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Ord 501 4/21/1924 Fbrm �9. ORDINANCE LEVYING ASSESS1J1ENT FO1, _?riRT OF THE COST OF IlfPROVING A rORTION 07 _. .3ANTE FL AVENUE Vm IN 'THE CHTY OF WICHITA FALT S,TEXAS, p 11,71111" A CH�LRGE ARD LIEN AGAINST ,!BT7eTING AND THE OWNERS THERI,2F, PROVIDING POR THE CO_L^ LECTION OF SUCH ASSESS11V7 _S, AND FOR THE ISSUANCE OF ASSIGN.)BLE CERTIFICATES, AND DECLARING AN ETvE R GENCY. v-ihore�,,s, the Board of Aldermen has heretofore by resolution Passed. on the 25thd,-ly of February 192 4 , ordered the improve:,aont or—ante Fe Street in said City fr�3ra its inter- section with the en er o aeyrnour Road East bduacaft to its intersection With the -South Curb line of Seymour Road West 56CER, by raising, grading =d f ill ing same and installing concrete curbs and paving with one course re n orced concrete and contract for the i�a.Liio and construction of such i:-improvements was let to L. E. 1,7vhitham 3� Co. and the Eng- ineer filed Mth the City roll or state:lent ' sho wing descriptions of the various parcels of abutting property, the amounts to be assessed against ec-:ch parcel of property and showing other matters and things; and such roll or statement �,Yas examined and approved ; and after duo ^nd proper notice, hearing was held and had ; and by resolution passed on the 7th day of April 192 4 , all Protests and objections made were overruled and the sail—hearing closed ; and �IJHEREAS, all_ c-f-hoc rnrAbtAz aiid thinga t�r ,< , ry and pie requisite hereby have been done and pox fclrr:,ed ; and the Boyd of Aldermen being of the opinion that -the ;tpflortionment of the costs hereinbelow made and set forth is in substantial proportion to the benefits to the respective parcels of abutting property in the ehha.noed value thereof by means of such improvements, and is in accordance with the law and proceedings of the City, and that the. a,raounts 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 improve:monts, and th-;,t 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 BDARD OF ALDERMEN OF THE CITY OF i- ICHITA FALLS, TEX A, TEAT: 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 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 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, it 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 o,,vners be named herein or not, and the said lien shall be and constitute a first enforcealbe c1a,i1 against the property on ,Tvhich assessment is levied, and shall be the first and paramount lien thereon, superior to all other liens and clans except state, county, and municipal taxes, and the sums so assessed sYl 1 be pF.yab L(,, as follows to wit ., In six eq+ a:' installments (annual) , due respectively on or beforo thirty days one , two , three , four, & five Years after the date of co7aj :):Z t� 1 n,5.rn <_�ecepza.nce y e CiTF said improve7:ients, and the sums assessed shall bear interest date of such coimpletion ^.nd ,a.cceptanee at the rate provided , ,annually with each install dent, and prow;-ded that if default re made in the payment of; any 1m� incipal or interest when due, t',- -Form 9---Page 2 . whole of the assessment u- on which default is made shall, at the option of L. 7"• 141itham & Co. or its assigns, be and become at once due and payable togat-her with reasonable attorney's fees and costs of collection if incurred , and provided further that the owners of such property shall have the right to pay any or all of the said instalements before maturity at any time, by payment of -principal and interest accrued to the date of payment. III. The City of Wichita, Falls sh,%ll not be in any mariner liable for the payment of any sums assessed against any abutting property or any owner, but the said L. ',;hitham & Co. and its assigns shall look solely to sucH owners for payment of the sulMns assessed ; but the City of t,,7iehita 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 '7iehita 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. Yy'hitham c Co. or .its assigns, the payment of said sums and said liens and li'"D ities shall be enforced in any court having jurisdiction. IV. For the purpose of evidencing the several sums assessed against said po.xcels of abutting proncrty and the owners thereof, and the time and terms of payment, and to aid in the enforcamell* thereof, assignable certificates shall be issued by the City of °Wichita Falls upon the completion and --cceptanee of the work which certificates shall be executed by the ;,Mayor in the nave of the City and attested by the City Clerk with the corporation seal, and shall be payable to L. ]. ra'hitham & Co. or its assigns, and shall Teo are the said 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 as possible, shall contain a description of the pro-oerty 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 gs 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 ordinanoe , 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 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 San-te Fe Aveune Special Certificate Fund No. ___ and when any amount shall be made to the tax collector upon such certificates, he shall upon pre$entation 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 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 collection and reasonable attorney's fees, if incur-ked, 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 ,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 liabilitu, the owner have been regularly done and perforriied, and such ^sec i'. a g shall be prima facie evidence of t11., ` Page 3 --- Form j; q. and no further proof thereo shall iz,. a• ,.rA;red in any court. Satd certific,�-i ,3 mo,y attached there*o in evidence of each or all c_= t--Ke several installments thereof, or may have coizpojjs for each of the firs L. six install- ments ; which coupons shall be ppyab"le either to 7Thitham w Co. or its assigns , or to L. i ham&Co. or bearer; and such coupons may be signed either with the original or Ttaith the facsimile signature of the May and City Clerk. V, Full power to mare and levy re-assessments in any case and to corredt mistakes , errors , invalidities , 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 publio 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 emergcr.u;y measure , and shall be in force and effect immediately from and after its passage. Passed and approved this _day of 192�_ Ilia oy_ Wi ttT of tir ichi�Ca F'a .. Attest : - City Clerk,