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Ord 594 7/6/1925 F o-cm 9. ` ORDINANCE LEVY ITTG ASSESS1,TE1TT POE Fti.RT OF THE COST OF IIIE?POVING A PORTION OF CLARENCE AVENUE IN THE CITY OF WICHITA FALT S ,TEXAS, P IY ING I CHARGE ARD LIEN iGAINST ABTJGfTING iROPEPlY ATJD THE OOdNERS THEREOF, PROVIDING70R THE COL' LECTION OF SUCH ASSESSI EN`'T'S, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFIC,'MTES, AND DECLARING AN EMERGENCY. � y tuhoreEis , the Board of Aldermen has heretofore by resolutip passed. on. the 27thday of _ Oril 192 5 , ^ordored the i;mprove.zont of C arl ence Ave. t in Fiid City fr,)m its inter- Section with the was "Fro erty line of Monroe Street to its inter. section with the Pest Propert�r ine of— Giddin� Street, by ra.is ing, grad ing -nd f ill ind same and installing concrete curbs & g'utteaad p�,viizg with one course reinforced concrete and contract for the i_;ahing and construction of such improvements vms let to y $- _tham & CQ. and the Eng- ineer filed with the City moll or state lent 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 statenient ,vas examined and approved ; and after duo -nd proper notice, hearing was held and had ; and by resolution passed on the 6th day of July 192 5 <11 Pro-tests and objections Made �Iiere overruled and the sad her-_ring closed ; and ',7HEREAS, a1I_ thinso ri <t and n7v requisite here to h-ave been done and pc,t r( rp:,r d; -and the Board of alder=len being of the opinion that the >npportionment vl the cost:; 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 improve%"rents, and is in 'ancordanee 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 the benefits to such property in the enhanced value thereof by means of such improvemonts, and th .t 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 B lkED OF ALDERMEN OF THE CITY OF 7c7ICHITLI :BALLS, TELIU, `IE'AT: I. There shaee be 1-nd 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 rs follows : II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon at the rate of eight per cent per annum to- gether with reasonable attorney 's fees and costs of collections, it incurred, are hereby declared to be and made a lien upon the res- pectiveDparcels 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 o,;vner_s be named herein or not, and the said lien shall be and constitute a first enforcea.lbe 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, , nd municipal taxes, and the sums so assessed shill be as follows to wit : In six eq :a:" xt� installments (annual) , due respectively on or before the date of completion,one ,zwo,tbree ,four & five Years after the date of cvn%: _.etion ; .rid ,ac'cepcnnee by e City cf said improve;:.ents, and the su-2s assesceci shall bear interest from date of such completion =, .d accept-ance at the rate provided , annually with each inst1.:yll::lezt, and provided that if defaul+ be made in the payment ott and yY, :��.cip�.� or inte~etit when due, tr Form 71 9---Page 2 . _ whole of the assessment upon which default is made shall, at the option of L. F� ham .Co. ar its assigns, be and become at once due and pa77EE ,cgezher with reasonable attorney's fees and costs off' col�.ection if incurred, and provided further that the owners of such prope._-iy 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 sh;T.11 not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. 1. WhItham & Co. and its assigns shall look solely to such owners for payment of the suns 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 ',-;ichita 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 said its assigns, L. R. Whi them & Co. or S , the payment of said sums and said liens and liab il- ities shall be enforced in any court having jurisdiction, IV. For the purpose of evidencing the several sums -assessed against said parcels of abutting prop,�rt:y and the owners thereof, and the time and terms of payment, and to - M in the enfuro-enelitr thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion Rnd :,cceptance of the work which certificates shall be executed. by the 'Tayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. B. Whitham & Go or its assigns, and shall Teclare the ss saidamounts, 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 sha11 be owned by an estate, then the description thereof gs 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 inva3.ida;;e or in any wise impair any certifiogte or any assessment levied by this ordinance , said certificates shall provide soxps-i':antially that if same shall not be paid promptly upon ma, ;ur '-y, then they shall be collectible with reasonable attorneyts 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 17iehita 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 Clarence Ave . StmEx3ftSpecial Certificate Fund No. 1 ; and when any amount shall be made to the tax cowlector upon such certificates, he shall upon preaentation 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 sh-ill 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 thereof when -she principal, together with accrued interest and all costs of collection and reasonable attorneyts fees, if incur.,,ed, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance ­!i h tree law, and that all pre- requisites to the fixing of the assessment lien against the pr. cr- erty described in such certificates and 'Uhe personal liability e f the owner have been regularly done and perfo-_r:,F,d, and such als shall be prima, fac io t h � c Page 3 --- Form #9. ana no Wither proof- i.n an coart. S a,,-�'A -n t I s a t--'(-,a--h o d theref,0 ns',- in evidence of each c- i. " lman's thereof, or may have coupo-(-�,2 "'e.'t- aach of the S",—, " I six install- ments, ; which coupo.,,-s shall be p-(yable eit.:ier to L- B Whitha . -1 . __M_ and Co or its asq.1p-'ns , or to L Whit 00 bearer; s7)ch coupo ns may be signed either V—Vi original or with the fl"acsimils signature of the May and City Clerk, V. Full power to make and levy re-assessments in any case and to corredt mistakes ' errors, invaliditi ties ' or ir--egularities; either in assessments cr Certificates" c I L issue in evidence thereof) is in accordance with lain, vested in the City, VI. The fact that the improvements herein mentioned are being delayed pending the effect of' this and that the condition of said portion of st�7eet e&-are3rs the r'-ublic h3a" th and safety, constitutos and creates an urgent public necessity requiring that the rules -.providinp, ordirances be read at * more than one meetin- End for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and su-cl-i < u1Ps are suspended, and this ordinance is pat�=!ed as an emn?'genc,'y' measure , and shall be in force and effect- in-.rr,,6-. at,--,Iy from and of terits passage. Passed and ap- pxoved this -6th --&ay ofJul' 192 5 ............... i Wl;; 1ja Attest : - City Clerk.