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Ord 575 5/18/1925 Form ORDINkNCE LEVY13"a PiSSESS'DUMT FOR PART OF THE COST OF I 11t'ROVING A PORTION OF COLLUS A XTKM IN TH3 CITY -, 7A CHARGE IiICHITA FALLS T_F!XttS, IT AHD LIEN �IGAIN3T ABUTT11MU D R 02_� 4'T 111Y A D THE OWNERS THE'ECF, PROVID-LPG FOR THE COL LECTION OF SUCH ASSESS!,,7ENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. Whorei:,s, the BO�Lrd of Aldermen has heretofore by resolution passed on the 9th day of larch 192-5 , ordored the improvemont of-0—ollins Ave . jb_� in said City from its inter- section with the past_7u_rB_ line of Baylor Street -to its in-tersei—tion with the North Curb line of Harrison - Street, by raising, grading =n filling same and instarl—ing concrete curbs & gutteand p,-.ving with one course re n creed concrete and contract for the making and construction of such improvements wRs let to L. E. VVhitham & Co . and the Eng- ineer file T with the'City roll or statement showing descriptions of the various parcels of abutting property, the amounts to be 4ssessed against each parcel of property and showing other matters and things; and such roll or statement ,-,rfts examined and approved ; and after duo and proper notice, hearing was held and had ; and by resolution passed on the 4th day of i.lay 1925 f all Protests and objections m7ae-773-Ye overruled and the salF hearing closed ; and WHEREAS, all ut),_ojo rrlr: ct,­n axid thinga and pre - requisite hereto have been done and and the Board Of Aldermen being of the opinion that the %PpOrtionr.,Ient Of the 011-)SCIO hereinbelow made and set forth is in substantial proportion to the benefits to the respective Parcels of abutting property in the ebhnnoed value thereof by means of such improvements , and is in '-,ocordanoe with the law and proceedings of the City, and that the a-mounts 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 improvements, and th4t 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 B)ARD OF ALDEMSN OF THE CITY OF V,1ICHITA FALLS, TEXAM, THAT: I. There shaee be and is hereby levied and assessed against each parcel of property hereinbelow mentioned and against the owners thereof the skims of money below mentioned and itemized and the total amount set opposite the descriptier of each parcel of property; the several amounts assessed against same , together with the total amount assessed, and the names of the 3viners of such property so far as known being ors 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 -)pareels 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 oi;vners be named herein or not, and the said lien shall be and constitute a first enforcealbe claim against the property on which assessment is levied, and shall be the first and paramount lien thereon, superior to all other liens and claims except state, county, ­,nd municipal taxes, and the sums so assessed shill be p.-wyable as follows to wit : In six eq-T.-a1f*tp=yT.&4- install--lents (annual) , due respectively -on or bore the date of comi)letion,one ,ti,7o ,three ,four ,& Five rid ,_oceptance by -e Ci y Years after the date of c -7, 1T-'t10n said improve Tents, and the sums assessea shall bear interest date of such completion find Icceptarce -14. the rate provided , pr7�,y­ " , U annually with each installT.aent, and provided that if defatlt be made in the payment of any 17 -incipal or into -. eot when diae, Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. E. rJhitham 8c %o• _ or its assigns , be and become at once due and payable ',ogather with reasonable attorney's fees and costs of c®llection if incurred, an..d provided further that the owners of such prcper�ty shall have the right to pay any or all of the said installements before maturity at any time , by payment of prilieipal 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 L. E. Witham & Co.and its assigns shall look solely to suc owners or payment of the sums assessed ; but the City of 1wiehita 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 'gichita Falls, or near as possible in the manner provided for sale of property f the nonpayment of ad-valorem taxes, or at the option of the said or L. F. lWhitham & Co. its assigns, the payment of said sums and said liens and lisbi7-- ities shall be enforc e1 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 Gee enfor°i37rieii thereof, assignable certificates shall be issued by the City of 'A'iohita Falls upon the completion F,nd ;-Lcceptanee of the work which oertificates 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. `�dhitham & Co. °r its assigns, and shall Tec are e said amours 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 as possible, shall contain a description of the pro,)erty 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 f,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 ordinance , Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be oolleetible with reasonable attorney's fees and costs of collec-', , ion if incurred, and shall also provide substantially th .i; the amounts thereby evidenced may be paid to the collector of taxes in the City of WTdiehita 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 Collins d.venue Special. Certificate Fund No. l d wen any amount shall be made to the tax co lector upon such certificates, he shall upon prestentation 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 certifica,te 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 p, yment. Piyments by the Treasurer shall also be receipted for by 'she holder of such certificates in writ- ing, and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if ineuNcd, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance ,Yith th ; law, and that all pI°e- requisites to the fixing of tho assessment lien against the p�R�-Y��- h certificates and the personal. 1iabj`_j iL" erty described in suc the owner have been regulerlyy done and performed, and such gX8 shall be prima aG3" ' FVi -C3LtGP 0 t n8 ctn �`n1 n ' . Page 3 --- Form #9e and no ether proof therauf in an7 Sara in evidence of each or all Gf t h,,�r c 0'-� 'in' each "h( t a or may have colipo, 3 :Oor a c h o I t 'i six itham Wh menus , which coupons shcall be -pqyable & CO or its oz ♦ - XxXx5e5--x or bearer; s-ich ccapul-S Lla Y -e s).gne-- either withT-h-e—CFI-ginal or with the facsi-,nijo signature of tho May and City Clerk. V. Full power to ma- k." 1(--�Vy irregularities; r(,,--E,.ssPEsmentsin any case or 7a-'- and to correct :�ias is—auJ. in evidence thereof either in assessmcnts is in accordance- vvit-ii 1-51vj , OL in the ;its . VI. The fact that -IL-1he iraprovements herein mentioned are being delayed pending the. effect of this ordinane,,e ,I and thpat the J c hga'_' ,Ij h condition of said portion of st'-reet enaangars thepublic: and safety, constitutes and creates an urgent pu!Dlic necessity requiring that the rules p--�ov-iding thp.-lu- ordinances be r6a.(I Et ' more than one meetin7,, -2.nd f,-)z- more than one time be suspended, and requiring that ox"Iir.anc,-;e be passed and take etfect, as 'r, emergency measure , -ruip - ended, "e and SI,ri s are. -Y SuSP a t 'Ure a shall this ordinance is pa sse I-t a,S an emp, as its 7 passage. be in force and effect ir'2.ff,,�d_� , -orl &T,,-d af-uer �.ataly f 4th qay of !gL-- 1032 Passed and approved this -Y of LLV, flu is a13s, - Attest : - Cie_-k.