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Ord 675 12/28/1925 1 s P # Fora 0RDII11'',.NCE LEVYIITG _,1aSESSi T1T FOE PART OF THE COST OF I:,2r,,0VIKG A 2ORT1011 OF lij= IN 3L0 0r-- 194 5MM= IN THE c 1W OF'r'41CHI A FALLS TaKAS, `TG l: C".1I'CiE ADD LIEN liGr�IN T r�BU T1�';x 1R^�'{' I'Y A 1D THE OWNERS THERFGF, PROtiIDING �'OR THE COL - LEMON ION OF SUCH AS SESSYEENTS , Ai1L FOR THE ISSUiNCE OF ASSIGNABLE AND DECTa",RING AN E14FRGENCY. Whoreas , the Board of Aldermen has heretofore by resolution passed on the 10th day of Aupzust 192 _5_, ,rdored the improvement of� Block 1 tit in said City from its inter- section with the South rro ert 1Qtline of nt h street o its intersection with the North raper y line of! llth Street, by raising, gr�iding = filling same and Listalling_ concrete curbs ,and Batters and p ,ving with n ete and contract for the maLin�; and c onstru.e t iion of such i Apr over�en s was let to L• - "niithair and Company and the Eng- ineer file-T with the City roll or statement showing descriptions of the various parcels of abutting property. the amounts to be psessed against each parcel of property and showing other matters and things; and such roll or st ate,2ent was examined and approved ; and after duo ^nd proper notice, hearing tans held and had ; and by resolution passed on the 28th day of December 192 all Protests and objections aide were overruled and the sa hearing closed ; and WHEREAS, all. ut .r mf.ittprs and things rnR< ___nry ind. pre- requisite hereto have been done and perforrnFd ; and the Board of Aldermen being of the opinion that the ­pporti.onraent of tho cost, hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehhanoed value thereof by means of such improvements and is in accordance with the law and proceedir_gs of the City, and that the .amounts hereinbelow shown and assessed �.n:Iinst such parcels of property do not in any case exceed the benefits to such property in the enhanced value thereof by means of siioh 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 ORD i�IT?ED BY THII E O Tki3D OF ALDERI N OF THE CITY OF 'v7ICHITA FALLS, T'E"Yia, I . There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of money below :dent-,ioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts assessed against same , together with the total ,amount assessed, rnd the names of the owners of such property so far as known being ns follows : - II. The several sums above :gentioned .assessed against said Parcels of property and the owners thereof, respectively, together with interest thereon ,.t the rate of eight per cent per annu.m to- gether with reasonable attorney 's fees and costs of collections, i;' incurred, are hereby declared to be and made a lien upcn the res- pectiveDpareels of property against which -the same are assessed 4nd a personal liability and charge against the real and true owners of such property, whether such ctyvners be named herein or not, and the said lien shall be qnd coi-si ,ute a first enforcealbe claim against the property on -jh ch ;.'-so,sMent is levied , and shall be the first and par•ai-ount lion th,3r2on, superior to all other liens and cla.i;ss except st!:,to , municipal tpxes , and the sums so assessed s d11 be p;iv­�-,blo %s follows to wit : a In six � �'�"'� 1 instllnients (annual) , due respectively on or beforo the date_ of coiUmletion�orle two t_ he.f llr fivE years after the date of cr 'ltion �,rld cce�y �ie Ci of said improve:.onts, Ord the su:,Is assessod shall bear interest --C- date of such cor.pletion ^nd -_Icceptar_e ,at- the rate provided , p!Tyr,.-' ,:. annually with each installriieiit, and provided that if default be made in the payment c�ff ary _x- frcip^7_ or ir..te.reet ,7ihon due, t"i • - Form 4 9---Page 2 . whole of the assessment upon which default is Taide shall, a.t the option of i. .ihith&m €aild C0m,0an or =_`es assigns , be and become at once dua anal na?ar T ;� "l er with reason- le attorney's fees and costs of j_f ircurled , anad provided further that the owners of such shall have the Tight to pay any or all of the sai-d instali before maturity at any time , by payment of priiicip`11 and .interest accrued to the date of payment. II. The City of Wichita Falls shill not be in any manner liable for the payment of ,any sums assessed against any &butting property or any owner, but the said L. 1hitham and Comnanv and its assigns shall 'look solely to sia4"F_'ocvners for payment of the sums assessed ; but the City of Tpiciij.ta Falls shall exeroise 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 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 ',Vichita Falls, as near as possible in the manner provided for sale of property for the non--payment of ad-valorem. taxes, or at the option of the said L. vhitham and Company 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 av?nexs thereof, and the time and terms of payment, and •vo a.id i.n -the enfora13111011* thereof, assignable certificates shall cO issued by the City of Wichita Falls upon the completion F,nd ,,,cceptanee of the work which certificates shall be executed by the Ma,yor in the name of the City and attested by the City Clerk with the corporation seal, or and shall be payable to L. Jrhithan its assigns, and shall ec axe the seed amounts, ime an-terms of payment, and the rate of interest, and. the date of aomple+ion and acceptance of the improvements, shall contain the name of the owner of the property as accurately &s possible, shall contain a, description of the property bY lot and block number or front feet thereof, or such other descrip'�ion as may otherwise identify same ; and if the property shall be owned by an estate , then the description thereof 6s so Owned shall be sufficient, or if the mae of the owner be unknown, th ,n to so state snail be sufficient, and no error or mistake in describing any property or in giving the name of owner, shall invalidate or in any wise impair any certificate or any assessment levied by this ordinanoe . Said certificates shall provide substantially that- if same shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costs of collect- 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 balls, Texas, who shall issue his recett?�pt 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 spe^rate fund hereby dos;L,,lated as alley in 7lock 194 S SFec JaI C e r t if. ica,te Fund No and when any amount s ha A.l b e made t o �'rrle 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, azid the contractor or holder of such certificate shall be en`izled 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 shall be the Treasurer's warrant for making such p,jyr_.ent• Eaynerts by the Treasurer shall also be receipted for by ;;k�e holder Of suc'n certificates in writ- ing, and by surrender iiPieD t`a: principal, together with accrued interest axed all =;sts of ^o'lcctior_ and reasonable a,ttorney's fees . if inc�u ~ cE d , have beef- paid in full. 1 fur -hor rec;_te substantially that Said certifies t.es >>­'-all all p roceedings with r•efe_-ea�ce to m�.�ing such " improvemments have been regularly had i.n compliance r!it-h tre law, and that a'_a_ requisites to the fixing of the assessment lien against tLe c . 1) erty described in such certificates and the personal lia'>;_l :i `,` the owner have been regularly done and perfor-and , L:�.c s zcl r:_: als shall be prima Page 3 --- Form #9. ana no farther proof thereof in any co-art, sa-�-,d --ei-Ibif ioates, -,,aray ha-e ors atta.-hed tjhor;�Ilo in evidence of each or all of 1-1he several nstallmants thereof, or may have col)pods for each ol" the firs six inotall- ments ; which coupons shall be -Dgyable and Com-oany or its cassigns , or to. Company or bearer; and such coupons may be signe . either with the original or with the facsimile signature of the May and City Clerk. V. Full Dower to make P.nd levy rp-assessments in any case and to corredi mistakes ., errcrs, inva"-id-, ori.r-"e,-)ula r4_ties; either in -assessments or certificates in evidence thereof, is in accordance with law, vested in the City. VI. The fact that she irnzovements herein mentioned are being delayed pending t-he effect of this orO.inance , and th,?,-'U-- the condition of said. -portion of street endangers the public health and safety, constitutes anc! creates an urgent public necessity requiring that the rules -o:�-oviding thp,-u'- ordinances be read at * more than one meeting -nd.- :fcr more than ono time be suspended, and requiring that this or,"" inance be passed and take effect as an emergency measure , and su--h are rq.cccJ.-d-ingly suspended, end this ordinance is passcGL as an e me r g enC7,7 measure , and shall be in force and cffect imrrodiately from and after its passage. Passed and approved this 28th day of (6iamed ) R. Sherherd ty of wifihila Falls. Attest: - (Si gned ) I. 1"cBroom City Clerk.