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Ord 581 5/25/1925 Form 7r P ORDTIUNCE LEVY OF TFLE COST or A CF HOLLIDAY ST. IN T'ri.E CITY ­1 tTl _2GE , I " I OF 11CHITA FAL`,,,_) ,1 _"11_1)11C1 2(_ I AHD laIEN .,'1G.LIMT0 AIL D THE OWNERS THEI'7'17F, P11()V1_1)-_-i17G TEE COLt LECTIOD OF SUCH AM) FOR THE ISSU,il',CE OF AS.3D(,'_*t,�.,{J3.rjF, C',q,`._ZT1LFICAMS, AITD RECILLRING AN _PMKAGENCY. Whoreas , the Bo-, rd of Alderman has heretofore by resolutilOn passed on the 2nd day of March 192 5 , ordored the iraproveziont of —Street in said CitTfr�;,2 its inter- section with the Nort_hProperty line of lith Street to E�—Mdlbb the Oily Limits _1*zzXXfX R�F by raising, grading and filling same and iiastallin ---------- 1%cin n ate curbs &gutterand p,,,ving with T-7 e-on s and contract for the making and ocnstruction 0 such i.-apr o - was let to L. E. Whitham & Co. and the Eng- ineer filed: with the City roll or state,-2ent showing descrip-tions of the v,arious, pa- rcels of abutting property, the amounts to be assessed against each parcel, of property and showing other matters and things; and such roll or statement umts examined ,and approved ; and after duo Viand proper notice, hearing was held and had ; and by resolution passed on the 25th day of May 192 15 all Protests and objections m overruled and the spa-7—he-,ring closed ; and WHEREAS, all othoy mrcf;f)-n -Lnd things and P-rc- requisite hereto have been done and p,,*:rfo-rF11(FNd; and the Board Of Aldermen being of the opinion that the %pporti,:)nrient of the hereinbelow made and set forth is in subs tarti_-1 proportion to the benefits to the respective parcels of ,butting property in the ehhanoed value thereof by means of such improvements, and is - in aocordanoe with the law �ind proceedings of the City, and that the amounts hereinbelow shown and assessed ­g._,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 improvements, 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 B0,k1RD OF ALDERMEN OF THE CITY OF IVUICHITA FALLS, TEXiii-11., THAT: I . There shaee be and is hereby levied and assessed -against each parcel of property hereinbelow mentioi' ea and against 'one owners thereof the sums of money below men, --,ioned and ite-nized Ind the total amount set opposite the desolrilpticn of each. parcel Of property; the several amounts assessed ag:i}.no-tj same , together with the total amount assessed , end the names o `,he owners of such property so far as known being as follows . - Ii. The several sums above ­.qentioned assessed against said Parcels of property and the owners thereof, respectively, together with interest thereon 01,t 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 enforcealbe clairi against the property on ,-which assessment is levied, and shall be the first and paral-ount lien thereon, superior to all other liens and claims except state, county, and municipal taxes, and the sum _L s so assessed shall be 9,-,lTable its follows to wit ; In six 00UC1lf*CFm-zsxd-a in.-,t,,allnieiti �annual� die respectively on M upon 'the date of comp e , n,one , *o 9'Urree .four five, years after t h e date of c 5'mo 1-Jit—i-H.F-r-ELT 7,,c c e pta ne e bye e Ci_fy said improvements, and the sums assess-a shall bear interest -P_rc,- date of such completion f.nd acceptance at the rate provided , annually with each installmeiat, and pro-7-ided that if default be made in the payment cff ary f 4_ncip-'! or _Jrte-est ,when (iuc., t , Form # 9---Page 2. whole of the assessment upon which default is made shall, at the option of L. E. Whitham & Co. or its assigns, be and become at once due and payabla E,_o ;Wirer with reasonable attorney's fees and costs of coll.Gctinn if incurred, and provided further that the owners of sueb p:ocpe_ty shall have the right to pay any or all of the said in3tallements before maturity at any time, by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls sh.;all not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. E. Whitham & Co. and its assigns shall look solely too such owners for payment of the su.Ds 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 tag assessor and collector of the City of 1,,Viehita 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 L E. whit hgm & Est. 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 enforo,)nmoll* thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and ceeptanee of the work which certificates shell be executed by the 114ayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. Whitham & 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 oompletion 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 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 describing any property or in giving the name of owner, shall invalidate or in any wise impair any certificate or any assessment levied by this ordinanoea Said certificates shall provide substantially that, if same shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorneyrs 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 wiehita Falls, Texas, who shall issue his recetnpt 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 field by him in a spearate fund hereby designated as Holliday Street Special Certificate Fund No. and when any amount shall be made to the tax co-lector 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 Treasurerrs warrant for making such payment. Payments by the Treasurer shall also be receipted for by 'he holder of such certificates in writ- ing, and by surrender thereof when .the principal, together with accried interest and all (costs of collection and reasonable attorneyrs fees, if incuL _•cd, h,.ve Q; en paid in full. Said certificates '..all further recite substantially that all proceedings with refo_Mcnce to inal-cing such ' improvements have been regularly had in compliance ,*,ith the law, and that all pre- requisites to the fixing of the assessment lien against the p.rcr- erty described in such certificates and the personal lia,bll i 4 the owner have been regularly done and performed, and als shall be prima facie evi� ence of the rayl re r; n1 Page 3 --- Form #9, an3 o Inrther proof thereof shall bO ra,4.1..�re3 in any cou;+$* Sat:d ce.rtificates rn^y ,1a�,e .' �."l e�? attached 'hereto in evidence of each or all of the severa:L installments thereof, or may have colzpots for each of the firsv six install- ments ; which coupons shall be pg-yablo e it'zer to . Whitham & Co. or its assigns , or to L. i tbg-M- _ Cow._ or bearer; and such coupurns may be signed either wi_tF_the original or with the facs-ir.iie signature of the Ulay and City C1r.;rk. V. Full power to make ay�d 1pvy re-assessments in any case and to correct mistakes , er.MIk,rs, inval id'i-i,ies , or irregularities; either in assessments or oe.�tificatas issued in evidence thereof, is in accordance with .-LatN, vested in the City. VI. 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::oti iding that crdinances be read at more than one meeting a-nd for more than one time be suspended, and requiring that this ordinance be passed and. take effect as n emergency measure , and suo:n rules are a.ccoz d ingly suspended, and this ordinance is passed as an emergenT,7- measure , and shall be in force and effect irrrod ataly from arA after its passage. Passed and approved this _25th,_day of MAg r,� :�; y.._✓y.y of V;iQi�. a calls. Attest : - City Clerk.