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Ord 669 12/7/1925 Foam 779 . ORDIN2.NCE LEVYTTG ASSESSIJTENT F0� !�i,RT OF THE COST OF I'.P!' OVIIIG A 2ORTIO T OF ^, m STREET ITT THE CITY S `'�-,EXA", r��' rTJ " CHI�RGE ©�i'„IICHI P11 FAL... , .AND LIEN GAINS T ": -BU��T IN". i'R.OP h, T�'Y ATM THE OWNERS THflERFGF, PROVIT)- G r OH THE COL' LECTION OF SUCH ASSESST NTS , ArTD FOR ThE ISSUal-ME OF ASSIGNABLE CSRTIFIC_,,TFS, AND DECLl'iRING AN EMERGENCY. Whoreas , the Board of Aldermen has heretofore by resolution passed on the 7thd,ay of Sept 1S2 5 , crdored the improveziont of—_-Seventeenth Street in said City from its inter- section with the ;Jest ?-ronert line of u i t Scree ; o its intersection with the H r �e line of Holliday _ Street, by raising, grading 7nd filling lama Ord installing concrete _ •overlent curbs and gutters and pr,ailig withP ogle > > te_/ and contract for the i2llhint and construction of such i_2provemen s was let to T-,. E. ,rhithem n, Co . and the Eng- ineer file with the City r511 or s t ,ten. ent showing descriptions of the various parcels of abutting property, the amounts to be assessed against each parcel of property and showing other :natters and things; and such roll or staterient v,,fts examined and approved ; and after duo and proper notice, hearing was held and had ; and by resolution passed on the :Oth day of 14ov. 192___�__, `11 protests and objections m,ide were overruled and the sl id hef�.riiig closed. ; and WHEREAS, all etirid thingo ind requisite hereto have been done and pE�r-forr:,nd ; and the Bo gird of Aldermen being of the opinion that the of the e . b, 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 : �corda,noe with the law and proceedings of the City, and th�-:t the amounts hereinbelow shown and assessed Tg_ last such parcels of property do not in any case exceed -vhe bens "its 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 s,_-.oh property under the law and charter in force in this City ; THEREFORE BE IT ORDAINED BY THL BOARD OF ALDERItEN OF THE CITY OF ICHIT-A FriILS, TFX, , TH. T: I. There shuee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of rioney below mentioned 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, -,nd the names of the Owners of such property so far as Down being P.s follows : II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight per cent per antrum to- gether with reasonable attorney 's fees and costs of collections, if incurred, are hereby declared to be and made a lien upon the res- pective?parcels of property against which the same are assessed i4nd 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 coils` i`;,a.te a first enforcea.lbe claim against the property on which is levied, and shall be the first and paramount lien thoroon, superior to all other liens and claims except state , coi:-lty, ,;nd municipal tp.xes, and the sums so assessed shill be p,.. r 'c %s follows to wit : In 'ix ec':a install^ients (annual) , due respectively on—or -before the dam.,g o��_Qm leti il. �: ur ,-ive years after the dote of cor c;� on Ind < ec-eptfnce a Ci y c said improve,_.ents, and the s=:- asse.�c �cd- shall bear interest :F .cm,, date of such completion ^r_d ccept.ar:ce s,- the rate provided , p- 7, annually with each install.iei-jt, and ,prov e-ea that if default be made in the payment of Eery r_° -4Y,c.ip7.J_ 0w interest when clue, t,, Form J 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. ;. or its assigns , �,T itha be and become at once due and payab o together with reasonable attorney's fees and costs of collection if incurred, and provided further that the owners of such property shall have the rigrt to pay any or all of the said installemen.ts before maturity at any time, by payment of principal and interest accrued to the date of payment. TII. 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 1/. 'A and its assigns shall look solely to suo owners for payment of the sums assessed ; but the City of wiehita, 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 tax assessor and collector of the City of 'Jichita 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. E. Jlh l tham & Co or its assigns, the payment of said sums and said liens and liybil- 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 payment, and to aid in the enforoemel't thereof, assignable certificates shall be issued by the City' of Riehita Falls upon the completion and :acceptance 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 corporation seal, and shall be payable to L. 9hitham or its assigns, and shall declare the said amoun s, time 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 as possible, shall contain a description of the pro-Qerty 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 Os 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 invl-.lidate or in any wise impair any certificate or any assessment levied by this ordinance , Said certificates shall provide substantially that if sane 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 rece'&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 spearate fund hereby designated as 3event eenth Street Special Certificate Fund No. 1 ; and when any amount shall be made to the tax collector upETn 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 warrant for making such payment, Payments by the Treasurer shell also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when the nx•incipal, together with accrued interest and all costs of cull.ection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall furthcs;r i ec ite substantially that all proceedings with refer. enoe to such ' improvements have been regularly had in compliance ,ith the law, and that all pre- requisites to the fixing of the assessment lien against the prcp-- erty described in such certificates and the persona]. liability Of the owner have been regularly done and performed, and such els shallo o a„ be prima far At, e;;-i�,:.�, � t� ter. f o rE. Page 3 Form9. �r ana no farther proof thereof a c Oil?"vi Sated certifi atta-h2a 4 he r e*o thc- reOt , in evidence of each or ail c �-' V or i-yiay have coupons for each of the firs- U' six install- ments ; which coupons shall be pqiyable either to 7, or its assigns , or to—T'.4..'irith'sm or bearer; alio sach coupons may ae si either—with the original or v4ith the facsimile signature of the May and City Clerk. TT Full power to make aLd "Le,*vy re-assessments in any case and to correct mistakes , errors, inVaji',IJU 'Z-I-eS OX irregularities ; either in assessments Or Certificates issued in evidence thereofo is in accordance with law , vested in the City. VI. The fact that tha the improvements herein mentioned are being delayed -pending the effect of this ordinance , and that the L he&i],th condition of sae portion of street endangers the p1Y0IJ C �I-t y and safety, constitutes and creates an ur,-,,eJ--t public riecessi requiring that -the rules --o�:o7iding the-,,t o:cdiran(;os be read at. , more than one meeting�L end for more than one time be S-O.r,--endea and requiring that this ordinance be pa3, L ,3ed ancd taEc,� effect as an ed emergency measure , and such r- rii' ps are -,7 S laspeandnd shall and this ordinance is passpd as an ere�,R",�(1k.-'V MaSu ' P :� be in force and effect im-mediatclY aa-er its passage . ay of__LL-Ve���192 Passed and approved this Zxot'-d- i--re d -111.E.6b e-()he rd Oizy o Attesti - (6igned ) 4- T-TcBroom City Clerk., WHEREAS, contract in writing between City of Wichita Falls and L. E. Jhithem & Co . , for the improvement of the following street in said City to Wit: seventeenth Street from the Jest Property Line Burnett Street to the East Property sine of Holliday Street 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 L• `%. 7Jhitham Co -, for the making and construction of the impp-ovement provided for in the said contracts, has after due advertisement and notice, been made and upon opening of the said Bids, said contract was awarded to the said Company, and WHEREAS, it is deemed necessary to set aside and provide for the payment of all that portion of the cost required in the gaid contract to be paid by the City of Wichita Falls : TH-E'REFORE, be it resolved by the Board of Aldermen of -rhH o i'ty of Wich.itR Falls, that there be and is hereby set aside and appropriated out of the funds available• for that purpose, the sum of to pay and defray all that portion of the oost of improver said portion of veventeenth :street from the d'est 1-rooerty Line of Burnett �',reet to tre east Property Tine of Holliday Street. 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 hcNeby approved and adopted , and the Mayor is hereby authorized to Pxec rite and sign the said contract, in the name of the City. That this resolution shall take effect from and after its passage. Approved and vassed thi, �3Cth day of lvov. 192 5 ( Sigj.ed) R.E.Shepherd Mayor. Attest : �. ( a iE;Ied .�.�.1«eBroom. ____ City UlerK. Fo m #11 RESOLUTION IMEAS, contracts in viriting between L. J�iitham R Company and the City of Wichita Falls, for per- forming of all work of excavation in connectcn with the improve- ment of Seventeenth Street from the :let Property Line of Burnett Street to the Last Property Tine of Holliday )treet. .for the prices named therein aria upon the terms therein set forth binding the City of Wichita Falls to do and perform all work of excavation upon the said street , as is provided in the contract, being one contract for said: street , are thi8 day'presented to the Boa.r.a off' Aldermen for adoption and approval, and., WIMPEAS , it is deemed advisable to enter into said con- tract 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 kall.s: I. That the City of Wichita Falls do enter into contract-s with Ti. ;dhitham 311 Co . b-nd,- ing the City to do and perform all the work of excavation shown in sad contract, and on said street , at and for the prices and for the terms therein stipulated and set for-ch. lI. That the said contract is hereby approved and adopted end. the Idayor is h�eveby authorized and 142rected to execute and sign the said contract in the name of the Ci`:'yt III, That this resolution shall take effect fr�_,m and after its passage. Passed and approved this 30th day of Nov A.D.192� E. Sheoherd. MA YOR ATTEST: (S i giie d) 4. u. Mc.Bro om CITY CLERK.