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HomeMy WebLinkAboutOrdinance 213 pow 'All • .i. AN ORDINANCE assessing a portion of -the cost of improvement of MAGNOLIA AVENUE in the City of Fort Worth, Texas, between its intersection with the East line of Jennings Avenue and its intersection with the West line of South Main Street against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH: F That, WHEREAS, on the day of , 0 19_LP_ the Board of Commissioners of the said City directed 0 the improvement of MAGNOLIA AVENUE between its intersection u R with the East Line of Jennings Avenue and its intersection 0 F with the West line' tth- a Street, by-radvi g, fi g, Ygrading, and 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 WHEREAS, 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 Magnolia Avenue was accepted by the said Board of Com- missioners, and WHEREAS, the said Texas Bitulithic Company has en- tered into a contract with the City of Fort Worth, as provided by the Charter, for the improvement of said street, within the Polk AM 2 said limits by raising, grading, and filling the same, and by paving the same with Bitulithie pavement upon a five inch gravel concrete foundation, 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 specificar- tions, with surety as required by the said City Charter, which 3 contract and bonds with the surety thereof, have been duly r approved by the Board of .Commissioners, and, 0 WHEREAS, therefore, the City Engineer of said City u filed his written statement with the Board of Commissioners R O concerning the said improvemefta, and the cost thereof, as Y provided by Section 8, Chapter 14, of the Charter of the City which statement was considered by the Board, corrected and approved, and, WHEREAS, thereafter the said Board did, by resolu- tion of date, the f b'^_� day of , 19 , find and declare the necessity of assessing a portion of the cost of said improvements against the owners of the 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 said Secretary of Me- said esaid City to issue notice of the said hearing by advertisement, as provided by the said City Charter, and also by posting said notices as provided therein, and, 3 WHEREAS, in accordance with the said resolution, the 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 hear— • ing by posting a copy of the said notice to each of them, at 0 3 . 0 the post office, in the City of Fort Worth, Texas, more than • ten days prior to the date of the hearing, and, 0 u WHEREAS, the said hearing in accordance with the said resolution and notice was held by the Board of Commission— Y • • era on the �," day of 191L. at _ o'clock a.m. at which time place owners of property, appeared to protest the said assessment, and the benefits of said improvement, connected with the improvement of said MAGNOLIA AVENUE. NOW THERET' , Te it MrIner ordained by the gnTd Board of Commissioners as follows, to—wit: 1 That the benefits to each parcel of property of each 4 owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assess- ed 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 property is to the whole frontage improved, would operate unjustly in particular cases and that the apportionment and h ' assessment hereinafter made will effect substantial equality h and justice between property owners, having in view benefits received by and burdens imposed upon such owners, and said u IL apportionment is hereby adopted. O 0 _ 2 Y 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 description of the property of each, and the total amount in money hereby assessed against each one, and his prop- arty, being as follows, to-wit: fi PAVING ASS13SUENT FOR MAGNOLIA AVENUE FROM EAST PROPERTY LINE OF JENNINGS AVENUE TO WEST PROPERTY LINE OF SOUTH MAIN STREET. . . . . . . . . . . . . . . . . . . . Name, Lot , Block, and Addition Frontage Sq yds Cost Rate H. L: "Mitchelll lot 13 "blk 3, ' foodyy Evans 'sub 20-tel oh : . . . . . .103-j 218. 040 $455. 16 4. 3976 Mrs 9- H: Golden W J--Of It 14, blk 2 ' 'No ody tVan 9 Sub X-0.4� . 51 3/4 109.020 227. 78 4. 3976 Chas Ousfey, YJ of lot ' Moodyy Evans gub %1.- .51 3/4 109.020 227.78 4.3976 J. A. Eddl sb ro ck, I of"13 " " k' 4; Moody Evans S ub .1/.Q -? . . . . 103J 214.820 4`48. 44 4.3327 Mrs. C. F . Phillips, 'E'i of lots 12;14, Blk 4, Moad 9varne" 8ubYo"1 j 107:410 224. 22 4. 3327 Miss Willie Pa.rhk , W°"1 0f lots 12 14 bl'k', 4 Mood Evans sub7004 511 107. 410 24. 22 4. 3327 G. R,. kissemer, t 50 it of lots 8, and 9',blk D F- airlauri Subl9, 50 101. 222 211. 30 4. 2260 W. E. Brock, ( 514 -ft of lots 8,and 9 blk D Fai rl awn sub 19 6666 . . 53f 108-07"307 226. 09 4. 2260 T. S . Geese, E. 53J og lotds 6,7 blk D", Fai rl aun Sub 19 6: 666 . .. 531 108. 307 226. 09 4. 2260 L. A. Fowler, W 50 -of lots 6,7 Blk - D Fai rl awn sub 19 . . . . . . . . . .. 50 101. 222 211.30 4. 2260 Eva L. Pitts, E 53 * of lots 8;9, Blk C, F ai rlawn sub 19 . . 6 9 0 0 .53 134.166 280.07 5. 2349 MaryB.Haas W, 50- ft-,of lots 8;9, Blk Fairlawn sub 19 . . . . . . .50 125.388 261.75 5. 2349 John Burke, jots 7, "Blk C, ' Fairlavrn eub19 . . . . . . . . . . . . . . .'. . . .103 * 259.555 541.82 5. 2349 Philip Epstein, mid of lots` 31 ,32 Blk 1 , Foodyy Evans Sub 6 : 666. . 12.3 30.846 64.39 5. 2349 W. M. Huddleston E 50 ft of lots 31321 Blk' 'i Moody" Evans Kt. . . 50 125. 388 261. 75 5. 2349 ' A J. 364 decela lot 1 blk 1, ' Moony Evans- Sub '_ 1. 138 346.073 722 4.3 5. 2349 A Petech, X'51J Of rots 9 10, ` Block 1 Moody Evans ` Sub. . . .: .. . 514 104.258 217.64 4. 2260 lL Petsch, "W'52 of lots 9, and'10; ' 52 105. 271 219. 75 4. 2260 Blk '1 , Moody Duns sub . . . . . . . . J. P. Wear Wri of lots ' l ' 2, " Blk 1 ; ' - ' Moody Evans Sub.' . . : . . . . . . . . . . . 511 104.765 218. 70 4. 2260 0. C. Greer E i of lots` 1 & 2` alk '1 Moody Evans Sub . . . . . . :". . . . . . 51t 104.765 218. 70 4. 2260 P. C. Byrnes, W j of lots 9 & 10; Ryan sub of Moody Evans: . .. . 451 94.956 198. 22 4. 3327 C. M. Wood, W J of lots 1 & 2', blk 3- Ryan ' Ryan sub" of Moody Evanssub . . . . 4151 94, 956 198. 22! 4.3327 D.'- Trout 3,'J 'Of lots 1 & 2, blk 3, Ryan sub of Moody Evans Sub 415 94.956 198. 22 4. 3327 T. F. Abott , E, j Of lots 9 & 10 Blk 3, Ryan Sub of Moody Evans - 4-5194.956 198. 22 4. 3327 C. W. Stanton, lot 7; blk ' 1 ; ' Ryan' and'B Ber ns sub . . . . . . . . . . . . . . . . . . . . 41 86. 373 180. 30 4. 3976 Mrs Louisa Robinson lot 8 blk 1 - - r ; ° ` ' ;Ryan and Ber�tns Sub . . .`. . .. . . . 40 84. 266 175.91 4. 3976 G. Preacia, lot 9 bIk 1, Ryan aad Bergins §ub 6666 . . . . .. . . . .. . . . 40 84.266 175. 91 4. 3976 Hazel Imogene Wood Lot 10 and W * of 11 blk 1, `cyan & Bergins sub . . 60 126: 400 263.86 4. 3976 Geo W. Holt " lot 12 and E I of- 11; ' : ` ` ' ` Blk y & Ber.. ns Sub . . . : : .-60 126. 400 263.86 4: 3976 Ida Sterling lot 9, blk Q,Rosedale. . . 110 160.600, 335. 25 3. 0477 Total of property owners 3,773: 381 $71876: 95 T otal for thoCity of Fort Worth. . . . . . . . . 11171. 962 2. 446. 47 Total for Northern Texas Traction Bmpany 2,100. 377 4,384. 54 a 1T97Tr--ZZ""' KNAPP •TCROORMrH1C COMPANY,FORT WORTH 3 f31 D _fp Y fi AO% t Ok � ' 1AiN s 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 a as follows, to—wit: 0 In full, within thirty days after .the completion of s 7 the said improvement, in front of the property of each re— s spective owner and acceptance thereof by the said- city. 3 ti That the said assessment shall bear interest from 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 ll-6n in any =Tft braving Surisdiction. 4 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 AOL '" AwAk 7 the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certifi- cates against the owners of said property so failing to pay such assessments, and against their said property, which said certif icates ' shall declare the said sums to be due and pay- able thirty days after completion and acceptance of said Work, and shall be payable to the said Texas Bitulithic Company, X and shall state the amount due from each property owner, and o 3 hereby assessed against his property, and the rate of interest thereon, herein fixed at eight per cent (81.9) per annum, and 0 each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner, and shall describe such property by number and block, or such 39 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 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 improvements have been made in compliance with the terms thereof and the charter of the City of Port Worth, and that all prerequisites to the fixing of the liens and personal liability, evidenced Poll 8 by such certificates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Secre- tary with the corporate seal. Said certificates shall pro- vide 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 certificate, 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 6 received by him on said certificates with the City Treasurer and the said City Treasurer shall keep the same in a separate 0 fund, which fund is hereby designated as the WAGNOMA A _T= Y CERTIFICATE FUND NO.'V and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty upon presentation by the said contractor, or the holder thereof, to endorse said payment thereon, and that con- tractor or holder of such certificate, .shall be entitled to re- ceive from the City Treasurer the amount so paid upon presenta- tion 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 con- tractor, and that such payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treas- urer, or by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, t a a. 'ink 9 shall be paid in full. Such certificates shall also recite that the City of Fort Porth shall not be liable for the payment thereof, or for any interest thereon, of for the- cost of collecting or enforcing same, but that the said company or holder there— of, shall have the right to collect such certificates as therein provided by the terms of the Charter of the City of ; Fort forth, and that the said City of Fort Worth shall, when— ever demanded by the said Company, or holder of said certifi— cates, fully exercise its charter power to enforce the lien u V t securing the said certificate, and collect the same, but shall e d not be liable in any manner for failure to so collect or en— _ force the lien thereof. 5 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 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 to titles Whatever, except lawful advalorem taxes, which tax shall become FA delinquent if not paid in full within thirty days after the completion and acceptance of said improve— ment by the City; and if the tax shall not then be paid, the same shall be enforced either by sale of the said prem— ises 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 maybe enforced in any court having juris— diction. 0 6 u u That this ordinance shall take effect from and after 4 its passage. _ .,. ... I hereby certify that the above and foregoing ordinance .was early presented and unanimously passed by the Board of Commissioners of the City of Fort Worth at a session of said Board held Wednesday April 5th, 1911. C ec ec a � - ry.