermen has heretofore by resolution cSerternber ...19k.._ ., .a.......................... -.._... passed on the ..........Zth..............day of -•---...._........ -- ordered the improvement of c i:Kteenth Street -from the 'Nest property Line of Travis Street to the ast rronerty Line of Austin -street. in the city of Wiohi.ta Falls , Texas, brt; raising' grading i ga and fill- ing with same and installing concrete curbs and P g one course reinforced concrete , and contract for the making and construction of .:such improvements was let to L. E. Whitham do Com- pany and the Engineer filed with the City roll or statement show- ing descriptions of the various parcc;ls of abutting property„ the amounts to be assessed aga.in.st each parcel of property and showing other matter: and J(hingrs ; and such roll or statement was examined and approved; and after due and properaotice , hearing was held and had; and by resolution passed on the . 1st.......day of 192.-- ., all protests and objects made were overruled and the . said hearing closed; and WHEREAS, all other matters and thi.ngs necessary and pre- requisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the cU?_,pjrtionment 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 means of such improvements, and is in accordance with the law and p.. oceedings of the City, and that the amounts her einbclow shown and c,,s­>essed against such parcels of property do not in any case (-xceed. th . benefits to such prop- erty in the enhanced value-: thereof b7 means of such improvements, and that the assessments so .>howi-i and made do not exceed the pro- portions of costs p_ccperly chargeable to such property under the law and charter in f<)rce in this City; THEREFORE BE IT ORDAINED BY THE BOkRD OF ALDERMEN OF THE CITY OF WICHITA FAILS, TEXAS, THAT I. There shall be an,9 is hereby levied and assessed against each parcel of property- hereinbelow mentioned and against the owners thereof the sums of money below mentioned and itemized and the total &mount set orposite the description of each parcel of property; the st:veral amounts ass = sr=-d against same, together with the total amour a se'ssed, nd t,-.c' games of the owners of such property so far as known being; as follows ; (ADDENDA; Refer to Street assessment 3he(--:t- next attached and made a part hereof. ) II. The several suns above nertion.ed_ assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight (80) per cent per annum together with reasonabl attor:%-1E� T ' �=, fees 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, nt li thereon 3lerior to and shall be the first and param ou county, andu municipal all other liens and claims except stateen' 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 daof te comPletiOyl,completion onp',anda two,cceptan three,ce fobyur,the and City five of years after the of said improvements , and the sums asse`;sed 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 assOssement upon which default is made shall, at the o;'tion. of L. E. Whitham and. Company or its as.-ligns, 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 o,,Frners of such rroperty shall iiave the right to pay any or all of t �c aid installments before :maturity at any time, by s payment of principal and interest accrued to the date of payment . III. The City of WJJchita Falls shall not be in any manner liable for the payment of L.jny surs 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 Wich-Ita Falls ;_-,hall exercise all of its lawful powers to aid in the enforcerient and collection of said liens and si.).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 Company or its assigns, the payment of said. sums and and liabilities --hall be enforced in any iaid liens 3 L i Y 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 pa- enforcement payment, and to aid in the thereof, assignable certificates shall be issued by the City of om pletion and acceptance of the W�J� r_�hita Falls, Texas upon the c � ,r,-orkl vvhich certificates shall be executed by the Mayor in the name of t-he City and a.tte,3tcd. by the City Clerk with the corpor- ation seal, and shall be payable to L. E. Whitham and Company or its assigns , ar d. .all declare the said amounts , time and terms of payment, and the rate of iPt(,r'cst, and the date of completion and acceptance of the improvemient�.-,, , contain the name of the acctarately as possible , shall contain a ov,iner of the property as descr .ption of the, pro-perty by lot and. block number or front feet , the , eof, or such other des­ rirtJ _:n as ma;Y otherwise identify same ; then the descrip— tion if the property spa i be oAn6d by an estate , thereof as so GVned shall be sufficient, c,r if the name of the oviner be unknown, then to so state shall be sufficient, and ,,escribing any property or in giving the no error or mistake in narme of owner, shall invalidate, or In any wise impair an,,r l-� certif- icate or any sessent levied by this jrdinance. Form No. 9. Page 3. Said certificates sl'..all prov.ide substantially that if same shall not be paid pro,-?iptly lipon maturity, th,-,.,n they shall. be col- iectible with reasonable attorney' s fees and costs of collection if incurred, and shall also provide sabstantially that the amounts thereby evidenced may be paid to the., cc)Ilector of taxes in the City of 1,11ichi-lk-'a Falls , Texas, who si,-al.1 is�:,ue his receipt there- f,ir which receipt shall be evidence of such payri,ent -apon any de- ma. n.A for same ; and the collector of taxes shall deposit the sums so received by him forthw'itlln with the City Treasurer to be kept and he by him in a, separate fund hereby designated a.. ........................___ Sixteenth Street Special Certificate Fund No**...... ...e*n, a--ny L,.moi.ant shall be made to the tax collector upon such cert-ificates , hi-�- shall upon presentation to him of the certificate by tho contractor or other liolder thereof, endorse said payment t1inc-1-con, and the contractor or holder of such certifi- cate shall be entitled to receive frim thl City Treasurer the amount paid, upon presenting; I I I' d r s � ting to 1, 4m such certificate sc, e i o ed and credit- ed by the holder with the aiziou.nt paid; and sill(.Ai end irsemp -ed- I - nt and ci it shall be the Treasurer' s for-ii,,arrant raking L, -, such payment. Pay- ments be receipted for by the holder of ments by the Treasurer shall such certificates in w-ri-ti.ru, and by surrender thereof when the prin- cipal, together with accrued interest and all. costs of collection and reasonable atturyley' s fees , if have bn-_n paid in full. Said certificates shall further recite substantially that all proceedings with reference to r­iaking suc't it provep.-ents have been regularly 'p.ad -, n con-jplir,_,nce w,ith. the law, and that all pre- g reqi., �_sites to the fixir V_I 4-1 e asses:3ment lien against the p i-op- erty described :in such certificates ,,nd the personal liability of the owner have beer) rer-? ,Iarly dor,c and TerFormed, and such recitals shall be prima facie Pvldence of the fa^ts 6o recited, a,,.,id no further proof thereof opal-I be rt. quired in an.y court . Said certificates Yrtray ha­�re ccu-coTis attac.1-led thereto in evi- dence of ea,A-_ or all of thp a-cve­-al irstailthrents thereof, or may I.- 'i.,,,s't six '� rst,,�Jlment,­ ; which coupons coupons for each of the f -r E. 71hi thi:'m and Compary or its assigns, sl.-La,ll be pey­,. ble ithe r t,i -cr; arid : ti ch ooupons may be or to L. E. ihitham ,7,rd -the fi�: �siyiiile signature of signed e-tther w.1-th the oi,i,gine_ os- -with the Mayor and City Clerk. V. Full power to m;�,ke and lev.,r re­assc ssments in any case and to correct mistakes , PrY*01-5 . invaliditie:-.ji, or irregularities ; either -in assessment:� c-- ceft-� flcatles i ui sscd evA.dence ttiereof, is in aecordance d;ith law, vested in the City . VT. The fact that the improvements herein mentio-e-jed are being delayed pending the effect of this ordinance , and that the condi- tion of said. uorl -loir,L of street endangers the, public health and safety, cons t I tut e-, and creatqs an urgent p-oblic necessity requir- ing that the rules that ordinance2 be read at more than one meeting and for more than one time, be s1.1spended, and requiring that thi ordinance be passed and take effect as an emeri,,,ency measure , and such rules are accord.ingll,, siispcnded, and this ordi- n.F-nce is passed as an emergencY y 9 c-tnd shall be in force and C� . effect immediately from and after its passage, . Pass,od and approved this ........1st d,-i.,7,- o f............ ........................ A. D. 192.....L. Attest :- ( Signed..)...R. !]. 'Shepherd ........................... ia­"y­o­'j.7 *City i"y", f*' 'i, c­h­!-"*t­a** *F­*a"'11.9 , Texas. w. L-qBroom .............................. City Clerk.