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Ord 10/12/1925 Form rr9. ORDINANCE LEVYING !�SSESSVIENT FOR PART OF THE COST OF I12ROVING A PORTION OF -- StRFET IITT 'THE CITY OF FALTTS ,TEXAS. F17-IN1 1! CH,iRGE AND LIEN LiGi°iINST ABUTTITIG PROPr�RIVY AND THE OVINERS THEREOF, PROVI-T)IPG FOR THE COL- LECTION OF SUCH ASSESSMEENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Glhorefis , the Board of Aldermen has heretofore by resolution passed on the 2 tlJ.d ay of -n,e 192 S , ordored the improve ent of - Street in said City m,fr its inter- section with the o x = �t line of _ 1th street to its intersection with the Io2'th ?ro:oerts_ ine of y �, Street, by ra is ing, grad ing r7nd f ill ing same and ins to l ing r r L at er;3 and p iving with Jr. C :)' T:: t3 ' ?=rce''. ;L�n+ <a and contract for the making and construction of such i._,proveT,ents was let to and the Eng- ineer filed- with the City rollor staten.ent showing descriptions of the various parcels of abutting property, the amounts to be 2ssessed against each parcel of property and showing other matters and things; and such roll or statement ryfts examined and approved ; and after duo and proper notice, hearing aas held and had ; and by resolution passed on the 1 t day of _192 Protests and objections mode were overrun-and the sai he,­;ring closed ; and 'WHEREAS, .11. t�L�} .,ryttPr ,_ind thinga ngc�� sr < nd pre_ requisite hereto have been done and pot foxr:led ; and the Board of Aldermen being of the opinion that the Fpportionr��ent of the c:» tc• hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehha.noed value thereof by means of such improvements, and is in :��corda.noe with the law and proceedings of the City, and thn t -the amounts hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such property in the enhanced value thereof by means of such improvements, and th:-,t 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)AR.D OF ALDERMEN OF THE CITY OF u!ICHITA FALLS, T EXAR, T-IlIAT: 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 against same , together with the total amount assessed, and the names of the owners of such property so far as known being as follows : - ii. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the r to of eight per cent per annum to- gether with reasonable attorney 's fees and costs of collections, it incurred, are hereby declared to be and made a lien upon the res- pectiveDpareels of property against which the same are assessed 4nd a personal liability and charge against the real and true owners of such property, whether such o;vners be named herein or not, and the said lien shall be and constitute a first enforcealbe 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 , cou;ity, , nd municipal taxes, and the sums so assessed sh ,'1 be Le ,:b follows to wit In izis tallnlents (annual) , due respectively on or before L' 7_ ': v,, , et 1 _ ,J ,t ,t':ra Years after the date of cone, :'_eti -r.E-d -ccenta.nce by the City of said improve-rents, and the sur_s assess,:�d shall bear interest trom date of such completion ^nd -,ccept_Lr_ce at the rate provided , annually with each inst.ill:_ient, and prav;_ded that if default be made in the payment Of any 7_ incia,^.l or _r.te-est when due, Form Jr9- -Page 2. whole of the assessment upon which default is made shall, at the option of ' . . X, ; - .' ,', , or its assigns , be and become at once due"an.d ��a �ab��e, GBi with reasonable attorney's fees and costs of e1G17 ect?)n if incurred, and provided further that the owners of such prope_Ay shall have the right to pay any or all of the said installoments 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 . and its assigns shall look solely to suoh owners for payment of— the su:Ms assessed ; but the City of 7 ichita 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 o-1 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 non-payment of ad-valorem taxes, or at the option of the said or L. �, its assigns, the payment of said 'sumsJand said liens and il` bil~ ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed against said parcels of abutting pr(,por-ly and the owners thereof, and the time and terms of payment, and to aid in the enfuroo"1011* thereof, assignable certificates shall be isslaed by the City of lViehita Falls upon the completion and ;Lceeptanee of the work whioh certificates shall be executed by the _.4ay0r in the name of the City and attested by the City Clerk with the oorporation seal, and shall be payable to y �. I' �.t'r J ;J . or its assigns, and shall Feclare the sai 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 Rs possible, shall contain a description of the pro-oerty 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 deserip*i.on thereof as 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 certifie�Rte 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 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 7,71ichita Falls, Texas, who shall issue his rece-iPt 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 speara,te fund hereby designated as ,.,_y._�, ' - Street Special Certificate Fund No. and when any amount shall be made to the tax col''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 sh.%ll be the Treasurer's warrant for making such pI.yment. Payments by the Treasurer shall also be receipted for by she holder of such certificates in writ- ing, and by surrender thereof when `ore principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if inured , 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 .,,pith the law, and that all pre- requisites to the fixing of the assessent lien against the prcr,-- erty described in such certificates and the personal. liabilit , the owner have been regularly done ar,.d perforriaed, and siich ~ec als shall be prima fao i') evicl.­r c e of tho 0 ~Ec i IL Page 3 Form and no further prooff the2eo--'-' sh !! :11CA J,n any courIA-0, 41 Said cert-ifica ,?t � mn,.iT attached- there oo 4 in evidence of each or all c _-F t-I'I'e severa _t5tallments thereof, or may have couporis for each of the f install- ments ; which coupons shall be p,,,,yable eit"-e7 to 7­ '7- or its ass.-*_gns , or to or bearer ; l.:,d. such coupons may be signed either with the original or wi-',h the faesimile signature of the May and City Clerk. V. Full power to make and levy re-assessments in any case and to corredt mistakes ., errors , invalidi; ies , or irregularities; either in -assessments or certificates issued in evidence thereof, is in accordance with law, vested in the City. V.L� . 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 (,:;,n emergency measure , and such rules are accorLixlgly suspended, and this ordinance is passed as an measure and shall be in force and effect immediately from and after its passage . Passed and approved this —..-.,-.d-ay of— Ci of V'Tic ifa Fails. Attest : - City Clerk.