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Ord 660 11/25/1925 F 0 ;;9 ORDINt�NCE LEVY II`G ASSESSMENT F01 Pt�RT OF THE COST OF I."2ROVING A tRFET '1 OF a- ,r FT4 .LZt`' S' R�F T �T? T� 1 t,__ OF 'u/?ICHITA FAL 7�,TE`?AS, 1 .ii 7 1! CIi«RGE ABD LIEN 1' GnINS i' ABUTTING' i ROP�,RTY AND THE OVINERS TH`ERFGF, PROV"IDI\?G FOR THE COL LECT ION OF SUCH AS SESSi/'ENTS, AND FOR THE ISSUANCE OF ASSI.GNABIZ CERT FT0.,1TES, AITD DECLARING AN E11JERGENCY. Whereas , the Board of Aldermen has heretofore by resolution passed on the 24t?4ny of , 1 »fit 192 R , ordered the "'� itft_jrJ.t64L_ improvement of :yid e,aalk _ on Hollidayt _ � � b Thirteenth Street by rising, gr-iding :_end filli.n sama and i��stalling c� ,n�rP+� ---ent garbs and g_utter,� and D�Xing ti�Yith e, and contract for the :aa LinLD ,._end c cnstrke t non o f such i:,1pr ove:�e was let to r �Q and the Eng- ineer file with the C i a,y r 11 or s t -Itonment sho wing descriptions of the various parcels of ,.butting property, the amounts to be assessed against e���ch pi�rcel of property and shoving other matters and things; and such roll or statement j,ras examined and approved ; and after duo and proper notice, hearing va.s held and had ,, and by resolution passed on the day of Tov 192 ti' all Protests and objections ma e were `overruledn�the sa d h� . .ring closed ; and WHEREAS, all other matters and things neoessary and pre- requisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the >vpportion-lent o1 t}lo hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of Rbutting property in the ehhanoed value thereof by means of such improvements , and is in a.ecordanae with the law and proceedir_gs of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do not in any case exceed -thy; benefits to such property in the enhanced value thereof by Means 02, s .c.h improvements, and that the assessments so shown and made do not; exceed the pro- protions of costs properly chargeable to roperty under the law and charter in force in this City ; THEREFORE BE IT ORD II?ED BY TIi.L _5`.0AD OF ALDERMEN OF THE CITY OF `I/ICHITA F.LLLS, 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 honey below men�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 , and the names of the owners of such property so far as known being ns follows : II. The several sxns above mentioned assessed against said Parcels of property and the owners thereof, respectively, together with interest thereon Mt the rate of eight per cent per annum 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- pectivepparcels 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 -_wnors be m-ed herein or not, and the said lien shall be and col-,sti"ute a first enforcealbe claim against the property on .which ,isso;ssment is levied , and shall be the first ana par i-ount lien th:,,ro on, superior to all other liens and cla sus except st�,Ae, r )11- tY, and municipal taxes, and the sums so assessed sh-dIl be follows to wit : In six install:°cents (annual) , due respectively on or before the date of com-r)letion,one two .tr�r�,f;L;r ,f ve Years after the date of co ; ration�xid�,rccept rnce�y'�1e City u-T said i iproveTients, -.rd the sans asssossed shall bear interest fl�or_- date of such completion ^,nd icceptaroe at the rate provided , ,annually with each install",en±, and provided that if default Iie nade in the payment of ary a,, 4. Cip-1-. or irte.-e:t alien 'Jue, ul- .Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option tion of L. , r its assigns, P ,,, .,'Y:' th�m �� CoCof be and become at once due and payable together witwith reasonable attorney's fees and costs of cola;Gcticrl if irourred, and provided further that the owners of such grope-ty 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 any manner liable for the payment of any sums assessed against any abutting property or any owner, but the saidL. . ihj and its assigns shall look solely to such owners payment of the suns assessed ; but the City of �7iehi.ta 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 wiehita 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. 4hitham & Co. or its assigns, the payment of said sums and sad 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 ovnners thereof, and the time and terms of payment, and to aid in -the enforo.men* thereof, s.ssignable certificates shall be issued by the City' of Wichita Falls upon the completion and ;acceptance of the work which certificates shall be executed by the 14ayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L.L. .v"r_itham & Co. ' or its assigns, and shall ec are the said amounts, 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 property by lot and block number or front feet thereof, or such other description as may otherwise ' identify some ; and if the property shall be owned by an estate, then the description thereof gs 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 eertifiogte 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 attorneyts 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 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 Sidewalk on Tolliday Street Special Certificate Fund No. 1 ; and wen any amount shall be made to the tax co lector 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 shell be the Treasurer's w4rrant 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 16be principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incur_:-cd , have been paid in full. Said certificates ,;!.all fvrthc;r recite substantially that all proceedings with refoY•_-nce to slaking such ' improvements have been regularly had in compliance "jith the law, and that all pre- requisites to the fixing of the assessment lien against the prcr- erty described in such certificates and the personal liability the owner have been regularly done and performed, and such r ;.�. $Is shall be prima facie evidence of th3 fa-c sc r. c-c i t Page 3 - -- Form r9. and no further proof thereof ahiall b, in an 7r cov7t, Sa-td certificates nj,,ty hai,e atta--hj5. -I-Ihe r ec in evidence of each or all of several tnereoffl or may have co-upodG:) for each of the firs ' six Lnst-all- ments, ; which coupons shall be p�,�yable either to ; therm X� -C-o. or its assigns , or toCo . . _ ---7r bearer; and such coupons may be s!TY;,7eI either with the original or viit-h the fac;z-imile signature of the May and City Clerk. V. Full no-vjer to make clad 'Levy in any case and to corred! mistakes , ei-rors OX lr--egularities; either in assessments or cec-`-i-cates i in evidence 4-hereof, is in accordance with law, vested in i-1he ;its. VT .L. The fact that the ir,.,rovements herein mentioned are being delayed rend in,,,, the e' fe',t of this or,3-inance , and that the condition of said. port won nf s-I -reet endangers the public health and safety, cons 'tittu-c-, s and creates an urgent public necessity requiring that the rules -01,0VIding th t ordinances be read at ' more than one meeting ?nd for more than one time be suspended, 'Ind requiring that this ordinance be passed and take effect as an emergency measure , and SI,"-,h Pules are acco2d-ingly suspended, 19nd this ordinance is passed as an emergency measure . and shall be in force and effect- immediately from and a-.L"Ue4- its passage. Passed and approved this jj of 1?,2 azz �herherd Attest : - giie d d. L,,'.I.r-c.T5rp om City Clerk..