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HomeMy WebLinkAboutOrdinance 501 C _ . A {q, FORM No 14 AN ORDINANCE. Ri-Assessing a portion of the cost of improvementon�QA�QQ)r fi..14lIIil!!_____....5ii�,in the City of Fort Worth,Texas, between its intersection with the.-W-0.0____line of_..___°fit0A._ ...Street, and its'intersection with the_.__fit...._._line of.1MINI— t.....��e1 4_._._...... 81�i� against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS,On the_21k day of -..-. _..._, 19_.U., the Board of Commissioners of the said City directed the improvement of........9$0 .... 4$414. ...____._ between its intersec- tion with the.. w"t_,._ line of_fiallth__IL3112__._Street with its intersection with the......._4-" _line as 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, Sa#biwere received, opened and considered by the Board of Commissioners, and the bid of the TexaCompany, a corporation,for the improvement of theAvanue...........__- __... as accepted by said Board of Commissioners;and, WHEREAS, x itulithic Company has entered into a contract with the City of Fort Worth, as providear , for the improvement of said street, within the said limits by rais- ing,grading,and fillint s e, and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founds n•;ind,WHEREAS, The id pa ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance therei ac ce with the said contract, and specifications, with surety as required by the said City Ce , which contract and bonds with the surety thereof, have been duly approved by the said Boardommissio s and, WHEREAS, Thereafter, the City n f said City filed his written statement with the Board of Commissioners concerning the d ' o ents, and the cost thereof, as provided by Section 8, Chapter 14,of the Charter of the i state ent was considered by the Board, corrected and approved; and, ,WHEREAS,Thereafter the said Boa�r� ,b resolution of date,the...ZJL—day of....._... 19J- ., find and declare the necessity of se Ing a portion of the cast of said improvements against the owners of the property abutting there n, nd their erty,and did prescribe a hearing of the said owners,their attorneys,and agents,and fi a date a or and did direct the said Secretary of the said City to issue notice of the said hearing by a e ' ement, as provided by the said City Charter, and also by posting said notices as provided the in and, WHEREAS, In accordance with the said esolution, a 'ty Secretary did issue a notice of the said hearing to the said property owner sb�y ublication e o or the time and in the manner pre- scribed by the City Charter, in e 9K paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to aid heartd did also notify the said owners of the said hearing by posting a copy of the said notice to eac f , at the post office, in the City of Fort Worth,Texas, more than ten days prior to the date th ng; and, WHEREAS, The said hearing in accordance with r olution a d notice was held by the Board of Commissioners on the_. .day of........ ........... 1 ..., at.. o'clock a. in., atwhich time and place.................................................................................._-.........._.............. - ------------....._...-------_-._...._.-----.-..-----•---------------- owners of property,appeared to protest the sails sessment, and the benefits . .............. q ' of said �_._-_...................... d improvement con- nected with the improvement of said .. _... ..E -!M f_...................._......f4reet. NOW, THEREFORE, Be it further Ained by the said Board of Commissioners, as follows, to- wit: o- wit: (1) That the benefits to each parcel of property of each owner h &inafter named in the en- hanced value of said property exceed in each case the amounts hereinafteasaessed against such own- ers and their property, and the said Board having-considered.the evidenc nd it app�•ing therefrom that the strict application of the front foot rule or plan, whereby each owner is to bct�d'ssessed in pro- portion as the frontage of his property is to t4dwhole 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 bcFRssessed against each of the owners of property hereinbelow named,and against the several parAs 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 n9a�e of the said owners,and descriptions of the property of each, and the total amount in money hereby;d3sessed against each one, and his property, being as follows,to-wit: r Name Lot Block Addition Ftng Sq.Yds Cost Rete per C.A.A ]Gary Estes and J.O'Conner 1448 ft of 5 15 Jennings South 48 46.000 $100.30 3.0875 D./.Mer t in t.} of T.J Of 6 15 ' ' 50 50.000 104.38 ' D.T.Martin Z. } of 6 15 ' ' 50 50.000 104.38 " F.Fewton and Martins Sub.Blk C.Pick 30 $1 81 Jennings South 60. 63.000 131.51 3.1919 A.J.Cohen and So Dry Goods Co. W. of 1.} of 5 16 Jennings South 50 53.500 109.59 " J.J.Parker and Sallie 11 1 Smith,Jones & H.Culberson Daggett 156 280.6,* 586.17 3.7575 or earn respecLiveowner ana acceptance Lnereol ny Lne saia city. (3) That the said assessment shall bear interest from the date of the s id completion and accept- ance at the rate of 8 per cent per annum, 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 man- ner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as pre- scribed 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. r (4) That if any of the said property owners, against whom and whose property a Aassessment is hereby made, shall not pay in full when due the amount sFit ssessed, then, that the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of d perty so failing to pay sueflassessments, and against their said property, which said certifi s 1 eclare the said sums to be due and payable thirty days after completion and acceptance AQ ork, an shall be payable to the said Texas Bitulithic Company,and shall state the amount due fro each p e owner, and herel&.%ssessed against his property, and the rate of interest thereon, herein e t eigh ercent (80,1o) per annum, and each certificate shall recite and declare the fact that th ame is se re by a lien against the property of such owner, and personal liability of the owner, and shal e i such property by number and block,or such other description as may identify the same wi ference t other fact recited, and by the name of the owner and if the owner is not known, or if the p pe y ' owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide a ' the o t therein declared shall not be paid when due, then it shall be collectible with accrued inter d with court costs, and reasonable attorney's fees,if same have been incurred, and shall re i the procee 'ngs with reference to such improvements have been made in compliance with the ter there a the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lien Al,'persolialb' ility, evidenced by such certificates, have been performed. Said certificates shall a eMayor and attested by the City Sec- retary with the corporate seal. Said certificates sht the same shall be payable to the Tax Collector of the City, who shall issue his recei hereon, which receipts shall be evidence of such payment, on any demand for same by virt oft d certificate, or any independ- 1 ent contract to pay the same, entered,into by the owner h , shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi t�th t 'ty Treasurer and the said City Treasurer shall keep the same in-a separate fund, which funds reby designated as the-- Da he.—_..... _D�$$.e..titr..._ T_41e_......... CERTIFICATE FUND No. —,and tht eneve ny ayment may be made to the Tax Collector upon such certificate, it shall be his duty upon prn i b the said contractor, or the holder thereof, to'endorse said payment thereon, and that the o.. for or holder of such eer- tificate, shall be entitled to receive from the City Treasurer the amo=paid upon presentation of the said certificate, credited with the amount paid thereon,and that said endorsement and credits shall —be the Treasurer's warrant for making such payment to the said contractor, and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasurer,or by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. i 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 de- manded 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) ~10 ri8dtfiafi@Hball take effect from and after its passage. io I hereby certify-that the a - : ,nd fo dulp p-esehted and unanimously pass-d and adopted by the Board of Com- missioners of the City of Fort Worth, Texas, at session of said Board held Tuesday February 29th, A. D. 1916. C' V Becretayy. .