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Ord 457 8/20/1923,y y w �. r • ORDINANCE DI,V<,li,'G 1;CR II4PROVING A CRiIOi� G LAMARcIr�T. - ,HI CITY OF WICHI �_ �'1�I�LS �� �i�sS, I��TItG ti Com- __-1 ':_i� 1G INST h-UTTI11_G :i-ROPERTY" AND THE Oti'dN. 3; T R OF,..::,R0= iiL�IITG -'UZ IF-' COSI-'C'.i'I T r, IT `� IE— l—, Sit .EI: ,AZ SI the Board of ;1C.crmen has hcrctofcrc _.7 yes= olution Dz sscd on the 25th cx.y of June _ _ 1 3 , 0r6"er���:, the i._. ")ruvu icnt of ' LAIC 1R _ - 6trt.;et in sc.id Cit ' J: oiri its #xlterscc;t=Len i �h thc '2p .PRO RTY.._ _ _ _ line of SEVENTH _ .'trec,t to—its �irntorsectioil with thcHO�T}i 1?t'6' i�TY i; e'el EIG�H _ — _ atr; et, b �a;sin�, Trir_ �.n�_ frllii���sain� Ynstc.11in CS2 HTE .CURS -avi g with Ori C �.n o- 0 iJRSE,_ ctio the ��.xir� s.nd const{uc= tion of such improverients was let tOL T T�; " r = �•_Y HI r�NOTir�TTY and the Engineer filet: with the City roll or s�ement showing descri,�t= ions of the various 1)arcels of abutting property, the amounts to be ws. cssed against each parcel of property and showing other matters -.nd things; and such roll or statemcnt,,was eyunminec and approved; and e.fte,r due and proper notice, hearing 'viEs held alld had; and by resolution f,asse;d on the day of 192 , all protests and objec- tions me,d.e were overruled and. the swig hearing closed; and INHERE113, all other matters ane_ things necessary and. ;?rerequisite hereto have been done and performed; -nd the DoarL of Aldermen being of -the opinion thet the a1jl)ortionr11ent of the costs here= in'Jelow made and set forth is in substantial .L)roPortion to t1ie bene -its co the respective parcels of abutting 1 ronerty in the enhanced value thereof by means of such imy)rovements, and is in accordence Frith the leer and the proceedin s of the City, ane: that the amounts hereinbelcl'f shown anti assesses! cgc.inst such parcels of prolDerty do not in C.ny c_ -'se exceed the benefits to such property in the enhanced value thereof; by means of such iriprovements, ana that the assessments so shovni ane m&Ce d.o not exceed the prol)ortions of costs properly chargeable to such -)ro= ;)erty under the law and charter in force in this City; Ti RE='OIZ-T,' DE IT ORDAIN`^? $Y ` F'E' :CO.i:RD OP ALDDIZIC1, N OF THE CITY OF VICHITA FALLS, TBUS, TH.�T: I. There shell be and is hereby levied and assessed again= st each parcel of pro-Derty hereinbelow mentioned and against the owne-r.i thereof the sums of money below mentionec and itemizcd wnd the total amount set opposite the descli-..ti.on of each parcel of l)ro,)erty.' the several. .moults assossed against same, together with the tot -,-),!amount z.ssessed, and the nz.mes of the owners of 5ucl: _,a:oy,erty so fc.r as kraow-i 'nein; as follows ; 11. y J n,c-� er „d a.. se,o,ocd acro inat rla E%' � e�v e;r a :. � 1,,:;1:� �. � n � � o � n said parcels of proper --r -nd c".E, 11r;ers +r.crr,�: +-, ros-:00'i;oL�i, to= gether with interest thereon at t'Ae rate Of e'LCht :%c.i -)-,r enjrml together with reasonable attori,ey",s fees Lz.6. ^e.t- of coil.ccUi.cn, j.� incurred, are hereby declared to i D c a I mC.le a J_ -n u?�1Jn. p .0 tive parcels of property against wil) cit ;-h(, %Lr e -?.-2o.. a dr'sF _d a,rd personal liability and charge a.gai.iist talc r ;al anal tr-ae ow sows of such roperty, whether such owners be nared hcre_°_n or net:, ak;c the said p liens shall be and constitute a first enforeea hle (,Jain the property on which assessment is levied, and sh,a I_. , t'Zc firs+ o;zu_ paramount lien thereon, superior to all other liens a.r.,i c:lairls exoept state, county, and municipal taxes, and the sums so sbail_ be payable as follows, towit: In _ � equal installment ntIs ( anr..uaJ.) due respectively on or before �,.,�,__ years after the date o completion a<i�d', acceptance by the City of said improvements, and the sures assessed shall bear interest from date of such completion and acceptance at the .rate provided, payable annually with each installment, and provided that if defy i(t be made in the payment of any principal or interest when due, tine wholL; of the assess= ment upon which default is made shall, Lt the option o--° _tyg _20 .E'._bYIilT.r4L&_C0.. or its assigns, be anc_ be^.cm.e at once due and payable, together with reasonable attorney's fees and costs of col= lection if incurred; and provided furthor that t)^c; ovi"iers of such pro= perty shall have the right to pay any or al of arc said installments before maturity at any time, by naymjnt of :sr.d ixi+erest accrued to the date of payment., Tii. The City of Viinhita Falls shall not be in any rw,nner liable for the payment of any sums aslsecsed against any abutting prof= erty or any owner, but the said L. E. Gv'HTTHAII AND COMPANY and its assigns shall look so.le".y to ._such ovarlers for payment of'the sums assessed.; but the City of 'Vichita Falls shall. cxt,rcise all of its lawful powers to aid in the enforcement a10. collection of said liens and sums and personal liabil.itiec; and if acj'a-u=-L shall be made in the payment of any of said sur s, colyecti on Thor. cfor shall be enforced either by sale of the propeYty by the tax asst sor and collector of the City of Wichita Falls, as near as poss'jble in the mLanncr provided for sale of property for the non=payment of ad=valorem taxes, or at the option of thesaid L. E. WHTTHANI BND CO tiY or its assigns, the payment of m said sus aria s_aid liens and liabilities shall be enforced in any court having jurisdiction. Tvo For the pur-)ose of evidencing the several sixes asscsseL against said parcels of abutting property and the ovv-n there of, and the time and terms of l)a.yment, a.nc, to aid in the en oa: co..ient thereof, assignable certificates slhall 'oe issues_ by the Cit;,r of Wichita, C-1,18 --upon the cony lotion ':_rd a,ccel)tance of the viork which certifi= ..ted shall be executed by the Mayor in the name of the City and attest= d bV the City Clerk with the corporation seal, and shall be payable to I<.-:.. ;ill ;.N1 a01LP.G.I Y_or its assigns, and Hall declare THe said amounts, time and terms of payment, and the rate f interest, and the date of completion and acceptance of the improve= ents, shall contain the name of the owner of the property as accurately s possible, shall contain a description of the property by lot and block umber or front feet thereof, or such other description as may otherwise dentify same; and if the property shal,be owned by an estate, then the description thereof as as owneC_ s i:.l� be _L _L or _Jf the name o_11 the owner be 'unknown, tier-.: to so state „t1cli -be sufficient.., and no er--= ror or mistake in describing any proper Lv or in giving the name of the owner, shall invalidate or in a.ny W se impair any certificate or any assessment levied by this orriir.ar, :c: Said oex-tif R- _> 1, i ori c?e :,lzbI,tazi:':� al�.y that if same shall not be paid prc`�� ,:,y �,:,rr� maturity, then the-,?,sha,:i be col= lectible with reasonable and costs of collection if in= currod, and shall also provide s)`?staiit3ally that the amounts thereby evidenced may be paid to the colloctor of taxes in the City of tVichita l,'���ll.s, Texas, who shall issue his receipt therefor, which receipt shall be evidence of such payment upon any demand.f or samu; 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 separate.fund hereby designated as a _ ^ _ Street Special Certificate Fund 110. and when any amount shall be made to the tax collector upon suc=h 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 receipt- ed for by the holder of such certificate in writing, and by surrender thereof when the principal, together with accrued interest and all cr3sts of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that all Said with reference to making such improvements have been regularly had in compliance with the law, and that allprerequi= sites to the fixing of the assessment lien against the property des= cribed in such certificates and the personal liability of the owner have been regularly done and performed, and such recitals shall be prima,facie evidence of the facts so recited, and no further proof thereof shall be -required in any court. Said certificates may have couy)ons attached thereto in evidence of each or all of the several installments :thereof, or may have coupons for each of the first installments; which couy)ons shall be payable either to WHiTH,&a AI12 Q-OMI?AIPL ` T or its assigns, or to' T,,..7.ce jlflaiZi J 4L- QIOUALTY bearer; berer; andsuch coupons ma.y be signed either with the original_or with the fac= simile signature of the Mayor and City Clerk. V. Full power to make and levy re=assessments in any case and to correct mistakes, errors, -invalidates, or irregularities, either in assossments'or certificates issued in evidence thereof, is, in a000rd= once' Vlt- law, vestod in the City. VI. The fact that the improvements herein mentioned are be= ing delayed pending the etfect of this ordinance, and that the condition of said portion of street endangers the public health and safety, cors= , f,itutes and creates an urgent public nccessity requiring thLt the M M s ♦ ♦ am, providing that ordinlances be a^,1 -ad at mare than one meeting and for mri than one titme be suspended, ani rejai ri g that this ordinance be Massed and , take effect as an smq ,g I7r y :ne :sure, and such rules .are accordingly, suspended, and. t ,. ,-, i s passed r s an emery;en^ r measure, and shall be in Tcrc;; €.r,i r,feet immeaia+; -.J f:ror,, a�ad after its passage. ATTEST: PASSEL .LTD APPROVED this _. _. day of _ _. _ _ _ Ig2 • TT+Ir;;Y` O CI-fY40F VJICHI`Siz FALZS, 'EXAS CITY CLERK.