HomeMy WebLinkAboutOrdinance 164 AN ORDINANCE
assessing a portion of the cost of
improvement on Jennings Avenue, in the
City of Fort Worth, between its inter-
section with the south line of Magnolia
Avenue and its interesction with the
south line of Bois d' Are Street, against
the owners of property abutting thereon
and their property.
a' !f
BE IT ORDAINED BY THE BOARD OF CCEATSSIONERS OF THE
CITY OF FORT WORTH THAT :
WHEREAS , on the 40 day of czZee,. 1911?
the Board of Commissioners of the said city Lected the improv-
ment of Jennings Avenue between its intersection with the south
line of Magnolia Avenue and its intersection with the south line
of Bois d'Are by raising filling, grading and paving the same, and
WHEREAS, in accordance with the 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 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 TEAS BITULIRC
COMPANY, a corporation, for the improvement for the said Jennings
Avenue was accepted by the said Board of Commissioners, and,
WHEREAS, the said TEXAS BITULITHIC CCMPANY has entered
into a contract with the City of Fort forth, as provided by the
charter, for the improvement of said street, within the said limits
by raising, grading and filling; the same, and by paving the same
with Bitulithic pavement upon five inch 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 bond, with the surety
thereof, have been duly approved-by said Board of Commissioners
2,
and ,
WHERFAS, thereffba'the City Engineer of said city filed
has written statement with the Board of Commissioners concerning the
said improvements, and 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 pipproved, and,
WHEREAS, thereafter the said Board did, by resolution
of date, the day of _ 191 Q 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 di-
rect the said Secetary of the said City to issue notice of the
said hearing by advertisement, as provided by the said city Char-
ter, and also by posting said notices as therein provided, and,
WHEREAS, in accordance with the said resolution, the
said City Secetary 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 noti-
fy the said owners of the said hearing, by posting a copy of said
notice to each of them at the post office, in the city of Fort
Porth, 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 2 day of 1910, at nine o'clock A.M.,
at which time and place
A� )v K ��
owner of property, appeared to protest the said assessment, and
the benefits of said improvement connected with the improvement of
the said Jennings Avenue.
NOW' THEREFORE BE IT FURTHER ORDAINED BY THE SAID
BOARD OF CCIMISSIONERS AS FOLLOWS,TO-!7IT:
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 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 tp the whole front-
age improved, would operate- unjustly in patticulariPo
oand 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 apportim-
ment is hereby adopted.
2.
That there is, and shall be, assessed against each of the
owners of property herein below named, and against 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 said property. The names of the said owners, and
descriptions of the property of each, and the total amount in
money hereby assessed against each one, and his property, being
as follows, to wit:
FORT W OR 1'H 8T.A1?,TELE GRAD
LEGAL NOTICES LEGAL NOTICES
charter of-9ald city,and the said board does llereby declare such necessity. F
Second, that the total estimated amount of the cost of paving of Jennings if
avenue, as reported by the city engineer, Is the sum of nineteen thousand five b
hundred and two dollars and ten cents (119,502.10); that the names of the h
Property owners against whom and whose property such assessment Is pro- BE
posed to be made, and the total amount which is proposed to assess against h
such property owner is as follows, to wit. h.
S
Paving Assessment for Jennings Avenue from South Property Line of Magnolia &
Street to South Property Line of Bois d'Aro Street. h,
Square Rate per 1,
Name, Block, Lot and Addition- Frontage. yards. Cost. foot. h
Albert Shaw, J. B. Lanerl, M. M. Lydon, blk. G
2,Its. 1, 2, 3,Moodie's sub.................150 249.999 0 621.872 $3.4791 ki
Mrs.L. M. Auer, blk. 2, It. 4, Moodie's sub,.... 50 83.333 173.957 3.4791 at
J.S.Collier,blk.2,Its.6,6,Moodie's sub.......100 166.666 347.915 3.4791 ki
H.O.Moore,blk.2,It.7,Moodie's sub.......... 50 83.333 173.957 3.4791 aj
W. P.Wise, blk.2, It. 8,Moodie's sub.......... 60 88.333 173.967 3.4791 cl
F.M. Cardwell,bik.2,It.9,Moodie's sub....... 50 83.333 173.957 3.4791 al
C.E.McKlllen,bik. 2, It.'10, Moodie's sub...... 50 83.333 173.957 3.4791 ui
T. H. Mueller, blk. 2, It. 11, Moodie's sub...... 60 83.333 173.957 3.4791 d:
Mra. T. B. McDounough, blk, 2, It, 12, Moodie's -ti
subdivleIon ... 50 83.333 178.957 8.4791 h,
P,W. Hunt,blk 2, its. 18, 14, Moodie's sub....300 166.666 347.915 3.4791 Vl
A.W. Petera0n blk, 2, It. 16, Moodie's sub..... 60 83.333 173.967 3.4791 A
D.T.Evans,blk. 2.It. 16, Moodle's sub......... 50 83.333 173.957 3.4791 di
C. F.Tolllaon,blk. 1,It. 17, Moodle's sub.......147.8 242.768 506.778 3.4288 aj
J. S.Cole,bik.Y, It.1% Moodie's sub...//....... 50 83.333 173.957 3.4791 p1
S.D.Trtppett,blk. 1.It.19,Moodie's sdb...,... 50 93.838 173.957 3.4791 21
U.M.Y0&limn,_bik,1,IL 20, doodle's sub.... 50 83.333 173.957 3.4791 0
,+•. '3k..:1:.Its,$1,S2,Moodie's sub..100 166.666 347.915 8.4791. &
A 1,lib,'l9; 2� Mooffe's sub..100 166.666 34T.916 3.4791 ei
R M.Rowland,blk. 1.It.26,Moodle's sub...... 60 83.333 173.957 8.4791 S;
WJ.W.Champ,blk.1,1t.28,Moodle's sub........ 50 83.333 178.957 8.4791 hr
.B.Paddock, blk.1,It. 27, Moodie's sub...... 50 83.333 178.967 3.4791 St
Charles B. Glenk, blk. 1, It. 2$ Moodie's sub... 50 83.333 173.957 3.4791 in
S. W. Moore, blk. 1. It, '29, Moodie's sub....... 50 83.333 173.967 8.4791 dE
Mrs. A. E. Miller, blk. 1, It. 80, Moodle's bub... 50 83.333 173.967 3.4791 1n
C.W. Fewell, blk. 1,its, 81, 82, Moodie's sub...100 166.666 347.915 3.4791 C,
Mrs. Maggie Finnie, N. 11 ft. of It. 6 and S. 33 bt
ft. of It. 5, blk 1,Vincent's addition........161.8 287.188 599.468 8.7049 M
P. A. Adams and wife, blk. 4, S. 39 ft. of It. 6 if
and N. 11 ft of it.7.Vtncent's addition..... 50 82.722 172.682 8.4686 M
E. F.Eitleman, blk. 1, S. 39 ft. of It. 7, and N. h'
1L ft of It. 8,Vincent's addition........... 50 82.722 1T2AS2 3.4636 S
W. P. Love, blk. 1, S. 89 ft, of It. 8 and It. 9, b'
Vincent's addition ...100 185.444 346.864 3.4536 k
C.W.Fewell and F.D.Wallace,blk.2,Its. 1, 2, S
Vincent's addition ........................100 177.868 371.299 8.7129 b,
•N.E.Reuben,blk.2.Its.3,4,5, V(pcent's ad...161 266.365 566.086 8.4636 It:
Jno.W.Davis, blk. 3, It. 10, Goldsmith's sub... 69.9 115.845 241.148 8.4538 L
t L. M.Hammond, blk. 3, It. 9, Goldemith's sub.. 50 82.722 172.682 3.4636 0.
L.I..Lindsay,blk. 3, It. 8,Goldsmith's sub..... 50 82.722 172.682 3.4536 G `-t--
1 J. F. Holt, blk. 3, It. 7, Goldsmith's sub........ 50 82.722 172.682 3.4636 It
I Aug. Bartholat, blk. 3, It. 6, Goldsmith's sub... 50 SZ.722 172.682 3.4536 f
H.V. Logan, bik. 3,It. 5,Goldsmith's sub...... 50 82.722 172.683 3.4536 0
1 J.B.Emmerman,blk. 3,It. 4. Goidamith's sub.. 50 82.722 172.682 3.4636 a
J.D.Fisher. blk.3,It.8, Goldsmith's sub....... 50 82.722 172.682 9.4536 °
I'P. M.De Vitt. bilk.8, Its. 1,2,Goldsmith's sub..100 165.444 845.364 3.4636 4
Mr bb, blk. 4,It. 1, Goldsmith's sub., 60 82.722 172.682 3.4688 2
I G. .ate mith's sub...... 50 82.722 172.682 3.4636 t
1 MI.- Yfay 0.gj`�BI1d auoos l 1,1 Pus ennellag 60 �v�Sjr -1 172.4 3.4636 1
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1
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 amount payable by each owner, and assessed
against his or her property above, shall be payable as follows,
t6-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 said city.
3
That the said assessment shall bear interest from date
of said completion and acceptance at the rate of eight per cent
(8%) per annum, and if not paid when due, said assessment and
claim of personal liability shall be enforced, either by the
sale of such property by the officers 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 if any of the said property owners, against whom
or his property assessment is hereby made, shall not pay in $all
when due the amount so assessed, then that the city shall issue
to the said
If
'R.
TEXAS BITULITHIC COMPANY, the contractor assignable certifi-
cates 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 completion and acceptance of said work, and shall be
payable to the said TEXAS BITULITHIC COMPANY, and shall state
the amount due from each property owner,mand hereby assigned
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 f4ct that the same are secured by a lien
against the property of such owner, and shall describe such property
by number and black , 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, and if the
property is owned by an estate , it will be sufficient to so
state the fact.
Said certificate shall provide that if the amount
herein declared shall not be paid when due, then it shall be
collectable 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 improvement have
been made in compliance with the terms of the said contract
of the City of Fort North, 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 Payor and attested by the City Secretary with
the corporate seal. Said certificate shall provide that the
same shall be payable to the Tag Collector 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 certificate, or any independent
contract to pay the same, entered into by the owner thereof, and
shall provide that the Tag Collector shall deposit all sums re-
ceived 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 3ENNINGS AVENUE SPECIAL
CE"IFICATF FUND NO. 1, and that whenever any payment shall 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 the said con-
tractor or holder of such certificate, shall be entitled to re-
ceive from the said City Treasurer the amount so paid upon the
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.
Such certificate 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 the 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 cf 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 certificate,
fully exercise this Charter power to enforce the lien securing
said certificate, and collect the same , but shall not be liable
in any manner for failure to so collect or enforce the lien
thereof.
6
That this ordinance shall take effect from, and after
its passage.
I hereby certify that the above and foregoing ordinance
was duly present4and untilmousiy passed by the Board of
Commissioners of the City of Fort Worth at a regular session.
of said Board held Tues"y, May 17th, 1910.
City cre Lary.