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HomeMy WebLinkAboutOrdinance 612 ORDINANCE N0. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT OF TRAVIS AVENUE FROM THE NORTH PROPERTY LINE OF CANTEY STREET TO THE NORTH PROPERTY LINE OF SHAT STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. - - _ 0 - - - BE IT ORDAINED BY THE BOARD OF COPariISSIONERS OF THE CITY OF FORT WORTH, THAT: WHEREAS, on the 28th day of August, 1917, the Board of Commissioners of said City directed the improvement of Travis Avenue, from the north property line of Cantey Street to the north property line of Shaw Street, by raising, filling, grading and by paving the same; and WHEREAS, in accordance with said resolution, specifications for said work were duly prepared by the City Engineer and adopted by said Board of Commissioners; and WHEREAS, bids for the said improvement were duly advertised for, as required by the City Charter; and WHEREAS, said bids were received, opened and considered by the Board of Commiss- ioners, and the bid of the General Construction Company, a corporation, for the im- provement of the said Travis Avenue, was adopted by the said Board of Commissioners; and WHEREAS, the said General Construction Company has entered into contract with the City of Fort Vlorth, as provided by the Charter, for the improvement of the said street, within the said limits, by raising, filling, grading and by paving the same with Asphalt Macadam Pavement; and WHEREAS, the said Company has executed its bonds to the City of Fort Worth for the construction and maintenance thereof, in accordance with the said contract and speci- fications, with such surety as is required by the said City Charter, which contract and bonds, with the surety thereof, have been duly approved by the said Board of Commissioners; and' WHEREAS, thereafter the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof as provided by Section 8, Chapter 14 of the said City Charter, which statement was con- sidered by the said Board, corrected and approved; and WHEREAS, thereafter the said Board did by resolution of date, the 2nd day of April, 1918, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of property abutting 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 Secretary of said City to issue notice of the said hearing by advertisement, as provided by the City Charter, and also by posting said notices as provided therein; and WHEREAS, in accordance with said resolution, the said City Secretary did issue 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 Fort North Record, a newspaper, beim; a daily paper ofgeneral 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, Texas, more then ten (10) days prior to the date of the hearing; and WHEREAS, the said hearing, in accordance with the said resolution and notice, was held by the Board of Commissioners on the 16th 'day of April, 1918, at 9 o1clock, a.m. , at which time and place the following owners of property appeared to protest the said assessment and the benefits of said improvement connected with the improvement of the said Travis Avenue: NOW THEREFORE BE IT FURTHER ORDAINED BY THE BOARD OF 00111ISSIONERS, AS FOLL07,TS, TO-WIT: 1. That -the benefits to each parcel of 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 therefrom 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 J property is to the whole frontage improved, would operate unjustly in particular, id that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view the benefits receivod by and burdens imposed upon such owners, and the said apportionment and assessment is hereby adopted. 2. That there is, and shall be, assessed against each owner of property hereinbelow named, and against the several parcels of property of the 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 names of the said owners and description of the property of each, and the total amount in money hereby assessed against each one and his property, being as follows, to-wit: O �n t-' � K ••.t' •dO :r- C-4 Nr�O s y K f!1'. � O O. � ci. . � 0 ''a FP @ 0 1-� � � � G? Nm � K Fi• K K H gi: KI P-Fd 0 O F,:;f a m O �kri �1 p, �• Cf 'm Pi U CD m W F3 j_; ii JO-� � • P"2 H C+•L�f�' C°Cf- Cf-` 3 m CD m CD �3 H H • N ;a to =I-•O t; ►;'. m iJ+ Q �• O ca 11 F1 H `' ';• eC.f�' ! ON r^ ' 'Y:f H 00 C+ GD WO �� OHCD � f� L7(DH :J tiff K. N �S Ct N m 1-3 N 0 O i., O y ID 0 m m (D P m u ...� CIS m t�P Ci) ci F: wet H w Lz1 cu P' O J-+ �O�J 1 O O m m g. 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H NW F-1 F-1W \r1 f Vl 09L O O lJ I VI O V 1 V'l 0 CO s+ 100000000 y � i00c)C, o6o0 N H y t O b I!y �J I° I 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 property superior to all other liens, claims or titles, except lawful taxes. That the amounts 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 the said improvement in front of the property of each respective owner and acceptance thereof by the City. 3. That the assessment shall bear interest from the date of said completion and acceptance at the rate of eight (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 manner as far as applicable as sales are authorised to be made for nonpayment of City Taxes as prescribed by the City Charter and General Laws, or by suit to enforce the claim of personal liability, or lien, in any court having jurisdiction. 4. That if any of the said property owners, against whom or whose property the ass- essment is hereby made, shall not pay in full when due, the amount so assessed, them that the City shall issue to the said General Construction Company, the contractor for the said improvement, assignable certificates against the owners of said property so failing to pay such assessment, and against their said property, which said certificates shall declare the said sums to be due. and payable upon completion and acceptance of the said work, and shall be payable to the said General Construction Company, and shall state the amount due from each property owned and hereby assessed against his property, and the rate of interest thereon, herein fixed -at eight (8) per cent per annum, and each certificate shall recite and declare the faO that the same are secured by a lien against the property of such owner, and the personal liability of such owner, and shall describe the property by number and block, or by such other description as may identify the same with reference to any other facts recited, and by the name of the owner, and if the owner is not known and 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 herein declared shall. not be paid when due, it shall be collectible with accrued interest and with court costs and attorney's fees, if same have been incurred, and shall recite that the proceedings with reference to such improvements have been made in compliance with the terms of the said Charter of the City of Fort Worth and that all ,prerequisites 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 Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City who shall issue his receipts for payment thereon, which receipts shall be evidence of such payment on any demand for same by virtue of the said certificates or any independent contract to pay the same entered into by the owner thereof, and shall provide that the Tax Collector shall deposit all sums received by him on said certificates with the City Treasurer, and that the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the TRAVIS AVEPTUF SPECIAL IMPROVEMENT FUND N0. 3, . snd that whenever any payment shall be made to .the Tax Collector, it shall be hi's duty upon presentation of the certificate by the said Contractor or other holder thereof, to endorse said payment thereon, and that the said Contractor or other holder of such certificate shall be entitled to receive from the said City Treasurer the amount so paid, upon the presentation of the said eerti- fioate credited with the amount paid thereon, and that said endorsement and credit 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 all accrued interest and cost of collection shall be paid in full. Said 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 Coll- ecting or enforcing the same, but that the said Contractor or holder thereof shall have the right to collect such certificates as therein provided by the terms of the Dhar ber of the City of Fort Torth., and that the said City of Fort Worth shall, whenever demanded by the said Contractor or holder of said certificates, fully exercise its Charter powers to enforce the lien securing said certificates 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. T hereby oertif y--that the above fore going Ordinance V'as dull,, j�resented and uilanim-~u.sly pas _-.l an,5. aa'opted b-v the 1L1o&,r1a of rom:adc"ioners of the City of. Fort North,Texas,at -a regular session of s .a.�_ ]oard. held Tuesday April 15tYi, .P.1�?1t3. C