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HomeMy WebLinkAboutOrdinance 1013 F ORI? 14. AN ORDINANCE �(- I Reassessing a portion of the cost of improvement on Denver Avenue in the City of Fort V?orth, Texas, between its intersection with the North line of Fourteenth Street to its intersection with the South line of Fifteenth Street and crest Seventh Street (Lee Avenue) from its intersection with. the East line of Colwyn Avenue to its inter- section with the North line of Camp Bowie Boulevard. BE IT ORDAINED BY THE BOARD OF COMAISSIONERS OF THE CITY OF FORT WORTH, TEXAS, THAT; WHEREAS, The Board of Commissioners of the said City have heretofore directed the improvement of said streets as above described by raising, grading, filling and paving same; and installing concrete Curbs and Gutters thereon; and WHEREAS, In accordance with said resolutions specifications 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 advertised for, as required by the City Charter; and WHEREAS, Said bids were received, opened and considered by the Board of Commissioners and the Bid of the West Texas Construction Company, a corporation, for the improvement of the said streets were accepted by the said Board of Commissioners; and WHEREAS, The said West Texas Construction Company has entered into contracts with the City of Fort Worth, as provided by the Charter, f or the improvement of said streets within said limits by raising, grading and filling the some, and by paving the eerie with Warrenite-Bitulithic Pavement upon a five-inch gravel concrete foundation; and installing Concrete Curbs and Gutters thereon; 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 tortracts and specifications with surety as required by the said City Charter, which contracts and bonds with surety thereof have been duly approved by the Board of Commissioners; and, WHEREAS, Thereafter the City Engineer of said City filed his written statement with the Board of Commissioners of the said City concerning said improvements add the cost thereof, 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; anal WHEREAS, Thereafter the said Board did, by resolution of date the 28th day of May, 19249 f ind and declare the necessity of reassessing a portion of the cost of improvements against the owners of property abutting thereon, and their property and did prescribe a hearing of the said owners,of their attorneys and ag ents and f ixed a date theref or and dial direct the said secretary of the said City to issue notice of the said hea.rirg by advertisement, as provided by the said City Charter and also by posting said notices as provided therein; and WHEREAS, In accordance with the said resolutions 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 Fort Worth Record, a daily paper of general circulation in the City of Fort Worth, Texas, 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 than ten 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 10th day of June, 1924, at 9 O'clock A. M. . at which time and place owners of property, appeared to protest the said reassessment, and the benefits of said improvement connected with the improvement of said street. Form 14 continued. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, t o-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 reassessed 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 reassessed in proportion as to the frontage of his property is to the whole f ronteg a improved, would operate unjustly in .particular cases and that the apportionment and reassessment hereinafter made will affect 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 reassessed against es.ch of the owners of property hereinbelow named, and against the several parcels of property of 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 name of the said owners, and descriptions of the property of each, and the total amount in money hereby reassessed against esch one, and his property, being as follows, to-wit:- DENVER AlMi UE OWNER DESCRIPTION OF PROPERTY FNTNG RATE PER FRONT FT COST C, M. McCauley ) West 80 feet of Lots 12 and 13, J. F. Drahn ) Block 95, North Fort Worth 110 $6. 24426 $686.87 Addition WEST SEVENTH SP,'P (SEE AVENUE , Ed Hodge ) C. K. Hodge ) Lot 1, Block 2, Van Zandt & Wife, ) Hillside Addition 271.5 $6.27389 $1703.36 Myrtle Hodge) Ed Hodge ) C. H. Hedge ) Lot 21 Block 2, Van Zandt & rife, ) Hillside Addition 56 $6.27389 $351.34 Myrtle Hodge ) FORM No. 14—Continued. re 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 a personal liability of the owner thereof, and secured by a lien upon' the said property superior.4 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 three equal installments, one payable within 30 days after the date of 1 � one within one year, and one within two years from said date of 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 of any installment of principal re or interest upon said assessments when due as herein provided shall, at the option of said contractor, or other legal owner and holder of saidAsssessments, at once mature the whole amount thereof,both prin- cipal and interest, which shall at once become collectible without notice. re (3) That the said/assessments shall bear interest from the date of the t_ , e at the rate of 8 per cent per annum, payable annually, and if not paid when due the saidAs acsessments 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 assign- able certificate5against the owners of said property, and against their said property, which said cer- tificates shall declare the said sums to be due and payable in installments as herein provided after comple- tion and acceptance of said work, and shalle payable to the said contractor, and shall state the amount due from each property owner,and herebVassessed against his property, and the rate of interest thereon, herein fixed at eight per cent (8%) per annum, 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 ac- crued 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 as 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 personal liability, evidenced by such certificates, have been performed. Said cer- tificates 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 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 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....................................................................................... .. CERTIFICATE FUND No.................... and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate, 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 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 certificates may be issued, with coupons thereto attached evi- dencing the several instalments of principal and interest thereof, which coupons shall be excuted and attested by the Mayor and City Secretary as are said certificates under the terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any installment evidenced by a coupon, such coupon shall be credited by the City Tax 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 enforce the lien_ securing the said certificate, 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.