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Ord 584 6/29/1925 ..Xorm9 ORDINI''NCE LE-YY12 �SSESSVIE1 Clr PtiRT OF " ' THE COST OF I .u'F_7tiTTt G A 2C?T7011 CF ?ALLEY IN BLOCK 172 S``c".-,T Y 'TT�� GTTY 0 ?iCI I1,� iIJ.�,� l 4 - ^ CHI�RGE 1 ABDT "aEN �.G I T ter,,.}} ,�, .;�, ,. , e T 1 THE OWNERa `HE?N OP, Pl:0V_1FFD11TG POR THE COL* LECTION OF SUCH ASSESS ai3TS, AND FOR THE ISSUANCE OF ASSIGNABIE CERTIFICATES, Whoref�s , the Board of Aldermen has heretofore by resolution Passed on the 9th d.a,y of Larch 1S2 5 , ordored the improve-zont off 1 B1k 1 2 in y f said Citr )m its inter- section with the o7--h--7ro ert- Line of 8th St. f o its intersection with the liart'n Prpperty line of 9th Street, by raising, grading ing ancl f ili ing same and installing and paving with one course re creed concrete and contract for the making a d construction of such i rovements was let to L. E. Whitham & o0 and the Eng- ineer filed with the City roll or statement showing descriptions of the various, parcels of abutting property, the amounts to be assessed against each parcel of proper-ty and showing other matters and things; and such roil or stater_ient was examined and approved ; and after duo and proper notice, hearing was held and had ; and by resolution passed on the 15th day of June 1925 , all Protests and objections made were overruled and the saEd ha^ring closed ; and WHEREAS, all o th er mfl t tArs and things nee—no ry and pxe-- requisite hereto have been done and por.forrned ; and the Board of Aldermen being of the opi :ion that the apportion-,ient of thn costs hereinbelow made and set forth is in substantial proportion to the benefits to the respeotive parcels of abutting property in the ehhanoed value thereof by means of such improvements , and is in da.ccordanae with the lave and proceedings of the City, and that the arsounts 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 improver,Ionts, and that the assessments so shown and made do not exceed the pro- protions of costs properly chargeable to such property under the lava and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF 1, ICHITA FALLS, I'EXAA, THAT: I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow men "' o-zied and against the owners thereof the sums of money below and itemized and the total amount set opposite the desc---1:-:-..Jn of ec,ch parcel of property; the several amounts assessed 7. -s.:. sa,,�e , together with the total amount assessed , and the namos os the owners of such property so far as known being as 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, if incurred, are hereby declared to be and made a lien upon the res- 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 Owners be named herein or not, and the said lien shall be and constitute a first enforcea lbe claim against the property on vhich assessment is levied, and shall be the first and parar_:ount lien thereon, superior to all other liens and clai.ss except state, county, and municipal taxes, and the sums so assessed sY,ll be pa.-.ble ,Ks follows to wit : In six equal installments (annual) , due respectively on the date of eompletion,one ,two ,three ,four 3c five Years after the date of cor p�etion�.r:' - cceptance�y-die C said improve-,_aents, and the sums assessed shall bear interest fl mn date of such completion f,nd acceptance ,at the rate provided , ,annually ivith each installimezzt, and provided that if def^lilt !-,e made in the payment aff ,Ir.y or i.r� aNc ; ', :veer. -due, t" Form 9---Page 2 . js whole of the assessment upon which default is made shall, a.t the option of Z. E. Whi tham & Co. or its assigns, be and become at once due and payable together with reasonable attorney's fees and costs of evllectinn if incurred, and provided further that the owners of such property shall have the right to pay any or all of the said insta,llements before maturity at any time , by payment of principal and interest accrued to the date of payment. III, The City of Wichita Falls shall not be in any manner liable for the payment of any sums assessed against any Sbutting property or any owner, but the said L. E. and its assigns shall look solely t7such owners for payment of the suins assessed ; but the City of Wichita Falls shall exercise a,ll 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 5,Vichita Falls, as near as possible in the manner provided for sale of property for the nonpayment of ad-valoreTMa taxes, or at the option of the said T E. Whitham & 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 property and the owners thereof, and the time and terms of payment, and to aid in the enfore,-)111 1tt thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and c:Lcceptance of the work wh.ioh certificates shall be executed by the .Mayor in the name of the City and attested by the City Clerk with the cor.poration seal, and shall be payable to L. E. ��� Q. or its assigns, and shall ceec aar`e�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 as possible, shall contain a description of the prooer. ty 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 description thereof &s 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 aescribing any property or in giving the name of owner, shall invalidate or in any wise impair any certifi.e;�tte or any assessment levied by this ordinance , Said certificates shall provide substantially that if same shall not be paid p ^omptly upon maturity, then they shall be collectible %,,iith regsona_ble 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 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 spearate fund hereby designated as Alley in Blk 172 J Special Certificate Fund No. and when"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 thereof when th(_: principal, together with accrued interest and all costs of ca7_yection and reasonable attorney's fees, if ircur.wcd, have n;;en paid in full. Said certificates ;all fvr i,her recite substantially that all proceedings with refer- .nce to maly"ing such ' improvements have been regularly had in compliance x+i;;h thj law, and that all pre- requisites to the fixing of the a3sess.,:ient lien against the prop- erty described in such cexti:ricates and -;-,he personal liabilit.- cf the owner have been regularly done and performed, and such roc:1. - als shall be prima faai , Page 3 --- porm 11�9Q and no 1w.-ther proof in any cowt* Sat.d ce:.-ti.f attached thereto in evidence of each or all of L Ui le sevcral --*Installments thereof, or may haTe coupojjs for each of the first- ,�izr install- ments - which coupons shall be -Dgyable eithZTF & do or its assigns , or to Z- or bearer; and such coupons may be signed_ eitherwith TE-TrEginal or with the facsimile signature of the May and City Clerk. V. Full poirier to make and ]Levy re-assessments in any case and to corredt mistalkesP errors, invaijOit "es , or irregularities; either in assessments or certificates issued. in evidence thereof, is in accordance with law, vested in the City, VI. T fa klerein man;�iNned are ,,Nhat the irAroveme nt/ being Bela ,e fa �ng the Vd: C t of - 11s\ o��diraj;�65e , (I thWthe said plortic e e e the pubic condition n of s r naahprs h,,aa I t h and saf, ty, \cons tit-Aes / .nd crr-,",qt s an urgen public i�eces,sitY requirin thAt the rule6- p,-Lo�vid` /a reh E; thpt cr'anances be d at ' more th n one, meeti -�?,.rjd foz, ore than o '% time be s4?�'fended, and requir n ng t ha t t h i,s n.a n,,T,V b e pa s s o d� n�d. ak e e f f 9/6 151 s an Y timer ncy me aiaa 'are suspend d, hisc jT �__�,e,.,jC ,rd in n�)� is pa an (cis �asure a X sand his 0hall be in f0rce an� in't ec 1­'­3d. aly from and ae its passage. 7 5 Passed and approved this __J5th_day of June 192__ dTtl-yof _T1;TF1_1jTj_7T11_1i:1_&' Attest: - City Clerk.