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Ord 558 1/12/1925 A Form J, ORDINANCE LEVYI1TG ASSESSTivIENT FOh 1_,RT OF THE COST OF r�,IPROVING A PORTION !JILL STREE7", -1-N, `,"HE CITY 7 OF ',JCHITA FALTS ,TEXt!S_, VIL-77--il'i .6, r,-,,,_,FGE AND LIEN AGAINST AB70TINCI AT_,TD THE, OWNERS THEREOF, PROVIDING ' OR THE COL^ LECTION OF SUCH ASSESS11PENTS, 1*111D FOR THE ISSTJj.iNCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AN EMERGENCY. WhareF:,s the Board of Aldermen has heretofore by resolution - passed on the 17thday of November 192 4 , c rdored the improvemont of 11i 11 Street in­_9�Yid City from its inter- section with tiim- Austin Street to the South Curb line of Chester Street ITO S by ra is ing, grad ing -7nd f ill ing s.nme and ins to 11 Ing— and p,-ving with 7 and contract for the making and oonstruction of such i.-aprove cuts was let to L. E. ,6hitham &-Co. and the Eng- ineer filed with tH-e -City r611 or §­t—,-tt_e5_ont�sFo ing 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 statement wits examined and approved ; and after duo and proper notice, caring had ; and by resolution passed on the _Q:� L&'Z*�RY Of 2 6- all +�> protests and objections mate_mere overru and the a hearing closed ; and 1,71HEREAS, all other matters and things necessary and pre- requisite hereto have been done and performed ; and the Board of Aldermen being of the opinion that -6he -%p-f)ortion-ent of the costs hereinbelow made and set forth is in proportion to the benefits to the respective Parcels of abutting property in the ehhanoed value thereof by means of such improvements, and is in accordance with the law and proceedings of the City, and that C-) the amounts 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 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 ORD.11111TED BY THE BOARD OF ALDERMEN OF THE CITY OF 'ETICHITL FALLS, TEXAS, THAT: 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 as follows : - The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon zq�t the rate of eight- per cent per annum -fL-.o- gether with reasonable attorney's fees and costs ofcollection-3, if incurred, are hereby declared to be and made a lien upon the res- pective3parcels of property against which the sa,rne are assessed and a personal liability and charge against the real and true owners of such property, whether such oiiners be named herein or not, and the said lien shall be and cons-l-litate a first enforcealbe claim against the property on which assessment is levied, and shall be the first and par>mount lien thereon, superior to all other liens and claims except state , coi­o.ty, f-�nd municipal taxes, and the sums so assessed sh-11 be p..-.,y�'.`J_e as follows to wit '. In six installments (annual) , due respectively —on or beTTr_cthQ t T-nip lori .oLQ .two thregf-g-,-)Rr & .five c.t i o n ri d ,'coer .-,ance by the City ra� years after the date of c M said improvements, and the su,-as assessed shall bear interest T a. date of such completion �,md ricceptlar_3e at the rate provided . J annually with each install-aoiits and. provided that if defaiAlt made in the payment Off any z 4-ne ipal or interest T-!h.-n ftc- Form r 9---Page 2 . • whole of the assessment upon which default is made shall, at the option of Z. i'l-itram & Co . or _ 11 assigns , be and become at once due and payablo torraTher with reasonable attorney's fees and costs of col? ec' _nn if incurred , and provided further that the owners of such grope-ty shall have the right to pay any or all of the said installements before maturity a.t any time , by payment of principal and interest accrued to the date of payment. III. The City of Wichita Falls shZl1_ not be in ,ny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. F. yihith n & Ca,- and its assigns shall look solely to such owners for payment of the sums assessed ; but the City of �uichita 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 tze City of "Jvichita Falls, as near as possible in the manner provided for sale of property for the non-payment of ad-valoren_ taxes , or at the option of the said L. E. fi-bi t h= & Co or bil- its assigns, tha payment of said sums and said liens and lla ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several suns assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in Ghe enforo4woc,'_rt thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and :Lceeptanee of the work which certificates shall be executed by the l,Iayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. Witham & Co . terms its assigns, and shall ec are the said amounts, -time and tcrns of payment, and the rate of interest, and. the date of completion and acceptance of the improvements, sha� l contain the name of the owner of the property as accurately 1s possible, shall contain a description of the property b`., so-c and block number or front feet thereof, or such other as may otherwise ' identify same ; and if the property shy---' ba owned by an estate , then the description thereof as so owned shall be sufficient, or if the mae of the owner be unknown, tr ?r: to so st^te shall be sufficient, and no error or mistake in .escTibing any property or in giving the name of owner, shall inc�l ida ve 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 collectible with reasonable attorney's fees and costs of collect- ion if incurred, and shall also provide substantially tha..t 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 dill Street Special Certificate Fund No. 1 ; 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. Paym-ents by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when -arc -o'-incipai, together with accrued interest and all costs of ^^. lion and reasonable attorney's fees, if incurs,, d, have paid in full. Said certificates -a ly frr`.h(_x- recite substantially that all proceedings with refj:- n.e to la^king sL1.ch ' improvements have been regularly had in compliance --iith t;h�: law, and that all pre- requisites to the fixing of the assess-ne'nt lien against tine prop- erty described in such cer. l�-ificates and `U-he personal liability the owner have been regu'ar�v done ar..d perfo-^riled, and such rec ; als shall be prima fao i � Page 3 --- Form J9. and no further proof thereof ;hall b, r i'_..x.^ d in any court. Sagd certificate; may have (,-Ii cns attached thereto in evidence of each or all of the several installments thereof, or May have coupons for each of the first six install- ments ; which coupons shall be pgyable either to L. E. WhithaM & Co . or its assigns , or to "L. E. Vhitham & ~C-o0 or bearer; and such coupons may be signed either with the original or with the facsimile signature of the May and City Clerk. V. Full power to make and le-:vy re-assessments in any case and to corredt mistakes-;, errors, invalidities , or irregularities; either in assessments or certificates issued in evidence thereof, is in accordance with law, 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 providing that ordinances be reed 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 such rules are accordingly suspended, and this ordinance is passed as an emlergen,::y measure , and shall be in force and effect imr,.ediately from and after ' • passage. Fassed and approved this --da.y of-(7- `Ci ty of V,'iohi a Fa11s. Attest : - City Clerk.