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Ord 530 7/7/1924 Fora #9 . ORDINANCE LE �SSESSIJIENT FOE' PnRT OF ,��,��. THE COST OF IPROVING A PORTION OF A SmrN STREET' IN THE CITY OF ',J TEXAS, FIXING A. CH,�RGE ABD LIEN 1GAINST ABUTTING PROPERTY AND THE OlfJNERS THEREOF, PROVIDING FOR THE COL*^ LECTION OF SUCH ASSESSI',IIE`NTS, AND FOR THE ISSMNCE OF ASSIGNABLE CERTIFICATES, AND DECL11RING AN EMERGENCY. Whore�is, the Board of Aldermen has heretofore by resolution passed on the2nd day of June 1924 , ordered the itaprove:�ont of Austin Street in SL�id City from M nxKi*k the So p b t line of Seventh Street to the -line of Fi 0+t Street, by raising, gra ing end fill ing s a_.me and irr s t ll ing Concrete curbs and paving with One co te and contract for the making and construction of such i-2provements was let to L. E. +Nhitham & Comm,,= and the Eng- ineer file wi h tie i y ro or s ate Sea showing 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 staten.�ent �,xa,s examined and approved ; and after due and proper no ie� h-wring �ra€a held and had • and by resolution passed on the day of 192 all protests and objections ma e were overru e1�_anthe sa hearing closed ; and VUrHEREAS, other ni ttors and things necessary and pre- all requisite hereto have been done and performed ; and the Board of Aldermen being of the opinion that -she Ipportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of ..butting property in the enhanced 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 that 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 E -,J`7D OF ALDER1 EN OF THE CITY OF 1+7ICHITA FALLS, TEXAH, I. There shall be and is hereby le s ied and assessed against each parcel of property hereinbelow mentoned and against the owners thereof the suns of money below mentioned and itemized and the total amount set opposite the description of each parcel of property; the several amounts assessed ag^insi, same , together with the total amount assessed , ?nd the names of the owners of such property so far as known being Ps follows : - II. The several sums above mentioned assessed against said parcels of property and the owners thereof, respectively, together with interest thereon ,,t 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 a,nd 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 cons;,itute 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, coltnty, and municipal taxes, and the sums so assessed shall be p..y-�"Yi_e follows to wit - In six e, ��.�:� :` '� `'r l;ients (annual) , due `o ' Wo`".—three lour Xfive respectively on __F years after the date of co ..1 and by Cif 1 C �; said improve:.aents, and the sums arse ; bear interest date of such completion f,,nd .-icceptar,_—C ?: the rate provided , rc;.y annually with each insta.11.ii; 1t, and. prav c e� ;-hat if default '-e made in the payment oft: any Lx '_ne ipal o-^ ;11 <':'C r her due, x' Form # 9---Page 2. whole of the assessment upon which default is made shall, at the option of L. E. vhitham & Company or its assigns, be and become at once due and payable together with reasonable attorney's fees and costs of collection if incurred, and provided further that the owners of such property skull have the right to pay any or all of the said 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 abutting Property or any owner, but the said L. E. ` hitham & Com an and its assigns shall look solely to such owners for payment of the sums assessed ; but the City of wiehita Falls shall exercise 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 'V1ichita 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 the said L. E. VJhitham & Co. or its assigns, the payment of said sums and said liens and l i.ib il- ities shall be enforced in any court having jurisdiction, IV. For the purpose of evidencing the several sums assessed against said parcels of abutting propox-ty and the owners thereof, and the time and terms of payment, and to aid in 'Ghe enforoemen* thereof, assignable certificates shall be issued by the City of '47iohita Falls upon the completion and � coeptanCe of the work which certificates shall be executed by the 2ayor in the name of the City and attested by the Cit Clerk vrj.th the corporation seal, and shall be payable to L E. ,hitham & Compary or its assigns, and shall ec�care e s �d amounts, ime 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 the property as accurately Rs possible, shall contain a description of the pro-oerty by lot and block number or front feet thereof, or such other descripl6ion as may otherwise ' identify same ; and if the property shall be owned by an estate, then the descrip*ion thereof 4s so owned shall be sufficient, or if the mae of the owner be unknown, then to so state shall be sufficient, and no error or mistake in describing any property or in giving the name of owner, shall invalidate or in any wise impair any certificate or any assessment levied by this ordinance, Said certificates shall provide substantially that if s%me shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costs of collect- ion if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid to the collector of taxes in the City of Wichita Falls, 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 sums so received by him forthwith with the City Treasurer to be kept and held by him in s spearate fund hereby designated as Austin Street Special Certificate Fund No. and when any amount shall be made to the tax collector upon such certificates, he shall upon preaentation 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 sh,-ALl be the Treasurer's warrant for making such payment. Payments by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when the principal, together with accrued interest and all costs of co1lection and reasonable attorney's fees , if incurl ed, have been paid in full. Said certificates 1 . L fur-;her recite substantially that , all proceedings With ref, - -.-ice to :_1aking such ' improvements have been regularly had in corlplir�nce . 1' 1 tho law, and that all pre- requisites to the fixing of the a3,sess:_2er.t lien against the prop- erty described in such certificates and the personal lia,bilicy c} the owner have been regularly done and performed, and such -ecj': - $Is shall be prima facie evil erc(; of tr.? fa!i is so Page 3 --- Form ;�9q and no further proof thereof_ shall b_ e ru ^ed in any court. Said certificate-, may have attached thereto in evidence of each or all cf she several installments thereof, or may have coupoi.s for each of the first install- ments ; which coupons shall be payable either to___I, E P (In or its assigns , or to L. E. Whithaam R Cn or bearer; and such coupons may De signed eith r with the original or with the facsimile signature of the Mama City Clerk. V. Paull power to make and levy re-assessments in any case and to corredt mistakes , errors, invalidi`ci_es , 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 measure , 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 its passage. Passed and approved this _Z'" day of _ 192 'Y,'_a 6_ Cityi f wichi10E F'ay1s. Attest : - City Clerk.