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Ord 453 7/23/1923ORDINANCE LE'TYI,;C; ti, ENT CR P :T 02 `�h� CO; Gw II:12ROVING Ur'`iIOi 0 _ COLLINS CITY OF WIC.HIT.r_ Id.' ,LS `.�L :> �, i'I11Ti G .�1. 1TT ST UT�i�7 G PROP: RiY ��T7� THS 0 7Id �R T tZE{�F i . �3a0 = .'UZ i' Co ..t; J.1 1. Ji' sl i,� ���,} T-, r-,�' �L,. �= Tr � Z i;�U .l'i`d l'w .iwJvTC'i lr J1 J �_._t _-T-T7 _ IT y the Board of Aldcrmcr_ has h,.,rctcfcru T rc olution -� s d ' c � of �r jvvr.2c;n �` � dS �S ;trcet�in. a�.i4�City f -em its titters, qtr i,I the weir— ,property_ _lino of _ _ �roolc _. trc.,,t tai "s i terse t a r i thy; _ curb li:�e�sl Baylor atvi et, b - ga in^ , r�.dir��;, c.r�d f111i�i;�sc.:�e, �.nC. nstFl1'in , concrete curbs.„ _ „r _ z.n�,. laving with c.Q�r..QtQ _ z -n6. contra ct s o: the r��.liing �,n canst� uc tion—of such7i7p7overunts was let to L. E. ViHITHAYI & CO. _ .;.nd. the 'ngineer fileC_ with the City xoll"or' stc_.�en�eilt�shov'aing dcsc:' yet= ;ions of the various percels of abutting property, the amounts to be ,ssed against each parcel of property and showing other matters and things; and such roll or statemcnt;xias eXI-c rood and approved; and c.fter due and proper notice, hearing vdz.s helC_ and_ had; and by resolution >z.Ssod on the .t day of ;_ 1923 , all protests &'nd objec= tions made were overruled and h 5ai(- hearing closed; and TiIHEzEaS, all other matters anG_ things necegsary and- prerequisite ndprerec,uisite hereto have been done and j)erformcd; and the Doarc, of 1.1aermen being of the opinion thE.t the al);?ortionmcnt of the costs here= in')eloi, z4e and set forth is in substantiz.l )roportion to tie beneiits -co the respective parcels of abutting y)ro---)erty in the enhaneec. value thereof b.,4- means of such ina� rove�aente, anC is in accordance t7ith -Che leer and the proceedin s of the City, and that the amounts hereinbelc-.f ^hovm axit� 2,ssessec'. cgc.inst such parcels of probity do not in cny c_ �c exceed the benefits to such property in the enhancea value thereof "oy means of such improvements, aria that the assessments so shovai ane_ me.c'e. 6-o not el-:ceed the pxo-,vortions of costs properly chargeable to such -_)ro= ->erty under the law and charter in force in this City; TiM?E7OR E DE IT ORDAIITED BY THE 3O.ZIRD 02 ALDERI�1711? OF THS CITY 0.!' UICHITA FALLS, MaS, TFL�T- I> There shall be and is hereby levied and assessed again= st each parcel of pro�erty hereinbelow mentioned c.nd_ against the thereof the suras of money below mentioneC and itemizcd and the totF�' ,mount set opposite the d.escri--,tion of each-),�rce1 of ; ro-,-'erty, ; the severe.] amounts assessed against same, together with the total amount �.ssessed., c.nd the m.mes o3 the owners of such, 21o,;erty so f<. r as kI ow -ll '�ein,�; as follows ; IT The several., si.Lr:-i ?f,)o-vj wene'ur.ed a senocd aVc.7. s said parcels of props t7 rnd t:rc, lvr.e,.r : +r,c.rP1 , rvsi ;c xoly tO-- gether With interest tnoroon at the .700 O together with reasonable attorney's fne3 wrK Iu`Et : of colloc,t:i-on, if incurred, are hereby declared ic ba rnd uia ie a,. liven uran ,,h..; 'iespeu= tive parcels of property against which !YG !'wns azn a ao-bF d a rd. personal liability and charge agathFt tic r s,7 and to to ow:.,ia of such pr'_7 operty, whether such owners be mar,& n rco � P, ::��� oho said liens shall be and constitute a first erforsowbi o Gain in c goi art the property on which assessment is levied, ar. d sho l n Lc T' G f:i s ` and paramount lien thereon, superior to all cath ,.,ons and o1o.lps ennept state, county, and municipal taxes, and the sums jo _.__Arose spam. bo payable as follows,. towit • � _ � / 1-" �:.�-�'` ��,,. �.�., n �'_t _ equal installments ( anr.ua�. i , due respectively on or before years after the date of com-�oletion and accej tang by 0 C 'TAT t?f^Sa ld improvements, and the suras assessed. shall bear intc�res, fro�.iV date of such completion and acceptance at the rate prcvie_ea, payable annually with each installment, and provided than if default be made in the payment of any principal or interest when due, tiles uvhe7 v of the assess= ment upon which default is matin s11E..Ll, nt the oDclor_ o= -Swa- nd-. _ L. E. WHI`THR & CO. or its ��s. igns, be an& bcocme d once ue And payable, together-w-lth•'reasonable attorney's :fees ord costs of col= lection if incurred; and provided iurthor that c'^,.e owners of such pro= perty shall have the right to pay any cr of she sai c. insta)_imer.ts before maturity at any time, by payzint of prip,I10 ...rd interest accrued to the date of payment. TII. The City of Viohita Falls shall not be in any manner liable for the payment of any sums assess 1 ag,,aynct arq ablitting prop= erty or any owner, but the said L.E. WHITHAM & CO. _ and its assigns shall loom solely to ..8uK. THAM = TA lyayme: t o -f -the sums assessed; but the City of Wichita ?ails cNurnlse all of its lawful powers to aid in the enTar.cement and on_.Inction of said liens and sums and personal 1 iabi3 itHF ; and if Ki o.'_* shall be made in the ja,yment of any of said sums, collection wharufor shall be enforced either by sale of the propeity by the tax asscasnz and collector of the City of Wichita Falls, as near as posy ble in the manner provided for sale of ,property for the non=payment of al=va,lore . taucs, or at the otion of thesaid _L_. _E ` jyEITE.&jL. &:_ C,_p or its assigns, the payment of said sums anCsai.d liens and liabilities shall be enforced in any court having jurisdiction. Iv. For the purpose of evidencing the several sums ^ssossee_ against said parcels of abutting property and the owners there of, and the time and terms of V oyment , ane- to aid in the eni o i c °vent thereof, assignable certificates shall le issueL by the Cit,, of Wichita a.lXo -upon the completion cane_ accey_)tonce of the worn which certii i= ates shall be executed by the Mayor in the name of the City and attest= i b; the City Clerk with the corporation seals and shall be payable to Q._'�'dITF'I�� CO. or its assigns, and AM declare the said amounts, time and teimms of payment, and the race 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 bloc, 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 on syia11 b? ru: f-.cient, or if the name cf the owner be unknown, ti�r� to so be sufficient, and no eY= ror or mistake in deseribir_,o, L,,.ny p ',oper..y or J_n giving the name of the owner, shall invalidate cr in a,rijr .�r se impair any certificate or any assessment levied by thi.s orrliraj7ic; Said ,ertJ-f n,�-t '.fie .31fta+ar..:3w1.y that if same shall not be paid y c .aa t z: J', ty, thJn tree,- s: a:'.1 be cel= leetible with reasonable attr�, r.E ,r' u ' , a;<<i costs of c^1.lection if in curred, and shall also -nroviie s:`-;+ ntially that the amounts thereby evidenced may be paid to the c;ol:'_ect.or of taxes in the City of Wichita alls, Texas, who shall issue Lis receipt therefor, which receipt shall be evidence of such payment upon any demand for same; and the collector of taxes shall deloosit the suras so received by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated as _QDTLITLTS, _ _ Street Special. Certificate Fund ITO. and when any arrount shall be made to the tax collector upon sue 'certificates, he shall upon presentation to him of the certificate by the contractor or other holder thereof, ek.dorse 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: eco for by the holder of such certificate in writing, and by surrender thereof when the principal, together with accrued interest and all cist,. of collection and reasonable attorney's fees, if incurred, have been paid in full.. Said certificates shall further recite substantially -chat all proceedings with reference to making such improvements have been regularly had in compliance with the law, and that all, prerequi= 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 coir?ons attached thereto in evidence of each or all of the several installments thereof, or ma -y have coupons for each of the first _ installments; which coupons shall be payable 'either to ., _ _ _ _ or its assigns, or to �E. _.JidBS'i _ _ _ or bearer ; and such coupons may be signed either witF 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 assessments or certificates issued in evidence thereof, is, in accord= ince tilt'i law, vested in the City. V1. The fact that the irrprovemenis herein mentionec}_ are be= ing delayed pending the effect of this ordinance, and that the condition of said portion of street endangers the public health and safety, cor= ;titutes and creates an urgent public neaessit'y requiring thC-t the r lc-- providing that ordinr.nc�:8 be :r ;o -d. a:• r,,)r. (,..e nceti g and for mt*i-- than one time be ..eq.- t Ag 191 ac J 1 Ai ordinance be "�7assed and take effeut i y �;:'?(j Plic11 rule 7 z]Te accordinglyp -. sus endea, a� .l measure, and shall be s:<< c.rc,. r , i . r ;,:_ _� �:z ;t . �:._�� �.. ger its Ipassage. ATTEST: PASSEL A.1,F) -chis _ day of — — — -- -- 1925. CITYCLERK. .. �:..; T�!LtiYOR, CITY OF V�ICHITX. FALLS, TEXAS I, ;�'TZli;. ::�I�T` �'CR � �.1, �y: �Ii � � ),: G� ORDINANCE ILI'HOVIITG L CITY OF WICHIT'L y'.41.I11,a �Ty.�G1}�IT1\1 ".ZUTTIiw 2I?OPER i?I1D Thi THEM: CSF, • �I+,..i�l lX r' li� .1 I'T 1,-L%�t it �: i'? �.. 1? .J .`'� ."� li �.- __ ., 2. r. T" Ii Vii' -El.t� 2 Y. VI-1E.ZEEr.I6, the Bo, -.rd of has h rctcfcri, r _ - olution--)Lssed on tae C.�'.y of- �r>vu.icnt of COLLINSctlirl "i j 7 ©ra it G" stcr�r"r wz _ Wks _ — _ ._ _ p-z'QP e x't.Y l i r_ e r l Br_o 4k _ 'trc.t,t to its intersection :ith `-hi,East curbA Baylor St- - - — -- r --_ — — --` --"_ -- — , ct-llir��~-. ' " .. _ 14et, a Ba sin-, ra,�ir_ , r��—fi11w�1~ sc'M c.rc. rl . concrete curbs �,r laving with ..._c4��x.�t� c. - nc, contrwct� o the 11"iLiYl� �.nd const: uc tion of such improvericnts Was let to j, �',, HITH:�E, CO. a.nd the Engineer filcc_ with the City roll orsta.�en�ent—showing—dcs(Fr ions of the various parcels of .butting property, the amounts to be c;ssed against each parcel of property and showing other matters c.nd things; and such roll or statement wa,s c1.a.mined and approved; and e.f t f r due and proper notice, hearing yras helc and had; and by resolution. -,)a.ssed on the day of 192 3all )rOtests c,nd objec= tions made were overruled and the said hearing closed; and WHEFS.:yS, -11 other matters ane: things necessary and prereruisi,te hereto have been done and performed; and the '3oa,rc. of Aldermen being of the opinion that the a;.);?ortionmQnt of the costs hcrc= in"�elot; mzde and set forth is in su"ostantiz.l ;proportion to tie benefits to the respective parcels of abutting property in the enhaneec. value thereof by means of such im.LD ove�aent.c, and is in accordance with the lavi and the proceedin s or the City, and that the z.mounts hereinbelc-"i shovm aria a,ssessec. cgc.inst such parcels of prolDexty do not in -ny> c- s exceed the benefits to such -property in the enha.ncec, value thereof 'ay means of such improvements, and that the assessments so shovrn ane. maC.-e c.o not exceed the proyortions of costs properly chargeable to such -Derty under the la'u and charter in force in this City; - THv3E- 0 E BE Ii' ORDIIII1,D BY THE I30; RD OF xLDERIZI? OF THIJ CITY OT UICHITA F;1LLa, TR,, Z` ,S, TILT: I. There shall be and is hereby levied and assessed again= st each. I)arcel of pro-Dcrty hereinbelow mentioned and against the o�rne� thereof the suras of rioney below mentioned and itemized and the total amount set opy,)osite the desc] i. -)ti -on of each -Da.rcel of ;)rol)erty; the ssverc.l a.moullts assessed against saime, together .Vith the total amount �.ssessed, ane: the names of the owners of such _;ro.;erty so far as k�ow.a L�s follows ; 1T, Eh e s e'v o r c j 0 r �. � a �., ...� ��; � � o l � -. o r d said parcels of proper.',r ,nd. I- syr ;; y; E r Sj �-jc ti Cly to= gether with interest tn::r�e1 a-, together with reasonable aT to �1 ':� �� u;, �� .;_ ^,v,: t of CD.L:'.ccti_on, i. incurred, axe hereby declared -';c 0,-, (-:.2-1 t•,;, a ; .. _;,.r. uY. ;n. tive parcels of property; l t, a c � i rd �gC.L. .111.s. I i. .,� J�� �� -.Cll ". �j _ .l_ �� � J�f�ltl0. �\ (.v •,, personal liability and cliaxg ^.g t l(- "-&7 -.-Id t3 -le ov,,... s of ysuch proporty, whether such own.ers be nccz-.ed. rrc: r: a nc: + , a :�. th(, said liens shall be and constitute a f, rst en.- - ,nLble L;3 -i etrL-ii-, :t +:ae property on which assessment is lct-iea, oraltin"t_L 'w < t'�e c.r: l aZd paramount lien thereon, superior to all other I.i y es a.na -I a._r1.s e.s nept state, county, and municipal taxes, and the „ uris soassn>ss' :J �.r _� , be Payable as follows, towit: In _ - - - equal instaIlmonts ( anr.ua,l,j , due respectively on or before _ years after the dote o. com,.�letionand�accep�arcey tie improvements, and the sures assessed shall. boar interes-G fr.,)Il dote of such completion and acceptance at the rate -yprcviC ed, payable annually with each installment, and provided gnat; if d.efai'i.t bac evade in the payment of any principal or interest when dun., tyl(� who -1 v OIL, t_r.e assess= ment upon which default is made 5ha,11, a.t tee _ L•_ a. 1 ' 'T !1UT & Co. - or its assigns, be J,n" lac^;erre a � once due and payable, together ��ith reasonableattorn�0 ,:c ;- -rd posts of col= lection if incurred; and proTrided further `;b.ai c'�.::: ;�,.�.:�r; of such pro= perty shall have the right to pay 'any r c-' -r : said installments before maturity at any timp,, by Da,yr, cnt o. ,:, :_:. �; N i =:,-d ii+erest accrued to the date of payment, The City of ?'li-hita Fa,1 a. ; shall no be in any manner liable for the payment of unysum:, as ess ,.. aga Win; t any ablziting pro1)= erty or any owner, but the slai L• �•�� z� �;,�C .CO. and its assigns shall Look scley to ..61 -ch ov ncrs for J'ay me;zt ot•'fihe - sums assessed; but the City of 'V� chita Fal -.i -s s:1a11. e, ereise, all of its lawful powers to aid ir.. the en-Fo_rcement anci ooection of said liens and sums and personal I iabi7 it, - e; ; and it de,_au.l t shall be made in the -payment of any of said sums, c.)Iloct%on thcr. cfor shall be enforced either by sale of the proyperty by the tax and collector of the City of Wichita Falls, as near as possible in the manner provided for sale of property for the non=payment of ad=valor. em. taxes, or at the oy)tion of thosaid I�. �._'N3L2H�tC4•_ _ or its assigns, the paymen of said sums and la liens end liabilities shall be enforced in any court having jurisdiction. IV. For the pur_)ose of evidencing the several su.:,as asscsseL against said-Dareels of abutting pro- arty 11the ovre s thcr of , C -.rd the time and terms of y)ayment, M'IC to aid in the eni' -,)1 c thereof, assignable certificates s.zall le issue:_ by the Cit'r of tiJ ,nig ^1118 --upon the comy)letion acce-)tance of the viork which certil i= ..rtes shall be executed by the Mayor in the name of the City and attest= d by the City Clerk with the cor�)ora.tion seals and shall be payable to I►. T�'- R ITHAM & fO,, _ _ _ or its assigns, and Aall 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 s.z(;h. other description as may otherwise jontify same; and if the property shal,be owned by an estate, then th` description thereof as s,, ot,_ f;;:. , .. _�.? rur"Ic,ient., or if the name of the owner be unknown, su+fa:cient, aiid no ex= rox or mistake in'far',g or i_n giv- ng the name of the owner, shall invalidate cx iY P -L7 W -* ,se yrpair any cortifi.cate or any assessment levied by th .s or:1 L' a,, :c: Said 5"a.L�,ata.n-I ally that if same shall not be paid prc,x._, F�: y ><.,� :�a V zri c;;.r then. the,• Itha'. be cel= lectible with reasonable ar:d casts of collection if in= currcd, and shall also proVidc u'``�i+antially that the amou��ts thereby evidenced may be paid to the cele actor of taxes in the City of VTichita Halls, 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 surds so received by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated as QDLL I.LTS,_ _ Street Special Certificate Fund NO and when any amount shall be made to the tax collector upon such cerfificates, 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 cysts of collection and reasonable attorney's fees, if incurred, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such impkovements have been regularly had in compliance with the law., and that all prerequi= 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 cou?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 cou1Dons shall be payable either to or its assigns, or to L. ]._IVJJITH�bI I- qO.i such couloons may be signed either with the original or with the fac= simile signature of the IViayor 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 assessments or certificates issued in evidence thereof, is, in accord= -ince t,,It l law, vested in the City, VI. The fact that the improvements herein mentionec,_ are be= ing delayed pending the effect of this ordinance, and that the condition oz said portion of street endangers the public health and safety, eon= s 1,itutes and creates an ur ent public necessity requiring th�:.t the rule: providing that ordinf,.nc-a8 loc :r—.ad. ja.Or3 -�qlj t" cne g mee-ting and for nlri:' than one time be susDerdef, 3JILL thac ihia ordi-lance bE, -)assed and take effect '-�-YL �n.d'r quon 7'i'—I es wre accordingly suspended, a- —:0 raeasil,re, and shall be. iT, its joassage. PASSEL LZ.7) AP2JVE.D 'this — — — day. of — — — --- — 192� — — IVLtiYOR --$ CITY -07 77,71TTZ FZLLE'TE7°.7 ATTEST: - - - - - - - - - - - - - - - CITY CLERK.