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Ord 654 11/2/1925 4 Mom'- i /} hi Form 19. ORDIN.LNCE IJEVYi"C ASSESS I'E;NT i�OI PtiRT OF THE COST OF I::10 ,VI1v ti OF S7` 1N THE CTTY � , IL , ' _ . r. l l TOF lIJHI '� lA '/I GE AND LIEN ZI G.L IN 3V Ii r'A B .V N,,I'T rP'l`� TY AND THE OVINER S TH.E-i?L F.C•F, PF.0V I_T)iPTG OR THE COL^ LECTION OF SUCH ASSE"812EN'TS, AND FOR THE ISSUANCE OF .ASSIGNABLE CERTIFICATES, AND DEC.LiR I NG AN E v ER GENCY. I,Vhoreas , the Board of Aldermen has heretofore by resolut" on passed. on. the =Othd,- of �ul� 192 � ordored the iiaprove:�ent of �1 . tie;_ t.'; 4ve .�'rjmt in said City from :_.ii S L its inter- section with the _ line of 1 1, J Ir, �_ S :rest o its in erseation with the ��� - �� line of Street, by raising, grading ,-7d fillin same and installing coticreL�A t- s a:;:l ' �tF'.Co and paving with oil, 0:!" t 1 1 0�'C 'i C: and contract for the mating and construction of such i:-:prove"lents was let to i ,, -� i� o. and the Eng- ineer filed with the City roll or st �ter.�en7,shio ruing descriptions of the various parcels of Abutting property, the amounts to be assessed against e, ch parcel of propeiccy a,nd shoti�ing other matters and things; and such roll or st te:_ient r!as exa pined and approved ; and after due and proper notice, hearing vas held and had ; and by resolution passed on the find day of ; eve." is e c 192_ F , all Protests and objections mride were overruled and the said hearing closed ; and WHEREAS, �11 !Is>t V--n -rid things 3:nd rrc;— requisite hereto Mfrs been done and peer rorf:led ; and the Bo Ird of Aldermen being of the opini.)n that the �p?orti,�inrient ol Clio cvst:4 hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehhnnoed value thereof by means of such improvements , and is in .:accordance with the law =d proceedings of the City, and that the amounts hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such proper 'T in the enhanced value thereof by means of such improvements, and t*h7,t the assessments so shown and made do not exceed the pro-• protions of costs properly chargeable to such property under the la ,, and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERIMEN OF THE CITY OF 'u,'ICHITA FALLS, TEX , THAT 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 money below men"::ioned and iteMized and the total a:-lount set opposite the desc—ptyon of each parcel of property; the several amounts assessed ap i,:ls", s�:r_ie , together with the total amount assessed , -,nd the names of -the Owners of such property so far as known being as follo�-s : -- ii. The several sums above :,ientioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at 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 -jade a lien upon the res- pec tive Dparce is 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 owners be named herein or not, and the said lien shall be and constitute a first enforcealbe cla inn against the property on ,-vhich assessment is levied , and shall be the first and pa.rwr_:ount lien thereon, superior to all other liens and clairss except state, county, and municipal taxes, and the sums so assessed shall be p ,ynble ,GIs follows to wit : In install:cents (annual) , due respectively on or befora th ,1 , ,_:e _ r years after the date of lc on ,-nd �;ocepta,nce���'t�-ie C ' � said i.iprover:ients, a,nd the sums assessed s will bear interest frc:?r date of such completion ^.nd acceptance at the rate provided , P;,Y,.' 7 ; annually with each insta.11,_1eiit, and provided that if default be made in the payment Qff pry , incip�l or 4t+.� Test; :_.en �',ze , Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of or its assigns, be and become at orlee dui end payable togather with reasonable attorney's fees and costs of col).ectinn if ircurred , and provided further that the owners of such property shall have the right 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 said L. +11A' l:111 x Ca. and its, assigns shall look solely t—o_s—u_o7 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 tax assessor and collector of the City of Wichita 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 _ or its assigns, the payment of� s d sums and said 1 iens and�1 ab il- 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 lihe enforo-amo:sb thereof, assignable 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 Nfayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to or its assigns, and shall ec are c a sa amour 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 o ontain a description of the property by lot and blook 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 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 certifiogte or any, assessment levied by this ordinance : Said certificates shall provide substantially that if s me 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 of taxes shall deposit the sums so received by him forthwith with the City Treasurer to be kept and held by him in s speara,te fund hereby designated as l :,<'F;== _ . SU"t Special Certificate Fund No. �L. and wen 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 receipted for by the holder of such certificates in writ- ing, and by surrender thereof when the principal, together with accried interest and all costs of collection and reasonable attorney's fees, if ineurped, have been paid in full. Said certificates stall further recite substantially that all proceedings with reference to making such improvements have been regularly had in compliance i+ith the law, and that all pre- requisites to the fixing of the assess:�2ent lien against the pror- erty described in such certificates and the personal lia,bil it:T r' the owner have been regularly done and performed, and such roc - als shall be prima faoie eviderce of th? -'a^ ';_ sc reel ` Page 3 Form #9. and no further rroof the:rec, Sba'.L b;5 rea in. any coa"It. Sar-d ce-,v,tif ac nicy h:,,-e o1s attached thereto in evidence of each cr all c, f t'-1-- Ify-istall-ments thereof , or may have coupo�7s for each of the fircu` 6ix install- ments ; which coupons shall be op yable ei-117,ier to L. or its aSS1,C-ris , or tom;- -77 7,7� bearer; and such coupons may be signed either with the original or with the facsimile signature of the May and City Clerk. V. Full povier to make and 'Levy re-assessments in any case and to corredt mistakes ., errors, invalidic,-es , or irregularities; either in assessments or certificates issued in evidence thereo-Z, is in accordance with Law, vested in the City. VT. 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 public health and safety, constitutes and creates an urgent public necessity requiring that the rules providing that ordinances be read at * more than one meeting and for more than one time be suspended, and requiring that this ordinance be passed and take effect as P-n emergency measure , and su--h rules are cq suspended, , and this ordinance is passes as an emergency measure and shall be in force and effect immediately f_or, and after its passage. Passed and approved this � gay of 1032 C i ty o '17T—aFa=S-- Attest : - City Clerk.