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Ord 585 6/29/1925 Form #9 . ORDINANCE LEVYIT'G ASSESKIRNT FOI FART OF THE COST OF I_.'21`0VING A 201-'TION CF TILDEN STREFET IN THE CITY TEXAS, 1. CHARGE OF WICHITA F A IT AU LIEN L G' IY iF�7TY AND, -1 D THE OVINERS THE-i F,01 PROVID-YG FOR THE COL I 'ITS , AND FOR. THE LECTION OF SUCH -.1 -2 -X ISST.1iKCE OF ASSIaP,,`,BLE ""S T T_LFICIMS, t-,,'horeL,,s , the Board of Aldermen has heretofore by resolution passed, on the 20t.hday of A"Pril 192 5 ordered the improvo:�ont of Tilden Street in said City fr,,,-, its inter- section with th`­e-7To-F-r,1F�Tror_erty line of I g7tWWt' oits intersection the ilorth Vroperty ----line of Ozark Street, by raising, grading --nd filling ii�, ma and iustalling. and gutters and - -orced co p,,viiag with one course r;-O�� and contract for the i2ahing and construction of such i-,2provenlaents wRs let to L. E. V.hitham & Co. and the Eng- ineer file with the City roll or stIt57�_ont�showing descriptions of the various parcels of --butting property, the amounts to be assessed against etch parcel of property and showing other matters and things; and such roll or st-Aenient wffs examined and approved ; and after duo end proper notice, hearing ,was held and had ; and by resolution passed on the 15th day of June 19 2__AZ,5L_, Protests and objections made were overruled and the said he-,ring closed ; and INHERE'AS, all of,'-­Y thi-ng6 74n(i PT'C- requisite hereto hrt7e been done and porcorffl�(I ; and the Board Of Aldermen being Of the opinion that the %P)Orti,,ln-' Ont uf 010 hereinbelow made and set forth is in subst,anti'al proportion to the benefits to the respective parcels of abutting property in the ehhnnoed value thereof by means of such improvements , and is in .riccordanoe with the law and proceedink-s of the City, and that -the amounts hereinbelow shown and assessed --gainst 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 th:it 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 BDARD OF ALDERMEN OF THE CITY OF 71ICHITA FALLS, TEYDi , IfFIAT: 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 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 as follows : - II. The several sums above -.11entioned .assessed against said parcels of property and the owners thereof, respectively, together C) with interest thereon at 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- 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 Owners be named herein or not, and the said lien shall be and constitute ,q. 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 except state, county, and municipal taxes , and the sums so assessed shall be 94,yabLe _a s follows to wit : In six installments (annual) , due respectively on =C�� the date I of c ompleti on,one two ,three ,four �,-five Years after the date of c7r.q­p1:Z-tion rnd ,,_,cceptance by _fF_e_­C­_Tf,-7_,-,'17 said improvements, and the sums assessed shrill bear interest - date of such completion cmd accepta a4 nce . the rate provided , p­.,.,T .7)" annually with each inst-all,-.aeilt) and provided that if defatlt be made in the payment Cff any � _fncip,-.l or interest when due, - , Form # 9---Page 2. whole of the assessment upon which default is made shell, at the option of l,. E. AP-i tram & Co. or its assigns, be and become at once due and payable 'cf-,aI .e with reasonable attorney's fees and costs of cull ec ',i nn if incurred , and provided further that the owners of rush 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 shill not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said 15. E. Whitham 8c Co. and its assigns shall look solely to si�oh owners for payment of the sums assessed ; but the City of Tuiehita 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 non-payment of ad-valorem taxes, or at the option of the said U. E. 4hi th m %x Co. 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 propox-ty and the owners thereof, and the time and terms of payment, and to aid in the erifurc&tno"* thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and tccaptance of the work which certificates shall be executed by the 'iayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. Whit-hem & Co. or its assigns, and shall declare t e 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 as possible, shall contain a, description of the property by lob; 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 deseripti.on 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 invalidate or in any wise impair any oertifiogte 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 th#A.t the amounts thereby evidenced may be paid to the collector of taxes in the City of Wichita 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 spea,rate fund hereby designated as Tilden &tY Street Special Certificate Fund No. 1 ; and when any amount shall be made to the tax Follector 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 sh.i'l be the Treasurer's warrant for making such p .yr_nent. Pa.ymen is by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when the urincipal, together with accrued interest and all costs of cu>lleetion and reasonable attorney's fees, if ineu:rr;ed, have been paid in full. Said certificates Shall further recite substantially that all proceedings with reference to z.aaking such ' improvements have been regularly had in compliance ,,Ath the law, and that all pre- requisites to the fixing of the assessment lien against the prcr)-- erty described in such certificates and -the personal liability c -t the owner have been regularly done and perforr_ned, and ;uch als shall be prima foe io e>>idr c e 0f the fa^ � so Page 3 --- Form 11t9. an3 A0 Wither proof thereof shsj3j ibe ie :L,4red in any comer Sated certificates may ha'�'e orpons attached 4-hereto in evidence of each or all of the several installments thereof, or may have coupons for each of the first six install- ments ; which coupons shall be nayabie eit'_Zer to Z E. m_. & Co. or its c-ssigns , or to L• -"'� 'M�n o• or bearer; and such coupons may be ;i�Ted either with ith the original or with the facsimile signature of the Mlay and City Clerk. V. Full pourer to make and levy re-assessments in any case and to corredt mistakes , errors, invalidicies , or irregularities; either in assessments er certificates issued in evidence thereof, is in accordance with law, vested in the City. V1. 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 that, ordinances be read at ' more t3an`gne mee;tin .nd for more than`qqne time be suspended, and requiring tat this `vrdirarin be, passed a take effect as, an emergency me urea , and, suer- tules\\are a.cc�_C ingiy suspended, and thi.v' ordin nae is ssed as ar_'\em.erg ater encyeas�ire , and shell be in force and`. effect myndiataly from and its passage. 1 Passed and approved this 15th, day of� „i 1°2 5_ City of Wicii to Fa11s. Attest: - City Clerk.