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Ord 1850 10/26/1959l 9 C' _1j CR�tINA1iC_ iIC'. � S AN CRD INAN10E APPROVING AND ADOPTING THE Glib1T T EN STAT LENT AID REPORT OF THE DIRECTOR OF PUBLIC t?OR'S, SHC ?VING THE I~STIi�.� ;TES OF THE TOTAL COSTS Or .ALL, THE Ii FROVET �IvfiS, THr. STIi\ RTES C� THE COSTS PER FRO.IT FC0T PR ()POSED TO BP, ASSESSED AGAINST THE ABUTTING PROPERTY AM THE REAL AND TRUE C41TERS THEREOF, AAD THE E STIMIA TES OF V.�R IOUS OTHER COSTS FOR THE 11,1PRCV I i\1G OF GI? AC c� STREET FROM, THE SOUTH PROPERTY LINE OF TENTH STREET, TO THE I,ICRTH PROPERTY LINE OF ELEVENTH STREET IN THE CITY OF "VICHITA FALLS, T_: foot to be assessed against the property abutting said street within the limits defined, and the real and true owners thereof; and the Director of Public :''orks has heretof ore, filed said estimates and a statement of other matters relating thereto with said Board of aldermen, and the same has been received, examined and approved by said Board of ,Aldermen; and that in accordance with said statement of estimates so filed by said Lirector of Public '.forks and herein approved, the amounts of said estimated costs are as hereinafter stated and set out in the schedule obtained in Section 2 hereof. SECTION 2. The written statement and report of the Director of Public "forks heretofore filed with the Board of Alder- men are hereby approved, received and examined by the Board of Aldermen and in all things approved and adopted; and it is hereby found and determined by the Board of Aldermen that the estimated amounts of the several respective items of costs of said improvements as above described on each of said streets, or units, are as follows, to wit: SECTION 3. A portion of the cost of said improvements shall be paid and defrayed by the City and a portion thereof shall ')e assessed against and paid by the property abutting upon said street within the limits above defined, and the real and true owners thereof, in accordance with and in the manner provided by the ,Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, known and shown as Article 1105 -b of Vernon's Annotated civil Statutes of Texas, as amended, and the total costs of said im- provements of each of said streets or units as hereinabove described, shall be apportioned between said parties and shall be paid and defrayed as set out in the assessment sheets above attached: '.'lheri the improvements Herein ordered for any street unit herein designated have been completed and accepted by the City of ','lichita Falls, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in five (5) equal annual installments due respectively ten (10) days, one (1), two (2), three (3). and four (4) years from date of acceptance by the City, toge- ther with interest on each installment from said date of acceptance until paid at the rate of six percent (G`o') per annum, payable annually; provided, however, that the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof by paying the total amount of principal of such installment to- gether with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of princi- pal or interest promptly as the same matures, then at the option of the contractor or his assigns the entire amount of the assessment upon which default is made, together with reasonable attorney's fees and all collec- tion costs incurred, -shall be and become immediately due and payable. Section 4. J� hearing shall be held and given to the real and true owners of, and all owning or claiming any interest in any property abutt- ing upon said street, or units within the limits above defined, and to all others owning, claiming or interested in said property or any of said matters, as to the assessments and as to the amount to be assessed against each parcel of abutting property, and the real and true owners there- of, and as to the special benefits, if any, to said property to be recei- ved from said improvements, and such other matters as may be presented concerning any matter or thine connected therewith, which hearing shall be held by the Board of Aldermen of the City of �Iichita Falls, in the Council Room in the Municipal Auditorium, at 1300 Seventh Street, in the City of ''lichita Falls, Texas at 7:1) F.P:i. on the 9th day of November, 1959, at which time and place all persons, firms, corporations or estates owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, and persons interested in said proceedings shall be notified to appear and to be heard in person, or by counsel, and may offer evidence; and such hearing may be adjourned from clay to day and from time to time and kept open, until all evidence and protests have been -2- offered and heard; and the City i.Tanager of said City is hereby directed to give notice of said hearing by publication of Notice in the official newspaper of the City of 1.7ichita Falls, Texas; said Notice shall be pub - lished at least three (3) times in said newspaper before the date set for said hearing, the first of which publication shall be at least ten(10) days prior to the date of said hearing; and such Notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance to the above described Act, being 1105B of the Revised Civil Statutes of Texas, as amended. The foul of said Notice, as required by law and said Charter, having heretofore been submitted to the Board of Aldermen by the City i:!anager, the same is hereby approved for publication. SECTION 5. Following such hearing as above provided, assessments will be levied against said abutting property, and the real and true own- ers thereof for that portion of the costs of said improvements hereinabove determined tc be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien tipon said abutting property and a personal liability and charge against the real and true owners thereof. In lev<<ing said assessments, if the name of the owner be unknown, it shall i,e sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall be unnecessary to give the correct name of any such owner and no error or riista -ce in att(',n;pt- ing to name such owner or in describing any of said property shall invalidate any assessment or certificate issued in evidence thereof; but nevertheless, the real and true owners of said abutting property shall be liable and the assessment against said abutting property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. CTIC!N Each =portion of said streets, or uni ts, described and de- signated by unit numbers constitutes a �:eparate anM independent unit of the improvements and shall be improved an,'] the i�,prover.ients constrticted therein as separate an-' independent fr;.!,: .-,ac,,, and every other unit of >aid streets, I?I7d the aSSESSments tG b�� 1�3Vic, fGi' S3.iCi irii roVem,nTlt in each t`nit Or por' tion of said streets sr<a11 b c,)arate ?n, -, ?sti .Ct aria: _ndepe�i- CPi "!t of anC', fr0!.- til. 85Svssi. ":C.i�C t jevie(. in everii otl -,cr (-,f Sai,-' Units and -ort ions of sal! Str e(, 4— .' ill , iTi i'.t Itr; c,.i. 1 {:Z ✓" i l =_, 1. >, _ ":.Eta L it.G ;rCpertz% aDtl "Gtlli "_� i +Ii f!, :):. Sc.it: ,n 1.ts, ?o i:;attC, rr V CIrCu' ` a vic v n Connectic i t a!!`.% Gtncr of Ca Id Un t`; sl' <! 1 . E cons i•.i .l c-.d Cr avc; ai'l1% �'! C Ct UP011 tl:' Gt "'I - i 1 as �t111�; aT1C' tC t17n Sa- E •: E1 1 CI CrEn `J ,rc +cC ;Cdi1IgS c;id CUiitr Ct 1. 1�ecn ! ?af -I _.ad 'xeCut,'C; ji1 C:' C T.0 1:_ %nr OV I'IlGnt °: t0 !�L !:. Ci - _11 t.'Lc;'. l'f suid OItit_'. .....+ "...1 ^.. � . j.!E: ! _:CL l.!.�'�l, l.:.o :..�tr`�E. t`-'i Ci tl:.. is +. 17tiL)1:S t) r- C0-f t(} �'l i; ililj:r OVed as 11'�rC -t'. rr':ryal!C rlcr�� "inabc.VE ^rG�ii;r''u _cr are, in bad and C:an�e',ruUS condition 1 -I ;c,a f -rcate_ j.n E,I.cr�aency and _mpera an C ""nould be improved. without c. y tyve ^ blic !1ccEv' ity for t:� i-- .rit.�i ia.te ? rc �crvation of the public 'peace, :ealth safety and oencral ­I I elfare, reciu- *—f'n; that the Charter rule roviding that n0 or Cilall r!n ii1tU `L_ -f4,ct ,,c;fcre the e ?.piratiGn Of thirty CiaVS (Jl +� rc' tI:C 7-'•t', or its f 'ial pa.>s rc a.Tid all other rules requiring rsiore than OnE. reading, or rOi "iibitirig t1iC aSSage Of an rdinance on the crate intro - duc� -c.' and the taking cw'fect of salt: orainance on tine day of introduction e passage, 1- �nd the sar.ie are i'lerc byt sus��ended; and this Ordinance shall be ,passed anc' take effect as an cmernency measure and be in full force from and after its Massage as provided, / h: law, and it is so ordained. day f Cctobe ?SS D ?.�PPRCIT this 195 9. s 'ITT I : ,) T l_ erson, City t" 2.. . L:J J I "r'ranit Gibs+ n, ity ttorney f '