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Ord 523 6/2/1924 Form, r9 . 'ORDIM'."NCE hE�IY!'G ASSESS T3I FOR PART OF THE COST OF I121:0V ING A RORT1011 OF LEE S' 'E T ITT l'T_ C, Off' '','I(;HI?':� FAI,J ,T, ESA° , ' �?' l CL RczE AED LIEN i1Gt''�IN T AB',JVTING i'RC7 7''TY .t,.ND THE ©VINERo Tl�ERFOF, PJ:CV IDIFG FOR THE COL- LECTION OF SUCH ASSESS1,7ENTS, AND FOR THE ISSUI-Z'CE OF ASSIGNABIjE CERTIFICATES, ADD DESTu,F.ING RI Fiai RGENCY. Whore4s , the Board of Aldermen has heretofore by resolution passed on the 14thday of April 192 4 , .,rdured the i �prove'ment of-Lee _Stz eet in said- C it�r !from its inter- section with the N rth Curb 1 ine of Seventh I �,. y,`,�i iur. ,r- th the _ S Free � �,o ,_ �� in ��... et TZorth Curb Ii��e of _ Stre , by raising, grad ing , nd f ill i n s 1a ' r'd ins 7�<�11 ing concrete curbs and :)_� ing with,one co i r r '� nfnr nod nri e and contract for the a: Lind; .end ccnstru�tic)n of such is!prove:_ler t was let to L. E. Whitham & Co . and the Eng- ineer filed 71th the City r 7)1.1 col_ st itement - showing descriptions of the various parcels of ,,rut ring pr ;perty. the amounts to be 4ssessed against e,=.ch parcel of property a11d sho,-jJ' g other s tters and things; land such roll or st: t-er�,ent <as exa pined and approved ; and after duo :--.nd prober notice, hearing was held and had ; and ay resolution passed on the 19t ,_day of ltiav 192 4+11 protests and objections m.-:Lde were overruled and she sa_d he^ring closed ; and `d HERE AS, <all ot-,er *nsatters and things nRnes-stsrY and P:r -- requisite hereto hr.ve been done and perfoxrnod ; and the Bcnrd„f Aldermen being of the opinion that the -:pportiln~lent u-f the ~' hereinbelow made and set forth is in subst<lntia.l proportion to the benefits to the respeotive parcels of abutting property in the ehhanoed value thereof_ by means o__ such i provements , an!' is in �.ccorda.nne with the law and proceedings of the City, and that the amounts hereinbelow shoran and assessed against such parcels of property do not in any case exceed -thy; benefits to such property in the enhanced value thereof by means of si c.h improvenionts , and that the assessments so shown and made do not exceed the pro- protions of costs properly chargeable ;o su:;h property under the law and charter in force in this City ; THEREFORE BE IT ORDAITTED BY mT - �:'._�. OF ALDERIEIEN OF THE CITY OF 'v ICH ITA FA LIS, I . There shaee be Land is hereby levied and assessed against each parcel of property hereinbelow mentioned and a.ga.inst the owners thereof the surfs of :honey 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 nar).a s of the owners of such property so far as knoi,an being ,*is follov7s : - II. The several sums above :mentioned assessed against said Parcels of property and the owners thereof, respectively, together with interest thereont the rote 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 ras- pective)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 named herein or not, and the said lien shall be and col.stitute a first enforcealbe claim against the property cn Tvhich assossment is levied , and shall be the first and pa,ra ount lien thereon, superior to all other liens and clai.as except state , county , ;11d municipal taxes, and the sums so assessed sh all be p vT h=c �%S follows to wit : In six e o ua.1:f x lx in, t �11nionts (annual) , due respectively on or before the date_ of c,)mpletion�one two three ,four &five years after the date of eeirp'eon ;.rd cc eptarieey�iti�Ci ��f said improve dents, ind the sums a sensed :;hall bear interust date of such completion ;nd 1ccept,a.rce at the rate provided , Pr,, .7e annually with each installr:ent, and provided that if default }e made in the payment of ark% ;a, ;:rci.prl _ or irte-e=7t ;-aeon iue, t- Farm # 9---Page 2 . + whole of the assessment upon which default is made shall, at � the option of L. r�. �Ihitham .� Co . or its assigns, be and become at once dua anal pa�i blc to�TEc r with reasonable a.ttorAep's fees and costs of 001lcctinn if irr:arled , and -provided further that the owner's of such trope-"y shall have the rigtt to pay any or all of the said insta,llements 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 ^ny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. BE. Whithsm & CO and its assigns shall look solely too su oc-aners for payment of the sues assessed ; but the City of Wichita Falls shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and. sums and personal liabili�cies; and if default shall be made in the payment of any of said sums, collection therefor shall be enforced either by sine of the property by the tax assessor and collector of the City of 'gichita Falls, as near as possible in the manner provided for sale of proper Ly for the nonpayment of ad-valorem taxes , or at the option of the or said L. E,_ 4V"h i harm Rc Sco its assigns, the payment of said sums and said liens and lifibil- ities shall be enforced in any court having jurisdiction. Iv. For the purpose of evidencing the several sums assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aa:d im the enforQ-arric>n* thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion Rrd ,,cceptance of� the work which certificates shall be executed bye the Mayor in the name of the City and' attested by the City Clerk with -the corporation seal, and shall be payable to L-. E. Whitbam & Co . or . its assigns, and shall eclare tae daid amo7_nt;s, �lme and terms of payment, and the rate of interest , and the date of completion and acceptance of the improvements, sh,-1-.1 contain the name of the owner of the property as accurately RS possible, shall contain & description of the pro-)Orty by lot and block number or front feet thereof, or suoh other d-escr J p't'AM as May otherwise ' identify same ; and if the pi.-operty sl-la_•_l be owned by an estate , then the description thereof 6s so owl7�d shall be sufficient, or if the mae of the owner be unknown, then to so state slIall be° sufficient, and no error or mistake in aescribi�g any proporty or in giving the name of owner, shall inv� 7.idate or in any wise impair any eertificgte or any assessmoiA levied by, this ordinance. Said certificates shall provide substantially that if sgme 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 th&t thte amounts thereby evidenced may be paid to the collectmr of taxes - in the City of Wichita Falls, Texas, who shall issue his rece-W 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 a spearate fund hereby designated as Lee Street Special Certificate 11und No. ; and when any amount 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 .ree'eive 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 crediz shill be the Treasurer's w,,rrant for making -such payment. Pa.y'lents by the Treasurer shall also be receipted for by the holder of such certificates in writ- ing, and by surrender thereof when :;hc principal, together with accrued interest and all costs of cal-lection_ and reasonable attorney's fees, if ineu - ed, have been paid in full. Said certificates ,,l.all fur-'bk r recite substantially that all 'proceedings with ref.;ren-le to i2chingg such ' improvements' have been regularly had in cornrliance pith tna law, and that all pro- requisites to the fixing of the assess:]2ent lien against the prcr- erty described in such certificates and -;he persona], lia,bilit.- c the owner have been reg lar7 7 done and per.formed, and such me als shall be prima faoi , E_,Ti '- ;tee o7e t%o Via, so Page 3 --- Form 0. and no further proof thereof shall b- ii�,.i=^ed in any court. Saud certificate; may have oti,ons attached thereto in evidence of each or all 01 �l..e several installments thereof, or may have coupons for each of the first six install- ments ; which coupons shall be p@yable either to Z. E. Whit & Co. or its assigns , or to Z. i ham o • or bearer; and such coupons may be signed either with the original or with the facsimile signature Qf the May and City Clerk. V. Full power to make and le-vy re-assessments in any ease and to corredt mistakes , errors, invalidiUies , 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 th2.t 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, $nd this ordinance is passed as an emergenoy measure , and shall be in force and effect imL,ediately from and after its passage. Passed and approved this 2nd day of June 1032 4_ Ivipr o Ci ty of V;iczhita Falls. Attest : - City Clerk. Form 779 . ORDINt'INCE LE'VYII G FOIE PriR'1 OF ' TIE COST OF I1.df2R0VI13G A 201 TTO'? CF LEE STR7 ', IrT 'rf , � GTTY OF 'U ICHI?'11 FALI�b ,�E: t�S, F � ,' - ,^ :?(=E . ABD LIEN iIGAINST x�SUT � � 1' G'TD THE OWNER a '1HEitF OF, PTi O'� `l 0 Y\ T 7"-1' COL LECTION OF SUCH ASS`3Sil -,i,!TS, A11y FOR THE ISSULiZME OF ASSIGIL B!2,� CEDTIFIC;ITES, AND DEO Lt.RING AN EMERGENCY. WhoreF;,s , the Board of Aldermen has heretofore by resolution i 19 ordored t91 he jnm passed on the // �1'd.ay of �{ . :L 24 _._J t1r improvemont of T,FF,� _ S reet in said City from t� xitk the 1 in ofAp___ SEVENTH S txoet to eet, 'E ? NORTH QU line of SECOND by raising, gr-ding ._end f ill i n snma an :u:� g d i to lin and p:�vi0 with course rein orced co��te all-rhS an con ract for the r-,aping and ocnstructiorl of such i�.�prons was let to4. T , r and thee - Eng ineer file with the City ro or s tate,,nent sho tNing descriptions of the various parcels of abutting property, the amounts to be 4ssessed against each parcel of property and showing other matters and things; and such roll or statement eras exa'nined and approved ; and after duo and proper notice(, hearing w€)s held and had ; and by resolution passed on the _ day of192 all protests and objections m:� �z ere overra7ed�T-n_d the sa he-..ring closed ; and T HEREAS, all other matters and things neoesserY and pre- requisite hereto have been done and parfornied ; and the Board of Aldermen being of the opinion that the >F:pportion�.ent of t11c� e �s t hereinbelow made and set forth is in subs i^1 proportion to the benefits to the respective parcels of abutting property in the ehhanoed value thereof by means of ruch i proveiments , and is in �Locordanae with the law and proceed iz,;s of the City, and that the amounts hereirlbelow shown and also sed gainst 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 OR=D t INED BY TH-6 3 3RD OF ALDEM r OF THE CITY OF 'u,ICHITA 1"11ILLS, TEXriu, '1'JlhT: 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 went-ioned 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 , pnd the names of the owners of such property so far as Down being as follows : - II. The several sums above mentioned assessed against s�7Lid parcels of property and the owners thereof, respectively, toCethc r with interest thereon nt the rate of eight per cent per annurn - gether with reasonable attorney 's fees and costs of collections, if incurred, are hereby declared to be and made a lien upon the res- pective,3parcels of property against !vi7i.ch the sa5ie are assessed 4nd a personal liability and charge ag^inst the real and true owners of such property, whether such cuners be named herein or not, and the said lien shall be and corsti�jute a first enforce<a,lbe claim against the property cn -vh-ich assossment is levied, and shall be the first anu Par-�':ount lien tr.orcon, superior to all other liens and claiss except st ..te , couiaty, and municipal t%xes, and the sums so assessed be p_ v: `hle ,ys follows to wit : In six e 1- ins to l l-lents (annual) , due respectively on or befora 30 daps One TWO , Three Four an_d Fiv_g- years 1.fter the date of c` =y i(j ion rld ccept ynce'by die City said i.:lprove,.ents, and the surfs asssossed shall bear interest f1,. date of such completion ^ind -1ccept,ance at the rate provided , annually with each installr_.e11t, and provided that if default ;c made in the payment oft dry � ncip^1 or ir..tere:t ,-ho Sue , .Form # 9---Page 2 . . whole of the assessment upon which default is made shall, at the option of rta I�NA1T,__ L-U YY — or its assigns , be and become at once due and paya.bla t�ogether with reasonable stt r,joy's fees and. costs of collection if incurred, and provided further that the owners of auCh prepe t-Y shall have the Tight to pay any or all of the sayd insta,llemen_ts 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. n T '1T and its assigns shall look solely to suo owners for paymen o 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 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 ',,Tiehita 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. E. WHI TH 11 & C OI-IPANY ,__,____o r its assigns, the payment of said sums and said liens and liabil- ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums -assessed against said parcels of abutting property and the owners thereof, and the time and terms of payment, and to aid in the enforo-orr il* thereof, assignable certificates shall be issued by the City of Wichita Falls upon the completion And acceptance of the work which certificates shall be executed by the ;Mayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. WHITHAM & COTAPAITY or its assigns, and shall ec are t e Bald amounts, ime an 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 as possible, shall contain a description of the property by lot and block number or front feet thereof, or such other description as may otherwise ' identify same ; and if the property shall be owned by an estate , then the description thereof as 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 certificfkte or any assessment levied by this ordinanoo Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible faith 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 a spearate fund hereby designated as LEE Street Special Certificate Fund NO- 1 ; and when any amount 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 for making such payment. Payments by the Treasurer shall also be reeeipted for by -che holder of such certificates in writ- ing, and by surrender thereof when the principal, together with accrued interest and all costs of collection and reasonable attorney's fees, if ineurRe.d, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to making such ' improvements have been regularly had in compliance i"+ith tine law, and that all pro- requisites to the fixing of the assessment lien against the pro;n- erty described in such certificates and the personal lia,bi l it,T the owner have been regularly done and performed, and s rh r: c $Is shall be prima facie evi('one e of tb? r Page 3 --- Form an3 M VArther proof thereof ajWjj 'bo in any co t. Satd certifioates way h=tre ,ui ,ens attached thereto in evidence of each or all cf -the several installments thereof y or may have coupo-.s for each of the first six _ install- ments ; which coupons shall be pgyable either to Ns Yy'_HTTFALJ & QO.or its assigns , or t� T �_ wurm or bearer; and such coupons may ne signe either with the original or with the facsimile signature of the M'ay and City Clerk. V. Full power to make 2i.,d le-�vy re-assessments in any case and to corred.t mistakes , errcrs, inval id9. c,.es , or i.rregula.ri ties; either in assessments cr certificatas 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 Pffect of this ordinance , and that the condition of said porticn oi s-tweet endangers the public health and safety, constitutes and creates an urgent public necessity requiring that the rules p: oviding 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 tame effect as an emergency measure , and su h rules are acco. dir_gly suspended, $nd this ordinance is passed as an emergenc�T measure and shall be in force and effect immediately from and after its passage. Passed and approved this day of �dii3 -- ty 01 Vv;1r311 r al1S. Attest : - City Clerk,