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HomeMy WebLinkAboutOrdinance 729 SRM No. 14 4 � AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.....-..FIFTH..-AMIIE............... IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE-.-North LINE OF..............LITS,SAG..............................._.................STREET,AND ITS INTERSECTION WITH THE.-.....30Uzf-.. LINE OF..............JZSBAMI».....................................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..._........16Ah._...........day of....& Ptemb&r............. 191... the Board of Commissioners of the said City directed the improvement of............F..iith...Avemm......................._..... between its intersec- tion with the.-Harth..........line of_............._JA1eG.Q,,,,,.._..__.-..-.Street with its intersection with the.. ;awth .1ixie- ofTati SAMina......................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 itxd*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 0 s 1 Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b he C to , for the improvement of said street, within the said limits by rais- ing, grading, and filling the a , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' ; nd, WHEREAS, The ' Company 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 er hi contract and bonds with the surety thereof, have been duly approved by the said Board mmission ; and, WHEREAS, Thereafter, he City � gi a 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 didy solution of date, the...._8'Zh.....day of...........� ::._...._._.... 19120...., 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 sailo.. -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, a 't Secretary did issue a notice of the said hearing to the said owners by publication ther f, or a time and in the manner prescribed by the City Charter, in...-Ft.InrtIL-Recar-d--_--- ........................ ...... ...............a dai aper of general circulation in the City of Fort Worth, for five (5) consecutive days pri r 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 hearing; and, WHEREAS, The said hearing in accordance with the s solutio d notice was held by the Board of Commissioners on the.--------------_.......... ....day of.-..-.-...._--_---...-....... 1 ---__---, at....... ....o'clock....-_ � M., atwhich 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. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: o- wit: (1) That the benefits to each 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: Prim, Bid Contz"t A%T=dod: Oct. 28-1919. pave eut- $Z.70 0ontr .ctor: T30=�.s Bitulithio Co. EXGQVF.tionF- .75 Vt"vemcnt:__ BitLa-A thio. _w (Juno _3'"1 . . _ PAVING ASSESSIMIT FOR FIFTH AVglM?_ FROII PAZ=MS TO „ __ . STREET. LOT _ BADDITION F:YTG.___ _ PATE _ TOTAL COST , _o- Thomas Gooch 2Z-437 24 FAIRS mIT 50 $5.4083 $274.42 X.R. Billington 26-25 24 it 50 It 270.42 J.R. High & Fort 270.42 Worth Land Co.- 63--64 Z5itIt50 Lizzie I. Hancock (a Ividlow) 61-6a 25 " 50 It 270.42 H.F. 'Wortia,= 59-60 25 " 50 It 270.42 Jno. C. Ryan Land 27C.42 Go.- 57-58 25 " 50 'c Jno,C.Ryan Land Co.55-56 25 " 50 " 270.42 R.G. Rhittin6ton 53-54 25 " 50 " 270.42 Jno.C.Ryan Land. Co.51-52 25 " 5C " 270.42 Jno.C.:ya,n Lazia Co.50--49 25 " 50 " 270.42 Jno.C.Ryan La:ad Co.48-47 25 " 50 " 270.42 T.J. Williams 45-46 25 " 50 " 270.42 Bary Shankle (a ®idovr) & J.W.aeax 43-44 25 " 50 " 270.43 J.S. Doak 41-43 25 " 50 " 270.42 G.T. Allen 3940 25 " 50 " 270.43 Jno.C.R " 50 " 270.42 yon Land Pso.37-38 ?5 Jno.C.Ryan Land Co.35--36 25 " 50 " 270.42 A.D. Brann 33-34 25 " 50 a 270.4a Doxotny Edwards 8-9 "All J.H. LUTHER 100 " 540.8$ Jno.C.Ryaa Land Co. 6--7 "A" u If 100 540.83 Jno.C„SRyan Lam*-ft. 13 4 CARLOCKS SOUTH 35 189.29 Sim 50 " 370.4.3Jno.C.Ryan -8e. la 4 "" ft Jno.C.Ryan Liss-fi . 11 4 " n it 54 " 270.42 Jno. C.P am L -8+s. 10 4 ftn " 50 n 270.43 - Jno.C.Ryan 9 4 " n " 50 n 270.12 Jno,C.Ryan 8 4 " " " 50 270.42 Jno.C. an L@. moo. 7 4 " " u 50 " 270.42 ,,y 6 4 n n n 50 " 270.42 Ciao.C.P'YF�a TTL:.����•��Co. 6` n n " 50 " 270.42 jao.0._Ly Coal Jam• 5 4 Bio.Cy lin o. 4 �• 'r n n to 2 7 0.18 50 42 4 " n n 50 u 270. A Jao.0,35"y", r-6o. 2 4 �� a n 54 -, ager-�o. 7. 4 76 411 03 ,Z*-,AL j L FOR, PPOPZV-TY 0yl?=S'-------- T?TAT, FOR CITY Or, FORT ''�.T: 2,500.76 GRAI'D TOTAL----- s FORM 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 secVred 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 acceeptance by the City, one within one year, and one within two years from said date of ac- ceptance, provided that said owners shall Dave 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, 6if er 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 a shall declare the said sums to be due and payable in instalments as herein provided after coin igx�a acceptance of said work, and shall be payable to the said Texas Bitulithic Company, ands a t amount due from each property owner, and hereby assessed against his property, and t > interes thereon, herein fixed at eight per cent (8%) per annum, and each cer- tificate shall recit a eclare a act that the same is secured by a lien 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 identify, the same with reference to any other fact recited, and by the name of the owner an ' the owners t known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall pr i hat r th mount therein declared or any instalment of principal or in- terest thereof shall not be pal 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 referent provements have been made in compliance with the terms thereof and the charter of the Ci ,P Wort nd that all pre-requisites to the fixing of the Liens and personal liailily, evidenced by s c 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 provide that the same shall be payable to a ax Collect of the City, who shall issue his receipts for payment thereon, which receipts shall be e i nce o u payment, on any demand for same by virtue of the said certificate, or any independent contra,(4/Ipay a same, entered into by the owner of property therein described, and shall provide t as i-fhe Tax o 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 .................Fitt,h_._Avenue.............................-........._..._....... CERTIFICATE FUND No................ and that whenev y payme ay be made to the Tax Collector upon such certificate, it shall be his duty on presentation t id contractor, or the holder thereof, to endorse said payment thereon, and the con ac r r older of such certificate, shall be entitled to receive from the City Treasµrer the a o aid up n presentation of the said certificate, credited with the amount paid Vthereon, and t acid en rs ment and credits shall be the Treasurer's warrant for making such payment to the said co a 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, toge r wit c e interest and cost of collection, shall be paid in full. That said certificates may be issued, wp n hereto attached evi- dencing the several instalments of principal and interest thereof, wh c c ons shall be executed and attested by the Mayor and City Secretary as are said certificates un 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 6ity of Fort Worth, Texas, at a Regular session of said Board held 4une A. D-1920. James Liston, Jr., at A -a7✓� Lam•,�,,�