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Ord 505 4/28/1924 Form �9• .r' T ORDINANCE LEVY IITG AS S ES S IMIENT FOIE PART OF j THE COST OF I1".1PR.OVING A PORTION OF 1, M= IN THE CITY OF '4ICHITA FALT�S ,`TE?£AS, F lY ING A MZ RGE 6�91) LIEN ��.GA TI INST ABTA NE 2R OPEPTY AI ID THE OWNERS 'TnREOF, PROVIDING FOR THE COL^ LECTION OF SUCH ASSESSMENTS, AND FOR THE ISSUANCE OF ASSIGN41BLE CEPTIFICATES, AND DECLIRING AN. EMRGENCY. Whore,�s, thR Board of Alder me has heretofore by resolution passed- on the` ay °f �`G 192 ,, crdored the irzprove: ent of �� St1:r in said Cify fr,3rj its inter- section with the ,- line of its intersection Frith the by r-is+ing, grading Fund f ill ing same and installing „�. and p,,viJ.ig with ol, e ,f 1 and contract for the mahinC and construction of such i:aprovemonts was let to L. ; -�11 In, o and the Eng- ineer filed with the City roll or state ont ' showing descriptions of the various parcels of abutting property, the amounts to be Ussessed against each parcel of property and shoeing other matters and things; and such roll or st^terient was examined and approved ; and after duo Ind proper notice, hearing was held and had ; and by resolution passed on the ;� day of ,-, 192 all protests and objections a7id were overru ed an the sa hearing closed ; and 17HFREAS, rill- i-uid things ne( nsnry and pre-- :requ.islte hereto have been done and po Pxrr.ved ; and the Board of klder7ien being of the opinion that the rpportionment of the c js t;s hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of :abutting property in the ehhanoed 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 ease exceed the benefits to such property in the enhanced value thereof by means of such improvements, and th7;t the assessments so shown and made do not exceed the pro- protions of costs properly chargeable to suoh property under the lave and charter in force in this City ; THEREFORE BE IT ORDAINED BY THE BO1kPL OF ALDERMEN OF THE CITY OF �-,TICHITh _1AILLS, I XA , 'TrInT: I. There shaee 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 ariount 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 pks follows : - II. The several sums 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 )pareels 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 enforcea.lbe claim against the property on which assessment is levied, and shall be the first and pa,rar ount lien thereon, superior to all other liens and claims except state , co_.nty, and municipal taxes, and the sums so assessed sh,a'_1 be nF:,ya Le Is follows to wit : In ;;r eqt ­i:X* r_vx_±y installwlents (annual) , due respectively on or before Years after the date of co .1,` c, n Yir�cce , canceb-y tie City c said improve:,2ents, and the gums assesspa shall bear interest frorr: date of such completion ^.nd a,ccepta,noe nt the rate provided , nay,.j? ; annually with each install yen-., and provided that if defaiilt le made in the payment off €iny -x ;ncipa.l. or ;n-o-est when due, ```- Form_ # 9---Page 2. whole of the assessment upon which default is made shell, at the option of tl,.;:_rl !, o . or its assigns, be and become at +once due and­ pay9b`7e toether with reasonable atto=ey's fees and costs of collection if incurred, and provided further that the owners of such property shall have thq right to pay any or all of the said installemen.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 r;ny manner liable for the payment of any sums assessed against any abutting property or any owner, but the said :o. and its assigns shall look solely to suchowners for payment of the SUMS assessed ; but the City of ',;`7iehita falls shall exercise all of its lawful powers to aid in the enforcement and collection of said liens and sums and persona, 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 Falls, as near as possible in the manner provided for sale of property for the nonpayment ,z'f yya c t xes, or at e option of the said or its assigns, the payment of spA id sums and said liens and 11Sb il- ities shall be enforced in any court having jurisdiction, IV. For the purpose of evidencing the s�� eral sums assessed against said pareels of abatting prar�rrty and th.- owners thereof, and the time and terms of payment, and to -aid in. The enforo.amon* thereof, assignable certificates shall be issued by the City of Wiohita Falls upon the completion %nd qcoeptance of the work which oertif icates shall be executed by the ,Tayor in the name of the City and attested by the City Clerk with the corporation seal, and shall be payable to :_, o or its assigns, and shall ec are the saidamoun s, 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 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 Ss so owned s1lall 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 eertific%te or any assessment levied by this ordinance, Said certificates shall provide substantially that if some shall not be paid promptly upon maturity, then they shall be collectible with reasonable attorney's fees and costs of oollect 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 13liehita Falls, Texas, who shall issue his rece-.pt therefor, whioh 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 - atjn&ft Spec ial Cert if icate Fund No. and w en any amount shall be made to the tax colector upon such certificates, he shall upon prezentation 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 wgrrant for making such pciyment. P,�-,,yMents 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 cod lection and reasonable attorney's fees, if inour+.ed, have boon paid in full. Said certificates Shall fur-'her recite substantially that all proceedings with ref(;reilr.,e to T-D ing such ' improvements have been regularly had in compliance !ith the law, and that all pre- requisites to the fixing of the assess:'nent lien against the prop- erty described in such certi icates and the personal. liability � the owner have been regularly done and perfor* med, and ^,uch ~ec 9 t - �1s shall be prima fao i_e of tr o f? so ;^ec ' c ` y Page 3 --- Form r9. and no further proof thereof shrtill b_-. c- _i r d in any court. Sated certifica,to, may have attached thereto in evidence of each or all of !...e several installments thereof, or may have coupons for each of the first- S; x� install,-- ments ; which coupons shall be payable either to _or its assigns , or to or bearer; and such coupons may be signe­d7 either wi :. the original or with the facsimile signature of the May and City Clerk. V. ��''ull power to mare and levy re-assessments in any case and to corredt mistakes , errors, invalidit-Jes , 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, $nd 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 -__day of 192�_ LI jot Ci ty of W_1chiica. Flab. S. Attest : - City Clerk,