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Ord 615 8/31/1925 Form 9 . 4 era ORDIN'NCE LEVY fir; _1;3SESS ,7M FOh PiiRT OF , P TIDE COST OF I :7r'F rli G A 2ORT101T OF_ ' STREET' IN 'T3 CITY r OF 71I0HIT_Jl AL"�S , I17 S ;TiTT s l�. CHLRGE A13D LIEN LGiLINST ABTMING +'ROP FFTY ATTD THE OWNERS THrERFCF, PROVIDING POI? THE COL- LECTION OF SUCH ASSESSI-HITS, AND FOR THE ISSUANCE OF ASSIGN41BLE CERTIFICATES, AND DECLARING AN EI�TRGENCY. Where4s, • the Bo�.rd of Aldermen has heretofore by resolutiono passed on the day of 192 , ordored the t improve:,:iont of — —Street in ST11a City fr )Ta its inter- section with the line of with, the Street to its inter. section line of Street, by raising, grad ing end filling same and ins to 11 ing and p,- tvjAg with and contract for the. -making and construction of such i:aprove��cnts was let to _ and the Eng- ineer filed with the City roll or stitte .ent showing descriptions of the various parcels of abutting property, the amounts to be 4ssessed against et�.eh ps.rcel of property and shoeing other matters and things; and such roll or statement �,rfs examined and approved; and after duo and proper notice, hearing was held and had ; and by resolution passed on the day of 192 - , Protests and objections mlde were overrun and the sa hearing closed ; and r �1 vt.� �� rrls� bt.c cit_[d t'��iYl$s 21� ec �ratsry and G�HEREAS, requisite hereto have been done and pok eoxrMod ; and the Board of Aldermen being of the opinion that the apportionment of the cvs t: hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of Tbutting property in the ehhnnoed value thereof by means of such improvements , and is in ,.ecordanoe with the law :and proceedings of the City, and that 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:,4t 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 BOARD OF ALDERMEN OF THE CITY OF '17 ICH ITA FALLS, TEXA:g, 1T,I3A T: I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentiicned 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 safe , together with the total amount assessed , and the names of the owners of such property so far as Down 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 r5,te 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 )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 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, county, and municipal taxes , and the sums so assessed shall be p��yab i e ,Is follows to wit : In eq�L.a' x� iristallment, due on or before y after the date of conic t�n nd �coepcance�y tie Ciy CT said i 1prove,_.ents, and the sums a:,sessod ell ll bear interest from dote of such completion ^nd parce at t1 " te pxovided , )y� + a - annually with each install leilt, and p xov d od i bl at if default 1-1 e made in the payment off any 7f ncip;�?. or rjhen due. t'. Form 7f 9---Page 2 , whole of the assessment upon which default is made shall, at the option of or wts assigns, be and becorsewat once due ar.d '�� lei�with reasonble attorney's fees aria costs of coi if lrcured, and provided further that the owners of such? ,rope.--cy shall :have the right to pay any or all of the said instaliements 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 s,ny sums assessed against any abutting property or any owner, but the said and .fto assigns shall lock sclely to suo owners fcr payment of the sumis assessed ; but the City of Tgichita Falls shall exeroi_se all of its lawful powers to aid in the enforcement and collection of said liens ands 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 f�ichita 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 Avli 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 property- and the owners thereof, and the time and terms of payment] and to aid in -tlie enforc,-o"011* thereof, assignable certificates shall be issued by the City of Wiohita Falls upon the completion and �ceeptance of the work which certificates shall be executed by the ,Zayor in the name of the City and attested by the City Clerk with the corporation seal, or and shall be payable to its assigns, and shall Teclare the said amounts, uime 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 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 certificiAte 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 ,fliehita 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 spaa;r€xte fund hereby designated as Stree t Special Certificate Fund No. and wen 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 such endorsement and credit shill be the Treasurer's w4rrant for making such payment. Payments by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when �i;bc ro •incipal, together with accrued interest and all costs of culle tion and reasonable attorney's fees, if incurred, have been paid in full. ther recite substantially that Said eertif.icates small fur all proceedings with reference to making such ' improvements have been regularly had in compliance ,Ath the law, and that all prc- requisites to the fixing of the assessment lien against the pr. cr- erty described in such certificates and the personal liability ` the owner have been regularly done and performed, and such -cc als shall be prima fac iF, evidence Of tho fa,; so r. cc : t. Page 3 --- Form �9. and no f?zrther proof thereof.shall bz- in any court. Said certificates mc-T 'nave attached thereto in evidence of each or all cf t1he sovcral iristallmen-s thereof, or may have coupons for each of the fi6vst, install- ments ; which coupons shall be payable 9. iz_to__ _ or its assigns , or t-® or bearer; and such coupons may be signed 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, invalid.itA.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 time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and such rules are acco�di gly suspended, end this ordinance is passed as an :Measure , and shall be in force and effect immediately from and after its passage, Passed and approved this - day of-rl� � d- .r l0,2 d' Y"T7'.—'o_ _ v1. fT Of Vr IQlllta Falls. Attest : - City Clerk.