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Ord 450 11/16/1923 f 'A r M 4 " 03DINANCE L�� I ,u __�j �j,� :,�_ 1 � «_. Q uJ 0- IUFROVING A PGFI IOi� Ol' BLUFF CITY OF WIC:HITi-. �'.LILLS �L`_ t .UGiMTST "3UT2I1-G P-ROPERTY .4 STD THE OWIT': :s T1MF,E4F, . 0= 1'U2 1.1'_ CUJ..S.L_.1.-]Z'v 1. �i' 13 .i C'. L T` ti'�3E..3, the Bocxd of , JdiarrAer, }ia.s h,,retofcrc. 'o,7 res- olution pwsscd on the 14th C<<.y of MAY _ 1 Jti 3 , 0rc' 0ri �I the i of BLUFF Street~in s�.ic�C t � 1`:oln its tzters^ct iir. i th the StJLTp - -PROP RTY Lilac of _ NINTH STREET . tro(;t to--its_intcrs©et on -with thy; 'NORTH PROPERTY TT� Str'ct b main^, mr�.ding, �a..ric� illi�l�~sa.r��. c.n- _ IVla1F� i � 1 j insta_.11in CONC :TE CURBS _ J z.na L)avirg with ONE CQU' SE ''IITFORCED C�I1�RE c.n(L contract�`i o: the ra�.l:ing �.n costs: uc= tion of such improwericnts was let to L. ._�9HITHAM LITD CO%PANY `n(! the Engineer filed. with the City roll or' s�a.teraezit�shovring descr y,�_ ions of the various 1 c.reels of abutting property, the amounts to sae c s,�= ,::sscd against each parcel of property and showing other matters a:nd things ; and such roll or statemcnt,was e1�ci:�inec, and approved ; and. Ffter due and proper notice, hearing we s held_ clad_ had ; and by resolution )assed on the day of 192 allprotasts end o��jec= !ions made were overruled and the swi(_, he':.ring closod ; and 1t1H 5, all other matters anC_ thiligs necessary end 2rerecluisite hereto have been done and -.)erforried ; and the 'oarL of LIdermen being of the opinion thc.t the of the costs here= in')ezor,, rx4e and set forth is in su'astantiul -;;rol)ortion to the benefits to the respective parcels of abu io tting �r �)erty in the enhanced, value thereof bow- means of such iq,)rovement,s, a.nc is in accordance with the le.w and the p roceedin s of the City, and.- that the a.raounts hereinbelc-.r shovrn anf., assesses. against such parcels of property do not in a.ny c_ sc exceed the benefits to such property in the enhanced value thereof 'by means of such improvements, axld that the assessments so shown and. made e-o not exceed the proportions of costs properly chargeable to such -�)ro= y�erty under the law and charter in force in this City ; THE'?E_'O3^ BE IT ORDAINED $Y THE BOI1.RD O.F ALDERIZ11T OF 2n CITY 0.11 UICHITA FALLS, TEUS, THLzT: I . There shall be and is hereby levied and assessed again= st each parcel of property hereinbelow mentioned and against the ovrney-.- thereof the sums of money below mentioned and itemized and the total amount set apposite the descri-..)tion of each -,),.reel of -)rol'erty; the several zmounts assossed against same, together with the total amount assessed, and the m=es of the ociners of su.cli _, oy erty so far as kraow:l beil� as follows ; The, se-;/-ora' ��ur-13 ObOv-, n,enc.*.ured P_1Lse-.scd said parcels of proper"77, L-.,n d 0-o 0's N 0(11, ") N 0'1 y t 0 gether with interest thorco r- 1-n of �­'Cht �;ci -,jrt L fl .� -)I--' C; U j.-f together with reasonable atto J-'OeOl �- luct- Of c -. -ct-i.cl , incurred, are hereby declared to t)-1 Crid 1,1E i,,, c, 11:Al. U-01 "M 'UIJ lespe'u= tive parcels of property against Which 'V'hc, and a personal liability and charge agaiilFt tic r &? c-ld tra ncl-'_e ow -s of such property, whether such owners be named here-�. n or nct , aii6. t"�-I(; said.ions shall be and constitute a first on-fonjcLbla (_3ain a a i i,ri t the property on which assessment is lo-ricdv ard Sh'al.L be th; fi---st and paramount lion thereon, superior to all otho--.- liens an-"' claD"s except state, county, and municipal taxes, and the sums 6o &,3z;PssDd. sb-lil. be payable as follows,,. towit: In FOUR equal installmonts ( annual) , due, respectively on or beToFo_t'UytY_ drys, and one, two, and three years after the date of e by the C,-L �� said ii--,Yprovem ents, and the sums assessed shall bear i-,,It(,.L est frolic date of such completion and acceptance at the rate provided, payable annually with each installment, and provided that if default be made in the payment of any principal or interest when due., tie whole of the assess= ment iziDon which default is made shall, at the olj-uf-or. ofjLs. F.,,. '.11 D COI. JH4JA_ MANY P v or its assigns, be ar-,L bcf-�crne a2 -- once due er and Ta7aSl j, Fgjth7 — with reasonable attorneys ic s and costs Of cOl= lection if incurred ; and provided further that ti^c- owners of such pro= porty shall have the right to pay any or C-1.7. Cf ire s_­id installments before maturity at any time, by paym:,nt of )r.d interest accrued to the date of payment. TH . The City of Wichita Falls shall not be in any manner liable for the payment of any sums assessed against aniy abutting prop= orty or -any owner, but the said L. Be—WHIT AND COMPANY and its assigns shall look solely to .-.such owners for ' payment of—the sums assessed ; but the City of Wichita Falls shall exorcise 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 Wichita 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 thosaid L. E. WHITHAM AND COMPANY or its assigns, the Faym—cn_f Uf_sFiT sunlsrand said liens Tn7d liabilities shall be enforced in any court having jurisdiction. IV. For the ,)ur--)Ose of evidencing the several surns assosaec. Zagainst said parcels of abutting property anL the (_w.-nei--s there of , and the time and terms of -).-yriaent, anC_ to aid in the en-L7,a:co..-,cnt- thereof, assignable certificates -_'hall '_)e issue lay the C i tofW-4 ,7 h i t o 17 upon the corjLDletion ,:,nd acce.)tance of the work which corti-lifi= -�te6 'shall be executed by the Mayor in the name of the City and. attest= ,.--d by the City Clerk with the corporation seals and shall be payable to E. WHITHAM AND COMPANY — _fiEe7aiTdteim_s of or its assigns, and _Aliaff declare the 'sald­amounts, payment, and the rate f interest, and the date of completion and acceptance of the im.,L)rove= vents, shall contain the name of the owner of the property as accurately s possible, shall contain a description of the I)roporty by lot and block .umber or front feet thereo,'tP or such other description as may otherwise dentify same ; and if the property shal, be owned by an estate, then the description thereof as so owilf-C. sai<�i.I ruf-ficient, or if the name of the owner be unknown, thor: to so state ;;nc;li_ be sut'ficient, and no er= ror or mistake in describing any p_•oper-.y or in giving the name of the owner, shall invalidate or in any w4.se impair any Certificate or any assessment levied by this ordix,al"ze said ... ,11batantially that ifL1 j_ , same shall not be paid -prrE-) ,1r �a v �r:. ter, thC:n thin shall be col= leotible with reasonable attc�; r.E�trT ':; °,, and costs of collection if in= curred, and shall also provide s ., -: tan+sally that the amounts thereby evidenced may be paid to the cel ++.ector of taxes in the City of VTichita ells, 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 delaosit the sums so ; eeeived by him forthwith with the City Treasurer to be kept and held by him in a separate fund hereby designated' as _ am BLUFF _ _ Street Special Certificate Fund 110 . and when any ount 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 --or making such payment. Payments by the Treasurer shall also be receil� c: ed_ for by the holder of such certificate in writing, and by surrender thereof when the principal, together with accrued in'ter'est and all cyst;; of collection and reasonable attorneys fees, if incurred, have teen paid in full. Said certificates shah, further recite substantially that 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 prim& facie evidence of the facts so recited, and no further proof thereof shall be- required in any court. f .Said certificates may have coupons attached thereto in evidence of each or all of the sev r l installments thereof , or may have coupons for each of the first0b installments ; which cou1aons shall be payable either to B.-'VEITHIM AND COIaANY or i-ts assigns, or to L. F• WHITID -AXDr OMPAMr- _ _ or bearer;`arld such eou]?ons may be signed either vaith the o'riginal_or with the fac= simile signature of the Mayor and City Clerk. V. Full power to, mke and levy rot--assessments in any case and to correct mistakes; errors, invalidates, or irregularities, either . in assessments or certificates issued in evidence thereof, is, in accord= ance tlt x law, vested in the City, VI . The fact that the improvements herein mentionec_ arc be-- ing delayed Fending the effect of this ordinance, and that the conui'-i.oy of said portion .of street endangers the l-)ublic health and safety, oor: states and creates an urgent public necessity- rc uiring tih t the r 1 do providing that ordinances be r,a-a a:-, mor-, cne rieeting and for rdr-rE, than one time be 8uspe-ndeL. a.-Y!L tkac Lhia orainance be �L%.e rules are ni ch r I)assed and take effect' al ;�'nL d o accordingly suspended, a,-.-:! r -q(I a er j measure, ineas and shall be ire i t its passage. PASSEL LIB ) -chis day of 1923. —11�—YORUCITrO7 7117rITT FALLS, TEXL3 ATTEST- U,Trc— LE