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Ord 673 12/7/1925 p o rm t9 c ?,'!�T OF ORDTNIZICE LE"Ni-!, G kS,;ES3_,VT1,NT Fr)". THE CCST OF I.11?11OVING A 20_kTION CF or STIRF_1�1,`, 117 TH-3 CITYCYT A CHARGE OF WICHITA N�TF.b ,=A T , B U 2p Y A AND LIEN �.G;.,IN'11' h. ' 01 'IRT i4 D THE OWNERS TITER'i U, PEOVIDING -�TOR THE C OL LECTIOE OF SUCH iSSE381,2,11TTS , AND FOR THE MS, JSSIJ,�JT -1 G � V AND M OF ASS -.N1_'B,r,7, ' �q,2 T 1 F ICJ A, VECILARING AN E,1&,'RGENCy- Whereas , the Board of Aldermen has heretofore by resolution passed on the liti-aay Of -August 192t,—, ordored the improvemont of aylor -Street in said City fromits inter- section with the North Curb - line of To—its int7er­sctTo_nxith the -yeriue North Curb - ine of _venue a by raising, grading Lnd f ill ing same and ins tall ing, c and -D,,Lving -v,,ith_ rstzl - and contract for the Liahing and construction of such i,_IproveniuL was let to L..,'.,,ihitham & Co . . and the Eng- ineer file-1 with the City roll or ST771-vi—ng descriptions of the various parcels of abutting property, the amounts to be assessed against ea ch parcal of property and. shoi.,;ing other Im- tters and things; and such roll or statement 51,Yas exaLJ_ned a.nd approved ; and after duo and proper notice , hearing was held and hcd ; and by resolution passed on the day of 192 all Protests and objections made were overruled -,nT the saif he,,'.ring closed ; and `N q-ry HEREAS, ,yi othrT � tf;pvri ct-nd things n000-0, and ire- requisite hereto hr-lre been done and, porforr!'(-d ; and the Board Of Aldermen being Of the opinion that the np,)02-tion-.-Ient of the 0"Nq-ts hereinbelow made and set forth is in substantial Proportion to the benefits to the respeol-jive parcels of abutting property in the enhanced value thereof by means of such improvements , and is and that in accordance with the law and a proceed "r-E'S of The City, of the ariounts hereinbelow shown and asFg, suer, csed against u h parcels property do not in any case exceed the benefits to such 'property in the enhanced value thereof by means of such improvements, and th.,--,t the assessments so shown and made do not exceed the pl-0- protions of costs properly chargeable 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 VUICHITA FAILS, TEXAR, THAT: I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentJoned and against the owners thereof the sums of money below --lenVioned and ite-mized and the total amount set opposite the descrip-sion of each parcel of property; the several amounts assessed again-3t same , together j,7i-1'Gh the total amount assessed , rnd the names of the owners of such property so far as known being as fol101hTs : - Ii. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon a,t the rate of eight per cent per annum to- gether with reasonable attorneys fees and costs of collections, incurred, are hereby declared to be and riade a lien upon the res- 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, i,-Whether such owners be named herein or not, and the slid lien shall be and constitute a first enforcealbe claim against the property on ,-vlaich assessment is levied, and shall be the first and paramount lien thereon, superior to all other liens and clai,-is except state, county, and municipal taxes, n,nd the sums so assessed sl-all be p,,oT&ble as follows to wit : J In six Bakal x installnients (annual) , due respectively on or beY5_rj� m ;„I n t 10 n 0 na -02J.r f 1 v e 1 " 7he 1 Years after the date of completion I- etion �r cceptance said improvements, ,ind the sums assessed shall bear interest date of such completion f.nd 1cceptanoe at the rate provided , P!,,T annually with each installriaeilt, and provided that if defntllt made in the payment of arY 7- _f_nci-P,-.1 or interest ,0ion due, t", -Form # 9---2age 2 . whole of the assessment u�don which default is made shall, at the option of L.E.,ih L t a or its assigns, be and become at once dua an pa4,(able Loge ch x with reasonable &t,t;)rAsy's fees and costs of col? cotion if incurred , and pr°vided further that the owners of such grope-ty shall have the rigbt to pay any or all of the said installements before maturity at any time, by payment of prii1cipal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L.E.4hitham and its assigns shall look solely , t7—suoh owners for payment of the sums assessed ; but the City of Wichita Falls shall exercise 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 tag assessor and collector of the City of sjiohita 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• . 1hLtham Co . , or its assigns, the payment of said sums and sa d liens and lic.D ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums -assessed against said parcels of abutting prop rty and the ownar-s thereof, and the time and terms of payment, and to -aid gin the enfo-ra-44m01 * thereof, a9signa.ble certificates shall be issued by the City of Wichita Falls upon the completion gnd c_,cceptance 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 cor0poration seal? and shall be payable to L. «:.,lhi 11 °r its assigns, and shall ec are the said amoun s, ime and terms of payment, and the rate of interest, and the date of completion and acceptance of the improvements, shall contain the name of the owner of the property as accurately a.s possible, shall contain a description of the property by lot and block number or front feet thereof, or such other description 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, then to so state shall 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 eertific4te or any assessment levied by this ordinance , 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 Wichita Falls, Texas, who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand for same ; and the collector cf taxes shall deposit the sums so received by him forthwith with the City Treasurer to be kept and held by him in s spearate fund hereby designated as Taylor 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 shall be the Treasurer's w4rrant for making such payment. Payments by the Treasurer shall also be rece ipted for by the holder of such certificates in writ- ing, and by surrender thereof when ch.e principals together with aceried interest and all costs of collection and reasonable attorney's fees, if ineurved, have been paid in full. Said certificates stall furthcr recite substantially that all proceedings with reference to making sueh ' improvements have been regularly had in compliance J'A th tno law, and that all pre- requisites to the fixing of the assessment lien against the pr"cr- erty described in such certificates and the personal liabilitT the owner have been regularly done ar_d performed, and sul-h roc als shall be prima faoio evidcrre of tho -ia. "­ se Mcc l r Page 3 ---- Porm J t and no farther proof thereof aholl bit in any court. Said certificates may have c pons attaehoa theroK c in evidence of each or all cf the several installments thercctr or may have coupojo for each of the firs ! six install- ments ; which coupons shall be pgyabio eit-.�7j'r t7 AbIM or its assigns , or tJ ��. �• rhuh Q� O. _ or bearer; and such coupons may be RJR either with the original or with the facsimile signature of the My and City Clerk. V. Full power to make and 1eNy re-asaessmenLs in any case and to correct mistakes , errors . inva'iJ_i les . or irregularities,; either in assessments or certificates Ac ued in evidence thereof, is in accordance with law , vested in the City. VI. The fact that the improvements herein mentioned are being delayed pending the effect of this ordinance , and that the condition of said_ portion of street endangers the publics health and safety, constitutes and creates an urgent public necessity requiring that the ruj s poovi.ding that ordinances be read at ' more than one me,003 anal for more than one time be suspended, and requiring that this ordinan o be passed and take effect as an emergency measure , and suoh ivies are accoza ingly suspended, U;nd this ordinance is passed as an emergency measure , and shall be in force and effect immediately f.rcm and after its passage. Passed and approved this _ ,__day of lArAn,ra 1?,2, __ (signed) A. U. Shenherd. r+i: (,,i y of `1chiya palls.,. Attest ! - (signed) KcBroan .__�_ City Clerk;.