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Ord 576 5/25/1925 Form 7r9 S 7,7 ORD IM""NCE 1,EVYI-`Gr '�S`SES i _,NT F01 PART OF THE COST or A, 20?TION CF V T 1Y TIE G OF 11UHITA FAL.�EJT_ ;!P , 1,"1_,-r_JTG' A CH21RGE T�4 ABD LIEN LG1'JIN0-T IDROPK TTY AT D THE, 0111NERS THEREGF, PROVIDING FOR THE COV4 LECTIOV OF SUCH ASSESSIMITS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, --A#D- r � �Iy. WhoreEas , the Bo�.rd of Aldermen has heretofore by resolu*L-l"Lon passea on the 23rdday of 2ebraarj 192 5 , �Drdored the improve:nont of­7L7i:1c/-lor Street in said City-from its inter- section with the T3orth Oilr_T line of z to its intersection with the T north Curb line of _eve. _LJ by raising, grading_=nd fi113ng a and iiistalling concrete curbs and gutters and ptiLving with one course ral_ creed co- aar-a-t e and contract for the i1aking and construction of such improvements was let to It. E. 'Whitham & Co. and the Eng- ineer filed: with the 0 ty roll or state,-�on'd sho�,Nir7g descriptions of the various parcels of abutting property. the amounts to be 4SBessed against each parcel of propert-y and showing other matters and things; and such roll or st,,ite,-_.,ent vas examined and approved ; and after duo end proper notice, heariiie was held and had , and by resolution passed on the -,.1th day of _"a-v 192 ' all Protests and objections made were overruled and the sa+E75�,.ring closed ; and WHEREAS,REAS, ,-,I- . othcrr, -,if---, bters and things necessary and. pre-- requisite hereto have been done and and the Board Of Aldermen being of the opinion -that the of tho cos b:4 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 improvements , and is in ;accordanae with the law and Proceedings of the City, and that the amounts hereinbelow shown and assessed against such parce." s of property do not in any case exceed the benefits to such property in the enhanced value thereof by means of such improvements, and that 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 BDkRD OF ALDERI EN OF THE CITY OF 'qriICHIT-A F.,1LLS, TEX.,�, T-HAT- I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow and against the owners thereof the sums of money bellow and itemized and the total amount set opposite the desc7-J_p`-ii,,-n of each parcel of property; the several amounts assessed against same , -together with the total amount assessed , Ind the nanles of the owners of such property so far as known being ns follows : — II. The several slxnas 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 h.)reby declared to be and made a lien upon the , res- Pective,3parcels 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 claim against the property on ,-vhich assessment is levied , and shall be the first and para- r-ount lien th3roon, superior to all other liens and clai-.-2s except state, county, and municipal taxes, 1 and the sums so assessed shall be p,,LY,-,bla ( s follows to wit : In six ins tallnients (annual) , due respectively on or beforo -'-Ile date of comrletion oi-ie v,,o .thrae -Poiir -P*, ve Yearsafter t h e date o f c o n-I p cation �y e C`i tj said improvements, -ind the sums assessed shall bear interest f r � date of such completion rmd acceptance at the rate provided , ,annually with each installiieiat, and pro-Tided that if defryult e made in the payment cd art 7 -nci-pi7 or Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. L. ihitham & CO - or its assign,, be and become at once due and payabla uogather with reasonable attorney's fees and costs or collection if incurred , and provided further that the owners of such property shall have the right to pay any or all of the said installements before maturity sat any time, by payment of principal and interest accrued to the date of payment. IIS. The City of Wichita Falls shall 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. 'i'Phitham &- Co. and its assigns shall look solely toos uouowners for payment of the sums 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 ',,Viehita Falls, as near as possible in the manner provided for sale of property for the non-payr,ient of ad-valorem taxes, or at the option of the said L. c ah 1.t'ham Pam^. V o. 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 enforoofltc,zt thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and :_-,coeptance of the work which certificates shall be executed by the :Mayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E . ih _t} a.� Q Co. or its assigns, and shall declare the sa d amou�zis, time an 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 ss 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 as so owned shall be sufficient, or if the mae of the owner be unknown, th Dn to so st-ate 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 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 that the amounts thereby evidenced may be paid to the collector of taxes in the City of ?,*diehita 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 'a ;lor Street Special Certificate Fund No. 1 and when any amount shall be made to the tax co lector 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 /he 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 -tlo principal, together with accrued interest and all costs of cal1_ection and reasonable attorney's fees, if ireu,.~_:•cd, have boen paid in full. Said certificates F11,all further recite substantially that all proceedings with refs r'.nce -U-c ma king such ' improvements have been regularly had in compliance ^7ith th3 law, and that all pre- requisites to the fixing of the assess,�ent lien against the pr. cr- erty described in such certificates and the Personal liabil itvT C f the owner have been regal,,-r'J.y done and performed, and s7ich - als sha11 be prima fa I. ?;T 'J'iC e o T th? ^, 1 'C rc C Page 3 ana no fl ther Proof thereof :;�Will bt, in an-VY J. court, a�S a-h-d her,re t attd -_e.z-t JLJI' -,-a- y in evidence of eac-11 o.,- al! cf sctVeral s_ls talarnant-s them a-F or may have ccupr,As for each of the firs u'- Jix ino tall ments ; which coupons shall be -Dqyable either to U1 or its as or to Co. Li XXXXX —or bearer; and sl�ch coupons may be s:;*-glied either with the original or with the facsimile signature of the Ylay and. City Clerk. V. Full power to make aid levy re-assessments in any case and to corredt mistalk.es , errors, or irregularities; either in assessments cr certificates isOued in evidenc,e the:?eof, is in accordance with lam , vested in the Oi-cy, VI. T�k f t t 11 the -'Pr`3-Te Z-S AEI_ 'nI_n nntiAea a 0, _q 4 t be ng de ,a e at.,na i the J!_J-e t tu,I -�o ti con itioh �t er/��,arr, uiNic -1?, it I f/sa�(! i c n' s-cz e e C_A 14- S S iu -ae SIII at s �In and af6ty a'nd 0 n, 'n _c I g t a e 7a' �i- , -ti.- h IC,- e ty" ica s a requi a,t'in ".ke r 7; 4 G,'Y -V. a a nL g, h P c r.,,3-i r a r s be read. a more ," t an 9 e in"- f 2�-f -,f,,c--e u 1--an Ae t i yfo be sus pe na a apa fj Z:e f f requiri k--�t�'-r,h- A n;i 1: as n V Ile g 0 u,n pemerge m aia , 2Zd,' d thisrd Al /;,.n c q hal Me as u af-L 4- o m ate,in force and of fVc . - IrD 6 a 1 Y f its ppssage, Passed and approved this _11t!- day of 1`4 L C Ju -._I _o 1�7i �ta Attest : - City Clerk.