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Ord 552 12/8/1924 Form #9. ORDINANCE LEVY iITG �UaSESSIJTENT FOR F.ART OF THE COST OF I111PROVING A PORTION OF Travis STREET IN TH3 CITY OF 'JCHITA FALT S ,TEXAS, F luIING A. CH,�RGE AND LIEN r GAINST ABUTTING PRO"EPTY AND THE OWNERS THEREOF, PROVIDING FOR THE COL' LECTION OF SUCH ASSESK4ENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DEOLriRING AN EMERGENCY. dhore4s, the Board of Aldermen has heretofore by resolution passed. ou the 20tblay of October 1924 , ordored the irzprove::�ont of Travis Street in sa City fr,,)m its inter- section with the 6outh roperty line of Seventh Street to its intersection Frith the 1 Q,rth rouerty line of Eighth Street, by raising, -grading H filling same and installing Concrete curbs and paving with one course feinTorcecL concrete and contract for the making and construction of such improvements wa,s let to L. E. ;'hitham Rc Co. and the Eng- ineer f ileT7771h the -City rol17 ors a e on ' sho wing descriptions of the various 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 c✓as examined and approved ; and after duo and proper notice, hearing was held and had ; and by resolution passed on the 24th day of November 192 4 all protests and objections made were overruleeand the sa. erring closed ; and 'f1HEREASI ,Il othnx mntto.rs an<i things neoeaaary and pre- requisite hereto have been done and por£orried ; and the Board of kldermen being of the opinion that the !pportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of ..butting property in the ehhanoed value thereof by means of such improvements, 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 improvements, and thNt 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 ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF 1V7 ICH ITA FA BLS, TEXAX, THAT: I. There shall 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 as 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 made a lien upon the res- pectiveDparcels of property against which the same are assessed and a personal liability and charge against the real and true owners of such property, whether such owners 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 paramount lien thereon, superior to all other liens and claims except state, county, and municipal taxes, and the sums so assessed sh,ill be payable 1.3 follows to wit : In six eq� .a:� x installments (annual) , due respectively on or be ore completion one, two , three , four, and five Years after the date of corip7_et�i n n ,pccencanee by­_T"he City cf- said Improvements, and the - sums assessea shall bear interest Ti o,. date of such completion ^,md ,acceptance at the rate provided , 1,+, y;.J? annually with each install jolt, and provided that if default 1 e. made in the payment cuff any ;x =_neipal or ,hen clue, '�' Form r# 9---Page 2 . whole of the assessment upon w1iich delault is mad e shell, at the option of L. lhitham Pc Co. or its assigns, be and become at once duo end para,b:i co?;etrer with reasonable attcrney's fees and cos-lus of 001) L,tir)h if it arjed, and provided further that the owners of such: r,7ope-ty shall have the riot t to pay any or all of the ;;a d 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 against any gbutting property or any owner, but the said L. `yhitham 8- Co. and its assigns shall look solely to sUddh owners for payment of the sums assessed ; but the City of Tgichita Falls shall exerolse 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 wiehita 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. 1].. a`lhitham & Co. or its assigns, the payment of said sums and said liens and Nobil- ities shall be enf orcea. in any court having jurisdiction. IV. For the purpose, of evidencing the several sums -assessed against` said pa'Tcels of abutting proper-ty`' anti the owners, thereof, and ,fie time anc terms of paymen-t and tD aad iau the enforo men�r thereof'' assignable 'eertific-tes shall be issued by the CitY of Wish tta Falls upon ' the completion and :,ccep+once of- the work which eertif oates sh4. 1 be executed by the �,gyor in -tile nabe of. the Oity and' attested by, the City Clerk with the `oorporat of seals : and shall be payable to L. �. '.hitham R�Co. - or its assigns, uAd shall TecTare t se sad amount, rime 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 1 the property as gceurately ab poss:ible$ sha:ll.- aontain,.a description of the property by lo-(0 and block number or front feet' thereof or such other des�r ip`tAon as may otherwise ' identify same sand if the 'p,-operty`, 'hail be owned by an. estate , then the desoriptr on. thereof. $S so owned shall be sufficient, or if-Abe mae of the owner-be unknown, + then to -so state: shall be sufficienti and fto error or mistake in deseribizi any property or in giving the name of owner; shall invA.idate or irl any wise impair any certificate or any assessment levied bye this{ ordinanoe • Said ; certificates shall provide su"ostanttally that, if s%me shall not be paid promptly upon Mflturiry, then they shall be collectible with reasonable attorney's fee: and costs . of oolleet-- ion if incurred, and shall also provide u�•zbs cantially ch .t c +e 4 amounts ;tfiareby evidenced may be paid to she collector of taxes in the City of Wi,abi.ta Falls, Texas, U,a'ho shell : issue -his .recetaPt 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 hiss forthwith with the City Treasurer to be kept and held by him in a spearate fund hereby designated as `Travis Street Special Certificate Fund No and an any amount shall be made !to the tax ao lector upon such certificates, he shal 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 reeeL e from `the City Treasurer the :amount paid., upon presenting to him such crertifcate ,so endorsed and credited by ,lie holder with. thd- amount '+ paid ; `and such endorsement and 'credit shill be the Treasure.rYs warrant for making -such payrrent. Payments by the, Treasurer shall Also be receippted for by the holder .of such certif`ic.ates 'in writ- ing, and by surrender thereof when ;;he principal, .togethe_r 'vvith " accri'ed ijAerest. and all costs of eullection and reasonable a;ttor"ney's' fees, if inauri ed, have been paid in full: Said certificates shall further recite substantially `that" all 'proceedings' with reference to iaaking such ' improvement'' h, Veen regulhrly had in compliance, *,ith the law, and that all pre requisites `to the fixing of the assess went lien against the prcr-- erty described in such certificates and -;;he personal. liabilit,T c the owner have been regularly done ar_d per.fo-m d, and s,ut, rc.! - als shall be prima foci evifLcrrce or tn:) `: ro -rc Page 3 --- Form and no further proof thereof shall bc in any court. Sa-id certificate; may have -�ci,pons attached thereto in evidence of each or all o -I"' the several installments thereof, or may have coupods for each of the first six install- rrents ; which . coupons shall be p4yable eith7e—rto L.E. -IThitbam & Co . or its assigns , or to Z. E. 't!;hitham & C!2- or bearer; and such coupons may be signed either with the original or with the faesimile signature of the May and City Clerk. V. Full power to make and le-Ty 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, and requiring that this ordinance be passed and take effect as an emergency treasure , and such rules are accordingly suspended, and this ordinance is passed as an emergency measure and shall be in force and effect immediately from and after rage, Passed and approved this fi4th_day of 1924 Falls.— Attest : - City Clerk.