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Ord 521 5/26/1924 ■ �i/µme/ej � "�"'"_/f ��,j"l..G✓'�i.,f'�P/f',.��.w l�w.ww/�'we ORDINANCE LEVYING ASSESSMENT FOR PART OF TH ; COST OF IMPROVING A PORTION OF STREET IN THE CITY OF WTUNITA A S, TEXAS, FIXING A CHARGE AND LIEN AGAINST ABUTTING PROPERTY FOR THE ,COZ- LECTION OF :SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DECLARING AS EMERGENCY. WHEREAS, thoard of Aldermen has heretofore by resolution passed on the .3. V day of Gk 192 �r; ordered the improve- ment a Str at in Bald vity from raising grat g and fillip' same an p a n urb s and paving with U . an con ra or t e making and onstrru,tion of suo mprovemen s was let to and the engineer filed with the City ro or a a amen s w ng esoriptions 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 of statement was examined and approved; after due and proper notice, Dearing wa held and had; and by resolution passed on the � Z� day of 192 all protests and objections de were were overruled and the said hearing closed ; and WHEREAS, all other matters and things necessary and pre- requisite hereto have been done and performed; and the -Doard of I. Old ermen being of the opinion that the apportionment of the costs ,9:rol.nbOlow made and set forth is in . substantial: proportion to �. tie benefits to the respective parcels of abutting 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 cage exceed the benefits to such property in the enhanced:V*alue thereof by means of such improvements, and that the assessments so shown and made do not exceed the pro- portions of costs property obargeable to such property under the law and charter in force in this W ity; THEREFORE BE IT ORDAINED BY TH.A: BOARD OF ALD "R "+N OF THE CITY OF WICHITA FALLS, TEXAS. THAT: 1. 'Where shall be and is hereby levied and assessed against eadh parcel of property hereinbelow mentioned and againe't the ay 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 :- US The several sums above mentioned assessed against said parcels of property ano the ownare hereof, respectively, together with interest thereon at the rate of eight per cent per annum to- gether with reasonable attorney's fees said costs of collections, if incurred, are hereby declared to be and made a� lien upon the res-. peotiv. a parcels of property against>, which the same are assessed and.. a. personal liability and . charge against the real sand true owners of such property, whether such owners be named herein or not, and the Aaid .,Lien' shall be and Constitute a first enforceable claim against '`4he property on wbioh assessment is' levied, and shall be the first snc paramount. Lien thereon, superior to all other .,Liens � and claims except state, county, .and tmu"aialpal taxes, and `the sums so aaleBe sed shall :be payable as follow;e, towit : In equal installments (annual) , due respectively on or before /` .4� years after the date of completion and acceptance by the 4ity of said Improvements, and the sums assessed shall bear interest from date of suoU completion and acceptance at the rate provided, payable annually with each installment, and provided, that if default be made in the payment of any principal or interest when due, the whole of the as ent u on which default is made shall, at the option of /- or its assigns, e an ecome a onapdue and payable -together w th reasonable attorney's fees and costs of collection if incurred, and provided fdrtber that the owners of such property shall have the right to pay any or all of the said installments before maturity at any time , by payment of principal and interest accrued to the date of payment. 111. The vity of 4ichita Falls shall not be in any manner liable for the payment of any sums ass s ed against any abutting property or any owner, but the said r- t5ce- , and its assigns shall look solely toe-bu-ch owners, or p men o all sums assessed ; but the city of Wichita Yaalle shall exercise all of its lawful powers to aid in the enforecement 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 Wichita balls, as near as possible in the manner provided for sale of property for the non- a ent of ad-valorem tax tes, or at the option of the said r or its assigns , the paay- maa UZ: o ,., Said sums and s ene an iabilities shall be endorced in any court having jur sdi .ction. IV. Vor the purpose of evidencing the several sums assessed against said"'paroele of abutting property and the owners thereof, and the time and terms of payment, and to aid in the enforcement thereof, assignable certificates shall be issued by the Uity 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 Qi y k%lerk yvith the corporation seal, and shall be payable to or its assigns, and shall declare said mounts , k1me and erms 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 as description of the property by lot and block number of 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 name of the cw ner be unknown, then to so state shall be sufficient, and no error or mistake in describing any property or is giving the name of owner, shall invalidate or in any wise impair any certificate or any assessment levied by this ordiaaance. Said certificates shall provide substantially that if same shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costs of collection if incurred , and shall also :provide substantially that the amounts thereby evidenced may be paid to the collector of taxes in the Uity of a'ichita -rails, `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 vity Treasurer to be kept and held by. him in as separate fund hereby designated as 2&ez_or� otreet wpecia.l Certificate Fund No.� and when any amount shall be made to the tax -collector upon such certificates, he shall upon present4tion to him of the certificate by the contractor or other holder thereof, endorEe said payment thereon, and the contractor or holder of such certificate shall be entitled to receive from t']-,.e Qity Treasurer the amount paid, upon presenting to him such certificate so endorsed and credited by the holder with the amount paid ; and such end orcement and credit shall be the Treasurer 's warrant for making such payment. Payments by the Treasurer shall also be receipted for by the holder of such oartif- icates in writing, and by surrender thereof when the principal, toge- ther with accrued interest and all costs of collection and reason- able attorney's fees, if incurred , 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 with the law, and that all pre- requisites to the fixing of the assessment lien against the pro- perty described in such certificates and the personal liability of, the owner have been regularly done and performed , and such recit- als shall be prima facie evidence of the facts so recited and no further proof thereof shall be required in any court, oaid certificates may have coupons attached thereto in ovi- den.ce of each or all1of the several In tallments thereof, or may have coupons for each of the first inetallments: which coupons shall be payable either to or bearer; and such coupons may no eignedAel e with th; orig_T`=& or with the facsimile signature of the hayor and City Qlerk. V. Full power to make and levy re-assessments in any case and to correct mistakes, errors, invalidities, or irregularities ; either in asedesments or certificates issued In evidence thereof, isj in, accordance with law , vaned in the Uity, ed are .The that the improvements herein m pt"t 1;6? beinedelayed ing the effect of this- 0 - nance , and that the .*W1 condition of said ion of street A"'Chgers the public health that t the i' �laye d ing the n f t ion 7oaia t t and safety, coneti uto nd creosO ' an urgent public necessity requiring that the rulee ordinances be read at r at more than one meeting q� or more„ no time be suspended, &noapsee L and requiring t pbAg?s ordinance be passe cot as an 6,,,) s 'aa emergency urie , and such raises are accordingly suspe n and thieZdinunoe is passed as an emerkenoy measure , and ahar be in force and effect immediately from and after its passage. Passed and approved this day of 192 . Attest:- Mayor, City 01' Wichita Fa CITY Olerk