HomeMy WebLinkAboutOrdinance 1429 FORM Noe 14 AN ORDINANCE #1429
ASSESSING A PORTION OF THE COST OF IMPROVN=T ON AVENUE "K" IN THE CITY OF FORT
WORTH, TEXAS, BETtiIM ITS INTERSECTION WITH THE 3AST LINE OF VAUGHN BOULEVARD AM ITS
INTEMOTION ,YITH THE WEST LINE OF MCKWZIE STREET, AGAINST THE %%ERS OE' PROPERTY
ABUTTING THEREON, AND THEIR PROPERTY, AND UZMRS OF STREET.' AND STEAM RAILWAYS AND THEIR
PROPERTY,
BE IT ORDAIRED BY THE CITY COUNCIL OF THE CITY OF FO$P 'WORTH, TEXAS, THAT s
4THERZA,99 heretofore, the City Council of the City of Fort Worth directed the im-
provement of Avenue "K" between its intersection with the east line of Vaughn Blvd* and
Its intersection with the east line of Conner Avenue, by raising, filling,grading
and paving the same; and,
`JEE7REAS, In accordance with said resolution, specifications for said work were duly
prepared by the City Engineer, and adopted b9 the City. Council; anal,'
WRERZAS, bids fof said improvements were duly advertised for, as required by the
City Charter; andz
TM=, Said bids were received, opened and considered by the *ty Council, aid
the bid of General Construction Company, for the improvement of the said portion of said
Street, was accepted by said City Council; and,
WTEREAS, The said General Construction Company has entered into a contract with
the City of Fort Worth, as provided by the Charter, for the improvement of said street#
within the said limits by raising, grading, and filling the same and by paving the same
with 2—inch Hot Mixed Uvalde Rock Asphalt pavement with 6-inch concrete foundations
and,
17MEAS9 The said contractor has executed bonds to the City of Fort Worth for the
construction and maintenance thereof, in accordance with the said contraot, and
specifications, with surety as required by the said City Charter, which contract -aid
bonds with the surety thereof, have been duly approved by the said City Council; an4
WHER.313, Thereafter, the City Engineer of said City filed his written statement
with the City Council concerning the said improvements, and the cost thereof, as provided
by the Charter of the City, which statement was considered by the City Council, corrected
and approved; and,
v MEAS, Thereafter the said City Council did, by resolution find and declare the
necessity of assessing a portion of the cost of said improvements against the owners dt
the property abutting thereon, and owners of street and steam railways thereon and their
property and did prescribe a hearing of the said owners, their attorneys, and agents and
fixed a date therefor and did direct the said Secretary of the said City to sue notice
of the said hearing by advertisement, as provided by the said City Charter, and also by
posting said notices as provided therein; ands
4HEREAS, In accordance with the said resolution, the City Secretary did casae a
notice of the said hearing to the said owners and all interested parties by publication
thereof, for the time and in the manner prescribed by the City Charter, in the Fort Worth
Press a daily paper of general circulation in the City of Fort Worth, for five (5) con-
secutive days prior to the said hearing, and did also notify the said owners of the said
hearing by posting a copy of the said notice to each of them, at the post office, in the
City of Fort Worth, Texas, more than ten days prior to the date of the hearing; amd
R�.S' ,the said hearing in accordance with the said resolution and notice was
held by the City Council on the 15th day of May, 1928, at 9s30 o'clock A.M. at which time
and place A&Ve Stinnett, W&Te Parker, Estate of Sarah Carb and Mise Flora Lewis filed
protests which were fully heard and considered and adjudged without merit and overruled
and protests were filed by Mrs& Ema Rogers, Trances Rogers, W&Te Rogers, and d.Ae Rogers
which protests were fully heard and considered and adjudged meritorious and sustained and
after full consideration the City Council determined that property abutting on Avenue "S."
between the west line of McKenzie Street and the east line of Conner Avenue would not be
enhanced in value in an amount argthing like the cost of said improvements and it appearing
that it would be to the best interests of the owners of property abutting on said portion
of said street and the City of Fort Worth at large to omit said improvements on said
section of said street the same were ordered omitted and said General Construction Co,
was ordered to proceed with the improvement of Avenue "KO from the east line of QaUOM
Blvd• to the west. line of McKenzie Street.
NOA, TARE, be it further adjudged and ordained by the said City Council, as
follows, to-wffit:
(1) That the special benefits to each parcel of abutting property hereinafter
mentioned in the enhanced value of said property by means of said improvements exceed in
each case the amounts hereinafter assessed against such property and the owners thereof
and the said City Council having considered the evidence and it appearing therefrom that
the approtionment and assessment hereinafter made will effect substantial equality -and
Justice between property owners, having •in view benefits received by and burdens imposed
upon such owners, and said apportionment is hereby adopted.
(2) That there is, and shall be, assessed against the several parcels of props rty
hereinbelow described and against the owner thereof as their proper pro rata part of the
cost of the said improvements, the several sums of money set opposite the description of
the r+espeotive parcels of property, The name of the said owners, as far as known, and
the description of the parcels of prop arty, and the total amount of money hereby assessed
against each parcel of property and the owner thereof being as follows, to-wit:
r
�/1..� `'.rte , - • `I y /
� ) 1
Paving Assessment for AMITU "R" from the west lire of Vaughan
Boulevard to the east line of Conner Ainr. -� Fort TR,,-rth,Texaa.
Contract Awarded.: Ty-2, Pr .r�
Contractor:General Cons 1.Co• Pavement,per square yard -- 02.68
Pavement;211H.M.Uvalde Hock CuTh, per linear toot ------ .30
Asphalt. 24"Gutter, sq. ft. ---------- .25
For Combined curb & 24" Gutter, per linear foot ------------- ,90
For Earth Excavation, per cubic guard ------------------------ ,50
For Rock Exccvati a er cubic yiad ---------...,_..,..._..-
ATE PSR TOTAL.
N A M E LOT BLK. ADDITION FNTG. FNT.FT. COST
- Y
A nie ris, record
o er & teers of
An erica, claima. .
Lo s 15,15,16,17,
W. 5ft.of -------18 �� 215 1,044.
Ur .Inez Pearl Parrent,
s .pro. (record owner
& M.H.Moore, (cla.imant
E 35f t.of --------
a 1 of 19,20,21 2 87 " " " 141.1.9
J A.Rogers ,r 0r
o _ er,& J .3�ingus,
aira ---------23 87 " 50 " it 242.
. A. oers,record
er & J.M.Mingus,
n
Mrs. L.S.Bransf ord-12 85 " 50 If '► 242. 8%
T.:Vade Potter ----1� Su If50 " " 242.8
G.rrf.I,endermon ----14 86 " 50 " " 242.94-
_M.L.Spear s -T-----15 86 " 50 " " 242. Sr
T'a,lter D.Franais ,&
wif e,Helen Francis ,
each of .,n un-
dividedinterest �� 242• �fi2
in ---------------16 80 50 a n s
Percy A.Weaver ---17 86 " 50 " " 242. 8-'
T.VGade Potter ----ig 86 " 50 " " 242. 8"
Thos.C.Wells do wife,
Medora Wells,each
owner of an undivid-
ed 2 interest in--19 86 " 50 242. 82
Geo. E.Oriffith,
record owner, and E. F. -
Duckvrorth,cla,inant-20 86 " 5Q " " 242. 82
R,0. 0.B:niml ey ----21 86 " 50 " " 242.82
Ma,dora O.Johnson--22 86 " 50 �, n 242.82
Sid Manor --:,----- 7 85 ,c 50 " n 242.82
P.H.Grull& -------- 8 95 n 50 n ,i 242.82
C.PT.Sha'_.Ieford --- 9 85 50 242. 82
Mrs.Louise Johnson,
Kirby,sap.property-l0 85 " 50 " n 242.82
J.R.burleson ------11 85 " 50 242. 82
J.R.Burleson ------12 85 " 50 " it 242.82
Lee A.Smith -------7 44 " " 11 242. $2
G.B.Taylor & wife,
Ruth Norton Ta lor,
each owner of an un- 4
divided �� interest-8 94 50242.
242'
I xa. L.Allen i ` - " 50 242.
Carxi a A.Sho a ts--10 04 0 " n
Dollie Lee Towery-11 84 " 50 " " 242.
#3•
. Ty5,,y*TE- j'E paving inn y
RITE PER TOTAL
N A M E LOT BLK. ADDITIO'id F?3TG.FNT.FT. COST
7 93 POLY'? .Tli'
: . i� �. ..�4-85Wti�2:82
Will Yates ------ 8 93 If 242.82
'' " 242.b2
Mrs.F.A.Paewscme,
record cvmer, and
C.F.rj'.7oL;cla,ir=t— 9 93 " 50 „ n 242.92
Estate of So''ahl
;"arb decd M.R. 2
CaTb,E_�.ccato.r ---- 10 93 " 50 +; " c ,82
D.L.Baacus ---=--- 11 JU It 24.2. 82
P
it r let 11
rances er. s --- Z c4 It 50 :; n ^'' =. a
rant eG Rog -92 242.
..T.Rog rs ------- ;ip 242, 2
1. ^.Rogers -----_— �2 11 0 " n 242
�mrna Rogers ,widow— 7 �� i' c;0 " If 242 a
- a Rogers,uridow— 0 11 50 " n 24 .
_ma Rogers,t;idoTr
0 & E. ----- li 92 N r 11 n 60 .0
Emma. gers,.m ow,
V of ----------- &
of -
TOTAL COST TO THE PTOP-RTY 0•;tiTTERS ------------------- 20,97 • �
TOTAL COST TO THE CITY OF FORT ;CORM------------------ 4,500,00
GRA17D TOTAL ----------------------------------------- 5;479-54
iViAL (Wi 20 MP)MY OWN= '0 + r r r .r r .r .r. r r .r .r - iiwir^
WTAL LAWi TO Oil3 OF FM A ®LMM
d wr
FORM No. 19—Continued.
That the amount set opposite the description of property above 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 six equal installments, one payable within 3 0 days after the date of completion of said work
and its acceptance by the City, and the remainder in five equal annual installments thereafter,provided
that said owners shall have the right to discharge any installment before maturity by payment
thereof with accrued interest. That default in the payment bf any installment of principal or inter-
est upon said assessments when due as herein provided shall at once mature the whole amount there-
of, 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 ac-
ceptance at the rate of 8 per cent per annum,.payable annually, and if not paid when due the said as-
sessments and claims 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 contractor, for the said improvement assignable certifi-
catesagainst said property and the owners thereof, which said certificates shall declare the said sums to
be due and payable in installments as herein provided after completion and acceptance of said work,
and shall be payable to the said contractor, and shall state the amount due from each property owner,
and hereby assessed against his property, and the rate of interest thereon, herein fixed at eight per
cent (8%) per annum, payable annually, and each certificate shall recite and declare the fact that
the same is secured by a lien against the property of such owner, and personal liability of the owner,
and shall describe such property by number and block, or such other description as may identify the
same with reference to any other fact recited, and by the name of the owner, and if the owner is not
known, or if the property is owned by an estate, it will be sufficient to so state the fact.
Said certificates shall provide that if the amount therein declared or any installment of principal
or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with
accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite that proceedings,with-reference to such improvements have been made in compliance with
the terms thereof and the Charter of the City of Fort Worth, and that-all prerequisites to the fix-
ing of the liens and charge of personal liability; evidenced by such certificates, have been performed.
Said certificates shall be executed by the Mayor and attested by the City Secretary with the corporate
seal. Said certificates shall provide that the same shall be payable to the City Assessor and Collector
of the City, who shall issue his receipt for payment thereon, which shall be evidence of such payment,
on any demand for same by virtue of the said certificate, or any independent contract to pay the same,
entered into by the owner of property therein described, and shall provide that the City Assessor and
Collector shall deposit all sums received by him on said certificates with the City Treasurer, and the
said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the------
----------------A%=X
-----------A%=X .CERTIFICATE FUND No----------------..............._........ and that
whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation by the said contractor, or the holder thereof,to endorse said payment there-
on, and the contractor or holder of such certificate shall be entitled to receive from the City Treas-
urer the amount so paid upon presentation of the said certificate, credited with the amount paid there-
on, 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. That said certifi-
cates may be issued, with coupons thereto attached evidencing the several installments of principal
and interest thereof, which-eoupons,shall be executed-and attested by the Mayor and-City Secretary as
are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at-
tached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon pay-
ment of any installment evidenced by a coupon, such coupon shall be credited by the City Assessor and
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 en-
force the lien securing the said certificate, and collect the same, but shall not be liable in any manner
for failure to so collect or enforec the lien thereof.
(5) That this ordinance shall take effect from and after its passage.
#*Am- It , {
,fj,2�
•7' .
Air-MIF. "K" paying assess-uiez\t_. contd._
t. ':1 Pham TOTAL
N AME .,(' BLX _f _�T 1 T 7 i.,N _ F-V11131. .7.'T'r.FT.: GOA,,
Tow Dollie Lee] `JWGl•yl�..a.,.:. Y.i''h �. Lli £:.�L�.:�.:J}.7 ��1�4;•�}}'�. J242-82
owner, T.bi.Eili s,
clr4ima .'G ----•---9 & L0 �_.3 " l00 '' 405•`3
It F;() 1; ii �1E7, 2
Thomas M.Cooch,
record owner,& T.r. c�sS
Ellis, claimant- 1p C7j 11 j{j f, 11 -42
T.;i. Ei 1 i s ------- f� Fi0 r, n
J(-G. Flora Lewis,
a widow --------•- 14 83 ++ 5G ,: 11 242.8=.
A.V.Stinnett & wife,
Laura s�inne;.t, each
• owner of an undivid-
ed 2 interest in- 1 &
S.05 ft. of ------1 83 " 110 " " 534.19
Annie L.Nelson,feme
sole ------------- 1 96 60 II ,I 291,38
Mrs.A. E.rtard,sep.
property --------- 2 96 " 50 " " 242.02
L.C.Butler ------- 3 96 fl 50 I+ ++ 242.82
G.W.Shearer,record
owner,& H. A. Ellis,
claimant --------- 4 96 +' 50 " " 242.02
W.T.Parker ------- 5 96 " 50 242.02
Husie Whitefield,
record owner, & W. T.
Parker,claimant- -- o 96 '► 50
" " 242.82
Bettie A.Parker -- 96 1 50 242.82
'� ��
H.D.Lodson ------ 'fib " 50 ++ " 242.82
Mzs.H.E. Elliott, 242.82
(widow) ----------- 1 S5 ++ 50
Mrs.H.E. Elliott,
(widow) ---------- 2 95 II 50 242.82
J.Hall Bowman --- 3 95 " 50 242.82
J.Hall Bowman ---- 1} 95 " 50 " " 242.82
242.82
Geo. E. Griffith -- 95 50 �t �� 242.82
L.T.11-artin, Jr.--- 95 50 ++ n
Geo.C.Henderson,
record o,mer, & Wilma
Lindsey,claima,nt - 1 94 " 50 242,02
Wilma Lindsey, feme 2 4 242.82
++ 50 n n
J. L.Kelly -------- 3 94 II 50 fl ++ 242.02
W.W.Gordon,record
owner,& Clwrence
Camp, claimant --- 4 94 " 50 ►' " 242.82
H. L.Park er------.-- 94 " 50 ++ " 242 .L�2
R.L.Hoyt --------- 9 0 5p n 11 242.82
Nannie E.Sullivan, „ ++ 242.92
(widow) ---------- 1 93 " 50
rcr,.Narnia Sul.lilrarl, t� 242 :
�wiidovt) --------•-- 2 93 " 50
Mrs.Emma Rogers, 0 Is �+ 242.fit
(widow) ---------- 3 93 '�
T.H.Bayless ------ �+ 93 " 50 " '+ 242.92
I .F.Moore ------- 93 " 50 " " 242.02
Geo.Bohannon ----- 93 " 50" " 242. 0