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Ord 295 7/6/1925 ORDINANCE LEVYIITG AS)SESSI'J"E21T F05 OF THE COST OF 1`2ROVING A ?OPTIOIN C11-51 ARTHUR STIP-17_71,1 71J 7,T!T_CTT`f OF vilCHIM FALT,S ZY, '7 1 rTi7r. C, �� H �D � E AHD LIEN 1.GAINST AND THE OVINERS THERFCF, PROVIDIITC. F3R THE COL' LEMON OF SUCH ASSESS14TENTS, AND FOR THE I S S M-I ITME OF ASSTGN.':,,BLE 'C'E."'TIFICATES, AND DECL.LRING AN EMR-AGENCY. 4 ,,�ihore,-,,s , the Board of Aldermen has heretofore by 'resoluti(M passed 'Dia the 20thday of April 192 5 , crdored the iraprove,::aont of Street in s�iid City from its inter- section with t.h-e-AX"tXo-utl--.�r—oiperty line of Saymour ad QjhbeaLt to its intersection with the South Curb line of Ave. K by raising, grad—ing �-,nd' f ill in7g same and installing and pr-lviiag with and contract for the making and construction of such i,-2prove72onts was let to L. E. Whit ham & Co. and the Eng- ineer filed Mth the City roll or­­Statemont sE-owing 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 statenient was examined and approved ; and after duo and proper notice, hearing was held and had , and by resolution passed on the 6th day of July 192 5 all Protests and objections n7ade were overruled and the scTd_he^ring closed ; and V,,'HRREAS, all c,ird thingo nlia pro- requisite hereto have been done and ro-cf:,Od ; and the Bo -rd of Aldermen being of the opinion that the apportionment uf the c,,),qK-4 hereinbelow made and set forth is in substantial proportion to the benefits to the respeotivo parcels of abutting property in the ehhanced value thereof by means of such improvements, and is in a.ncordanoe 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 that 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 ICHITA 17ALLSt TEXAN, TEAT- I. There shaee be and is hereby levied and assessed 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 several amounts assessed -against same , together with the total amount assessed , and the names of the owners of such property so far as known being ns follows : - The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the r,-.Ite 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 -iade a lien upon the res- pectiveDparcels of property against which the same are -assessed qnd 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 par mount lien thereon, superior to all other liens and claims 'excep ,, state, county, and municipal taxes, and the Sur's so assessed sh'-,11 be ,is follows to wit : In sixeC, installments (annual) , due respectively on or beforuthe date of completion onetwo,,three ,foir & five Years after the date of con,TiT�__ction 7,na ,(Iceptance by Ci_ V C,It� said improvements, "d the sums assessed shall bear interest date of such completion ^,nd acceptance at the rate provided , 1)!"r annually with each install:-.aent, and provided that if any 7 j defalil+ 'b e made in the payment cd 7 4-neip-1 or irte-eet v:hen due, t, Form # 9---page 2. whole of the assessment upon which default is made shall, at the option of Lz E. 11ii tham & Go. __.__ or its assigns , be and become atonce due and payab_1 toga-crer with reasonable attorney's fees and costs of coll.ecti(,n if incurred, and -ovovid&_ further that the owners of such trope:-ty shall have the rigbt 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 shill 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 & 1'o. and its assigns shall look solely to such 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 Wichita 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. Be Whitham_8c Co. or its assigns, the payment of ss Aid 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 propextty and the owners thereof, and the time and terms of payment, and 'to -aid in -Che . enforoajjncrit thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and ;Lcceptanee of the work whioh 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 L. E. Whithl & 1;Q or its assigns, and shall Zeclare 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 fs possible, shall contain a description of the property by lot and block number or front feet thereof, or such other descr :_p'�ion as may otherwise ' identify same ; and if the property sha)_1 be owned by an estate, then the description thereof Ss so owiar,d shall be sufficient, or if the mae of the owner be unknown, than to so state shall be sufficient, and no error or mistake in describing any property or in giving the name of owner, shall inv�_.lida to or in any wise impair any certific4te 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 ths.t the amounts thereby evidenced may be paid to the collector of taxes in the City of Niehita 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 spearate fund hereby designated as Arthur Street Special Certificate Fund No. and when any amount shall be made to the tax c'olleetor upon such certificates, he shall upon prezentation 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 warrant for making such pE.yment, Payments by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when -os:incipal, together with accrued interest and all costs of cu>:_J.ecton and reasonable attorney's fees, if ineu}y. r_>d, have been paid in full. Said certificates ti: ,a 11 fur-thur recite substantially that all proceedings with refurence to :raking such ' improvements have been regularly had in comr-7 iance kith the la,w, and that a?.l pre- requisites to the fixing of the as 7ess:::ent lien against the pr. cp- erty described in such certificates and -L-he personal. liabiliby cf the owner have been regulaj:-:'. T done and perfo7-, r_�led, and ..^,i.ch Met: als shall be pr. ima fao.j. e r ;, t �- so r( ci � �c'., Page 3 --- porm anTr c o LIA j1p J ana no f2rther proolf ..n S arl a ca,: `U­i f liat­e attached thereto in evidence of each or a,.!- c ('I�c several installments thereof, or may have coa c�js for each of the firs'; six P I install- ments ; vvl�ich coupons shall be ppyable eit'_-ie_rTo_ _f._T_. _WThgtha. M_ and Co. or its ass.-'Agns , or to L. -1-- Iki tham and Co. or bearer; and such coupons may be sigric'i either with the original or with the faesimile- signature of the May and City Clerk. V. Fall power to make and levy re-assessment's in any case and to corred.t mistall:es errors , invalidic4es , or irregularities; either in assessments or certificates issued in evidence thereof, is in accordance with law, vested in the City. VT. The fact that the impro,7cnients herein mentioned are being delayed pending the effect of thi-s ordinance , and that the Condition of said portion o-,Lf st:^eet enlargers the public h3alth and safety, constitutes and creates an urgent public necessity requiring that the axles ar,2oridirE, thp.-O' orairances be read at * more than one meeting nd D_-,x, more than one time be suspended, an(! requiring that this ork,'Linan�, e be passed and take effect as an emergency measure , ajad SU-_)l are acco :01-ingly suspended, 9-nd this ordinance is pa see as an enner,,-;eno�., measure and shall be in force and effect imrr..,3d-';_ata1­ f_om and after its passage. Passed and approved this 6th day of July 1925 7,7 "6 L y ol DiTlifa ba. Attest : - City Clerk.