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Ord 572 4/27/1925 Form #9 ORDINANCE LEVYING �SSESSIZEM FOR PriRT OF THE COST OF I,112ROVING A PORTION OF BUCTILAITAN STRFET IN THE CYTT'f OF 41CHITA FALTS ,TaXAS, FIYINI" A M i11Gr E;r IT ABD LIEN 1"GAINST ABUTTINGA M THE, OVMRS THEREOF, PR0VI_T)TJ11,k.-r' 11-0-H THE COV^ LECTION OF SUCH ASSESK'7,NTS, AN.-D FOR THE ISSUANCE OF ASSIGNABLE CERTIFE'LTES, AND DECLaIRING AN EMERGENCY. ',_ihore,­ws , the Board of Aldermen has heretofore by resolution passea on thelnd -. day of February 192 5 , ordered the improveziont of-Biu-1isnan Street in 771d Ci_fTfror.,j its inter- section with the- - -South-Property line of Ave$ H MAM. - t to its intersection with the South Property line of Ave L i 722 by raising, or-ding Fund fillinn, F.7_ie 'and installing concrete 0 g=Jaa gutters s� p,-�villg with one course reinfor te and contract Y`or_'fhTT_2a1:i'n_C and construction of such k-2provements was let to L. E. 'Whitham & '-;o. and the Eng- ineer filed with the City roll or E_t_atemcnt * showing� descriptions of the various parcels of abutting property, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statenient wtts examined and approved ; and after duo end proper notice, hearing was held and had , and by 0 resolution passed on the 13th day of .Aril 192 <11 Protests and objections made were overruled and the saA hearing closed ; and 'WHEREAS, and Pro- requisite all hereto hive been done and and the Board Of .klder:2en being of the opinion that the apportion-ent of the cyst 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 ,i.ocordanoe with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed -_against such P,-Lrc-1s 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-4t 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 ALDERMEN OF THE CITY OF 7�-,TICHIT.1� 7�A- S, TEX1,11, TKAT: I . There shaee 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 ns follows : - 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- pectiveDpareels of property against which the same are assessed Rnd 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 which .,ssessment 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 sh-i'_l be p,-;.yabL(,, as follows to wit -, In six e — -, L �,24tyux�.Z- installments (annual) , due respectively on or beforc� the date of completion one two.three f our ,&f ive "" - :-,- --7�T_ years after the date of c, s I ,n� , �._,­c e p c a n c e by -t -e--0-i-t-y-—c said improve:,ients, ,ind the arse: sou shall bear interest f r o r-, date of such completion nd .iccept I anoe at 'the rate provided , y 7 annually with each install.-_ient, and P roV4 dea that if defa 1i 14- c made in the payment of any -r, _4ncipal or interest when due, t' Form # 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. ,. Whitham & Co. or its assigns, be and become at once due and payable 5o,T,6 :er with reason .ble attmr.wy's fees and costs of eo17.6etinn if incurred, and provided further that the owners of such propeM-'y shall have the Tight to pay any or all of the said instullemcn.ts 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 ,ny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. E. 4hitham 3C ''o0 and its assigns shall look solely to such oviners for payment of the suss assessed ; but the City of Wichita Falls shall exercise a,11 of its 1^wful but 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 .,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. Whitham & Co . or its assigns, the payment of said sums and said liens and li.abil- 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 enforc.?wn* thereof, assignable certificates shall be issued by the City of 'Wichita Falls upon the completion grid of the work which certificates shall be executed by the 4ayor 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 ; sal 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 Rs 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 thereon &s so owned shall be sufficient, or if the mae of the owner be unknown, th�na 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 certifio@,te or any assessment levied by this ordinanoe Said certificates shall provide substantially that if s%rye shall not be paid promptly upon maturity, then they shall be oolleetible 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 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 Buchanan Street Special Certificate Fund No. 1 ; 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 Treasurer's warrant for making such p-yr_ient. Payments by the Treasurer shall also be receipted for by -;he holder of such certificates in writ- ing, and by surrender thereof when c!;e principal, together with accxied interest and all costs of co�'.lec cion and reasonable attorney's fees, if ineu-:w__-i�d, have n,;;en paid in full. Said certificates �`_a.11 fvr-h;_;r recite substantially that all proceedings with refd_­.-nce to In^111-ing such ' improvements have been regularly had in compliance ��iith the law, and that all pre- requisites to the fixing of the assessment lien against the pror- erty described in such certificates and ;:he personal liabil i`Tr the owner have been regularly done and performed, and als shall be prima 11AG19 e jr grlc e of tb-) Page 3 --- Form ;r9, an3 no further proof thereof shaI_1 3;.; ;n any coy rvo Sa-Ld certif ivates me y haai'e attar-h d. theroto in evidence of each or all of the saveral i-ns tallments thYeroof_ 9 or may have coizpo�is for each of the firs ,.. ;3, instal? ments ; which coupons shall be payable either to Z. E. 7hitham & Co. or its assigns , or to L•-'X-.-''a`FIu"Fam & Co. or bearer; and such coupons may oe signed. either with the original or with the facsimile signature of the May and City Clerk. V. Full power to make Paid levy re-Ell,sse ments in any case and to corredt mistakes , errors, inv��'.i:!.i ._ s ; or irregularities; either in assessments or cer_ t4-Ficates i.s; ue cz in evidence thereof, is in accordance with law, vestted in til.e City. VI. The fact -I.-hat the impx-ovements herein mentioned are being delayed bending the e_°ye t of this ord-inance , and that the condition of said. portion nf street endangars the public health and safety, constitutes and creates an urgent public necessity requiring that the rules providing that ordinances be read at ' more than one meeting and for more than one time be suspended, and requiring that this ordinance be passed and take effect as an emergency measure , and sajh ?pules are acco Jingly suspended, end this ordinance is passed as an emergenuy measure , and shall be in force and effect immediately f_~-om and after its passage. 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