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Ord 590 6/29/1925 Form 49 . V ORDTNINOF ART Or T0VYI7G '13SESSi,717 F0 PART THE CCST or I:,12-. -DVI_NG A 20?7_10'T CF -i-A - -gTy,. 173 STT,FST 1N THE GTTf 1 11 0 7 OF 71-10HILl� F,=L��-)_� VIKAS . F L:' ?GE AHD IJIEN � G;JNST &BIRTTS; 2FC__PRrZ7PY A.T�D THE Olr,,TNERS THEREOF, pj,0Vj-DjjTG 33R THE COL LECTIOD OF SUCH ASSESSIL'71,�,!TS, AND FOR THE 4 *NX LE C*!H',_,.ZT1JFICA`L'ES, ISSUANCE OF ASSIG B 17vlhoreas, the Bof.rd of Aldermen has heretofore by 're'sOlulc-ion passed! on the 20 day of A-pri 1 3.925 , ordored the improvement of i�lip ' Di-k j_ 10 -,-j4:2Lwt in said City fr�Dm its inter- section with the touth=r_OxFrty line of _Tr__7, E—t—jur_ vrit-h the 8th Street to its -te so -North rd-r—er-ty —line of nth Street, 2 by E—ising, 7FT f ill in-, Tme Tird. �Tllr, 711ilig and -mL7izig i-,1,itb, one course re ri t] f or 71e and contract for the i,,,%h_in- and consLrao io,l cf sv.ch i-np r o-7 e- e n t 9 was let to L. vil rind the Eng- E. th & ineer f ile777-rith the CJ_ty _r,-,3_l or descriptions of the various parcels of .cutting;.cutting; PxD-PrIA-Y, -'he amounts to be assessed against each parcel. of pr3p,--Cltly and q hov,j *ng other matters r ste,,Go__,en-0 axes examined and and things; and such roll o and after duo -nd proper notice, heariiag was held and had ; and 13Y resolution passed on the f 192 _]j�it-h - _. �Cy Protests and objecti,)ns Tn­�Iua WGrO hayr�' closed ; and V,'HEREAS, all other matters and things necessary and pre requisite hereto have been done and performed ; and the Board Of Aldermen being of the opinion that the r,,pportionment of the hereinbelow made and set forth is in substantial pro-portion to the benefits to the respective parcels of abutting property dn the enhanced value thereof by means of &uch d-nprove;nents , and is in -ccordanae with the law and proceed--'rgs of the City, and th'it the ",Iuounts hereinbelow shown and assessedinst such parcel:i of property do not in any case exceed -the benefits to such prnperl6y in the enhanced value thereof by mean-s of s(.('b im.provemcnts , and th.---,t the -assessments so shown and made do no,not exceed the 121,0- protions of costs properly chargeable ­U0 1h property under the law and charter in force in this City ; THEREFORE BE IT ORD.l�IYED BY Tl:'C� 1-,0." ALD OF ERTEN OF THE CITY OF V, ICHTTA 1'1i�LLSj TE' T There shaee be and is hereby levied and assessed against each -parcel of property herainbelow and ag-linst the owners thereof the suris of noney bel.o,v and itemized and the total amount set opposite the deso'-,'ipti3n of ewch pFrcel of property; the several amouil-'.-S assessed g 9aiiast same , together with the total amount assessed , nd the names 0 of the oviners of such property so far as known being P.3 follows : - II. The several suns above mentioned assessed against said parcels of property and the 'owners thereof, respectively, together with interest thereon �t the r%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 ras- 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 cwners be named herein or not, and the said lien shall be Dnd constitute a first enforcealbe claim against the property on ­vhich assossMent is levied, and shall be the first and paramount lien thereon, superior to all other liens and cla- i-2s except state, c0u!'ItY, and municipal to-xes, and the sums so assessed shall be pL,­,ble .`is follows to Wit : In six Oquai-xv 'I, Cyxzx�tz i ,stcillments (annual) , due rle'4on one two ,three ,fouc &,five respectively on ojCZK-X--ff-SFjft'he date of co-n-_ u 1 9 1 — 'T�1_ _o_n_,-q,c� -c,�,eptance by years after the date of c7n! Jrl T said improve�-ients, and the sums 3hall bear interest -f :err 7 date of such com.plotion ��nd - 1 , .1 cc e p t ar,­e the rate provided annually with each install, e.atj, and provided that if default be made in the payment cd arc -r-r _-7rcip,-1.7_ or. 172C,I t F Form 9---Page 2 . whole of the assessment upon which default is made shall, at the option of or its assigns , ?�. u. uJh1 t�.a?� & Co. be and become at once due and payable �ogat7�er with roar onabl e e.ttoroey's fees and costs of eoll.ection if incurred, anal ?pro • further that the owners of suca prope-l'y shall have the right to pay any or all of the said insta.11ements 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 any manner liable for the p a ment of any sums assessed. against any abutting property or anyowner, but the said L. E. 'bi tham & Co . and its assigns shall look solely to sucF—owners for payment of� the su.Ls assessed. ; but the City of Wichita Falls shall exercise all 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 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 Whi thaw & on or 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 in the enfora13rdolta thereof, assignable certificates shall be issued by the City Of 'Fiehita Falls upon the completion gnd ,acceptance of the work whioh oertificates shall be executed by the dfayor in the name of the City and attested by the City Clerk with the corporation seal, 01-11 and shall be payable to L. E. VIM team & u its assigns, and shall ec are the said amoun s, 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 Rs possible, shall contain a description of the property by lot, and block number or front feet thereof, or such other des__, ip'`,ion as may otherwise identify same ; and if the property sha'-I be owned by an estate , then the description thereof r,s so ewnea 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 describin; any property or in giving the name of owner, shall invalidate or in any wise 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 ejith 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 1,71ichita Falls, Texas, who shall issue his recetLpt 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 speara,te fund hereby designated as !' ley blk 173 zt Special Certificate Fund No. and wen any amount shall be made to the tax collector upon such certificates, he shall upon preatentation 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 thereof when principal, together with accried interest and all costs of co)1'_'1..ectior_ and reasonable a,ttorney's fees, if incu �?ed , h< ve n�-Aen paid in full. Said certificates s Y_all fvr chur r,ec 4_te substantially that all proceedings with reference to maw -ng such ' improvements have been regularly had in compliance ;; i h �tr - -law, and that all pro- requisites to the fixing of the assessmment lien against the prop- erty described in such certificates and the personal lia,bi.] it,7 cf the owner have been regularly done and perfornapd, and s7111) �. .- als shall be r a , ,�e of tr? _ �­, c- Page 3 --- Form L9. ana no further proof thereof in any co�Vrt. Sat-d certificates may ha�'e ^orpons attached therato in evidence of each or all cf t1�.e several :insta11 ments tho,r0o If or may have coupons for each of t t-he firs six install ments ; which coupons shall be p;,yable eit'... r. tom and Co . or its assigns , or to - — or bearer; and such coupons may be sJ.gned either with the original or wit the facsirril signature or the MTay and City Clerk. V. Full porter to make a.nd levy re-a.ssPssments in any case and to corred.t mistakes , errors, invalid_+_c .es , or irregularities; either in assessments or ce: tificates isoc-5- in evidence thereof, is in accordance with law , vested in the City-. VI. To f t that the i_r;i- v nts rlerei - m tion d a e being de la e nd in, t"hell e r o th_ s orc� .e ; a at the condition sa',c1 p Ir ofr �t enci_ r_ge s , tie publ ` health andfet Conti ute� reten n ,� at p lie cessity requiring tl t ti r�zl s; p-; ,r l ire 'thl,, ,�d inanue bq r ad. a t ' more t pan on mr tin _ nth oTr o"e ti,,9�' or 0 time b sub rnaed, and �' d a J , ke`�© ct, s, an requi ing th t his OX4, P timer ency me a r `, a,act and ;this ordi ancb is p� _ a a; ark e��9Erl; sa e nd shall be n force and of\fect imrv3d .ata1y from and after is passage. 1° Passed and approved this lthh day of June ichi.Ua r al s. Attest: - City Clerk.