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Ord 638 11/2/1926 7GaL�C Al V L/ a Form 9 (1 of 4) - ORDINANCE LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF AVENUE J IN THE CITY OF WICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY AND THE. OWNERS THEREOF, PROVIDING FOR THE COL- LECTION OF SUCH ASSESSMENTS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES. BE IT ORDAINED BY THE HOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas,, has heretofore by resolution passed on the 13th day of July ,192 5 , ordered the im- provemen ol venae J n sai City from its inter- , T ,oction with -the . as proper y line of Garfield to its intersection with the Best p line o / Hays Street by ra s ng, grading an fi ing same and installing concrete curbs aa,nd gutters and paving with n ah Sheet Asphalt (Willite Processl on 5 inch Concrete oun atfon; an7 eon ract for Me ma ng and- construction 5f s—u-c-H improvements was let to Plains Pav- ing Company; and the Engineer filed with the City rollor state- ment showing description of the various parcels of abutting prop- erty, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the 19th day of October .192 5 , all protests and ob3e�ons were overruled 3verruled and the sa hearing closed, and WHEREAS all other matters and things nec- essary and prerequisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set forth is in substantial pro- portion to the benefits to 'the• respective parcels of' abutting property in the enhanced value thereof by means of such improve- ments, and is in accordance with law and the proceedings of the City, and that the amount hereinbelow shown and assessed against _ such parcels of property do not in any case emceed the benefits to such property in the enhanced value thereof by means of such im- provements, and that the assessments so shown and made do not ex- ceed the proportions 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 WICHITA FALLS, TEXAS, THAT: z. There shall be and is hereby levied and ass- essed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the- description of such property, the several amounts assessed against same, together with the total amount ass. essed, and the names of the owners of such property so far as known, being as follows:. NAME LOT BLOCK FRONTAGE AMOUNT TOTAL AMOUNT Wichita Falls Independent School District 9 12 150912.94 Curb 150 75.00 $987. 94 Wichita Falls Independent School District 8 12 150 912.94 Curb 150 75.00 987.94 L A Rodenheiser 1 18 150 912.94 Curb 150 75.00 987.94 W J Gillard 16 18 150 912. 94 Curb 150 75.00 987.94 Form 9 (2 of 4) TI. The several sums above mentioned assessed against said parcels of property and the owners thereof, respective- ly together with interest thereon at the rate of eight (8%) per cent per annum, together with reasonable attorney' s fees and costs of collection, if incurred, are hereby declared to be and made a Tien upon the respective parcels 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 nam- ed her ei s n or not, 'and the said liens shall be and con first and eni'orceable titute a ,claim against the property on which the ass- , essment is levied, and shall be the first and paramount lien there- on, superior to all other liens and claims, except state, county and municipal taxes, and the sums so assessed ahsll he payable as follows, to-wit: In equal nnual pectively on or before thirtyxdays, one, two, thrllments due res- ee an five years after the date of completion and acceptanceour by the City of, said improvements, and the sums assessed shall bear interest from date of such completion .and acceptance and until .,a, d at th mate above provided, 'payable annually with each installment, and Provided that if default be made in the payment Of principal or interest when, due, the whole t eaassessmentment upon which default is' made shall, at the option of the Plains Paving Company or its assigns, be and become at once due and payable,.. together with reasonable atto-rney' s fees and costs of colle if incurred; and provided ction further that the owners of s ht to shall have the 'right g pay any or all of the said uch property installments maturity at any time, by payment- of principal and interest accrued to date of payment. any manner liable for theThe paymentoof any sums assessed 'Wichita Falls shall a'not against any abutting in property gainst g pro ert or any owner, .but the said Plains Paving Company and its assigns shall look solely to such owners 'for pay- ment 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, collect ion thereof shall be enforced either by sale of the property by the tax collector and assessor of the City of Wichita Falls, as near as possible in the mariner provided for the sale of property for the non.-payment of ad-valorem taxes, or, at the option of Plains Paving .Company, or its ass ns the p Said liens and liabilities shall be enforcedaine any ocourt dhaving sums and Jurisdiction, IV.. the rums assessed against saidrparcelsuofsabuttirigdpropeencinrtyhandntheal owners thereof, and the time and terms of , and to aid in the enforcement thereof assignable certificatestshall be issued by the City of Wichita %lls upon the compl.e.tion and acceptance " Of the work which certificates shall bee xecuted by the IVlayor in the name Of the .City and attested by the City Clerk with the cor- porate seal, and shall be payable to Plains Paving Company, or Of ass igns' and ,shall deciaLre the said amounts,` time and terms P yme'nt, , end the rate of interest and the date of completion Form 9 (3 of 4) and acceptance of the improvements, shall contain the name of the owner of property as accthrately as possible, shall contain a description of the property by loft and block number or front feet thereof, or such other deseriptiori as may otherwise identify same; and if the property shall be owned by an estate, then the description thereof as so owned shall be sufficient, or, if the name of the owner be unknown, then to so state the fact shall be sufficient and no error or mi.stakein describing any property, or in giving the name of any owner, shall Invalidate or in any wise impair any certificate or any assessment levied by this ordinance. Said certificate shall provide substantially o maturity, t'zen 1 upon hall not be aid rom It p �', that if she same s p p p Y they shall be collectible with reasonable attorney is fees and costs of collection, if incurred, and shall also provide substan- tially that the Amounts evidenced thereby 3tiay be paid th the Colw lector of Taxes of 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 forthw&th with the City Treasurer to be kept and held by him in a separate fund hereby designated as ttBBB Avenue J tiSpeeial Certificate Fund No. ; and w zee any paymen s5a'11777 mac to the tax Collector upon sucF-ccrtifieates 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 cer- -cificate shall be entitled to receive from the City Treasurer the 1 - amount paid, upon presenting to him such certificate so endorsed and credited by the holder with the amount paid; and such endorse- ment and credit shall be the Treasurerts warrant for making such payment. Payments by the Treasurer shall also be reeeipted for by the holder of such certificate in writings and by the surrender thereof when the principal, togother with accrue(l interest and all costs of collection and reasonable attorney Fees` if in- curred, have been paid in full. Said Lertificates:lshall further recite substantially that all procOadings with reference to making such improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in such certificates and the personal liab•. ility of the owner have been regularly done and. performed* and such recitals shall be prima facie evidence of the facts 130 recited and no further proof thereof shall be ,required in any court. Said certificates may have ooupons attached thereto in evidence of each ©x all of the several Installments thereof, or may have coupons for each of the first five �nstall- ments, leaving the main certif pate to serve for the siXth in,* stallment; which coupons shall be payable either to Plains Paving Company or its assigns= or to Plains Paving Company 'or bearer; And such coupons may be signed either with the original or with the fac-simile signatures of the Mayor and City Clerk. Said certificates s"Zall further recite chat -the City of Wichita Falls shall exercise all of its lawful ;dowers 'when requested to do so by the holder thereof to aid in. the. collection thereof, and may contain recitals substantially iii ac- cordance with the above and other additional recitals oertinent or ap-propriate thereto) and it shall not be necessary that t'_.,e recitals be in exact form set forth, but the substance thereof shall suffice. a Form 9 ( 4 of 4) ve Full power and levy re-assessments in any case, and to correct mistakes, errors, invalidities or ir- regularities, either in assessments or cot tifics,tes issued in evidence thereof, is in accordance with law, vested in the City. i INTRODUCED AND PASSED on its first reading at a Regular meeting of the Board of Aldermen on the day of a.yor ATTEST: i t y C Ter PASSED on its second reading at a Regular Meeting of the Board of Aldermen on the day of , 12 ayor � ATTEST: zty Clerk PASSED ON ITS THIRD AND FINAL READING at a Regular Meeting of the Board of Aldermen on the day of ,192 ayor Attest: City Clerk