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Ord 698 2/1/1926 Form No. 9. ORDINANCE LEVYING ASSESSMENT FOR PART OF THE COST OF IMPROVING A PORTION OF uIXTEEl"TFI 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 CF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whereas, the Board of Aldermen has heretofore by resolution passed on the 3.lst .day of .........'*i1.guat...................._ ....... -• ordered the improvement of Sixteenth 6tre=et froY., the .'hest Property of 3,arnett street to the - ast Uarb Line of :7-tree+ 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 imprc�verrents was let to L. E. Whitham & Com- pany and the Engineer filed with the C.it,y 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 1.hings ; and such roll or . tatement was examined and approved; and after due and proper notice , hearing was held and had; and by resulution passed on the ...-l .day of ._.3ohxua�y....... 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 arportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parce"Ls of abutting property in the enhanced vale,+e thereof by means of such improvements, and is in accordance with the law and proceedings of the City, and that the amounts her ei.nbe lovv shown and �.ssessed. against such parcels of property do not in any case exceed the benefits to such prop- erty in the enhanced value} thereof by wear,s of such improvements, and that the as essmants so ._hov " and mado d:, not exceed the pro- portions of costs p] operl1, chargeable to ,>u.cl-�. property under the law and charter in i' >rcc in this City; THEREFORE BE IT ORDAaNnfD B`r THE BOARD OF ALDERMEN OT THE CITY OF WICHITA FALLS, TEXAS, THAT: I. There shall be an,� is hereby levied and assessed against each parcel of property i,ereinbelou .mentioned and against the owners thereof the gums of money below mentioned and itemized and the total ar=cunt set cr,pcisi.te the description of each parcel of property; the several amounts ass osed against same, together with the total a111ount assessed, and names of the owners of such property so far as ''no'.°gin being as follow ; (ADDENDA: Refer to Street assessment ;heat next attached and made a part hereof. ) II. The several sues above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of cmilt (8%) per cent per annum together with reaso°Labl1 a.ttorne;7 ' s fe 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 againot 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 aszewsed 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 oT,tion of L. E. Whitham and, Company or its asq.1igns, 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 owners of such property shall fLave the right to pay any or all of t,,e said Lnstallments before maturity at any time, by payment of principal and interest accrued to the date of payment . The, City of W"..chita Falls shall not be in any manner liable foi the payment (,f 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 t;,Ie City of Wichita Falls 'Alall exercise all of its lawful powers to aid- in the enforcement and collection of said liens and slams 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 f the said L. E. Whitham and Company or its ass-Jigns, the payment of said 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, eird to aid in the enforcement thereof, assignable certificates shall be is5�ued by the City of W c�hit_-- Falls . Texa:3 upon the, complet-lon and acceptance of the which certificates shall be executied by the Mayor in the name of the Cit;,., and. atteoted by the City Clerk with the torpor - ati-on seal, and_ shal..1 be payable to L. E. Whi.tham and Company or its assigns , and shall de.cl^,rr? the said amounts, time and terms of payment, and the rate of irtercst, and the date of completion and acceptance of the improvements , shall contain the name of the cziner of the PrOPC!rty as acci.irately c,,s possible , shall contain a description of the -,_)rci)erty by lot and block number or front feet thereof, or such ctiier description n as mar otherwise Identify same; and if the property s_na.,, _' be o'v,nc d by an estate , then the descrip- tion thereof as sc owned shall be sufficient, (,r if the name of the ovvner br unknown, then to so state shall be sufficient, and no error or mistake in Lescribing any- property or in giving the name; of owner, shall invalidat,,- or in any wise impair anT,r certif- icate or any assessment levied by this ordinance. Form No. 9. Page 3. Said certificates provide substantially that if same shall not be paid pro,rjptl.y upor, maturity, 41,-.hen 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 c.,llector of taxes in the City of Wichita Falls , Texas , who shall issue his receipt there- f,,,,r, which receipt shall be evidence cf such payment upon any de- mand for same ; and the collector of is--rxes shall deposit the sums so r(.ceive�d by him forthwith with the: City Treasurer to be kept and held by him in a qepar_Ae fund hereby designated as ...t-%i1leAnth....... ......... .. ........ Street S-oocial Certificate Fund io" ........... any amount sr,all be made to the tax collector upon such of--r4,-.ifjCateS, Y,e shall upon presentation to him of the certificate by the, contract,or or othec holder thereof, endorse said pay-merit thereon, and the contnuctor or holder of such certifi- cate shall be entitled to receive from. t-h._ City Trec,:tsurer the amount paid, upor. presenting to him such so endorsed and credit- ed by the holder with tl,,e ai.,,ount paid.; and suclo. end ;rsement and cred- it shall be the Treasur(73_rls ivarr,-int for ri-ahl.rg such payirient. Pay- ments by the Treasurer shall lso be receilpted for by the holder of such certificates in writi.nF2, and br-- �.,,urrurjder the,,roof when the prin- cipal, together with accrued iritc,,rest and all costs of collection and reasonable attorney' s fees, '.f have, bc,en paid in full. Said certificates shall Jurther rec te substantially that a- 1 proceedings with refert..,,,nce to r1aki-rig su­: improver,,ents have been regularly had 'Ln =iipli,L,ncc with. the law, and that all pre- requisites to the fixirg of the assessment lien against the prop- erty described in s-Lch and th personal liability of the owner have been larl­ done and rer,"ormed, and such recitals shall be prii,lic, facie evidence of the facts 1,o recited, arid no further proof thereof shall. be. required in any court. Said certificates r.nay have couporis �,) ttacll-.ed thereto in evi- dence of ea,,_sh or all- of the r eve.r,)A_. J.nstallmenits thereof, or may htilre coupons I I ,,pons for each o' the first s4.-x vtrhich coupons sh J:� I -all be ­ayabl_��-., eithcr to L. E. and Company or its assigns or to L. E. Whith,11m Fr.d C ! ,r bc1Et,.r(_-!r; t,.�id S-LIC1.11 coupons may be ciigried ei.the- with the ol­1[11111a, or P;ith the signature of the Mayor and City Clerk. V. Full power to make and levv ro-assl­!sc-merits in any case and to correct mistakes , errors , jn7,,aliditic,_, , C)r irregularities; either in assessments- o .- certificalles �'..ssu( ,d in evidenc,.� thereof, is in an,cordance dith law, vested in the City. VT. The fact that the improvements horoin me-ntloiied are being delayed pendir:g the effect of this ordinance , and. that the condi- tion o� said ,�ortion of street endangers the public health and safety, cons t'ctu, e a-Yd creates an ur,7ent pi-blic necessity requir- ing that the rules ,7jrov-.1,dirj. ­ that ordinances be read at more than one meeting and for mc.)re. than one time be suspended, and requiring that thi.,., ordinance be passed and take effec-:t as an. emerf"ericy measure , and such rules a,-e accordingIv sk_asnr�rdel , and this ordi- nance is passed as an emergercy rea 17�:ure , a.,Vll shall, be in force and effect immediately from and after its passage . Passed and approved this .......2At_..da1,, ................... A. D. 192.... ..........................Attest :— .....UUzL.eA1.).­* .�i.K-ned ' I '� IvIcBroom Mayor.,, City of Wichita Falls 3 Te.7as. ... .......i � 0 .j 0 ..............................I............................... City Clerk.