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Ord 606 8/10/1925 Form ORDINr'..NCE I,E'JYI_'G ASSESSMENT FOR PART OF ',;- THE COST OF I 1PROVING A POI?TION CF � Block 2 . 5"�RT,E,, I TH2 G?�TY c n 7(n 'n T 1117 A C H1 GE OF �� CLI _:1 FAL.��, �'11��r�,.. � � �R � ABD 1AIET1 LGr.IN-091 z,HW:It ,� PR^P G,nm('Y .A. D THE OVINERS THEREOF, pF OV IDIFG FOR THE COL' LECTION OF SUCH ASSESST'_EM, AND FOR THE 1SSTJaTYCE OF ASI � BE CE TFICITFS, Whores , the Board of Aldermen has heretofore by resolution passaa on the 18th day of A:ra 1925 , ordored the iraprove-.1ont of=ey Blk 152 act in said i;i`��i from i+s inter- section with the �.� line of 6th S 'A cue t o-i i s in' ey°5^otion vrith the _ ��g• line of 7th 8 Street, by raising, grad 'ng r filling same and iris���ll ing� concrete curbs A Zd p "wing withone course reinforcec e and contract o r h ,, r ink; �� c cnstr ua t ion of such i-.apr ove-ren s was let to L• hiam _ �0 and the Eng- ineer file with the C�_fiwte-nt showing descriptions Of the various, parcels of Ibu 3'ting property, the amounts to be assessed against e,.ch p�,,,rcel. of ;propPr .;y and. showing other matters and things; and such roll or st.,e gent 1,-,ias examined and approved ; and after duo and prober notice, hearing was held and had ; and by resolution passed on the 25th day of T;aY 192 protests and objections r acie �rere overruled an the said he^,ring closed ; and WHEREAS, all other -nr t tern and things nPaessary and p_r. e- requisite hereto have been done and perl'orried ; and the Board of Aldermen being of the opinion that the -,pportion:-_ient of the cost.., hereinbelow made and set forth is in substantial proportion to the benefits to the respeo tine parcels of butting property in the enhanced value thereof by means of such improve-Ments , rznd is in accordance with the law and proceed4_rgs of the City, and -chat the amounts hereinbelow shown and asU: ssed ­,_gainst such p.arcels of property do not in any case exceed the ben, ,)fi-cs to sach prope-_N cy in the enhanced value thereof by mea-ns o_' �,a, h iraprovemcnts, and that the assessments so shown and malo do not the p„o- protions of costs properly chargeable co s}._•• property under the law and charter in force in -this C J I,:y THEREFORE BE IT ORS` ITTED BY m'L"IL, OF ALDERIMI N OF THE CITY OF vaICHITA 1±1riPLS, ' 'X I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and zgainst the owners thereof the sums o money below cn-tvioned and itemized and the total amount set oppos i to file description of each parcel of property; the several ,rscun-1,s assessed aga,iilst same, together with the total ,amount assessed , bnd the names of the owners of such property so far as k oi-vn being ,qs follov7s : - Ji. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon r�t 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 parcels of property against which the same are assessed and a personal liability and charge ag^irst the real and true owners of such property, whether such owners be named herein or not, and the said lien shall be -.nd coi:jst:i'lute a first enforcealbe cllim against the property on ­vh ch ass ,ssmert is levied, and shall be the first and par mount lien therv,on, superior to all other liens and clai:2s except j-rate, cour:t,/,, and municipal tp-xes, and the sums so assessed shi_-,ll be p 'i�T, t 'E s follows to wit : In six ir"jt%1l:nents (annual) , due respectively on or before the date -of completion on(!:� trio trre=,four?,,five years after the date of ccEJ1e+ion ;I.YIC ;ar ept needy tY�e`Cit I said improve�,ients, r.rd the sums assessed bear interest f.� date of such completion --rnd icceptart e at the rate provided , pr.:,y annually with each insta11,,ie_L1t, and provided that if default Le .made in the payr.:ent of �'Il c a rc=io' .1 or i.rt��ME-.rt Form # 9---page 2 . whole of the assessment upon which default is made shall, at the option of L. E. 'Yhitram & Co or its assigns , be and become at once due-and payable Together with reasonable attorney's fees area costs of Boll ectinn if incurred, and provided further that the owners of such property shall have the right to pay any or all of the said installements 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. E. IHITHZ,! & CONPANY and its assigns shall look solely to such owners for payment of the sues assessed ; but the City of wiehita 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 ',Vichita 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. ��HITHLIT & C0H A1,T or its assigns, the payment of skid 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 -the enfore4wflezit thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion a.nd ;Icceptance 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 corporation seal, and shall be payable to L. .:,i'. 'jjTTT LHAT;i x COL or its assigns, and shall declare the said amour s, ime 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 6s 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 certificgte 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 tha.t the amounts thereby evidenced may be paid to the collector of taxes in the City of wiehita Falls, Texas, who shall issue his recel.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 the City 'Treasurer to be kept and held by him in a spearate fund hereby designated as ALLEY PT.00TCL 152 Street Special Certificate Fund No. and when 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 shall be the Treasurer's warrant for making such payment. Payments by the Treasurer shall also be receipted for by she holder of such certificates in writ- ing, and by surrender thereof when the principal, together with aceried interest and all costs of collection and reasonable a,ttorney's fees, if ineurved, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to raking such ' improvements have been regularly had in compliance ,r7i th the law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the persona, liabilit - ;,t the owner have been regularly done and performed, and such als shall be prima faoie evidence of tb -`' ' a Page 3 --- Form 7 9. and no further proof thereo-f sh-r 1l b .; In any court. Sa-id certific.a,te.= m^.y have )u_-7_,ons attached thereto in evidence of each or all c e savcral installments thereof, or may have coupons for each of the firs'- six install- ments ; which coupons shall be payable e ffaer to Yyhitham & Co or its assigns , or to "�� 5 . Whitham &doer 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, invalidities , or irregularities; either in assessments or certificates issued in evidence thereof, is in accordance with law, vested in the City. VI. T f, t that he i provements herein mentioned are beg de la d ending he e feet o triis rd_inat , an thatlat condition o acid porti n f s �re�et nd gers the ub is he and safety, onstitutes a d creates n rgent publ necess requiring t t the rules providing th ordinarices e read more than o e meeting a for. more t n one time�e suspendrequiring a.t this or i -ng-- be pas e and tak eff at as emex�genoy� eas e , am su. ,i :pules a e cco�^din �y sus endedan this rdinance i passed as a emergen��7 ' ea,sure and be in force and effect imirediatel' from and after its passage. Passed and approved this 27th da�T of Ju'!-y _ 1032 5 _ I11adroW Si tuT of Attest : - City Clerk.