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Ord 681 12/24/1925 f norm 9 (l of 4) ORDITv.:'d;CE LEVYING ssESSIME T FOr A PART OF THE COST or I., _�ovjyG ! POMIOrr OF AVENUE "Frs IU THE CITY OF WICHIT! FALLS, TEXAS, FIZIYG a CHA:E AND LIEN IGAIYST '-1.BUTTIUG PROPERTY AYD THE OWNERS TI L'REOF, PROVIDIi,G FOR TIE COL - LECTIOiv OF SUCH _,,SSESSIiE1 TS AND FOR TITS ISSUANCE OF !SSIGNABLE CERTIF ICATDS. BE IT ORDAIITs"D BY T 7� BOARD OF ',LDERME OF THE CITY OF WICHIT L FALLS, TMS, THIT WHEREAS, the Boars of Aldormen of the City of Wichita Falls, Texas, has heretofore by resolution passes on the 23rd day of Februa:EL_______,_, 1925,oKered the improve- ment of1Venue F _ u: s A Ci.tt from its inter- section yvith ho ea proper y line of ritain Street to its intersection v7 th the „en er� ___ _ ine of Harrison Street by raising, gra�_ing anc firing same and pis a is cc r.c� ,fie curbq ant rrut e paving with one and one half inch Stet Asphalt ( �illAeon Four inch �spha�ltie onerete iount.a on; anc_ 'ionEra��fpr ing an.e: construe An o sued improvements was let to Plains Pav- ing Company; ant the Engineer files, with the City roll or state- ment showing description of the various parcels of abutting prop- erty, the amounts to be astossed against each parcel of property and showing other matters and things; anc: such roll or statement was examined ana approved_; and after Gue ant proper notice , hearing was held and has'.; ana by resolution passed on the day of , 192 , all protests and_ objections were overruled and Ee said hearing closed, and. '6,-HERE.�LS all other matters and things necess- ary ant prerequisite hereto have been Gone and performed.; and the Bc"2L of Alcermen being of the opinion_ that the apportionment of the costs hereinbelow mace 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 ac- cordance with law and the proceedings of the City, and that the amount hereinbelow shown and. assesses'_ against such parcels of property c_o not in any case exceed the benefits to such property in the enhanced value thereof by means of such improvements, any_ that the aspessments so shown and mace do not exceec the proportions of costs properly charge- able to such property under the law and charter in force in this City: THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF W ICHIT! FALLS? TEXAS, THAT: There shall be anc is hereby levied and ass- esses' against each parcel of property hereinbelow mentioned ant against the owners thereof the sums of money Velow mentioned and itemizes_ and the total amount set opposite the description of each parcel of prop- erty; the description of such property, the several amounts assesses'_ against same, together with the total amount assessed, and the names of the owners of such property so far as known, being as follows: NZAMiE LOT BLOCK FRONTAGE �+� TOTAL Air"TUNT J A Thomas 9 1 100 $687.12 Curb 100 50.00 0737.12 T F Costello 8 1 100 687.12 Curb 100 50.00 737.12 Edd E Focken 1 2 106 728.34 Curb 106 53.00 781.35 J L C Gold 14 2 106 728.34 Curb 106 53.00 781.35 Q Of 4 1 II. several sums above mentioned asseseSdective- The T and the owners thereof , steels of pro the the rate of eight (S ) Po against said p is gees and costs ��- together with togethertwithrreasonabldeclared.eto be and made a ct1t per annum, g are hereby a ainst which the of collection, if incurred, g L lien upon the respective p arCels °f property t and charge ,gains t the same are assessed and a personal liability ro trey, whether such oti�rners be nam- b� aid constitute a real and true owners of such p P ` on which the ass- an the said lieria �' '���°Property there- et STA a 0 against the P p paramount lien first and there- enforceable claim a� except state , county Gsment is levied, and shall be the first and P � a able as e b P Y on, superior to all other theesumsnsocassessed shall aria municipal taxes ; follows, to-wit: respec- In six equal annual installmenfo due five day , two , three, the Cityof tively on or before thirty s one, Lance by tom „hall bear interest rate completion and ace years after the date Of the sums assessed aid at said improvements, acceptance and until P and provided. date of such completion and with each installmeyinstal ' t of prin- above provided, payable annuallya ment of any on which that if default be made in the e pa; ole of the assessmeeAingpCompany cipal or interest when dues option of the plains together default is made shall, payable , be and becomeestandc due of collection, if incur--. or its assigns, ro trey sh�.11 VIth reasonable attorney s 11 of the said installments estbaccrued of sue P red; and provided art art oraa the ownersi al and in have the right to P Y a ent of Prins p maturity at any time , by P to date of payment. III, be in any _ Of 4�ichita Falls shall not any abut - The City sums assessed againstd. manner liable for the payment of any t or any owner, but the said Plains payment of the sums ting proper y to such owners for P Ym its assigns shall look solely lection of said liens of �'+ichita Falls shalolexercise all of its assessed; but the City the enforcement and c be made in lawful powers to aid 'in s• and if default shall and sums and personal liabilit1 collection thereof shall be enforced a of said sums, assessor of the payment of any erty by the tax collector Provided e;_ther by sale of the prop. r possible in or, °f Wichita Falls, as near as P ent of ad-valorem taxes, the City for the non-Pa or its assigns, the payment for the sale of property Company, be enforced in any at the option of Plains Paving sums and said liens and liabilities shall Of saidJurisdiction. court having IV. several sums ass- For the purpose of evidencing and the Owners thereof , parcels of abutting PrOP�rty essed against said P s of payment, and to aid in thethef City lof�'�JichiV- and the time and term be issued by tanee of the Mork which certificate' thereof,. assignable certificates shall and attested on the con nletion Mayor in to name of the City Falls up tua the Traythe aT ab' shall be exeClerk with the core orate seal, and shall be p J b the City or its assigns, and shall declare the said Y Corapany, � si and the rate of interest and the Plains Paving amounts, time and terms of payment mate of completion c rm 9 (3 of 4) r?C acceptance of the improvcmer_ts, shall ccr.tai-_ the 1-Lame of tlje rcr of prcport-r accurately as possible, silall cc ,t' c_es- cription of the Nic.. :rty by lot anc, block riiambor or front foot t'. ol. , or such other t e` G]'ipt] C11 as may other:yl."e isonti-Cy same ; if the property shall be cv!I'loc: b+r an estate, then the C_escriAic1-1 thereof as so o ;nGc. shall be uu i.cic-at, or, if the napo of the c';1'_cr be unknown, than tc so state the fact shall be sufficient arc:_ c er rcr or mistake ill C.oscribiiV. any prcpel ty, cr in e ivinC, the name of any owner, stall invaliC.atc or in any viise irIpair an-r certificato or al.iy a.ssessmon.t levies_ by this ors,irancc. Ij Said certificate shall provis_e substantially that if the same shall not be pair_ promptly upon maturity, then they shall be collectible with rcascnablo attorloy' o fees anal costs pf collection, if ineurreC_, anc'_ shall also pravic.e st bsta_-1-tiall r that the rmounis eviC_e.nced thereby may be paiC: tc the Collector cf Taxes of the City of 'Vi.chit^ Fall-, T'.1x— , rncc shall icsije his rocoi-ot therefor , t•rf l`Gh ipt shall be eviCence ci such payment upon_ a�a-,r e11anC for sai.lc ; nC. the Collector of Taxes shall c eoc,-:it the sums so leccivec, by hil", forthwith with the City Treasurer to be kept anc' helc. by hit: i � la sooarate funs. hereby c_esignated as " avenue F Special Certificate F ur_c. No. ; anc vr'ieil a�z;r " nien ��i I�c�ri �.cc pwy the Tax Collector upon such certilicryte, he shall upon preentaticr... to him of the certificate by the cortra.ctcr or other iclC er thereof, ens'orse said payment thereon.; arc. the ccr.cr :.ctor or hcic or of such certificate shall be entitled to receive from the City Iroasurer the amount paic, upon presenting to llim such certificate sc ei C_orscc. anCI creditec. by the holder with the amount paiC.; anc. such cnc rrsement an;:1 credit shall be the Treasurer' s warrant for makinE; such payment. Payments by the Treasurer shall also be rec5iptecC_ for bar the holc_er of such certificate in :,siting, anc- by the surrenc. -t.er erecf when the principal, tcgeth,:�r ith accrues. interest and all costs of ccller, '.,'.rn an,". reasonable attorney' s fees, if incurreC have been pair' in Said certificates shall further recite substantially that all prcbeedin s with roforer_ce to makirZ such improvements hL'3vo boo,,. regularly had in compliaj.ce with lai°:r :, anc' that all pre ecj-uij ites to the fixing cf tho assessment lien abainst the prcporty C_cribeC. in such certificates and the personal liability of the eviner have been regularly C_cne ar_d perfcrmod, and such recitals shall be p-rim.2, facie ovi.c_once of the facts sc recites_ and ne further proof �hercof shall be required in any court. Saic_ certificates may have coupons attaches_ therote in evi- C dace of each or all of the several installments thereof, or m° - have coupons for each of the first, live installments, leavinIL the r::�in ccr- ti:-icate tc serve for the sixth installmentl T�dhich coupons shall be payable either to Plains Paving Company or its assigns o_ to Pi-ins Paving Company or bearer; ar_c. such coupons may be sib nIc. ei thor ti ith the original or with the lac-simile signatures of the Maycr a�_c Cit Clerk. SaicC_ certificates shall further recite that the City of Wichita Falls shall exercise all of its lawful powers i.-hen reguestec_ to Co so by the holC_er thereof to aid in the collecticn, -ci•.oreof, a,nC_ may contain recitals substantially in accerC_anco with the above a. s other aC_c.iti.onal recitals pertinent cr Lppropriate thoretc , anc_ it shall not be necessary that the recitals be in exact form set forth, but the substance thereof shall suffice. Form 9 (4 of 4) FULL power and levy re-assessments in any case, and to correct mistakes, errors, invalidities or irregular- ities, either in assessments or certificates issued in evidence thereof, is in accordance with law, vested in the City. The fact that the improvements herein mentioned are being delayed pending the taking effect of this ordinance, and that the condition of said portion of street endangers the public health and safety, constitutes and creates an urgent public nec- essity requiring ti. t the rules providing that ordinances be read at more than one meeting and for more than one time be suspender ; and requiring that this ordinance be passed and take effect as an emergency measure, and such rules are accordingly suspended and this ordinance is passed as an emergency measure, and shall be in force and in effect immediately from and after its passage. PASSED AND APPROVED this _ day of 192 . ATTEST: Mayor City ClerFc