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Ord 532 8/11/1924 i 44 Form 9 ( 1 of 4) ORDINANCE LEVYING ASSESc�YENT FOR A PART OF THE COST OF IMPROVING A PORTION OF GIDDINGS STR�iT IN THE CITY OF VIICHITA FALLS, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING P11OPERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COL- LECTION OF SUCH ASSESSi'711TS AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES . BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF �'ICHITA FALLS, TEXAS, THAT WHEREAS, the Eoard of Aldermen of the City of Wichita Falls, Texas, has heretofore by resolution passed on the jrtb day of Tunes_ , 192 J ordered the im- provcmen •d s St j.n sai City from its inter- section with tie line of n n to its intersection wi - line o �. pvPn P tfrT'� t �y aa.sing, gra in9 and same and installing concree curbs and gi4��,Vf and paving with Q � 4 nnl, cr,l l r nn ratA_ _ 1 i �� �Prp on f our 4) inoncrQte .nSYl.�.-. ti c r ( ounc3atlor_; and contract for the mak- ing and construction off suc improvements was let to Plains Pav- -U Company; and the Engineer filed with the City rollor state- ment showing description of the various parcels of abutting prop- erty, the amounts to be assessed against each parcel of property and showing other matters and things; and such roll or statement was examined and approved; and after due and proper notice, hearing was held and had; and by resolution passed on the 21at _day of ,192_�, all protests and objections were overru e an the saidhearing closed, and WHEREAS all other matters and things nec- essary and prerequisite hereto have been done and performed; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set forth is in substantial pro- portion to the benefits to tha respective parcels of abutting property in the enhanced value thereof by means of such improve- ments, and is in accordance with law and the proceedings of the City, and that the amount hereinbelow shown and assessed against such parcels of property do not in any case exceed the benefits to such property in the enhane.ed value thereof bar means of such im- provements, and that the assessments so shown and made do not ex- ceed the proportions 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 WICHITA FALLSO TEXAS, THAT: I. There shall be and is hereby levied and ass- essed 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 description of such property, the several amounts assessed against same, together with the total amount ass- essed, and tho names of the owners of such property so far as known, being as follpws: Form 9 (2 of 4) TI. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectivu- 'ly together with interest thereon at the rate of eight (8" ) per cent per annum, together with reasonable attorney' s fees and costs of collection, if incurred, are hereby declared to be and made a lien upon the respective parcels 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 nam- ed herein or not, and the said liens shall be and constitute a first and enforceable claim against the property or v:hich the ass- essment is levi-d, and shall be the first and paramount lien there- on, superior to all other liens and claims, except state, county and municipal taxes, and the sums so assessed ahsil be payable as follows, to-wit: In six equal annual installments due res- pectively on or before thirty days, one, two, three, four and five years after the date of completion and acceptance by the City of said improvements, and the sums assessed shall bear interest from date of such eompletion .and acceptance and until paid at the rate above provided, payable annually with 'each installment, and provided that if default be made in the payment of any installment of principal or interest when. due, the whole of the assessment upon which default is' madc shall, at the option of the Plains Paving Company or its assigns, be and become at once due and payable, . together with reasonable atto-rney' s fees and costs of collection, if incurred; and provided further that the owners of such property shall have the right to pay any or all of the said installments 12-fore maturity at- any time, by payment- of principal and interest accrued to date of payment. The City of Vichita Falls shall not bn in. any manner liable for the payment of any sums assessed against any abutting property or any owner, .but the said Plains Paving Company and its assigns shall look solely to such owners for pay- men.t of the sums assessed; but the City of Wichita Falls shall exercise all of its lawful powers to aid in the enforcement and collection of said lions and sums and personal liabilities; and if default shall be made in the payment of any of said sums, collect- ion thereof shall be enforced either by sale of the property by the tax collector and assessor of the City of Wichita Falls, as near as possible in the manner provided for the sale of property for the non-payment of ad-valorem taxes, or, at the option of Plains Paving Company, or its assigns, the payment -of said sums and said liens and liabilities shall be enforced in any court having jurisdiction. IV.. For the prupose of evidencing the several sums assessed against said parcels of abutting property andnthe owners thereof, and the time and terms of payment, and to aid in the enforcement thereof assignable certificates shall be issued by the City of Wichita Falls upon the completion and acceptance of the work which certificates shall be e xecuted by the IUayor in :,he name of the City and attested by the City Clerk with the cor- porate sL-al, and shall be payable to Plains Paving Company, or its assigns, and shall decilre the said amounts, time and terms of payment, and the rate of interest and the date of completion Form 9 ( 3 of 4) a_rid acceptance of the inprovamunts, shall contain the name of the owncr of property as acctratuly as possible, shall contain a description of the property by lout and block number or front feet thurcof, or such other dcseri_ption as may otherwisc identify same; and if -she property shall be owned by an cst,:to, then the:: description thereof as so owned sha.11 be sufficient, or, if the name of the owner bc; unknown, then to so stab; the fact shall be sufficient and no error or mistakein describing any property, or in U ivin.p; the name of any owner, shall invalidate or in any wise i,n-oair any certificate or any assessment levied by this ordinance . Said ccrtif.icate s?iall provide substantially that if the sane shall not be paid_ prompltly upon maturity, t'�'E;r_ they shall be collectible with reasonable attorneys s .fc( s a-zd costs of collection, if incurred, nd shall al-so provid �_b._ta. .- Lally that the a-, iounts evidenced 1_ - rcby may be th t 1e Col- lector of Tax<,s of the City of ichi t Falls, Texa.L,, ,;rho s'r_a.11 issue his rocc-ipt therefor, *,;�hich rucei-Ot shill be evidence of such payment upon arj demrind ''or S-Inc; ��nd tho Co `_Lcctor of Taxes shall deposit the surns so recuived by him forthwmtlz the City Treasurer to be kopt and held by him in a separate fund hereby designated as s'F_3 'IS�vcial Certificate F, nd_ T o.1; and when any sh�be made; to the tax Collector payment upon such certificate, he shall upon prosontation to hire of the cc-tlificate by the contractor or other holder thc;reof, endorse said payment thereon; and the contractor or holder of such. cer- tificate shall be entitled to receive fron 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 endorse- mcnt and credit shall be the Treasurer' s warrant for making such payment. Payments by the Treasurer shall also be receiptod for by the holder of such certificate in writing,. and by the surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorncy' s fees, if in- curred, have been paid in full. Said certificates--is-hall further recite: substantially that all proceedings with reference to making such improvements have boon regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lion against the property described in suoh certificates and the personal liab- ility of the owner have boon regularly done and performed, and such recitals shall be prima facie evidence of the facts so rec:.ted and no further proof thereof shall be required in any courts Said certificates may have coupons attached thereto in evidence of each or all of the several installments thereof, or may have coupons for each of the first five i .stall- ments, leaking the main certificate to serve for the sith in- stallment; which coupons shall be payable either to Plains Paving; Company or its assigns, or to Plain-- Paving Compa_zy or bsarer; and such- coupons may be signed either with the or- ;ina.l or ii-161h the fac-simile signatures of the Mayor and City Clerk . Said certificates s'Iall further recite; that the City of Viichita Falls shall exercise all of its le.�, ful ,powers when requested to do so by the ll.older thereof to aiCi i_•�. lac collection thereof, and may contain recitals substantially )_:i ac- cordance wit' the above and other adC'itiona.l recitals oeri; .:1lt or ap_ ropria,te thereto, and it shall not be :-, cessary V. at t' F recitals 1,c in exact form set fort 1, but the substance thereof �,;:iall suffice. Form 9 ( 4 of 4) V. Full power and levy re-assessments in any case, and to correct mistakes, errors, invaliditi.es or ir- regularities, either in assessments or cobtific,ttes issued in evidence thereof, is in accordance with law, vested in the City. INTRODUCED AND PASSED on its first reading at a Regular Meeting of the Board of Aldermen on the 934t� day of T»l •rr 4 Signe: y1'ay0r ATTEST: ( Sii;'ned) 7J E McBroom City Clerk PASSED on its second reading at a Regular Mccting of the Board of Aldermen on the day of , 192 i+ayor ATTEST: City Cl or PASSED ON ITS THIRD AND FINAL READING at a Regular Mecting of the Board of Aldermen on the day of ,192 Mayor Attest: City Clerk