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HomeMy WebLinkAboutOrdinance 728-A .RM NO.16 p AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON_._._RY.AK.:PL.A0E...DRUK-9 REM, IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE_.S.0.UTH. LINE OF....._.......JBSSAMIN>1...._.-_--.._..............,..-..STREET,AND ITS INTERSECTION WITH THE.. NORTH LINE OF...................C6PPS.-._.-....------__.................STREET AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the........._..lLtR..............day of__._Si3pt&m:ho........... 191.--.3., the Board of Commissioners of the said City directed the improvement of.._._Ryan-Plage.Dr ge-.-._--_.....-._..._,__36makbetween its intersec- tion with the..9Q,. th ......lineof....._.Jpsseaine ,------_-_Street with its intersection with the.....north-____._ line of_......_......_9mPPB.........................Street, by raising, filling, grading, and paving the same; and, WHEREAS, In accordance with said resolution, specifications for said work were duly prepared by the City Engineer,and adopted by the Board of Commissioners; and, WHEREAS, Bids for said improvements were duly advertised for, as required by the City Char- ter; and, WHEREAS, Said s ere received, opened and considered by the Board of Commissioners, and the bid of the Texa t is Company, a corporation, for the improvement of the said portion of said Street, was ce t y said Board of Commissioners; and, WHEREA s i Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b he C for the improvement of said street, within the said limits by rais- ing, grading, and fil ing the1; nd,' and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' WHEREAS, The WCompany ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in c da ce with the said contract, and specifications, with surety as required by the said City Cha r hi contract and bonds with the surety thereof, have been duly approved by the said Board mission ; and, WHEREAS, Thereafter, he City gi e of said City filed his written statement with the Board of Commissioners concerning the sa' i e ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the sai rd did y solution of date,the............_!_....day of_. 191...__.., find and declare the necessity of as ss' a portion of the cost of said improvements against the owners of the property abutting the n nd owner of street and steam railways thereon and their property and did prescribe a hearin the sai ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se ary o t said City to issue notice of the said hearing by advertisement, as provided by the said City er, an also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, e 't Secretary did issue a notice of the said hearing to the said owners by publication ther , or a time and in the manner prescribed by the City Charter, in.._.Fort.._Worth...BeQQ.rsl_._._..._..........._...__-a dail aper of general circulation in the City of Fort Worth, for five (5) consecutive days pri to the s ' ring,and did also notify the said owners of the said hearing by posting a copy of the said notice o them, at the post office, in the City of Fort Worth, Texas,more than ten days prior to th a o t earing; and, WHEREAS, The said hearing in accordance with the olutio d notice was held by the Board of Commissioners on the...._.........................day of........._........_._................. 1..........at_._.___.....o'clock...............M., at which time and place .......................................... -...... ................ _-....\ ...........-._...._................__....-.................-........,_.---__•--_...................................._...............- - --- - ......-----.-. ._.....---...... ..............................--.-..._...-......-•--_.._ - - ........................_........................ .. .. - _.-_......-............._............-----._..._. owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. wit NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- (1) That the benefits to eater parcel of abutting property of each owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assessed against such owners and their property, and the said Board having considered the evidence and it appearing there- from that the strict application of the front foot rule or plan, whereby each owner is to be assessed in proportion as the frontage of his property is to the whole frontage improved, would operate unjustly in particular cases and that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens im- posed upon such owners, and said apportionment is hereby adopted. (2) That there is,and shall be,assessed against each of the owners of abutting property hereinbelow named, and against the several parcels of property of said owners hereinbelow described as their proper pro rata part of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their property. The name of the said owners,and descriptions of the property of each, and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit: Contract Awarded Oct. 22-1919 u;IT BID Contractor- Texas B3.iul thio Co. geqin6-- ,,� p- gq.Y Pavemei,t- Bitulithac:-511 C6no.Bae6 Excava.- RATE PER FI;T. FT. Paving- $44.65 Grading- 0.2512 Total- 4.9013 March 6-1920. PAVIVG'ASSESSIMNT FOR RYAN PLACE'DRIVE FROM S.P.L. JESSAMINE ST. TO N.P.L. LAPPS ST. 7 A LOT Bre'. ADDITION FXTG. RATE TOTAL Ct,8T 3.W. 4Ui.119.n,r,.a. Jr. 4 5 RYAN PLACE 150 44.9018 (735.18 "t,Worth Lan6, Co. 5 5 " It 60 " _ 294.07 �Tmo.C.Ryan Land Co.6-7 & 8 5 it " 150 " 735.18 Ft.Worth Land Co. 9 5 rt " ;"5 " 367.59 H.L. Warwj-ak 4 10 it TM 140 TM 686.17 ".D. Davie 5 &6 10 " " 100 TM 490.12 I3,J. Morlang 7 &8 10 It " 1.00 TM 490.13 Ft.Worth Land Co. 9 10 " TM 50 it 245,06 J'nt.0.R.,. in Land Co. 10 16 " "' 50 It Ft.'gorth Land Co. 11 10 r' " 50 It d45. :6 Jno.C. Pygn Land Co.12 10 tr tt 50 " 245.06 F t.WortL, kan'. "a. 13 10 " " 50 & 16 10 " " D-50 " 735..18 Jno.C.R.yan Land Co. 1 & 2 20 rt "' 100 TM 40.12 t7.G. 0-axkson 3 20 " " 50 it 245,06 Jno.C.Ryan Land. Co.S.1 .4 20 " TM 2:3 7.G. Cla:,:keon- ir , 4 20 " " 23 tt 112,73 Jno C.Ry,,,,,a Lana Co,-5-6&7 20 ifx It. SO if755.18 Uyno,C.R an Land Co,- r�1 7 to12 Tnloueiv'e n'! " " 298 tt 1450.78 W.V. 1j10,_t.CazGi01 1.vu B1.iz. 8 50 " 245.06 G.V. Dorton 13 9 RYAUT PLACE 50 " 2445.06 G.7. Dorton 1.4 9 " " 50 TM 245.06 Ft.Worth Land Co. 15 9 " " 50 6 Jno.O.Ryan Land Co. 16 9 " " 50 " 245„06 Ft.Worth Land Co. 17 9 " " 50 " 245.06 Jn.o.C.Ryan Land Co. 18 9 '< " 50 't 245.06 "t.Woxth Laud Co. 19 9 " " 50 " 245.06 Jno.0,Ryan Land Co. £0 9 50 " 245.06 Ft.Worth Land Co. £a 9 " If 50 TM 245.06 Jno.C. Ryar Land Co. u? 9 " " 50 n 245.06 Ft.Worth Land Co. 13 9 " rt 50 " 245.06 Jno.C.Ryan Land Co. 24 9 " " 50 " 245.06 Ft.Worth Land Co. 1 9 TM " 140 if 686.17 E.T. Renfro 1 6 " n 150 " 735.18 Ft.Worth Land Co. 13 6 " " 60 " 204,07 Jno.C. Ryan Land Co. 12 6 TM " SO " 2.45.06 Ft.Worth Laud Co. 11 6 " " 50 " 245.06 Jno.O.Ry= Land Co: 10 6 TM a 50 't 245.06 Ft.Worth Land Co. 9 6 " " 75 367.59 Total coot to Property Owners------ 114,900. . Total Cost ,o City of Ft.'+Vorth----- 2 6C'7.32 MRAWD TOTAL----------- 7,516.78 .IRM NO.14 CONTINUED - That the amount set opposite the name of each owner above, and his property is hereby assessed against the said property and declared to be a personal liability of the owner thereof, and secured by a lien upon the said property superior to all other liens, claims or titles, except lawful taxes, that the amount payable by each owner, and assessed against his or her property, above, shall be payable as follows, to-wit: In three equal instalments, one payable within 30 days after the date of completion of said work and its accceptance by the City, one within one year, and one within two years from said date of ac- ceptance, provided that said owners shall have the right to discharge any instalment before maturity by payment thereof with accrued interest. That default in the payment of any instalment of principal or interest upon said assessments when due as herein provided shall, at the option of said Texas Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole amount thereof,both principal and interest,which shall at once become collectible without notice. (3) That the said assessments shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessment and claim of personal liability shall be enforced, either by the sale of such property by the officer and in the manner,as far as applicable,as sales are authorized,to be made for non-payment of City Taxes as prescribed by the City Charter and general laws, or by suit to enforce the said claim of personal liability or lien in any court having jurisdiction. (4) That the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against their said prop- erty,which said certific,p&a shall declare the said sums to be due and payable in instalments as herein provided after comp i acceptance of said work,and shall be payable to the said Texas Bitulithic Company, and amount due from each property owner, and hereby assessed against his property, and t interes thereon, herein fixed at eight per cent (8%) er annum,and each cer- tificate shall recireaen against the property of such owner, and personal liabili o e owner, and shall describe such property by number and block, or such other description y Iden ' the same with reference to any other fact recited, and by the name of the owner and ' he owner s t known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall pr ' hat if the mount therein declared or any instalment of principal or in- terest thereof shall not be pa i when du the whole amount thereof shall be collectible with accrued interest, and with court costs, and r so torney's fees, if same have been incurred, and shall recite the proceedings with referen a provements have been made in compliance with the terms thereof and the charter of the Cit o Wort , nd that all pre-requisites to the fixing of the liens and personal liability, evidenced by sue cert' ca s have been performed. Said certificates shall be executed by the Mayor and attested by the it ecretary with the corporate seal. Said certificates shall P that the same shall be payable to a ax CollYu, f the City, who shall issue his receipts for payment thereon, which receipts shall be e ' nce opayment, on any demand for same by virtue of the said certificate, or any independent contra a same, entered into by the owner of property therein described, and shall provide t a he Tax of ctor shall deposit all sums received by him on said certificates with the City Treasurer and th sa' 'ty Treasurer shall keep the same in a separate fund, which fund is hereby designated as a. ........._..._.IixaD...F1.6e__➢ fig .___._.__._ ERTIFICATE FUND No._............, and that whenev y payme ay be made to the Tax Collector upon such certificate, it shall be his duty on presentation - d contractor, or the holder thereof, to endorse said payment thereon, and the con c r r older of such certificate, shall be entitled to receive from the City Treasurer the am o aid up presentation of the said certificate, credited with the amount paid thereon, and t a aid en rs ent and credits shall be the Treasurer's warrant for making such payment to the said co r, and that such a payment by the Treasurer shall also be receipted for by the said holder ' w ing to said Treasurer, or by the surrender of said certificate,when the principal thereof, toget r wit ce d interest and cost of collection, shall be paid in full. That said certificates may be issued, wi p hereto attached evi- dencing the several instalments of principal and interest thereof, whi h c ons shall be executed and attested by the Mayor and City Secretary as are said certificates and t terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any instalment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. Such certificates shall also recite that the City of Fort Worth shall not be liable for the payment thereof, or for any interest thereon, or for the cost of collecting or enforcing same, but that the said company or holder thereof, shall have the right to collect such certificates as therein provided by the terms of the Charter of the City of Fort Worth, and that the said City of Fort Worth shall, whenever demanded by the said Company,or holder of said certificates, fully exercise its charter power to enforce the lien securing the said certificate, and collect the same, but shall not be liable in any manner for failure to so collect or enforce the lien thereof. (5) That this ordinance shall take effect from and after its passage. I hereby certify that the above and foregoing Ordinance-was duly presented, Passed and adopted by the Board of Commissioners- of-the City of Fort Worth at a Regular session of said Board h ld June 1920. A. D. James Liston, Jr., City Secretary.