HomeMy WebLinkAboutOrdinance 313 T ORDINANCE N0. �
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT OF NORTH
MAIN STREET PRO14 THE TERMINATION OF THE PRESENT 'PAVING
-AT THE FRISCO RAILWAY TO THE NORTH LINE OF NORTH THIRD
- STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THE'RE'ON,
AND THEIR PROPERTY.
« r Alk
BE IT ORDAINED BY THE BOARD OF COMISSIONERS OF THE CITY OF FORT WORTH, THAT:
MEBEAS, on the 5th day of March, 1912, the Board of Commissioners of the said
City by resolution directed the improvement of North Main Street, between its inter-
section with the termination of the present paving at the Frisco Railway and its
intersection with the north line of North Third 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 said Board of Commissioners, and
WHEREAS, bids for 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 Comm-
issioners, and the bid of the General Construction Company, a corporation, for the
improvement of the said North Main Street, was accepted by the said Board of Comm-
issioners, and
WAEREAS, the said General Construction Company has entered into contract with
the City of Fort Worth, as� pprovided by the Charter, for the improvement of the said
Street, within the said Nits, by raising, grading and filling the same and paving
the same with Vitrified Brick pavement, upon a five-inoh gravel concrete foundation,
and
WHEREAS, the said Company has executed its bonds to the City of Fort Worth, for
the construction thereof, in accordance with the said contract, and specifications,
with such surety as required by the said City Charter, which contract and bonds, with
the surety thereof, have been duly approved by 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 there-
of, as provided by Section 8, Chapter 14, of the Charter of the said City, which
statement was considered by the said Board, corrected and approved, and
WHEREAS, thereafter the said Board Sid., by resolution of date, the 28th day of
May, 1912, find and declare the necessity of assessing a portion of the cost
of said improvements against the owners of propperty abutting thereon, and their
property and did prescribe a hearing of the. said vwners, their attorney's, agents,
and fixed a date therefor and did direct the said Secretary of the said City to issue
notice of the said hearing by advertisement, as provided by the said City Charter,
and also by pasting said notices as therein provided, and
a
WHERr-AS, in accordance with said resolution, the said City Secretary did issue
a notice of the said hearing to the said roperty owners by publication thereof, for-
the time and in the manner prescribed by �he 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 the post office, in the
City of Fort Worth, Texas, more than ten (10) days prior to the date of the hearing,
Ci
WHEREAS, the said hearing, in accordance with the said resolution and notice,
was held by the Board of Commissioners on the lith day of June, 1912, at nine o'clock
a.m., at which time the following owners of property apppeared to protest the said
assessment, and the benefits of said improvement connected with the improvement of
the said North Main Streets
NOW, THEREFORE, BE IT FUI:TTER ORDAINED BY THF SAID BOARD OF C0NIlt2ISSTONERS AS
FOLLOWS3, TO-TIT:
1.
That the benefits to each parcel ofproperty of each owner hereinafter named in
the enhanced value of said propertyexceed in each case the amounts hereinafter
assessed against such owners and their property* And said Board haveing 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 unjustl in particular,
and that the apportionment and assessment hereinafter made will effeo substantial
equality and justice between property owners, having in view the benefits received by
and burdens imposed upon such owners, and said apportionment is hereby adopted.
2.
That there is and shall be, assessed against each of the owners of property here-
inbelow named, and against the several parcels of property of the said owners herein-
below described, as their proper pro-rata part of the cost of the said improvements,
the several sums of- money set o osite the names of the said owners and their said
property. The names of the said owners, and descriptions of the property of each,
and the total amount M money hereby assessed against each one, and his property,
being as follows, to-wit:
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PAM Arm. **.WM 10.41T r" '.T' TO 9014 Tm
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I 1 lif Rs T. 0 TT-T. ATI`S 1` i �.r...�r.. d._'i~. .n.,,,► "y'6 4'A�� T.r...�... ..
.91t. li fie ie W. . RTW Vii 911308" fb63ft wig �f
TAU* t -A too. 1 * 44 6 • 600 T13,9" L4 .31 Zf3 340 118*Pb Y518.98
Ob".j., !ticks 1 • 94 9 Soo T 13.8" 14I.0 ' f.18fas 181$096
4RieR TA04 'CC* 1 • 94 14 • 64n ?13.6" 1446. 351 * Us'"0-2 560,38
1616.96
W,00o Pani g�,r' 13 • E4 cz • 3 "t ,931 1406,31 Usess T4�4,1ffi • # T69WOWW
*"Too '9e,�aCart by 1 • �4 8? " t��` � ?MA, l *31 • lies" 18-18096
Z.1p. Butts ?3t* a to 54 5 1489 1.12.19 • 9*39 1 .55
An i tu '"Utts 3A 1 28 X50 �. .�{tO'd U?*19
s f�9, i 16 5.58
1.1r, oue 5 to 1A to • too k3l"Vbb U8+,f�S � $?.bb 5".3e
W*Owa C.4, P ox imer 13 • 94 k,t' • 31- su0 932 M.16 • be.0 V590"
Pott. AA *rn 1 • 6 36 • 1.04 1TF.466 5b1..:58 R 4O.1A 3'"174
1.V. Sorry T * is 36 150 l'7f'.186 351.58 41I161.6 3?9.74
?red '.. Al"r4 13 ' 16 36 * i 116.979 834.354 • 1$. ` 853 .3.3
Pobt. Aborlt 1 0 6 35 • Im 318.466 sue" • 4&� 37Sf, `+4
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d. . soar f • lA 55 * *v) 116.9" VIM.ary 8 L b-Ol fry
Tho q.'�6 it &
tri,nlo Ctt7 parry 11 & 12 35 • 64 5904893.1.'�,� • 9.3� lc:�
Vr" t. AlTerd 13 to U 33 Z85 339.416 6db.44
:**. ,ins. - % 156 ft. of . Lia.'X. ftvF In 3 Trio 766 901A48 l?V$*64 Maw" 191.8,91'4
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*,"?t,Warth Tei n,t 1L e p A .Q4
Cewpmny/-Al of Ilk. *M MMIT� �" 164 194,361 300,04 4
%oosea & .9hjl i ice- 1 & s 39 9', F4, wOM 98.181 16*4& LQ .5
wopto tb '?OW"Ito coo 3 39 '
50 59.489 31XV01.9 • 9089
oto + srd 4
39 " $9.189 11T.19 • 9: 1151►
11 O 'T W'X M.T.?M-M M- - vF7rW—' - lir MOP
rfonwnm ' la IV= 46 5 m 1r. Me, rAPIT 0 .58 5 tt,34,305 $w.n �
Xor, C91"tt • so 59.480 117039 0 �.� 196065
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MAL ron CITY -13' PM? lam*, 169,919.116
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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 per-
sonal 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-wits
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 said Cityq
3.
That the said assessment shall bear interest from the date of the said
completion and acoeptanoe 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 suchpropeiAy by the officer, and in the manner, as far as
applAcable, as sales are authorized to be made for nonpayment of City Taxes, as pre-
scribed 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 if any of the said property owners, against whom or whose propertythe
assessment is hereby made, shall not pay in full when due, the amount so assessed,
then, that the City shall issue to the said General Construction Company, the con-
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 upon the eom-
pl*tion and acceptance of the said work, and shall be payable to the said General
Construction Company, and shall state the amount due from eachpeoperty owner 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
fact that the same are secured by a lien against the property of such owner, and the
personal liability of such owner, and shall describe such property bq number and
Mock, or by 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 sufficieq. to so state the fact.
Said certificates shall provide that if the amount herein declared shall not
be aid when due, that it shall be collectible with accrued interest, and with court
costs and attorneyte fees, if same have been incurred, and shall recite that the pro-
ce..adings with reference to such movements. h ve been made in-Gompliance with the
terms of the said contract 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 corporate seal. Said oertif ioates shall provide that the
same shall be payable to the Tax Colleotor of the City, who shall issue his receipts
for payment thereon= which receipts shall be evidence of such payment, on any further
demand for same by virtue of the said certificates, or any independent contract to psy
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 the said City Treasurer shall keep the same\ in a separate fund, which fund is
hereby designated as the North Main Street Special Certificate Fund No. 2, and that
whenever any payment shall be made to the Tax Collector upon such certificates, it
shall be his duty upon presentation by the said contractor, or the holder thereof,
to endorse said payment thereon, and that the said contractor or holder of such
certificate, shall be entitled to receive from the said City Treasurer, the amount so
paid, upon the presentation of the said oertifioate, 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 receied for by the holder in writing to the said Treasurer, or by the
surrender of the said oevtif tcate, when theprinoipil 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 Por the payment thereof or for any interest thereon, or for the cost of
collecting or enforcing the same, but that the said company, or holder thereof", shall
have the right to collect such eertifioates as therein provided by the terms of the
Charter of the City of Fort Worth, and that the said City of Fort Worth shall, when-
ever demanded by the said company, or holder of said certificates, fully exercise its
Charter power 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.
I hereby certify that the above and fore going ordinance was duly
presented and unanimously passed and adopted by the Board of Commission-
ers of theCity of Fort Worth at a ses4ion of said Board held Tuesday
June lith,2.912/
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