Ord 715 3/1/1926 L.0)
Fcrm 9 (1 of 4)
ICE LE�VYIITG ASQc'E&S10,-MT F O-L A !)�'uaT
OF TIHE COST 0-7 IT.liPOVI7TG
A- 3. DC-TIOZ,, OF
S I B LE Y _ VENUE JIT THE C!TY OF
"V;ICITIT_i F-','LLS, TEJ1L.S, FI-&-IYG C 1-7 AND
LIEN IGAMST ."'LBUTTIITG Pa_,. orz'TZ1nY _"."D 11177,
0711-,TITERS THEREOF, PROVIDIF-.G FOR THE COL-
LECTIO1,1 OF SUCH AYM FOR TITS
ISSUANCE OF C7-,�1"TIFICATEIS., AND
D*rD'C!..kP,IN(,' AN EL1ERGENCY.
:E
BE IT ORD" IN �- Y T ED BOARD 0" ' LD
-U, 1y
OF T 171, CITY Or, 'OTIC=_� F..ILLS, rT SAS, THAT
MHEREAS, the BoarC_ of AlLorm.e.n of the
City Of `J.Iichita Fa.1 Toxas , has horot-oforc by resolution -.passoo
on the 19th day of October 1925 ,orC_ereC the ir..iprrv,' .
MOilit of Elb-1-9-y-Avenue
in s;-'iC_ City from its into.L
Section with __Tho West property line of Broad Street
to its intersection with th - o-oert
0 2iS_t__2r iv_—__
Holiday Street _ by raisin-, grac'_iiag and fil],ir�g same
ar-6- a ing- concrete curbs fnC- uucters aliC, paving v,,,ith two inch
Sheet sph, lt (V,'illite Processl On five inch plain conTrReMe—
f ounLa on; and '_�_o n-yr-a-c-t-
ing ar-C- construction--o-f-Ei-i-c—h improvements was 1.at to Plains Pav-
ing Company; anc the Engineer fileC_ with the City roll or state-
ment OhOlving description of the various parcels of abutting prop-
erty, the amounts to be assessed against each parcel of property
and showing other matters anC- things; anCl such roll or statement
was examineC, anC, approved; and after Clue a-2C_ proper notice , hearing
was helC_ and had; ana by resolution passoC, on the Cay of
192 , all protests anC. obj"e_ctions ;jcj:�e
(7Ve_rr_u_Te?7`anC, _t7P,—sai(I hearing closed, anC.
'WHERE,,.-�S all other matters anC, things necess-
ary anC, prerequisite hereto have been Cone anfL performoC ; and the
Board of aldermen being of the opinion that the apportionment of the
costs hereinbelow mace anC. set forth is in substantial proportion to
the benefits to the respective parcels of abutting property in the
enhanceC_ value thereof by means of such improvements, a !C- is in ac-
cordance with law and the proceedings of the CitIT, and thatthe amount
hereinbelow shov,,n anC- assessed against such parcels of property Co not
in any case exceed the benefits to such property in the enhanceC_ value
thereof by means of such improvements, anC that the assessments so
shown anC. made Lo �r exceeC- the proportions of costs properly ch-'r,3e-
able to such property un(".cr the law and charter in force in this
THEREFORE BE IT ORDAINED BY- THE BO.:IRD OF
ALDEMiERT OF "HE CITY OF ',.;!CHITa F-;'A.LLS?
T 17LIXAS, THAT:
I.
There shall be anC, is hereby levieC_ anL ass-
esses: against each parcel of property hereinbelow mentioned ane. against
the owners thereof the sums of mc-ney Velow mentioneC and itemizes. aiiC
the total amount set Opposite the description_ of each parcel of prop-
erty; the CLescription of such property, the several amounts assessed
against same, together with the total amount assessed, aric'- the names
of the orinerS of such property so far as known, being as follojjs:
Form 9 (2 of 4)
II.
The several sums above mentioned assessed.
against said parcels of property and the owners thereof , respec
1� together with interest thereon at the rate n esg�fees ht aand pcosts
cent per annum, together with reasonable at
of collection, if incurred, are hereby declared obetJ�11dh made
he a
lien upon the respective parcels of property againstainst the
same are assessed and a personal liability am chargevra be nam-
real and true owners of such property,
�� herd 0 nod, ande said lie1�5D11a11 beradonehch the ass-
1 and enforceable claim against the prof
essment is levied, and shall be the first and paramount lien there-
on, superior to all other liens and claims, except state , county
and municipal taxes , and the sums so assessed shall be payable as
follows, to-wit:
In six equal annual installmenfouruandreipec-
tively on or before thirty days , one, two, three ,
years after the date of compl
etion and acceptance by the City of
said improvements, and the sums
assesseandd. s11untilall epaidar natlthe ratest e
date of such completion
ayable and acceptance with each installment, and provided
above .provided, payable, annually T installment of prin-
that if default be made in the payment of and on which
cipal or interest when due, the who
of the assessment up
default is made shall, at the option of the Plpayable ,ns fng togetherny
or its assigns, be and become at once due and pay if incur- .
�r r ro ert shall
?] reasonable attorneyersthat fees
theand
owners of suchosts of
ybefore
red ; and provided further or all of the said installments
have the right to pay any
maturity at any ti. - , by payment of principal and interest accrue
to date of payment.
III.
The City of Vlichita Falls shall not be
any
abut
manner liable for the payment of any sums assessed age rst an and
ting property or any owner, but the said Plains Pavement of the sums
its assigns shall look so lely to such owners for payment
f chita Falls shall Exercise all of its
assessed; but the City o �:'+ii
lawful powers to aid in the enforceandmentifndefaultd. cshallobe said
and sums and personal liabilities,
the payment of any of said sums, collection thereof shall be enforce
either by sale of the property by the tax collector and assessor of
ed
the City of 1,4ichita Falls, as near as possible in the manner provid
for the non-payment of ad-valorem taxes, or,
for the sale of property or its assigns, the payment
at the option of Plains Paving Company,
of said sums and said liens and liabilities shall be enforced in any
court having jurisdiction.
IV.
For the purpose of evidencing the several sums ass-
essed- of abutting property and the owners thereof,
essed against said parcels payment, and to aid in the enforcement
and the time and terms of pay the City of ',-'Jichi'-
thereon , assignable certificates shall be issued by
r'alls upon the completion Land acceptnnamefofhtheoCityrk hand aetesteaat1J
shall be executed by the l;�ayor in theand shall be payable to
by the City Clerk with the corporate wand shall declare the said-
plains
Paving Comy. ny, or its assigns, -e
amounts, time and -Germs of payment, and the rate of interest
Late of completion
Farm 9 (3 of 4)
and acceptance of the improvements, shall ccntair_ the n:-r..e of the
(;wnor of property as accurately as possible , shall cc stair= a C_os-
cription of the property by let an block ntl_mber or flcrLt -feet there--
o ' , or such other C-o!:=iDticn. as may ame' anc.
i the property shall be ownoC_ b-r an estate , then the '_oscri .tics'
t_.crecf as so ov-rncL shall ba suf-ficic st, or, if the n. rie of the
be unknown, then to so State t110 fact shall be sufficiel'It anal _-:o or-
rcr or mistake in ,- �,cribiia a_iy property, c:r i 1 E;ivin`; the name cf
any owner, shall cr in any wise impair any certi is -
ary assessment levied by this ordinance.
Said certificate shall provic_e substantially that if the
same shall not be paiE promptly upe;'i maturity, then they shall be
collectible with reasonablc a-'Utor_oy' ^ fees ar'L costs of collect:}_c�:,
if incurreC_, anC shall also prc•vic'_e substantially that the 'mounts
evidenced thereby may be pail to the Collector of Taxes of the City
of V.ichi.t Falls, T�.xas, who shall issue his rocci?)t therefor , V!I'Iich
receipt shall be evic_once ci such payment upon a-sy, demand for same;
and the Collector of Taxes shall C.epcsit the sums so recoivod by him
forthwith with the City Treasurer to be kept anC_ held by him i _ a
separate fur.0 hereby designated as " SIBLEY AVEITUE _
Special Certificate Fund No. and wl-ion any payrient al C ri f:e c
the Tax Collector upon such certi.iic .te, he shall upon pre cntaticr.
tu 11im of the certificate by the contractor or ether holc.er thcirccf,
endorse said payment thereon; ar.C_ the ccncractor or holder of such
certificate shall be entitled to receive from the City Treasurer the
amount pai(L, upon presenting to 'rim such certificate so enC.orsed an_
crecliteCL by the holder with the amount paiC.; and such enCiursement
and credit shall be the Treasurer' s warrant for making such payment.
Payments by the Treasurer shall also be rcc5iptoL for by the holder
of such certificate in writing, and by the surrenC er thoreef when the
principal, 'together n-.:ith accrued interest an,11 all costs of collection
ar, L reasonable attorney' s fees, if incurreC., have been paiC_ in full.
Said certificates shall further recite substantially that
all prcbeec.irgs with refororce to making such imprcvements have been
regularly had in cc })lia4co with law, and that all prepoquisites to
the fixing of the a: :e---sment lien against the property C_eccrib::d
such certificates and the personal liability of the owner have bc:;i:
regularly C_cne and performed, and such recitals shall be prima facie
evidonee of the facts se recited and no further proof thereof shall
be required in any court.
Saic_ certificates may have coupons attached thereto• in evi-
C_onee of each or all of the several installments thereof, or m -- have
coupons for each of the first five installments, leaving the i.ain cer-
tificate to serve for the sixth ir_stallmentl which coupons shall be
payable either to Plains Paving Company or its assigns or to Plains
Paving Company or bearer; ar_d such coupons may be signs: either with
the original or with the fac-simile signatures of the M,ycr ;fin_ City
Clerk.
Saic. certificates shall further recite that the City of
Wichita Falls shall exercise all of its lawful powers when regilesteC_
to C_o so by the hclC.er thereof to aid in the collection thoreof, anC
may contain recitals substantiall;r in accordance with the above a.
other additional recitals pertinent or appropriate thereto , I?,nd it
shall not be necessary that the recitals be in exact form set fo.rt;i,
but the substance thereof shall suffice.
Form 9 (4 of 4)
FUZZ power and levy re-assessments in any
case, and to correct mistakes, errors, invalidities or irregular-
ities, either in assessments or certificates issued in evidence
thereof, is in accordance with law, vested in the City.
The fact that the improvements herein mentioned
are being delayed pending the taking effect of this ordinance, and
that the condition of said portion of street endangers the public
health and safet:r, '-.onstitutes and creates an urgent public nec-
essity requiring that the rules providing that ordinances be rep
at more than one meeting and for more than one time be suspende(-,
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 emergency measure, and shall be in
force and in effect immediately from and after its passage.
PASSED AND APPROVED this ,,day of
192 .
ATTEST: Mayor
i y ex