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Ord 509 5/12/1924 ` Fora ORDINANCE LEVYI?rC SSESSII�ETIT FOF; J_naT OF THE COST OF IL.JPROVING A PORTION OF �*YT?.R STREET IN THE CITY OF ,J][CHITA FALLS ,'TEXAS, F IX'ING A CH«P.GE AHD LIEN AGAINST ABUITTING PRWERTY AND THE OWNERS THEREOF, PROVIDING FOR THE COL^ LECTION OF SUCH ASSESSI,2EN^TS, AND FOR THE ISSUANCE OF ASSIGNABLE CERTIFICATES, AND DEC L IR I NG AN EIZI R GENCY. Whore4s, the Board of Aldermen has heretofore by resolution passed on the 24th day of March 192 4 , crdored the improvez�ont of TYI,F Street in said City fr D-m SOUTH PROPERTY 1 ine of .TENTH Street to UTH CURB —dine of ELEVENTH Street, raising, grading .F nd filling some and ins to i-ling CURR. and p,,ving with ONE COURSE REfNED CONC ZTE and contract for the making and construction of such i.-2pr ovements was let to WHITHAIT AND COMPANY and the Eng- ineer filed with the City roli or statement 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 staterient t-,Ys examined and approved ; and after duo and proper notice, hearing was held and had ; and by resolution passed on the 28th day of Auri 1 192 4 , all Protests and objections made Y�ere overruled and the sa hearing closed ; and `,'WHEREAS, ^11 t.�u�x •:� �t•�� _uid things neoi-ssary a,nd pre-- requisite hei:uto hive been done and pox forried ; and the Board of Aldermen being of the opinion that the apportionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehhaneed 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 th:,t the assessments so shown and made do not exceed the pro- protions of costs properly chargeable to such property under the lave and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF 17 ICH ITA FALLS, TEXAN, TEAT: I. There shah�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 scams 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- pective )parcels of property against which the same are assessed 4nd 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 shell 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 shall be p,uyab'l.e as follows to wit : In SIX egna:'-f iM�Xi&z installments (annual) , due respectively on or before Q one - Two . Three .Four and Five omp?_etion years after the date of c , .nd .-ccep-rance b—Three . City cf said improvements, and the sums assess a ti:-I-ill bear interest Tro7. date of such completion �,.nd acceptance rt '11e rate provided , ,annually with each insta,llrleilt, and provided that if default e made in the payment cff ,any ,., _ncipal or in-�e-est when due, '.-,*­ Form # 9---Page 2. whole of the assessment upon which default is made shall, at the option of L. F. V4�THAII AND COIiPANY or its assigns, be and become^at once due and payable together With reasonable attorney's fees aria costs 0+ callcctior. if incurred, and provided further that the owners of such prop ;^ ;y shall have the right to pay any or all of the said installcmerats 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 T., TTi4AU r, and its assigns shall look solely to suo owners for payment of the su-ms assessed ; but the City of 17iehita 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 wiehita Falls, as near as possible in the manner provided for sale of property for the non-payrlent of ad-valorem taxes, or at the option of the said r T. YMITH V! .'.IT'D CO?TPANY or its asigns, the payment of said sums and said liens and i i-bit- ities shall be enforced in any court having jurisdiction, IV. For the purpose of evidencing the suverel sums assessed ag ainst said X-rcels of a.rjutti)l g prop.�x ty and the owners thereof, and the time and terms of payment, and to aid in the enforosrrlen* thereof, assignable certificates shall be issued by the City of i7iehita Falls upon the completion qnd acceptance of the work which certificates shall be executed by the ,Rayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. E. WHITHATI AND 001.EDANY or its assigns, and shall ec are t e said amounts, time 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 as possible, shall contain a description of the pro,)erty 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 certificate or any assessrnient levied by this ordinance 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 collect- ion if incurred, and shall also provide substantially that the amounts thereby evidenced may be paid to 1-1he collector of taxes in the City of 1,Viehita 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 spea,rate fund hereby designated as _ TYLER 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 w%rrant for making such pvyment. 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 accried interest and all costs of cr-llection and reasonable attorney's fees, if incu?�ied, have been paid in full. Said certificates shall further recite substantially that all proceedings with reference to i2ahing such ' improvements have been regularly had in compliance �,ith the law, and that all pre- requisites to the fixing of the assessment lien against the prop- erty described in such certificates and the personal lia,bilit-y c-�" the owner have been regularly done and perfo.rriied, and such 7ec i' - a,ls shall be prima facie evidence of th.e f<n^ -,o - 611 Page 3 --- Form it and no ('tether rroc.Lo thereof '91%�Il IJ6 1,e, 4:;A,1,"�rl r, any 0 ourt SaTtd -ertifioates may ha-e attached -t-here--";c in evidence of each or all cf the save'ral -Lostallmamts thereof ,, or may hare conpo6s for each of the firs ' install 1' - ments ; which coupons shall be ppyable eit'. r 0 L.*._& __ALM_Q 0 T_T A,N Y or its ass'gns , or to L. 7R,_- VM­ITE_A_TT ALT_- %_7 JU LT A LI Y or bearer; and such coupons ns may be I3ne d.q either with the original or wit'h the facsimile signature of the May and City Clerk. V. Full power to make a.nd levy re-assessments in any case and to corred-t mistakes , errors, inva_7.JJ.d-j_'-.-'.c'_-- , Or irregularities; assessments or cer-tificates jsu,:)6. in evidence either in assessm thereof, is in accordance wit1i law , vested in t-he City. VI. The fact that -10-he 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 r)::o'viding tha-L' ordinances be read at " more than one meeting c.nd for more than one time be suspended, and requiring that this ordinance be passed and take effect as an L emergency measure , and such vales are accord-d- *nglY suspended, 4nd this ordinance is passes, as an emergency measure , and shall be in force and effect immediately f_-om and after its passage. Passed and approved this --day of T a-y a 117,9—. of V,,.'iohi Attest : - City Clerk,