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Ord 557 1/12/1925 . Form #9. ORDINANCE LEVYIZTG ASSESSIDZENT FOR P-iRT OF THE COST OF I1,2ROVI1TG A PORTION OF _ AUSTIN STREET STREET IN THE CITY OF 'r'JICHIM ALLS ,'T'EaAS, FIFIITG A CI iRGE AND LIEN AGAINST ABUTTING PROPERTY AND THE OWNERS THEREOF, PROVIDING F'D THE COL'- LECTION OF SUCH ASSESSIMEiTTS, r.LND FOR THE ISSUANCE OF ASSIGNABLE CERTIFIC;MBS, AND DECLIRING AN ElvERGENCY. tWhore4s, the Board of Aldermen has heretofore by resolution passed on thel7th day of Novmmre 192_�, ordered the improvement of Austin Street in said City 3fMv,-j&xi1 Zz s �ttx*x beginning 70 feet North of l 1 Sixteenth Street o the South Curb line of Mill Stree+, by raising grading �= f ill ing s me and installing concrete curbs and p,:.ving with one course reinforced reinforcgd nononete and contract Tor the making and eonstrueV: cn of such improvements was let to L. E. Ivhit7aam &- Co. and the Eng- ineer file wl h the Uity roll or stateien 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 statement was examined and approved ; and after duo and proper notice, h aring w€a.s eld and had ; and by resolution passed on the ay of I WW=ftM= 192 _, all protests and objections made were overrun c/ and the sa i ear ing closed ; and 'WHEREAS, 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 the Fipportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehhanced value thereof by means of such improvements, and is in accordance with the law and proceed of the City, and that the amounts hereinbelow shown and as e sed "ag^inst such parcels of property do not in any case exceed the benefi'-;s 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 suc^h property under the law and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BO_'ED OF ALDERMEN OF THE CITY OF 7ICHITA FALLS, TEXAS., TTTAT: 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 : II. The several sums above Mentioned assessed against said Parcels of property and the owners thereof, respectively, together with interest thereon ,�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 :jade 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 orinerrs be named herein or not, and the said lien shall be and cons-jitute a first enforcealbe claim against the property on which ass . .:ment is levied, and shall be the first and paramount lien thereon, superior to all other liens and claims except state , :o. c zuy, ­.nd municipal taxes, and the sums so assessed shill be 1s follows to wit: In six ec;.-. � 7: r _x: : installments (annual) , due respectively on or be orc the .d,"e.__of_c.smplatJ 0r*nDe t1 our & five years after the date of ,_nlr; 11ance y e said improver..ents, and the sums asse ,E r a .oil bear interest date of such completion end accep'.aroe at the rate provided , annually with each and. pr_ovidefa that if default ? e made in the payment cff any -yr _neipa.l or interest T-lhen due, Form # 9---Page 2 . whole of the assessment upon which default is made shall , at the option of L. E. vihitham : Co. or its assigns , be and become at onrje dua^Frd. payrab—L-7 reasonable a,ttorney's fees and cosies o_' co _lec+ n7i if incurred , and provided further that the owners of ouch ;a—opety shall have the right to pay any or all of the ;aid insta,llements 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 any manner liable for the payment of any sums assessed against any vbutting property or any owner, but the said L. E. 41itha~n & Co . and its assigns shall look solely to s to for payment of the sues assessed ; but the City of TuTichlta Falls shall exercise �o,ll 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 sole 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 nonpayment 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 1 iens and l i°gib il- 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 ewnPrs thereof, and the time and terms of payment; and to aid in the enforce 3frt0zi* thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion Find -tcceptance of the work which certificates shall be executed by the i,jayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. �Ihitham & Cc o� its assigns, and shall declare the sa d amounts, time and terms of payment, and the rate of interest, and the date of eomple+ion and acceptance of the improvements, shall contain the name of the owner of the property as accurately Fts possible, shall contain a description of the pro;�erty by lot and block number or front feet thereof, or such other descri-ption as may otherwise ' identify same ; and if the property shall_ be owned by an estate , then the description thereof as so owiled shall be sufficient, of if the mae of the owner be unknown, then to so st^.te 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, s%me 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 suostantially that cbe amounts thereby evidenced may be paid -`o -1ho collector of taxes in the City of 7iiehita Falls, Texas, vvll 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 speara.te fund hereby designated as AUSTIN Street Special Certificate Fund No. i ; and when any amount shall be made to the tax c'o7leetor 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. Payments by the Treasurer shall also be receipted for by 16he holder of such certificates in writ- ing, and by surrender thereof when ;;he principal, together with accrued interest and all costs of collection and reasonable a.ttorney's fees, if ineur;;Ed, have been paid in full. Said certificates shall fur-thc;r -recite substantially that all proceedings with refurence to 1. king such ' improvements have been regularly had in compliance -7ith the law, and that all pYl-- requisites to the fixing of -the assess.-:lent lien against the prcl erty described in such certificates and i;b.e personal liabilit'T the owner have been regularly done ar_d performed, and such "rec � als shall be prima fao ire evi(, F-. `c e o{' t h Page 3 --- Form ;r9. and no further proof thereof shall be -r.JI^ed in any court. SAW certificate; may have -c,rpons 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 y. E. ri(l,i tbam Go - or its assigns , or to L. E. Y&i trsm Co- or bearer; and such coupons may be signed FIT her with the original or with the facsimile signature of the May and City Clerk. V. Full power to make and levy 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- publio 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 Such rules are accordingly suspended, and this ordinance is passed as an emergency measure , and shall be in force and effect immediately from and after 4s passage. y' 1a2�� Passed and approved this day of ty of T ichi a Falls. Attest : - City Clerk.