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Ord 689 1/18/1926 Form `Ty -5 lFi�17 FOh PART OF ORDINI'�.NCE LE IT'r! A6SESS _, iT THE COST O . LZt'T:,rj �TING A PORTION CF Stl�117ET ITT THE CITY 0 _7 F 10 EITA FALLS_,_M_AS, Fi-.,Ti1,TG A CHARGE ARD LIEN �,GAIN-63T ABTJTTMx AITI�"ROPF TMT Y 4 THE 01AMER3 THEREOF, PROVIDING F02 THE COLS LECTIOD OF SUCH ASSESS1,1ENTS, AND FO`R THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whore�,s , the Board of Aldermen has heretofore by resolution passe& on the 14tlf"day Of -ept* 192 5 , ordored the improvezent Street in said City from its inter- section with the line of Street to its intersection with the ,��-, �u2 b line of liz eth Street, by raising, grading 17 _T and .,a 7r�d ing Ux s d ers filling C�� and p ,,ving with rein -)rcec c 52,C;r e -a contract const- r o7e.2onts an for the making and _uc;tion of such i-.-ip was let to 03 . , and the Eng- ineer file withthe City roll or st -v11-eM0Et--sF0w:Lr_g descriptions of the various parcels of abutting property, the araounts to be �4ssessed against-) e,,,oh parcel of property and showing Other matters and things; and such roll or stat-enient wfis examined and approved ; and after duo and proper notice, hearing ,Tvris held and had; and by resolution passed on the day of Dec- 192-5 —) all Protests and objections safT he-.ring closed -, and VVHEREAS, all other matters and things neoesoary and pre- requisite hereto have been done and performed; and the Board Of Aldermen being Of the opinion that the -,pportion:raent of tho cc�st-,4. hereinbelow made and set forth is in substantial proportion to the benefits to the respeotive Parcels of abutting property in the enhanced value thereof by means of such improvements , and is in accordanoe with the law and proceedings 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 property in the enhanced value thereof by means of such improvements, and that the assessments so shown and made do not exceed the pro- protions of costs properly chargeable to such property under the law and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BO,-'-2D' OF ALDERMEN OF THE CITY OF TlICHITA FALLS, TEXT-E, T_�'J`IT- I. There shaee be and is hereby levf-I-ed and assessed against each parcel of property hereinbelow mall+-' ­tonea and against the owners thereof the sums of money below -_Ien, ,,,Toned and itemized and the total amount set opposite the description of each parcel of property; the several amoun-us assessed against same , together with the total amount assessed , rind the names of the owners of such property so far as known being P.s follows : II. The several suns above mentioned issessed against said parcels of property and the owners thereof, respectively, together with interest thereon reit the rate of eight per cent per annum to- gether with reasonable attorney 's fees and costs of collections, incurred, are hereby declared to be and made a lien upon the ros- pective,Dparcels of property against which the same are assessed and a personal liability and charge against the real and true owners of such property, whether such --wners be named herein or not, and the said lien shall be and constitute a first enforcealbe claim against the property on ,-jhich assessment is levied, and shall be the first and parar-ount lien thsroon, superior to all other liens and clai-;2s except st,-tte, county, �:tnd municipal taxes, and the sums so assessed shall be follows to wit : In SIX _equal Z*X5jxzx;Lx install:^ients annual) , due i - 71 respectively on or beforot'�e JA a e'Uion ,one J�­,) t1�-ree ,fo,, -VG' years after t h e date of 0 jE T�TEO-+,-To—n ;end d e p tffK'c_e--E—y-TF,-o-_C i Ty—r) said improvements, -ind the sums assessed -`-7tli bear interest i- rate provided , p� date of such completion rnd acceptance �7 4- he �T annually with each installimeilt) and pro-Tided that if default be . made in the pay -1 (1, ment Qff -� orarly O lrt�): c,�'t `7'-�cn Ill C,I t Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of_ T � ,: • --�. Ar C..c�,�,,__.._._. or its assigns , —�rr � be and become at on�e�ua and pay bic , ogaTher with .reasonable attorney's fees and costs of Coll-ection if ir-carred, and provided. further that the owners of such property shall have the Tight to pay any or all of the said installements before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in Rny manner lie,ble for the payment of any sums assessed against any abutting property or any owner, but the said L.1].4hitram 1 Co. and its assigns shall look solely t3-s�Eoh owners for payment of the sues assessed ; but the City of U7ichita Falls shall exercise all of its lawful powers to aid in tho enforcement and collection of said liens and sums 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 "gichita Falls, as near as possible in the manner provided for sale of property for the nonpayment of ad-valorem taxes, or at the option of the said L.�..ihitham Rc Co. , �_or its assigns, the payment of said sums and said liens and liabil- ities 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 payments and i;o aid in the enforc4W11011-t thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and _1,ceeptanee of the work which certificates shall be executed by the Mayor in the name of the City and attested by the City Clerk with the oorporation seal, and shall be payable to L.�;.ajhitham w Co. �. -•or its assigns, and shall eclare toe said amounts, time and terms Of payment, and the rate of interest, and the date of eomplOtion and acceptance of the improvements, shall contain the name of the owner of the property as accurately as possible, shall contain a description of the pro-,3erty by lot, and block number or front feet thereof, or such other descr=-p'Vion as may otherwise , identify same ; and if the property shall be owned by an estate , then the description thereon f,s so owned shall be sufficient, or if the mae of the owner be unknown, thY, l_o so stq-te shall be sufficient, and no error or mistake in � scribing any property or in giving the name of owner, shall in7L: .1d';,te or in any wise impair any certificate or any assessmon 1;3vied by this ordinance . Said certificates shall provide sulbstantially that if same shall not be paid promptly upon ma'',urity, then they shall be collectible with reasonable attorney's fees and costs of collet-- ion if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid -to -the collector of taxes in the City of wiehita Falls, Texas, who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand for same ; and the collector of taxes shall deposit the sums so received by him forthwith with the City Treasurer to be kept and held by him in a spearate fund hereby designated as Llagnolia Street Special Certificate Fund No. and when any amount shall be made to the tax collector upon such certificates, he shall upon presentation to him of the certificate by the contractor or other holder thereof, endorse said payment thereon, and the contractor or holder of such certificate shall be entitled to receive from the City Treasurer the amount paid, upon presenting to him such certificate so endorsed and credited by the holder with the amount paid ; and such endorsement and credit sh.a.11 be the Treasurer's warrant for making such p,,yment. payments by the Treasurer shall also be receipted for by u-he holder of such certificates in writ- ing, and by surrender thereof when .VrE principal, together with accried interest and all costs of collection and reasonable attorney's fees, if incur red, have been paid in full. Said certificates shall furth(:r recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance .,pith t_ law, and that all pre- requisites to the fixing of the assess:.,ie it lien against the pr. GT- erty described in such certificates and tr.e -personal liabili•t7 c f the owner have been regularly done ar_d per.fo-med , and such $Is shall be prima iao i,� f t -'� r 0 r( Page 3 --- Form #9. ana no further proof thereof sha'-U in ny c ou wt S a-ft d ^e t i f i at P,o McY r,S at 4-U a,C h e,a t 1 o r 0.t 0 in e�ridencl- of each or all of the Sa-\761 a ,- t-�Ie-00'* $ or may ha ,e coapoj.s for each of the six install- ment; which coupons shall be p�),yablc eit')Ilw; L.E ji-tom, or its ass *F-ns , or t --or bearer ; aaids,loh cc)-L�-, �-,ns may re signed. Vure Of tho either with the original or with the fa(,S-,-mne signature May and City Clerk. V. F -L all power to mtCkel az,,'5 " re-assessments in any case P�-,Y - Inv Ilidi-es or irrer.-ulari-ties; and to corredt mistahles , 0 ? -a either in assessments cr -.T--cat-!-s is,-uod- in evidence thereof, is in accordance with law , ves �e.(-;I in -L'-,h.e City. V1. The fact that the improvements herein mentioned are being delayed pending the effect of this ordinance , and th,-.it- the condition of said portion of street endangers the public health and safety, constitutes and creates an urgent public necessity requiring that the rues providing that ordinances be read at ' more than one meeting r,nd for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and such rules are accordingly suspended' $nd this ordinance is passocL as an emergeno,',r,7 measure , and shall be in force and cifect immodiately from and after its passage. Passed and approved this 7t" _day of DecDecember192 (51 V ic1ii ca Fa Attest : - (6iEned) LIcBroom City Clerk. WHEREAS, contract in writing between City of Wichita Falls and L. LA'. Ihithbm Co. : for the improvement of the following street in said City to Wit r -1 r '- '� ef *le .rb U U,)uV.. �urb L�., Iie .17 ]lizabetu�i ,tr .et , Together with contraction bonds and maintenance bonds required there by, are this day presented to the Board of Aldermen for adoption and approval: and, WHEREAS , the Bid of for the making and construction of the impp-ovement provided for in the said contracts , has after due advertisement and noticei been made and upon opening of the said Bids, said contract was awarded to the said Company, and WHERE-AS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the said contract to be paid by the City of Wichita Falls : THEREFORE, be it resolved by the Board of Aldermen of the City of VILrAL--' t9, Y9-1 Is, that there be and is hereby set aside and apqroyriated out of the fli-nds, available, for that pur-oose, the sum of to pay and defray all that portion of the cost of improvedng said portion of 7-.!a 'i io 1 i a -`t r e e vu rb e 3 m&r street to the 63uth ;J:-:rb Line --lizabetr, -41-ree-U. To be paid for by the City of Wichita Falls: The said contract and the construction bond and maintenance bond, be and the same are hcseby approved and adopted , and the Mayor is hereby authorized to execute and sign the said contract, in the name of the City. That this msQlution shall, take affect from and after its PatMALg e Apprry-,?r,A ,)jtd VoFj--v�firi thi.-, 7th day of Dec 192 5 d) R. jheci-,erd Itayor. Attest: Gity Cterk. FORM # II RESOLUTION VMREAS, contracts, in writinF between L. E. Whitha--i and Company and the City of Wichita Falls , for performing of all- work of excavation in connection v,,ith the improvement of f the �,niersh .�t-reet to e :T,,D 7 ine of -IizF-beth ;�,"z-reet - U t lr for the prices named therein and. upon the terms therein set forth binding the City of Wichita Falls , Texas t',- do and perform all work of excavation upon said street, as is pr,,-)vided M the contract, being one contract for said street, are this day presented to the Board of Aldermen for adoption and approval, and, WHEREAS, it is deemed advisable to E-1-i-tter into said contract upon the terms set forth therein, and for the compensation therein provided, Therefore , be it resolved by the., Board of Aldermen of the City of Wichita F-tlls , Texas : I. That the City of Wichita Falls , Texas do enter into contracts iAi-Ith L. E. Whithair, and Comipany birding the City to do and perform all the worli of excavatllcn shown in said contract , and on said street , at and. for thn, prices and for t,he terr.,Is therein stipulated and set forth. That tl.,,e ,)aid contract is hereby approved and adopted and 111a'vor is hF,reby authorized and directcd. tIG execute and sign the, said contract in the name of the City. III. That this resolution shall take effect from and. after its passage. Passed. and approved this ... day 0 j,-c --.A. D. 192...5, -d ...................................................................................... MAYOR. ATTEST: ............................................................. CITY CLERK.