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Ord 596 7/13/1925 Form r9. ORDINANCE LEVYiITG ASSESSDIENT FOIE Pl= OF THE CCST OF ING A PORTION OF GARFIELD STREET 1Y THE O T'f 0 ',,'ICHITA FAL �a ,TE1 S, z{, 1TIG r CH�LRGE AND :IEN . .GnINST kB'J TI_'N,` PR01)T,`TY ATM r THE 011,1NERS THEREOF, PROVIDTNG POR THE COV* LECTION OF SUCH ASSESS1,7E tTS , AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. t`dhoreFLs , the Board of. Aldermen has heretofore by resolution passed: on the 20kbiay of Aril 192 5 , 3rdored the iraproveiont of— field _Street in s1ia City from its inter- section with the forth Cnrb _ line of Aye. E 8 —moo its intersection with the No rth Curb line of Ave . G _ 1 by raising, grading :..nd f ill;ng_s a.TM,a and ids toll ing concrete curbs and utters and p, �-irig with one course re MEW concrete and contract for the i_1ah i n-- and e cnstruc t ion of such i._apr ovements wa,s let to L. E. Whitham & Co, and the Eng- ineer f iled with the City �~c ll or s tit©meet showing descriptions of the various parcels of abutting property, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or st,­�tenient wffs examined and approved ; and after duo ,and proper notice, aea.riiig was held and had ; and by resolution passed on the 4-ft day of duly 192-_�___ all protests and objections made were overruled and the said he.,,,ring closed ; and WHEREAS, ,all otho:r gild thing6 nild n: e-- requisite hereto have been done and and the Board of Aldermen being of the opinion that the ap_oortirin lent of 010 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 i-nprove�inents , and is in :a�corda.nee with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed ag: inst such parcels of property do not in any case exceed tihe benef1ts to such property in the enhanced value thereof by means of Bitch improvensonts, and th..t the assessments so shown and made do not exceed the pro- protions of costs properly chargeable 2:;o s :.;n property under the law and charter in force in this City : THEREFOR- BE IT ORDI11NED BY THL B0Al1D OF ALDERMEN OF THE CITY OF ',.ICH ITA FAILS, T EXtiZ, THII,�T: I. There shuee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the sums of :Money below ment-ioned 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 , A,nd the names of the owners of such property so far as known being as follows : - The several sums ,above ,aentioned ,assessed against said parcels of property and the owners thereof, respectively, together with interest thereon !.t the rate of eight per cent per annum to- gether with reasonable attorneys 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 €4nd 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 coLsti�,ute a first enforcealbe claim against the property on ,.vhich assessment is levied , and shall be the first and par.,,nnount lien thoroon, superior to all other liens and claims except state , counu�-, , nd municipal taxes, and the sums so assessed sh ll be p�ti�ra�"Ia as follows to wit : In six install---rents (annual) , due respectively on or befor; the a date of oompletion,one ,two,three ,four& five Years after the date of co ''_coon ,:rid cceptwnce�y the C—`ity j said i.lprove:_.ents, a.rd the cams also cea. shhall bear interest from date of such completion �,,nd icceptanoe at the rate provided , .pF,Y--."!J c annually with each inst:_,lL-_e1it, and provid.ea th?t if default be made in the payment cd ar.y ,u_� fnnci-pnJ. or arte-eet when duc, -I-, Form # 9---Page 2 . whole of the assessment upon which default is made shall , at the option of Z. Fes. Whi tham & Co. __ri__or its a`s igri, be and become at once due and payabla Together with reasonable attorneys fees and costs of eo17_ection if incurred , and rr��T]_ua l further that the owners of sueb p:ccpe-^ty shall have the right to pay any or all of the said insta.11ements before maturity Rt any time, by payment of prilicipal and interest accrued to the date of payment. III. The City of Wichita Falls shall not be in ,,ny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. E. Whitham & Co ns shall look solely to so s oo�Jners for payme and its assigns of the su.Ls assessed ; but the City of Wichita Falls shall exercise a.11 of its lawful powers to aid in tho enforcement and collection of said liens and sums and personal liabilities; and if default shall be made in t-he payment of any of said sums, collection the therefor shall be enforced either by sale of the property y tax assessor and collector of the City of j,.viehita Falls, as near as possible in the manner provided for sale of property for the non-payment of ad-valorem taxes, or at the option of the saor �. Whithan o- its 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 7n the enfoYc3.31""III thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion qnd ;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. E. Whitham & Co. _------or its assigns, and shall Fec are -the said amounts, time and terms of payment, and the rate of interest, and, the date of namef ion o 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 fis so owned shall be sufficient, or if the mae of the owner be unknown, then to so st,ite shall be sufficient, and no error or mistake in describing any y property ise y or in giving the name of owner, shall invalidate or in any 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 �rjith 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 'rdiehita Falls, Texas, who shall issue his recetPt 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 Garfield Street Special Certificate Fund. No. 1 ; 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 shall be the Treasurer's warrant 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 tho.^eef when principal, together with aceried interest and all costs of cs�_Iection and reasonable a,ttorney's fees, if incu,,­_rf. d , have been paid in full. Said certificates shall furthG-r recite substantially that all proceedings with to m^king such ' improvements have been regularly had in comp'.iance Atli tho law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such ce3: `ificates and the personal liabilit.T ci the owner have been regu7,,ry...y done and perforriv-d, and such s Ci als shall be Prima ' 3G' O h? C r v^ .. Page 3 --- Form9 an,I ft Sher nrocf thereof 'AMII r �; Y ed �n oily c011. Sated certific<� 'r` . :.ca�'E -. ,r;ic:as attachoi 'there , in evidence of each or a.11 c t :e se.vcy=a,1_ in: ta�lments thereof, or may have co?zpelis for each o:� the fira c six install- or mentu ; which coupons shall be �ayabic either to=litham and CO. _ w or its assigns , o �Am J¢+ Cn — r to L _— —or bearer; and s,.zch coupons may De igned. ei` ther with the o_rig .nal or caith the faesimils signature of the May and City Clerk. V. Full power to make and i.e�vy re-assessments in any case and to corredt mistakes errors invalidit .es , or irregularities; either in assessments cr certificates issued in evidence thereof, is in accordance with iaw , v-ested 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 p oviding IV-11RG crdirances be read at ' more than one meeting and for more than one time be suspended, and requiring that this ordinan(,:, be passed and take effect as an emergency measure , and suc:tj rules are a.cc" r -�l�giy suspend dIhall Q,nd this ordinance is p,7,szed as an e:rerP;etiCY measure , an d s be in force and effect inir:ed.iatcly from and after its passage. Passed and approved thisjVCrth_,.-_day of _ Jules _._.. 1925 ,._ Thai cr ri ty of w,i—oM a -Pail .? Attest : - City Clerk.