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Ord 524 6/2/1924 Fora ,. . ORDINANCE LEVYITFG ASSESSMENT FOR PART OF THE COST OF I11,;1'ROVING A PORTION OF _ '70TM TRRT nR S TREE T 1N THE CITY ,OF ICHITA FALLS ,TEXAS, FIXING I CHI,RGE .AND LIEN AGAINST ABTITTING rRnPHRI'Y AND THE OIJNERS THEREOF, PROVIDING FOR THE COL- LECTION OF SUCH ASSESSMENTS, AND FOR, THE ISSUANCE OF ASSIGNABLE CERTIFIC1`1TES, AND DECLiiRING AN ETJ1:RGENCY. Whore£Ls, �JYe Board of Aldermen has heretofore by resolution passed on the &may of Auril 192 �,, ordorI the improveziont of Fourteenth Street in s aid City from ics the p line of theStreet ox- lJ - '� �"` " "' Lamar Street, .A,qt ��Q gr �z —line of _ s ;T by raising, grading nd f ill in same and install ing �nnry-r T._� curbs and p ,ving with one course -re. nn�rete and contract for the making and construction of such i:�prove: ents was let to L• E. ddl3T'in I-IA11 & COITnNY and the Eng- ineer file with the-City ro or s to ement • s o wing 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, easing 17- held and had ; and by resolution passed on the /yday of 1C2. 4 protests and objections mace were overrule dhe sa hearing closed ; and ''JHEREAS, all vt �c,r mrsbtnr� L13d things neoo-mgary -Md rre- j requisite hereto have been done and pox Formed; and the Board of Aldermen being of the opinion that the apportionment of the cost; 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 i,:nprovements , and is in accordance with the law and proceedings of the City, and that the amounts hereinbelow shown and assessed .1gainst such parcels of property do not in any case exceed the benefits to such property in the enhanced value thereof by means of such improvemon ts, and th.it 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 BOARD OF ALDERMEN OF THE CITY OF 'ICH ITA FA L LS, TEXAu, TEAT: I. There shaft 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 issessed 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;Dparcels of property against which the same are assessed 4nd 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 cons-citute 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, and municipal tpxes , and the sums so assessed sh`e?1 be p.-..y ib 1 e as follows to wit In six er,-,,. fV. _q.3x&z installments (annual) , due respectively on or before t.1gin thrAA fmir Ard five Years after the date of eo~�_l __c,ti n -,,nd f_'ccepzalnce by the Ci y cf said improvements, and the su:2a assessed sha11 bear interest ti o date of such completion ^md tcceptar_oe at the rate provided , ray-; j" , annually with each instarll.ient, and provided that if default ' c made in the payment cZff any ,j ncipal or interest when due, .Form 9---page 2. whole of the assessment upon which default is mode shall, at the option of m r rT or its assigns, be and become at once due and payable together with reasonable attorney's fees and costs of collection if incurred, and provided further that the owners of such property shall have the right to pay any or all of the said installemencs before maturity at any time, by payment of principal and interest accrued to the date of payment. III, The City of Wichita Falls sha11 not be in any manner liable for the payment of any sums assessed against any abutting property or any owner, but the said r and its assigns shall look solely to suo owners or payment of the su.Ls assessed ; but the City of 17iehita 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 'Jichita 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`'P_ wurTx,AT,,T, 00 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 p rcel.s of abutting property and tho owners thereof, and the time and terms of payment, and to aid in the enforoarnezlt thereof, assignable certificates shall be issued by the City" of "'iehita Falls upon the completion end icceptance 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 1 or its assigns, and shall 7ec are the said 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 thereof gs 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 collectible with reasonable attorney's fees and costs of collect- ion if incurred, and shall also provide substantially ths.t the amounts thereby evidenced may be paid to the collector of taxes in the City of 11'Jichita Falls, Texas, who shall issue his recApt 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 FOURT�FE1di Street Special Certificate Fund No. t and when any amount shall be made to the tax =0111'ector 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 sh,Lll 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 the principal, together with aceried interest and all costs of collection and reasonable attorney's fees, if incuri,,ed, have been paid in full. Said certificates ,-hall fur`,her recite substantially that all proceedings with ref rence to r:inhing such * improvements have been regularly had in cor:q�iiance -ith the, law, and that all pre- requisites to the fixing of the assess°­Ient lien against the prop- erty described in such certificates and the personal lia,bilit-y c-C the owner have been regularly done and performed, and uch Mecj- - als shall be prima fao ie e v i..(I Ero e, cf the fa,,'-Is so rec i 'cPc Page 3 --- Form ;r9. and no further proof thereof shall b,'� in any court. Said certificates may have attached thereto in evidence of each or all of the several installments thereof, or may have coupons for each of the firs-4'- Q;-7 install- ments ; which coupons shall be payable e i t ne:C to �L. 7,- Wr-TTmVA r & COi_TATTY or its assigns , or to T,. �_F. ^� ,...&�. or bearer; and such coupons may be signed � either with the original or with the facsimile signature of the May and City Clerk. V► lull power to mane and levy re-assessments in any case and to corredt mistakes , errors, invalidi---es , 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 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, ind this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after its passage. Passed and approved this ---day of192�- off V�'ichifa Falls. Attest : - City Clerk.