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Ord 500 4/21/1924 Foam #9. '�►,, ORDINANCE LEN!ITG ASSESSIJ.rENT FOR FnRT OF THE COST OF II:II'FOVIlIG A :PORTION OF SEY120UR ROAD CXXi K Iy THE CITY OF '41CHITA FALT S ,TEXAS, F Iu ii.3O A CH.iRGE ABD LIEN r GiiINST ABT750TING --PPO '-PT'Y AYD THE OU�JNERS THEREOF, PROVIDIt?ice ;+t �x� THE COL^ LECTION OF SUCH ASSESKENTS, t,r?L FOR THE ISSUr�lTCE OF ASSTGN:iBLE CERTIFICiTr�S, AND DEULLR ING AN EMERGENCY. � ' iu'hores , the Board of Aldermen has heretofore by resolution pass&! on the 25'-tWay of February 1921 , ordered the irsprove:�ont of Seymour Road 3tvogt in slid City frogs its inter- section with the des dest Zrop y line of Hays Street to its intersection with the ' Center 1 = of Sante Fe Avenue , by raising, grading ;end fillinga sa me and installing concuete curbs and pr,vioig with one course Crete and contract for the ruling and construction of such i:aproverlonts was let to L. E. aJhitham & Co. and the Eng- ineer filed with the City roll or statement ' showing descriptions of the vIrious 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 ^nd proper notice, hearing wits held and had ; and by resolution passed on the 7th day of April 192 4 , all Protests and objections mad-were overru ed and the say hearing closed ; and 1`dAFREAS, 111 �ttd thinga and Pre- requisite hereto have been done and and the Board of kldermen being of the opinion that the apportionment of the co.q ks 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 improvemments, and is in accordance with the law and proceedings of the City, and that -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 improvemonts, 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 ORDt' INED BY THE B)AR.D OF ALDERIEI N OF THE CITY OF '1 ICH ITn 'A BLS, TEXA , 'THIA T: 1. 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 Mks 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 ~jade a lien upon the res- pective Dparcels of property against which the sai.ie are assessed and a personal liability and charge against the real and true owners of such property, whether such o,,.vnars 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 par-mount lien thereon, superior to all other liens and claims except state, 3ounty, ,and municipal taxes, and the sums so assessed shas_l be n,F.,yn J_c as follows to wit : In sia ec._ .� � installments (annual) du respectively on or before thirty days , one , two , three , four , Pr ?ive Years after the date of cc . :: ' nori .i.LT_Ccepta.nce- the Ci T cf_ said improve�.,ents, %nd the aosessl�a bear interest from date of such completion ^,nd a,ccep a,r_ce rat the rate provided , annually with each insta.11:_ient, and provided that if default J�e made in the payment oft any -z nci_pal or interest vihen due, t'. Form r 9---Page 2 . whole of the assessment upon which default is made shall, at the option of L. E. Ylhitham & Co. or its assigns , be and become at once due and payable togatrer 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 installements 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 a5,ainst any abutting property or any owner, but the said L. E. Nhitham & Co. and its assigns shall look solely to such owners for payment of the su::�s assessed ; but the City of 'ieYiita 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 11,7iehita 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. 14hitham I Co. or its assigns, the payment of said sums and said liens and liabil- ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed against said pereels of ab-utting pxopoxxty and the owners thereof, and the time and terms of payment, and to aid in -the enforo-k�rnez2t thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion and Lcceptance of the work which certificates shall be executed by the ;jayor 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. on. its assigns, and shall dFclare the-sail-6—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 as .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 as 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 that the amounts thereby evidenced may be paid to the collector Of taxes in the City of T'lichita 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 Seymour Road 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. Payments by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when the xrincipal, together with accrued interest and all costs of collection and reasonable attorney's fees, if incurred., have been paid in full. Said certificates shall furl-her recite substantially that all proceedings with referaacle to ;ao.king such ' improvements have been regularly had in compliance •Ath the law, and that all pre- requisites to the fixing Of the assess:,aent lien against the prcp- erty described in such certificates and the personal. liability c-F the owner have been regularly done ar.d performed, and such recit - als shall be prima facie of t'* ;o rec i U�c , i Page 3 --- Form $9. and no further proof thereof shall b : avn:,-n,; in any court. Sa±d certificates may hayv ,n,.,pcns attached thereto in evidence of each or all of Ae several installments thereof, or may have coupons for each of the first six install- ments ; which coupons shall be plyable e i th`e'r to L. dhitham, & Co. or its assigns , or to L. E, IhIlhadm & Co. or bearer; and such coupons may be signed either wits the original or with the fae imile 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 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, ana requiring that this ordinance be passed and take effect as an emergency measure , and such rules are accordingly suspended, $nd this ordinance is passed as an emergen _:y measure , and shall be in force and effect immediately from and after its passage . Passed and approved this day of 192w- "T IT- Gi ter ooff Wi°ichita E'a11s. Attest : - City—Clerk.