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Ord 635 10/12/1925 Form #9 . 7 ORDINANCE LE'�TXII G ASSESSidETdT FOE PART OF THE COST OF 11111PROVIiM A PORTION OF STREET 1N THE CITY OF ',JICHITA FALT�S ,TEXAS, F jig 11?G A CHARGE ABD LIEN iiGAINST ABUTTING 2R.OI':h;F"1°Y AND THE OWNERS THEREOF, PROVIDING FOR THE COL^ LECTION OF SUCH ASSESS1,7ENTS, AND FOR THE ISSUtaNCE OF ASSIGNABLE CERTIFICATES, AND DECLrIRING AN Elv1ERGENCY. WhoreF�s , the Board of Aldermen has heretofore by resolution passed on the day of 192 .,rdored the improve-wont of ?emu f Street in said City from its inter- section with the ' '� - l ine of 1 Street to its int x_section caith the -. _ ^,�r, line of Street, �r by raising, grading and filling sr.me end ilIstalli.ng_ c-) ��. gutter: and p:,villg with and contract for the r.2aLing and construct -or. of such i--,pr ove-!On s was let to T �. � and the Eng- ineer filed with the City roll or stateimont showing descriptions of the various parcels of abutting property, the amounts to be assessed against e��eh pfarc0, of property and showing other matters and things; and such roll or st terient w s exayined and approved ; and after duo and proper notice, hearing jas held and had , and by resolution passed on the , day of :? > ! 192 all Protests and objections r.�- de were overruled and the sad he^ring closed ; and 1,7HFREAS, allt-.t.11oy rt7f ttr�r9 rLrtd things Ond P-T'O - requisite hereto have been done and -po forFllod ; and the Bor:rd of Aldermen bung of the opinion that the apportionment of tiln 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 improve-rents , and is in ecorda.nee with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed against such p^_�rcels of property do not in any case exceed the benefits 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 such property under the law and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE B OF ALDERMEN OF THE CITY OF 1ICHITA FALLS, TE,XiZ, 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 money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts assessed agi.nst same , together with the total ,amount assessed , nd the names of the owners of such property so far as known being .ns 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 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- pective )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 named herein or not, and the said lien shall be and constitute a first enforcea.lbe claim against the property on which assessment is levied, and shall be the first and paramount lien thereon, superior to all other liens and claims except state, county, and municipal taxes , and the sums so assessed shall be n`.yab to as follows to wit , In - ep,-a:i ? y�?ts�x install-ients (annual) , due respectively on or before years after the dote of con1�'_etlon ;r az> .;a.nee by the City of said improvements, a.nd the sums asse::se0 `01,111 bear interest troT, date of such completion ^,md a,ccept:ar_ee alu, t.1ae rate provided , annually with each installment, and prov;-d.ea that if default be made in the payment afi qny- ;z 4ncip^?_ or int,e-est vjhen due, t',-. Form # 9---Page 2 . whore of the assessment upon which default is made shall, at the option of - or its assigns , be and become at once ua and pay, blo toga Ther with reasonable attorney's fees and costs of colJ.ectiorl if incurred , and provided further that the owners of such property shall have the right to pay any or all of the said installements before maturity a.t 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 saidCa. and its assigns shall look solely to such owners for payment of the su:as assessed ; but the City of T'1ie7lita Falls shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and suns 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 or its assigns, the payment of said sums and said 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 propox-ty and the owners thereof, and the time and terms of payment, and to :aid in the enfar° Ir'c�1�� thereof, assignable certificates shall be isslaed by the City' of Wichita Falls upon the completion and ;acceptance of the work which certificates shall be executed by the ;2ayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to o'� r +_, „., its assigns, and shall Tec are the s�ammomits► time and terms of payment, and the rate of interest, and the date of oompletion 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-Perty by lob; 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 @,s 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 c.e-cribing any property or in giving the name of owner, shall inv«1 --date or in any wise impair any certifieiy,te or any assessment levied by this ordinanoe . 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 collect®r of taxes in the City of .�diehita 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 Street Special Certificate Fund No. 1 � ; 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 suoh endorsement and credit shall be the Treasurer's warrant for making such payment. Pay.nents 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 accrued interest and all costs of culleotion and reasonable attorney's fees, if ineurued , have been paid in full. Said certificates :hall further -recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance kith V=n" law, and that all pre- requisites to the fixing of the assess.-�ent lien against the prcp- erty described in such certificates and -Lhe tier.sonal liabilit 7 c f the owner have been regularly done ar.d oerforrled, and ,^uch xec j - - al.s shall be prima fae iO f v ir, �Y'c ce `� ;'n , •: c-o Page Form #9m ana no Parther proof thereof shallbi,' P in anv, c o-avt Satd certificates 12),ay attached thereto in evidence of each or all cf s ­,,cz­a_L irsts.1.1ment-s thereof , or may have coapo-ds for each of the first -1- install- ments ; which coupons shall be pyyabic cit-. �U r to In ! or its cassigns , oz to or bearer; a.,& slich coupons may be signed either withthe original or vuit--h the facsimile signature of the May and City Clerk. Zr w . Full power to make -.zd levy re-assessments in any case and to cor.-edt mistakes ., errers, invalidiu'-A.es , or irregularities ; either in assessments or certificates issued in evidence thereof, I - t-he City. is in accordance with law, vested in 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 4 requiring that the rules providing tilp't ordinances be read at * more than one ire-eting tand for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and such rules are acce.-aingly suspended, iand this ordinance is passed as an n.-;asux-e and shall be in force and effect immediately from and after its passage. Passed and approved 4 A— 192 this day of c i t, Y of ichita Falls. Attest : - City Clerk.