HomeMy WebLinkAboutOrdinance 212 f ..k
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AN ORDINANCE
assessing a portion of the cost of improvement of LEODA
STREET in the City of Fort Worth, Texas, between its inter—
section With the West line of South Main Street and its
intersection With the East line of College Avenue 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:
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That, WEE AS, on the �� day of ,
19_,Lp the Board of Commissioners of the said City dire0ted the
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improvement of LEODA STREET between its intersection With the
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West line of South Main Street and its intersection With the
East line of College Avenue, by raising, f1lTing, grading, and
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paving the same, and,
WHEREAS, in accordance With said: resolution, speci—
fications 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 adver—
tised for, as required by the City Charter, and
WHFRFAS, said bids were received, opened and consid—
ered by the Board of Commissioners, and the bid of the Texas
Bitulithic Company, a corporation for the improvement of the
said LEUDA STREET was accepted by the said Board of Commission—
ers, and
WHEREAS, the said Texas Bitulithic Company has enter—
ed into a contract',*ith the City of Fort Worth, as provided by
the Charter, for the improvement of said street, within- the said
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limits by raising, grading, and filling the same, and by
paving the same with Bitulithie pavement upon a five inch
gravel concrete foundation, and
WHEREAd, the said Company has executed its bonds
to the City of Fort Worth for the construction and mainten—
ance thereof, in accordance with the said contract, and
specifications, with surety as required by the said City
Charter, which contract and bonds with the surety thereof,
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have been duly approved by said Board of Commissioners, and
WHEREAS, thereafter, the City Engineer of said
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City filed his Written statement with the Board of Commission—
era concerning the said improvements, and the cost thereof, as
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provided by Section 8, {meter 14, of the Charter of the City
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which statement was considered by the Board, corrected and
approved, and
WHEREAS, thereafter the said Boar did, by resolu—
tion of date, the Lday of 19 f , find
and declare the necessity of assessing a portion of the cost
of said improvements against the owners of the property abut—
ting 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 issue notice of the said hearing by advertieement, as
provided by the said City Charter, and also by posting said
notices as provided therein, and
WHPREAS, in accordance with the said resolution, the
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City Secretary did issue, a notice of the said hearing to
the said property owners by publication thereof, for the
time and in the manner prescribed by the City Charter in
the Star Telegram, a daily paper of general circulation in
the City of Fort Worth for Five (5) consecutive 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,
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Texas, more than ten days prior to the date of the hearing, and
1QHFRFAS, the said hearing in accordance with the
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said resolutin and notice was held by the Board of Commissioners
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on the day of 19 at
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o'clock a.m. at which time and place
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owners ,of property, appeared to prote$t the said assessment,
and the benefits of said improvement connected with the improve—
ment of said IFUDA STREET.
NOW THFRFFORE, be it further ordained by the said
Board of Commissioners as follows, to—wit:
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That the benefits to each parcel of property of
F each owner hereinafter named in the enhanced value of said
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property eiceed in each case the amounts hereinafter assessed
against such owners and their property, and the said Board
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having considered the evidence and it appearing therefrom that
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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 imposed upon such owners, and said
apportionment is hereby adopted.
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That there is, and shall be, assessed against each
of the owners of property hereinbelow named, and against the
several parcels of property of said owners hereinbelow des—
cribed 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 names of the said
owners, and descriptions of the property of each, and the
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total amount in money hereby assessed against each one, and
his property, being as follows, to—grit:
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PAVING ASSESSMENT FOR WEST LEUDA STRTT''T FROTI WEST PROPERTY LINE OF
SOUTH MAIN STREET TO TSS EAST PROPERTY LINE OF COLLEGE AVENUE.
- - - - - - - - - -- - - - - - - - - - - Rate
Name, Lot, Blk, and Addition Frontage Sq Yards Cost Per Bt.
College Avenue Baptist Church '
Lot 11, Blk 8 , C llege Hill ad . . .100 164 .222 $342.81 $3.4281
F. A. Martin, lot 12, Blk 8 , ' Coll6g6 * '
Hill Addition. . . . . . . . . . . . . . . . . . . . . 50 82.111 171.41 3.4281
A. Spears, It 14, blk 81 06116g8 '
Hill Addition. . . . . . . . . . . . . . . . . . . . . 60 98.533 205.60 3.4281
R. E. Lyons, lot 18 , Blk'8 , C6116g6 , '
Hill Addition . . . . . . . . . . . . . . . . . . . . 55 90.322 188 .55 3.4281
Chas P. Dowlin, It, 19 , Blk'8 , College °
Hill Addition . . . . . . . . . . . . . . : : . : : . 55 90:322 188..55 3:4281
Ed Gamble, Lot 1, Blk 9,Males Sub. . . ; ; : 64:3 105:594 220:43 3:4281
J. H. Swan Lot 2, Blk 9, Males Sub . . . . 64:3 105.594 220:43 3.4261
Dr. S. L. Blount It 3, Blk 9, Males Sub 64:3 105.595 220:43 3:4281
Flora J. Bird It 4 , Blk 9,Males sub 64.9 105 .594 220.43 3:4 281
Rosa Friedlander, It 5, Blk 91 M,-les sub64.3 105 .594 220.43 3.4281
T. R. Hammock W 1/3 of It 31 blk 79 1 °
College Hill Add. 50 93.611 195.41 3.9082
A. G. Carter mid 1/3 of' lot 3;'blk 7;- - '
College Hill Addition . . . . . . . . . . . . . . . . 50 93.611 195.41 3.9082
S. J. Phillips E. 1/3 of lot 3, blk 71 1 '
College Hill Addition . . . . . . . . . . . . 50 93.611 195.41 3.9082
Thos F. George W 1/3 of It 4, Blk 7, " ° '
College Hill Addition . . . . . . . . . . . . 65 122.777 256.30 3.9430
W. A. Serivner, E 1/2 of lot 4, Blk7, '
College Hill Addition . . . . . . . . . . . . 75 141.666 295.73 3.9430
A. T. Baker and wife W 1/3 of lot 1, -blk '
10, College Hill Addition . . . . . . . . 50 93.611 195.41 3.9082
A. 0. Graves, mid 1/3 of lot 1, blk 10 '
College Hill Add . . . . . . 09 . 00 . . . . . . 50 93.611 195.41 3.9082
A. T. Bakeraand wife E 1/3 of lot 12 ' ° '
Blk 10 College Hill Addition 50 93.611 195.41 3.9082
J. Bothe W 1/2 of Lot 6 Blk 10, College '
Hill Addition . . . . . . . . . . . . . . . . . . . 65 122.777 256.30 3.9430
B. J. Houston E 1/2 of lot 6, College "
Hill Add. , Blk 10 . . . . . . . . . . . . . . . 75 141.666 295.73 3.9430
'Mary Eleanor nibble Lt 5, Blk 11, '
College Fill Add. , , . . 100 1V.=2- 3.9.4.83 3.9082
Mary R. Austin, lot 8 . blk 11, College '
Hill Addition' . . . . . . . . . . . . . . . . . 100 187.222 390.83 3.9082
J. C. Coulter, Lot 5. Blk 6, College 11
Hill Addition. . . . . . . . . . . . . . . . . . 100 187.222 390.83 3.9082
Walter H. Hart It 63% Blk 6, College '
Hill Addition . . . . . . . . . . . . . . . . . 100 187.222 390.83 3.9082
Fritz Straughn, Lot 1, Blk 4, Granger' s '
Addition. . . . . . . . . . . . . . . . . . . . . . . 110 170.744 356.43 3.2402
M. W. Potts, Lot 7, Blk 4, Grainger' s `
Addition . . . . . . . . . . . . . . . . . . . . . . 100 160.000 334.00 3.3400
W. 0. Neal, lot 6, blk 5, Grainger' s '
Add. . . . . . . . . . . . . . . . . .: . . . . . . . . . 110 170.744 346.43 3.2402
Mrs. Katie M. Brooks, lot 12, Blk, 5, '
Grainger' s Add. . . . . . . . . . . . . . . . . 100 160.000 334 .00 3.3400
Hugh Allen, Lot 12, Blk 2, Grainger' s '
Addition . . . . . . . . . . . . . . . . . . . . . . 100 163.888 342.12 3.4211
Maria L. Malone, lot 6, blk 2, Grainger
Addition . . . . . . . . . . . . . . . . . . . . . . 120 202.266 422.23 3.5185
Miss Maggie Fahey, lot 7. Blk 32 '
Grain arts Addition . . . . . . . . . . . 100. 163.888 342.12 3:4211
J. C. Cella' of 1, Blk 3, Grainger' s Adl20 202.266 422.23 3.5185
If. W. Potts, W 100 ft of Blk 24 , "
Tuckers Addition . . . . . . . . . . . . . . 100 156.111 325.88 3.2588
Jas. Liston, E, 100 ft of bik' 24;• ' ' '
Tthcker' s Addition . . . . . . . . . . . . . 100 156.111 325.88 3.2588
R. P. Smith, lot 1, blk 25, Tucker' s
Addition . . . . . . . . . . . . . . . . . . . . . . 65 101.472 211.82 3.2588
Morgan Bryan, lot 2, B14 25, Tuckers '
Addition . . . . . . . . . . . . . . . . . . . . . . 60 93.666 195 .53 3.2568
W. M. Graham, Lot 3, Blk 25, Tuckers I '
Addition. . . . . . . . . . . . . . . . . . . . . . . 75 117.083 244 .41 3.2588
Wm. yonnig, W. 100 ft of Blk 23,
Tuckers A: dition . . . . . . . . . . . . .100 152.777 318.93 3.1892
?rs. Albertine Monnig, E 1 •?0 ft of blk -
23, Tucker::, Addition . . . . . . . . .100 152.7'.'7 - "18 .9' ?.1� : `'
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A. J. Roe Est, Blk 26, Tucker' s Add 200 305.555 637.85 3.1892
Dr. W. A. Duringer lot 3, Blk 22, '
Tucker' s Addition, 210 318.966 665.84 3.1706
Geo Mulkey, lot 7, Blk 37, Tucker' s '
Addition. . . . . . . . . . . . . . . . . . . 100 151.888 317.07 3.1706
JNo. B. Laneri, E. 100 ft of Blk 27 1 '
Tucker' s Add. . . . . . . . . . . . . . . 100 151.888 317.07 3.1706
A. G. Rintleman Estate, lot B, blk '
21 Tucker' s Addition . . . . . . 95 141.550 295.49 -3.1103
Mrs . Nanie L. Putnam, lot 6, blk 21 1 '
Tucker' s Add. . . . . . . . . . . . . . . 95 141.550 295.49 3.1103
J . 0. Pickens, lot 11, Blk 21, 1 1 '
Tuckers Addition . . . . . . . . . . 47.5 69.445 144.99 "x.0523
J. W. Woodward, lot 12, blk 21, '
Tuckers Addition, . . . . . . . . . 47. 5 69.445 144.99 3.0523
A. S. Harper, etal S 2/2 of lot 8 , '
Blk 21, Tucker' s Addition . . . 95 138.911 289.9P 3.0523
F. A. Blain, W 94 ft of Blk 382 '
Tuckers Addition . . . . . . . . . . . . 94 140.060 292.38 3.1103
Miss Millie Mayfield, E 50 ft of 2 144 '
ft of Blk 28 , Tucker' s Add. . . . . 50 74.500 155.52 3.1103
A. McKenna, E 50 , ft of W, 194' ft' bf '
Blk 28, Tucker' s Addition . . . . . . . 60 74.500 155.52 3.1103
J. I . Mulkey, lot 2. Blk 38 , Tucker' s
Adition. . . . . . . . . . . . . . . . . . . . . 94 137.446 286.92 3.0523
M. C. Bowles, E, 100 ft ok 28,
Tuckers A< ditionL E ` ------ 100 1461222 305 24 3f01523
Total of Property owners --------------- 7 278 661 $15 194 19
Total of City of Fort Worth ------------ 1 722 275 3 595 24
Total of Northern Texas Traction Co 44 444 92 78
Grand total --------------------------- 9 045 380 18 882 21
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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 the personal liability of
the owner thereof, and secured by a lien upon the said prop-
erty 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 full, within thirty days after the completion of
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the said improvement, in front of the property of each re-
spective owner and acceptance thereof by the said city.
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That the said assessment shall bear interest from
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the date of the said completion and acceptance at the rate of
8% 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 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,
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That if any of the said property owners, against
whom and their property the assessment is hereby made, shall
not pay in full when due the amount so assessed, then, that the
City shall issue to the said Texas Bitulithic Company, the con-
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tractor for the said improvement, assignable certificates
against the owners of said property so failing to pay such
assessments, and against their said property, Which said
certificates shall declare the said ,sums to be due and payable
thirty days after completion and acceptance of said Work,
and shall be payable to the said Texas Bitulithic Company,
and shall state the amount due from each property owner, and
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hereby assessed against his property, and the rate of interest
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thereon, herein fixed at eight per cent (81) per annum, and
each certificate shall recite and declare the fact that the
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same is secured by a lien against the property of such owner,
and shall describe such property by number and block, or such
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other description as may identify the same with reference to
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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 shall not be paid when due, then it shall be
collectable with accrued interest, and with court costs and
reasonable attorney's fees if same have been incurred, and
shall recite the proceedings with reference to such improve—
ments have been made in compliance with the terms thereof and
the charter -of #b�w City of Fort Worth, and that all prerequisitee
to the fixing of the liens and personal liability, evidenced
by such certificates, have been performed. Said Certificates
shall be executed by the Mayor and attested by the City Secre—
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tary with the corporate seal. Said certificates shall pro—
vide that the sae shall be payable to the Tax Collector of
the City, who shall isaue his receipts for payment thereon,
which receipts 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 thereof, and shall provide that the Tax Collector shall
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the City Treasurer and the said City Treasurer shall keep
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the same in a separate fund, which fund is hereby designated
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as the LEDDA STREET CERTIFICATE FUND N0.1 and that whenever
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any payment may be made to the Tax Collector upon such certifi—
cate, it shall be his duty upon presentation by the said con—
tractor, or the holder thereof, to endorse said payment there—
on, and that contractor or holder of such cerjtificate, shall
be entitled to receive from the City Treasurer the amount so
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 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.
Such certificates shall also recite that the City of
Fort Forth shall not be liable for the payment thereof, or for
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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
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liable in any manner for failure to so collect or enforce tle
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lien thereof.
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That the cost of said improvement in accordance
with the terms of the said contract, between the rails and
tracks and 18 inches on the outside thereof of the NORTHERN
TEXAS TRACTION COMPANY, a Street Railway Company, occupying
the said street, is hereby ascertained and determined to be
the sum of 114
and to secure the
payment of the said sum a special tax in said amount is
hereby levied upon and against the road bed, rails, ties,
franchises, fixtures and property of said Street Railway
Company as prescribed by the charter of this city, which tax
shall be a lien against the said property of the said Street
Railway Company, superior to all other liens or claims or
titles whatever, except lawful advalorem taxes, which tax
shall become delinquent if not paid in full within thirty
days after the completion and acceptance of said improve—
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ment by the City; and if the tax shall not then be paid,
the same shall be enforced either by sale of the said
premises in the manner as near as possible as provided
for the sale of property by the City of Fort Worth for
advalorem taxes, or the same may be enforced in any court
having jurisdiction.
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3 That this ordinance shall take effect from and
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after its passage.
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I hereby certify that the above and foregoing ordinance
was duly presented and unanimously passed by the Board of
Commissioners of the City of Fort Worth at a session of said
Board held Tuesday April 4th,1911.
Ci Secretary