HomeMy WebLinkAboutOrdinance 1213 FORM No. 14. M.D.E.CO
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON LUBBOCK AVM.M
---- ----------------- ,
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
.._���Y►......... LINE OFF. $ps.t...P"� ..$Q�eY"�d---._..., AND ITS INTERSECTION WITH THE
-------- . -
Aorth LINE OF.......Witt-.Street
----------............... AGAINST THE OWNERS OF PROP-
ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND
STEAM RAILWAYS AND THEIR PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That:
WHEREAS, Heretofore, the City Council of the said City directed the improvement of..............................
------_L'J�BULK...�.VEIVtT�............ ......................--.--between its intersection with the---...�ioLtth..I..........---line of..Forest Park
-..--Bou], and-..-._.....with its intersection with the-.._North line of.__.Dayitt Street . by rais-
ing, 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 the City Council; 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 City Council, and the bid of
. ----- .'�NB�'2D Ni��TTT� Ci31�i?�IGY----------------------- -------- ---------- .................. for the improvement of the said portion of
said Street, was accepted by said City Council; and,
WHEREAS, The said-----.....3T1VT1)A11D PAVING CGIUP.LITY
.....................................................................has entered into a contract with
the City of Fort Worth, as provided by the Charter, for the improvement of said street, within the said
limits by raising, grading, and filling the same and by passing the same with- 211 Pine aggregate
Bituminous t;oncrete.................................pavement with-----.6" Concrete foundation; and,
B -----
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and maintenance 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, have been duly
approved by the said City Council; and,
WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the City
Council concerning the said improvements, and the cost thereof, as provided by the Charter of the
City, which statement was considered by the City Council, corrected and approved; and,
WHEREAS, Thereafter the said City Council did, by resolution find and declare the necessity of
assessing a portion of the cost of said improvements against the owners of the property abutting there-
on, and owners of street and steam railways 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 Secre-
tary of the said 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,
WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the
said hearing to the said owners and all interested parties by publication thereof, for the time and in
the manner prescribed by the City Charier, in Fort 1rorth herd-ielegr€mo
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, 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
City Council on the. ...8th----------..day of.--....i!ebruai'y---...-------- 192. ........, at..y.�. .........o'clock.... ®'........M.,
atwhich time and place----------------...........................................................................---------------------------......................---------.......................................
owners, appeared to protest the said assessment and the benefits of said improvement connecteca with
the improvement of said portion of said street.
NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows,,
to-wit:
(1) That the special benefits to each parcel of abutting property hereinafter mentioned in the
enhanced value of said property by mean of said improvements exceed in each case the amounts herein-
after assessed against such property and the owners thereof and the said City Council having considered
the evidence and it appearing therefrom 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.
(2) That there is, and shall be, assessed against the several parcels of property hereinbelow de-
scribed and against the owner thereof as their proper pro rata part of the cost of the said improvements,
the several sums of money set opposite the description of the respective parcels of property. The name
of the said owners, as far as known, and descriptions of the parcels of property, and the total amount
in money hereby assessed against each parcel of property and the owner thereof being as follows,
to-wit:
'i.'here more than one person, f ir�,i or corporation own an interest
in any ;property below doscribe :i:i, each said person, fir� or corporation.
shall be personally liable only for its, his or her pro-rate of the
total :assessment LCzaast such property �1_ proportion as its, his or her
respective interest bears to tY:c.� total o onership of such property, end
its, i;.is or her respective interest in such property May be released from
the 4-Isseswient lien upon pay
me+nt of snoh proportionate sure.
'aving t,ssessrrent for L1T}3BU(;K AV11.TM;, from the 3uuth line of Forest lark
13oLelevard to tare Horth 11n?e of DeVitt „erect - 1'':.,3rt 'r ortti, 'ye3xaa,s
Uontraxct i.xurdeils Price Didi
0ontr"tor: Otiiadard e,,viiie, Pavenment, per sq. yd. . . . ..... r+ of-1
ave^lent: 2" File Au'g re. Bit. Cone. Curb, per linear foot ..... .. . . .40
Gutter, per sq. ft. .. . . . . . . . . .
For Uombired Curb S: Gutter, per linear foot . . . . . .. . . . . .. . .. . .. . .. .. .... .85
For 1�ocx .2xcavation, per pubic yard . . . .. . . . . . . . .. . .. . . . .... . . . . . . . .. ... .60
I�or 1,,ar'tr.t j�.xc�.vat ion. oer ,.ubfc_ :hard - . .. . . .60
L02 $LK i.7M 12N M, G. }'IT:'. i' isU92
W. 0. C:alane, Luidivided COM-
munity interest e, voia:e Lillie
V. Lalone, undivided 1 community 1251
interest, b 14 .0..t.l}eatherford " 4.70444 ',588.06
0 . H. t,`.00re, 15.51 7 14 Is 51 r, 13.52
0. )''orn5t il'.ci;utc'eteon, �.1.12U'7 14 to 1201 564.53
w:oore, 9 7 PORE ST PeRX 100' " 470.464,
01E!rnsb: cher, 9-i 751 10 7 It r1 751 362.30
Ltiwrence `iernsbacher, W 501 11 &
IT 25, I.0 7 to to 751 '1 352.83
Laiwre.'ce Gernisbacher, '. 25' 12 &
N 501 11 7 ` rt 75' it 352,.33
Lwwrence Gernsbacrier, IT 751 12 7 to 751351:.83
(Jit = of Port ';forth, :strip of land rrospects
.r,q. lyin_c ofLubboc.k
Loki L. of Yorest Pcxs i
esc{i. and . of universlt;7
i'lace, ttUU 1 1,391.73
r r/ r r rt ^�?r 1y9
TJtiive'_'sit„r i,'rarporati0'.l, 1 G �T;' IV. 1'.,ALS� JU c-.e.J.rti..
University Uorporation, 2 U If
`° 5l., 246.04
Univeroity Corporation, All of H " " 2821 " 1,32f.).66
Un ver.,A.ty 6orporat.fon, .j, 501 atri)i bet.Year
B).oc-,c "B" and Lots
9, 10, hlocii l of
University glace, 50' '" 2li."J.4:2
Text s ,�nristian. _nitir. , 1 „ '• ivl71U.37
iexa,s uAristirn Univ. , 10 1 " 1371
Te"s (,i.rist.ia.t] 'i iv. , t6 strip of growic, fron4inlj
midst and lying; between lots
9 & 10 ii:. Mock ;., 'Univ.
Flake ioddition & adjoining
lots 9 & 1U i:i :dock 1,
Univ. Place, frontage 12 ft. " 56.45
Oity of ''`ort ,'brth, 1 l1'i0:1i'1sl:T ii U, 60, .2N
Cite; of ;;ort .;ortn, 10 ft.
str i o .Tor th of 1 1 /1 r` lu t 47.04
U. K. �a3title TtI8t,0 Pt,S. JU %.iJ...N
u. L'. Butcher, unUUvided one-
half interest i.. Co. 3Miet::neyto
undivided one ndlf hiterest, 3 1�: " t1 501 -5to 2
;.yrs. t'rudence ;cott, ( sole &
sepuraLe est"te) ; y2 50. t 2_15.
:;:r .. L. Poster, 'r'r. A. J vne s
t';Jve s !hied of trust & :.:eci.,LixUc's
lien but don't find !feed to him, f; lti " " 50, ` 235.22
5 12 11 11 5U, t, 23b.22
Ueorge broliae, 4 1`' " n 601 i1 23b.22N
�r r1 T
Czarye .�. :�roiine, 3, 1Ir It JV,� V 2�5.2 2
u:rs. Jor'oth4i ;1Ape, (;'dld{)vJ) i.1 19- n re 1)Ut rt 2.5b.232
io.nr.a 13ell lizrby, 1 12 ft it bU, ft 23};.9-2
ono. a,6. 'tivasltlrOk,, undivided a
in t. 1:.,1j.Kaoper undivided int. lU 11 11 11 U, It 235.22
J.no. ;lcil.tiror7, 9 11
of 1t bo I is 26b.22
aJtlJ. 1�. 'iu.l:trJ17,
:3 11toft 50' it 235.22
a;.h.Luniels, widivi::ed i.zt. &
sl .li. +ilsou, iLidivided int. , 7 11 't t, JV' to 235.22
(2aving -saessmeat for7.U.B3;aCK iM21Tjj,' - OontinlMd. )
4i�111 J1.
Mrs. Hulda Lauritzen, G 1-1 1M.U303. HT3. 501 x:4.70444 V235.2.2
is to 11 11175.22
Pierce, b 11 501 c..j
(jurmon, 4 11 lot to J01 It 23b,22
C lyde Ph 111 i p 3 11 it It 501 to 1113.5.22
L. K. -eierce, 50 2:1:1.22
A. 6. Qrow, 1 17 n «t 60t «x 235.22
!a. a. 'W'Acoke a ii 13 DT-11SUO h.R. but `2
`i5. t�a
2,
T'hos. J. D"Brien, lu 13 is It 5UI 11 225.22
IV* U. Lux se ti, 9 13 it bov if 2.'.5.22
Burbor, C3 le3 rt 50,
to 2315.22
-'Iton '.. hyder, 7 13 is
but if 235.22
6 13 to but it 235.22
-1.1 Liz aouuAerii 5 13 11 5U it 235,22
--mma u. E�ydnor, 4 1.5 if but it 235.'2
P. t,. "nebold, undivided one-
h"If i-Aerest &- gillingoi
undivided oxie-half" interest, 3 13 wt it 2.3b.22
W. il. hoberts;m, 2 13 but it 235.212
L. A. Uzzell, 1 13 boo it 22
Dma L. 0ydnor, lu 12 to 50, 11 235.22
University Corp., 9 12 to 50, «r 235.22
.,Lstte of w. P-. Greer, ('testate
closed 111r3. ;&nna, :;�exmisan
undivided )ne-half interest,
--s. t1. .. Vetiley, ar,(Uviclod
one-half' interest, sole !Leirs
of .. E. Green,) a 12 5U I to "71 5.M2
hubert I,. awemcer. 7 12 50, It 235,22
-ass Willie Ciierryoi 6 12 t1 5U 1 r1 235.22
12 tt 50, 41 2135.22
R '.-,-Ilard, 3 12 fit but it 235.21 2
'hobo, 2 12 it bU` ::::1;5.22
1, to 509 to 235.22
B. .'rimble, 1 16�
Jao. 0, hyan Land (;o., 11 11 but 11 235.22
J no. C. RjanA Lwid Co., la 11 rt 501 10 23:x.22
to
Jao. U. Ryan LanN d Co., j 11 501 it 235,22
Z no. C. Ryan Land Go., 14 11 501 19 2Z5.22
Ono. 0. Ryan Lund Co. , 15 11 t150, It 235.22
J no. C. Ryan Land Co.,, 16 11 50, to 235.22
Jnco. C. Ryan Land Co. , 17 11 50, 235.22
Ono. U. Ryan Land Co. , 18 11 but 235*22
Jno. k;. Ryan Land k;o. , 19 11 50 ft 235,22
J7no. C. Rywi TaiAnd Co. 20 11 rr 6U, of 235.22
no. C. Ryan 7,wld C;O. 19 14 but Nab 2
ino. L. Ryan Lund t;o. 20 14 bo 235m22
J no. v. hymn Land Uo., 21 14 bu 235.22
t1no. v. hyan Lind Co., 22 14 50, 235.22
J no. C. Aiywi Lund Ca. 18 14 but
no. k;. hyan Land Co., 17 14 it 50, to 235.22
no. (;. Ry:.n Land Cu. , 16 14 1A)1- I it 23b.-22
2. Run-ar-aell, 16 14 but -20b.22
L;n 1`:yzin Lund Co. , 14 14 tt t rr 235.22
vno. .Kyaa "T and Go. 13 1,1: boo to 235.22
vino. U. li y wi bund Co. 12 14 11 r tt 235.22
`V . U. Nance, 20 10 FRISCO H28. bc) 235.22
E. L. Gregory, 19 10 it 50 t rt 2ZO.22
G. ;vi. Saudi, is lu of but r1 ejz 5f>2
W. A. 1)"rtes, jto r. , 17 lu but
F. D. V,11liams, 16 10 but 22
R. E. Dudley. lb 10 «t 50I It 235.22
Jiii`.Eu� ler undivided coae-ji"lf
interest & undivided
one!-aal" interest, 14 lu 501 is 235.22
l�t,Gtl
1. aving "aoseFib.:,ent for LUBBJvK .,'VE M, Continued.,'
RtiiE pini s0 SL
LO'.' SILK ADDIS•ION FSG. FNT. . lei COST
+. G. 1dunce, 13 10 Ff i WU HTS. 50' 44. V235.22
i. .r. ;ydtior, 12 10 it 50, It ' '235.22
L. J. i;oates' 11 10 if 50' to 235.22
Otto ?:iller, 18 13 to S0' to 235.22
W. W. 2ta dley, (11T.L. given
by Ehoemak r to Willia^rs,
3-9-25; Also suit 1.i ll ia^Is `tis.
shoemaker filed J.C.#70698,)
still pending, 17 13 °' 50' " 236.22
Lenn C. Earris, 16 1: to 50' It
235.22
Vi. Bert Cowan, 15 13 If5U' it235.22
wihif ton Park, 14 13 is 50' If 235.22
William t . "'iahl, 13 13 to 50' 235.22
61&;ude L. i►aee, 12 13 to 50' Is 235.22
;;Ira. , illieL. lison, undivided
1�5 int. , L!rs. Ruby iffatt, un-
divided 1/5 int., :_rs. .:utn
undivicLed l%J interest,
Fri lk :iart on, undivided 1/5 igt. ,
uciw-lee bkzrton, undiviCed
11b .int. , it 13 it 50, of 2:' 5.22
0 . P. 'Yiilli=s, 10 13 " 50, of 235.22
i;i ty of bort i'tor th,
lU ft. strip North of 1 1 pRiSPECi H`�3. 10t " 47.04
Uity of bort ..,orth, 1 1 It 50' " 235.22
'Jnivernity corporation, 1 20 it 50' " 235.22
J . H. Johnson; undivided one-
half int. ci J. P. ILay undivid-
ed one-h"11' interest, 2 wti) to 50, " 235.22
University Uorporation, 3 2U It
5U' " 235.22
University Uorporation, 4 20 to 50, If 235.22
Ju-11a J uckson, Chapter
Jaugriter' s of Uonfederacy, v 20 " 50, to 235.22
Fairmount Land U'o. , 6 20 it 50, it 235.2.2
Fairmount hand Uo. , 7 2U " 50' to 265.22
Fairmount Land Co. , 8 20 " 50, " 235.212
r e, but °x 2235.22
/v. grit, 9 1.0 3U
.irlie Chedester, 10 20 to SU' " 235.22
H. T. ._:cQowuri, 11 k0 " 50' 1"" 235.22
H. 2. .McGowan, 12 20 " 50' " 235.22
Joseph A. 2te6,er, 1 21 " 50' to 235.22
J. W. V'iright, undivided 1�9
int. , Cornelius 4right, undivid-
ed 1/9 int. , Jeannett Earl;
undivided 119 int. , L. t.'/dright,
undivided 1/9 int. , H. ;.`,aright,
undivided 1/9 int. ,
L.A.Vxignt, undivided 1/9 int. ,
G.�i.ti�righL, undivided 1/9 int. ,
Jno.J ._•r'ri6ht, undivided 1/9
int. , lcuby Lewis, widivided
1/9 int. , 2 21 " 5U, to 235.22
u oseph ... Steger, 3 21 " 5(i' to 235.22
t,.i:.Vickery, unuivided 1/3 int. ,
,llixi Davis undivided 1/3 int. ,
li.H. <ing ludivid.ed 1�3 int. , 4 21 " 50' " 235.22
Joseph A. Cteber, 5 21 " 50 " 1:35.22
C.h.Vickery undivided 1r3 int. ,
'Jlin Davis wl.divided 1/3 int. ,
R.11. '.King ,.uidivided 1/3 int., 6 21 is 5U' to 235.22
Joseph a. ;teger, 7 21 it 501 it 235.22
LaUvillg a.se gsemelltfor LMOC K AMNIM, Monti 4qgd.)
RATE, PUR TWAL
LX BLK "LQUIQ4 F2Q- COST
Q. li. Vicicery, undivided
1/0 Lit. , -Aln Davis, van-
divided 1/z int. , it. li.
ur-divided 1/Z int. , 3 21 PROSPECT HTS. 50147C.4,4 4 1 -135.22
zo meph ateger$ 9 21 501 d, -".�5.22
Joseph aLeber, 10 21 50, 235.22
Joseph !AeLpr, 11 21 501 21"5.22
City of Tort Vlorth, 111.1 21 509 235.22
P'. L. :.cJrury, 1 10 BYERS :1:(;Cix 501 2";z.22
Estate A. i. Byer$, 41no.
Bostick, Or. , executor (Sold
to Edwin Lewis,by contract) 2 10 50, 235.22
Letate Dyers, ino.
:Bostick, Jr. i;xeczztor, .3 lu 50, rF 235,22
sirs. Josephine 4aoleey, 4 10 50, 235,22
U. Aewurt, 5 10 re 50, 235.22
Letate ". 2". Byers, Brio.
Bostick Jr. ,: ecutor, 6 10 50, 235.22
`*state ji,. To Byers, 4'jno. ,
Bostick, Jr. , Executor, ( cold
b,y contract to .L"..:.urry) 7 bo r. 2,55.22
Robert Curdwell, undivided
Community int., & its L;"ssle
J"rdwell, undivided1IA;cAwau-11ty
interest, a 10 50, 235.22
l'obert (;ardwell, undivlded
,L,, 2:�-
Community int., & %Afe ;';assie
V;ard,well, undividedic0f.=lUllit.7
interest, 9 10 to 5U re 235.22
Goo. f�. 2,4terson, 10- lu It 509
Goo. 11. OL-Atersor,, 11 lu tf 50, 235.22
lGeo. i:. P4tterson, 12 10 it L5() 135.22
A)TAL COST TO TE.i; AWRi;hTY Jv,JM- 5 - - - - - - - - - - - - - - - - il'36.056.U3
T92"L QOST To THS CITY OF FURT MIRTIL - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - --17,056.03
FORM No. 14—Continued.
That the amount set apposite the description of property above is hereby assessed against the said
property and declared to b&!a 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 amount payable
by each owner, and assessed against his or her property, above, shall be payable as follows, to-wit:
In six equal installments, one payable within 3 0 days after the date of completion of said work
and its acceptance by the City, and the remainder in five-'equal annual installments thereafter, 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 or interest upon said
assessments when due as herein provided shall at once mature the whole amount thereof, both prin-
cipal and interest, which shall at once become collectible without notice.
(3) That the said assessments shall bear interest from the date of the said completion and accept-
ance at the rate of 8 per cent per annum, payable annually, and if not paid when due the said assess-
ments 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 per-
sonal liability or lien in any court having jurisdiction.
(4) That the City shall issue to the said contractor, for the said improvement assignable certifi-
cate against said property and the owners thereof, which said certificates shall declare the said sums to
be due and payable in installments as herein provided after completion and acceptance of said work,
and shall be payable to the said contractor, and shall state the amount due from each property owner,
and hereby assessed against his property, and the rate of interest thereon, herein fixed at eight per
cent (8%) per annum, payable annually, 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
accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite that proceedings with reference to such improvements 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 charge of 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 City Assessor and 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, en-
tered into by the owner.of property therein described, and shall provide that the City Assessor and Col-
lector 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........................
L CrK--: Yaa Ul ...............CERTIFICATE FUND No.............-...................................... and that
whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation by the said contractor, or the holder thereof, to endorse said payment there-
on, and the contractor or holder of such certificate, shall be entitled to receive from the City Treas-
urer the amount so paid upon presentation of the said certificate, credited with the amount paid there-
on, 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 there-
of, together with accrued interest and cost of collection, shall be paid in full. That said certificates may
be issued, with coupons thereto attached evidencing the several installments of principal and interest
thereof, which coupons shall be executed and attested by the Mayor and City Secretary as are said
certificates under the terms hereof, but the signatures of said Mayor and City Secretary attached to said
coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any in-
stallment evidenced by a coupon, such coupon shall be credited by the City Assessor and 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.