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Ord 623 9/21/1925 F ORDINANCE LEVYIE G 13SESSi,1ENT FO'R P-,RT OF THE COST OF 21 0VING A PORTION OF NI H STREET 11 THE CITY OF ',41CHITA FALLS , FXA,,, F jy.IT,s A CHARGE AND LIEN 1.GAINST AB`J TIP'G I'ROP ET,71Y AND THE OWNERS T1I:ERROF, PROVIDING FOR THE COL'- LEMON OF SUCH ASSESSIPENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CE,RTIFICATFS, AND DECIuiR ING All EMERGENCY. Whore ,,s , the Bo�.rd of Aldermen has heretofore by resolution passed on the 22nYiV of June 192_6_, ordored the irsprovemont of Ninth Street in sa id City fr_�r_i its inter- section with the pest Pronerty line of Street to its intersection Frith the _______ East Property -line of /Brook Street, by raising, grading nd filling E-q—Me and installing concr�rP r� and gutters and pELving with one cou,-e reinforc e and contract for the i %Ling and ccnstructitor. of such i:_aprover-ents wRs let to L. E. Shitham & Oo0 and the Eng~ ineer filed with the City r,)ll or state gent swing descriptions of the various parcels of ibutting property, the amounts to be assessed ag:-Linst ec-ich parcel of property a,rid showing other matters and things; and such roll or stter:ent was examined and approved ; and after duo and prober notice, hearing wis held and had ; and by resolution passed on the 21st day of seDt. 192 , all Protests and objections ra�-ide were overruled and the sai h ring closed ; and VcHERF.AS, all e,vd thine .ne--var� and ttise- requisite hereto have been done and and the Board of Aldermen being of the opinion that the �%pportionment of the 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 with the law and proceedings of the City, and than the arsounts 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.)_L.FD OF ALDERMEN OF THE CITY OF V`"ICHITA FALLS, T Xni-., _KLT: I . There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the suns of money bellow mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts assessed ag>ainst same , together with the total amount assessed, r,nd the names of the owners of such property so far as known being ns fol7_ows : - II. The several sums above mentioned ,assessed against said parcels of property and the owners thereof, respectively, together with interest thereon gat 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 made a lien upon the res- pective )pareels 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:,vners be named herein or not, and the said lien shall be and constitute a first enforcealbe cl,'Lim against the property on ,ihich assessment is levied, and shall be the first and pa,r�,mount lien thereon, superior to all other liens and claims except state, county, end municipal taxes , and the sums so assessed shall be p ,yab to %s follows to wit - In six install:�ients (annual) , due respectively on cvc date of comrle-�ion,one ,two ,three four & five years after the date of coup?_etion r,! c'c ptance-�y�he Ci y cf said improve;i.ents, ,ind the su:.2s asses: o all bear interest _t.'rom date of such completion ^nd ccep-ance a , t:lie rate provided , Pay° ;annually with each insta.11._7elat, and provid-ed that if default be made in the payment of any or irte-est when due, ; Form r 9---Page 2 . whole of the assessment Lpon which default is made shall , at the option of T, -, h `3II CQ�_ _�_ _._ __or its assigns, be and become atonce dua anal payub ��'�1 el with reasonable attorneys fees and costs of col7.F.� ;i > i incurred , and provided_ further that the owners of such pro en''by shall have the right to pay any or all of the ;said in staliements before maturity at any time, by payment of principal and interest accrued to the date of. payment. III. The City of Wichita Falls shill not be in tiny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. E. `Whitham & ,' and its assigns shall look solely to suo 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 iehita 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. E. `lhitham & Co. or its assigns, the payment of sgid 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 prep f%r-ty and t1in owners thereof, and the time and terms of payment, and to :yid in Ghe enfcrO_,4Tn 11* 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 '14ayor 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 eclare the said amounts; 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 contain a description of the property 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 description thereof as so owned shall be sufficient, or if the mae of the owner be unknown, then to so st,.te 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 certificAte 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 collector of taxes in the City of Wichita Falls, Texas, who shall issue his recet.pt 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 tthe City Treasurer to be kept and held by him in a spearate fund hereby designated as Ninth Street Special Certificate Fund No. i ; and when any amount shall be made to the tax col ector upon such eerti_ficates, he shall upon prestentation 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. ,il be the Treasurer's warrant for making such payment, Pqyrients by the Treasurer shall also be rece ipted for by ' he holder of such certificates in writ- ing, and by surrender thereof when -she vrincipal, together with accrued interest and all costs of cu�llection and reasonable a,ttorney's fees, if incui�ed , have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance .�7ith the law, and that all prc­ requisites to the fixing of the assessment lien against the prc„.- erty described in such certificates and the personal liability the owner have been regularly done and performed, and such -Ic-c a,ls shall be prima faoic, e-;-ide;rlce o)Y tho is^ ;.o rccl` t; j , Page 3 --- Form #9. an3 no father proof thereof n any court. Said ceruifi:;atcs m- cay ha-e attached thereto in evidence of each or all ct the several installments thereof, or may have coupons for each of the first- six install- ments ; which coupons shall be p yable eit-�e to L. E. 'dhitham_ g� �.,_� or its asslens , or to r b and Co: or bearer; and such coupons may be s ign ed_ either with the original or with the facsimile signature of the May and City Clerk. V. Full power to make and levy re-assessments in any case and to corredt mistakes , errors, invalidit-es , or irregularities; either in assessments or certificates 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 tine be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and such rules are acco�-d_ingyy suspended, and this ordinance is passea as an emergent '­ measure and shall be in force and effect immediately from and after its passage. Passed and approved this 23 _ day of a te, 192 5 --- ----------- (SignedLL8. E. She ._ CIi ty of V,'iahi a Falls. Attest : - (a Med) V. E. McBroom City Clerk.