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Ord 1973-033
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Ord 1973-033
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8/27/2008 3:50:18 PM
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City Clerk
City Clerk - Document
Ordinances
Number
1973-33
Date
7/9/1973
Volume Book
42
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<br />I <br /> <br />I <br /> <br />I <br /> <br />00-11 <br /> <br />SECTION 5. The assessments levied in Section 4 above are <br />for a portion of the costs of said improvements in the streets <br />and Units therein set out which are included in said Ordinance <br />enacted May 29, 1973, and the assessments for the improvements <br />in said Units are in nowise related to, or connected with, the <br />improvements or assessments in any other of the streets or <br />Units described in said ordinance; and in levying said asseSS- <br />ments the amount so assessed for the improvements in said Units <br />have been in nowise affected by any fact or thing in any way <br />connected with the improvements or the assessments therefor in <br />any other of said Units. The omission of the improvements in <br />any of said streets or Units as a whole shall in nowise affect <br />nor impair the validity of the assessments in any other of said <br />Units and the omission of the improvements in any particular <br />street or Unit in front of any parcel of property exempt from <br />the lien of such assessments, or against which a valid property <br />assessment cannot be levied, shall in nowise affect nor impair <br />the validity of the assessments against the other properties in <br />such Unit. <br /> <br />SECTION 6. The several sums mentioned above in Section 4 hereof, <br />~~ed against said parcels of abutting property and the real <br />and true owner or owners thereof, whether said owners be named <br />or correctly named, or said properties be correctly described <br />herein or not, together with interest thereon at the rate of <br />eight per cent (8%) per annum and with reasonable attorney's <br />fees and all costs and expense of collection, if incurred, are <br />hereby declared to be and made a first and prior lien upon the <br />respective parcels of property against which same are assessed <br />from and after the date said improvements were ordered by said <br />City Council, and a personal liability and charge against the <br />real and true owner or owners thereof, whether or not such owner <br />or owners be named or correctly named herein, paramount and <br />superior to all other liens, claims or titles except for lawful <br />ad valorem taxes: and that the sums so assessed shall be payable <br />to the City of San Marcos, Texas, or its assigns as follows, <br />to-wit: in three (3) equal (or as nearly equal as possible) <br />installments as follows: the first of said installments shall be <br />due and payable on or before thirty (30) days from the daTe of the <br />completion of such improvements and their acceptance by the City, <br />and the two remaining installments shall be due and payable one <br />and two years from the date of the completion of the improvements <br />and their acceptance by the City. Interest on each assessment <br />shall run on the unpaid principal balance from the date of accept- <br />ance of the improvements by the City until maturity or due date of <br />each installment at the rate of eight per cent (8%) per annum, <br />which interest shall be payable at the time the principal instal- <br />lments become due as above set out (or at the time of payment of <br />such installments in the event of prepayment), provided, however, <br />that after the maturity of an installment of principal or interest, <br />unpaid matured principal and interest, either or both (if any) shall <br />bear interest after maturity at the rate of ten per cent (10%) <br />per annum. Any such installment may be paid at any time before <br />maturity by the payment of the principal and accrued interest <br />thereon. If default is made in the payment of any installment of <br />principal or interest when due, then at the option of the City, <br />the entire principal amount of such assessment, together with <br />accrued interest, shall be and become immediately due and payable, <br />together with reasonable attorney's fees and costs of collection, <br />if incurred. <br />
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