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Ord 620 9/21/1925 rr Form 9 (1 of 4) ORDINANCE LEVYING ASSESSMENT FOR A PART OF THE COST OF IMPROVING A PORTION OF Buchanan 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 �CHITA BOARD FALLS FTEXAS,ALDERMEN THAT OF THE CITY OF WHEREAS, the Board of Aldermen of the City of Wichita Falls, Texas, has heretofore by resolution passed 192 5, ordered the im- on the 1st uuhanan ree of rie in� saiT-City from its inter- provemen o line of Avenue L section with the ou proper y ine o to its intersection wi ou e propertan fi ling same Avenue 11 by raising, gra in g and installing concrete curbs and gutters and paving with On� e se, six and one-half (6jinch reinforcemx concrete and contract for the mak- ng an construe ion of sucE 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., Bearing was held and had; and by resolutionn the objections were ay of ,192 , overrule an t e sal 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 exceed 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 costsforoperlyce in thisrgoablc to such property under the law and charter 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 thertotal far as known, ass- essed., and the names of the owners of such property being as follows: jT LOT BLACK FROG L AIMUNT TOTAL A16OUNT .04 Stehlik Baber 16 3A 50 50 Curb Std-ilik Baber 15 3A 50 331.04 Curb 50 20.00 351.04 SteL, lik w Baber 16 3A 50 331.04 Curb 50 20.00 351.04 Stehlik w Baber 13 3A 50 331.04 Curb 50 20.00 351.04 Geo V Harpin 12 3A 50 331.04 Curb 50 20.00 351.04 Stehlik %s Baber 11 3 50 331.04 Curb 50 20.00 351.04 Stehlik Baber 10 3A 50 331.04 Curb 50 20.00 351.04 H 0 Foster 9 3A 50 331.04 Curb 50 20.00 351.04 Dora Baker 1 4A 50 331.04 Curb 50 20.00 351.04 Stehlik P_ Baber 2 4A 50 331.04 Curb 50 20.00 351.04 Stehlik &: Baber 3 4A 50 331.04 Curb 50 20.00 351.04 Stehlik &; Baber 4 4A 50 331.04 Curb 50 20.00 351.04 Stehlik Baber 5 4A 50 331.04 Curb 50 20.00 351.04 Stehlik Baber 6 4A 50 331.04 Curb 50 20.00 351.04 Stehlik �31 Baber 7 4A 50 331.04 Curb 50 20.00 351.04 Stehlik L Baber 8 4A 50 331.04 Curb 50 20.00 351.04 Form 9 (2 of 4) II. 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 lien 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 herein or not, 'and the said liens shall be and constitute a first and enforceable claim against the property on �%,hich the ass- essment is levied, and shall be the first and paramount lien there- on, superior to all other liens and claims, -,xcept state, county and municipal taxes, and the sums so assessed ahsll be payable as follows, to-wit: In six egtii.^-1 annual installments due res- pectively on or before thirty days, one, two, three, four and five years after the date of completion and acceptance by the City of 'said improvements, and the sums assessed shall bear interest from date of such completion .and acceptance and until pa-L at the rate above provided, payable annually with each installment, and provided that if default be made in the payment of any installment of principal or interest when due, the whole of t'ho assessment 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 attorney' s fees and costs cf collection, if incurred; and provided further that the owners of such property shall have the right to pay' any or all of the said installments before maturity at- any time, by payment of principal and interest accrued to date of payment. . .III . The City of 'Wichita Falls shall not bg in. any manner liable for the payment of any sums assessed against any abutting property 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 simns '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 manner provided for the sale of property for the non-payment of ad-valorem taxes, or, at the option of Plains Paving .Company, or its assigns, the payment of said sums and said liens and liabilities shall be enforced in any court having ,jurisdiction. IV. For the prupose of evidencing the several sums assessed against said parcels of abutting property andnthe owners thereof, and the time and terms of payment, and to aid in the enforcement 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 Mayor 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 its assijgns, and shall decilre the said amounts, time and terms of payment, and 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 accurately as possible, shall contain a description of the property by loch and block number or front feet thereof, or such other description as may otherwise identify same; an? 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, than to so state the fact shall be sufficient and no error or mistakein 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 that if the same shall not be paid prompltly upon maturity, then_ they shall be collectible with reasonable attorn.cy' s focs and costs of collection, if incurred, and shall also provide substan- tially that the amounts evidenced thereby may be ;paid th the Col- lector of. Taxes of the City of Wichita Falls, Texas, who shall issue his rocni t thcreforo which rGecipt 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 separate fund_ hereby designated as B ssRB Buchanan Street "Special Certificate Fund_ No.--; and ���rzcn any paymen Sher booma�to the tax Collector upon such certificate, 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- tificate 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 endorse- ment and credit shall be the Treasurer' s warrant for making such payment. Payments by the Treasurer shall also be receipted. for b7 the holder of such certificate in writingo and by the surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney' s fees, if in- curred, have been paid in full. Said Gertificatesnshall further recite substantially that all proceedings 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 so recited and no further proof thereof shall be required in any court. Said certificates may have coupons attached thereto in evidence of each or all of the several installments thereof, or may have coupons for each of the first five install- ments, leaving the main certificate 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 shall further recite that the City of Wichita Falls shall exercise all of its lawful powers when requested to do so by the holder thereof to ai? in the collection thereof, and may contain recitals substantially in ac- cordance with the above and other additional recitals oerti .ent or ap_ ropriate thereto, and it shall not be necessary that the recitals be in exact form set forth, but the substance thereof .,-_gall suffice. Form 9 (4 of 4) V. Full power and levy re-assessments in any case, and to correct mistakes, errors, invalidities or ir- _�ularities, either in assessments or cottifica,tes issued in evidence thereof, is in accordance with law, vested in the City. xx INTRODUCED AND PASSED on its first reading at a Regular Meeting of the Board of Aldermen on the day of ,192 .Mayor ATTEST: Citycle-ryc PASSED on its second reading at a Regular Meeting of the Board of Aldermen on the day of , 192 iJ ayor ATTEST: City C71 rrc PASSED ON ITS THIRD AND FINAL READING at a Regular Meeting of the Board of Aldermen on the day of ,192 Mayor Attest: City Clerk