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Ord 633 10/12/1925 s Fora r9 . ORDINANCE LEVYIITG :�SSESKTENT FOI; P,,RT OF THE COST OF I2p,,OVING A PORTION OF STRr,ET I S THE CITY OF T]ICHI T1? FAL?�S ,'TEXAS, 71ITr� l> CHIiRGE ABD LIEN i.GAINST ,�BUTTING' iF,01.')?H'TY AND THE OWNERS THEREOF, PROVIPIVG FOR THE COL^ LECTION OF SUCH ASSESSI,=S, AND FOR THE ISSUaNCE OF ASSIGNABLE CERTIFICATES, AND DECL RING AN EI&1GENCY. Whore£�s , the Board of Aldermen has heretofore by resolution passed. on the l;_)h day of :.et 1925 , ordored the improve:�ent of�rford Street in said City from its inter- section with the line of 7th S reet to its in erseation--with the north Proe ert r ine of StI Street, by raising, grading and filling same and installing concrete _QJL_4, !. , d c7ut?:6rs and p[iving withal:ice C lit E' 1'?'L 1.t r , , r 4- .1 and contract for the making and construction of such improve:aen s wa,s let to -L thza::, Co . and the Eng- ineer filed 71 h the City roll or statement showing descriptions of the various parcels of abutting property, the amounts to be Ussessed against e, eh parcel of property and showing other matters and things; and such roll or st tement <<<Yo.s exa^nined and approved ; and after duo and proper notice, hearing ,,ja,s held and had ; and by resolution passed on the 12th day of har 192 5 all Protests and objections made were overrun and the sad he^.ring closed ; and 1,7HEREAS, a17_ vt.➢-bo�T �n,� t fAz z _i.Lzd thingo 11a,,,» 3Yld Pre— requisite hereto have been done and pe,_ i'orr�ind ; and the Board of Aldermen being of the opinion that the "�pportj�ziment Uf Lila hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehhanoed value thereof by means of such improvements , and is in ,,ocordanee, with the law and, proceedings of the City, and that the ,izounts hereinbelow shown and assessed against such parcels of property do not in any case exceed the bznefits 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 BJARD OF ALDERflEN OF THE CITY OF 7v ICH ITA FALLS, T EXAM, TEAT- 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 n.s follows : - The several sums above r_7 entioned 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 -lade 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 o,,aners be named herein or not, and the said lien shall be and constitute a first enforcealbe claim against the property on ,rhich assessment is levied, and shill be the first and paramount lien thereon, superior to all other liens and elairss except state, county, and municipal tPIxes, and the sums so assessed sh.­,II be 9_yab Le as follows to wit ; In si-: e9'- L, Jtls installments (annual) , due respectively on or bore co , eti - o _,., t,; t ^ems f,: •,� r.' _, e years after the date of c`on�p_a_et—t1 nd f�ccep tanc� ie C said improve,,2ents, and the sums assessod shall bear interest tT date of such completion ^nd acceptar_ce at the rate provided , annually with each inst ll._iellt, and providea that if default be made in the payment Cff any ;-x ncip�-.1 or interest when due , Form T+9---Page 2 . whole of the assessment upon which default is made shall, at the option of T,. l-:i h: �', or its assigns, be ana become at onoe due and payabl.a to athei with reasonable attorxaey's fees and costs of col]_ection if incurred , and provided further that the owners of such property shall have the right to pay any or all of the said insta,llements before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls sh,.A! not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. E. + itha-`ri e`, Co . and its assigns shall look solely to such owners for payment of the swus 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 '�,7ichita 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. .hi"11 L: -M . Q . or its assigns, the payment of said sums and said liens and liab il� ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several suns assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in the en-foro1�n1011t thereof, assignable certificates shall be issned by the City Of Wichita Falls upon the completion and ,Lceeptance of the work which certificates shall be executed by the ,fayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to I,. dY.L tUhula C — 07 its assigns, and shall ec are the sal amoin s, ime 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-,Oerty by to i and block number or front feet thereof, or such other desc7 "Pti On as may otherwise ' identify same ; and if the property ah- _.:- be owned by an estate , then the description thereof gs so owned shall be sufficient, or if the mae of the owner be unknown, there 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 certificgte or any assessment levied by this ordinanoe. 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 1;7�fiehita 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 spea,rate fund hereby designated as iarfor a Street Special Certificate Fund No. 1 ; and when any amount shall be made to the tax collector upon such certificates, he shall upon prezentation 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 warrant for making such payment. Payment's by the Treasurer shall also be reeeipted for by the holder of such certificates in writ- ing, and by surrender thereof when `.-he rr incipal, together with accried interest and all costs of cc _.'_].cation and reasonable a.ttorney's fees, if incur, ed, have boon paid in full. Said certificates ,-,,hall furt'hc.r recite substantially that all proceedings with refu-zence to isah-ing such ' improvements have been regularly had in compliance ''ii''.h th,o law, and that all pre- requisites to the fixing of the assess:_ient lien against the prcp- erty described in such certificates end -che Personal. liability c- the owner have been regularly done and performed , and _^,uch roc i�. - als shall be prima fao z,, c,1-,i1' ­Y, e of th.a a^ - Po rcc i t,cC Pagg 3 --- Form jj�9. and no further proof thereof sha"'ll lb-,_; in any court,, Sa±d certif icate�> mo.y have attached thereto in evidence of each or all of sevoral 4_n,stallmen-'Os thereof, or may have coupots for each of the fi.­S-4',- install.'- ZO T, ments ; which coupons shall be payable eit,).c_-r, or its assign: , or to L LIM or bearer ; alid such. coupons may be signed either with the original or with the fact,similesignature of the May and City Clerk. V. Full power to mn'..e a,,,,-�d levy re-assessments in any case and to corredt mistakes errcrr3 , invalid.i Ies , or irregularities; either in assessments or Clerti-ficatas issued in evidence thereof) is in accordance with law, vested in the city. Vi. 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, nna requiring that this ordinance be passed and. take effect as an emergency measure , and such .rules are acco�.,dingly suspended, �.nd this ordinance is passed as an emergenuy measure and shall be in force and effect immediately from and aft-er its passage. Passed and approved this ___.day of 192 j t�7 of Tichit- Falls. Attest . - -Ji i, # EA. r o orii City Clerk.,