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HomeMy WebLinkAboutOrdinance 1352 r0RA1 No. 14. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON___BAY--- TREET______________________ IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE West-------------LINE OF---Cgllege Avenue___________________ AND ITS INTERSECTION WITH THE East-------------LINE OF__Eighth--- ------------------------- 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__________________ _-----_-BERRY--STREET _________________________between its intersection with the_____West_________-__line of__CQ11sge _---_---Ai PAg0--------with its intersection with the______EaSt-----------line of---Eighth____tAve.------- 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 here duly advertised for, as required by the City Char- ter; and, WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of --------G-ENERAL---CONSTRUCTION_ COMPANY____________________ for the improvement of the said portion of said Street, was accepted by said City Council; and, WHEREAS, The said_GENERAL__CONSTRUCTION_-_COMPANY____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 rising the same with__2--VGrtiCd.7.__FibTe Brick �" Concret8 foundation; and, - ----- - pavement with -- - - ------- - WI-IEREAS, The said contractor has executed bonds to the City of Fort Worth for the construe- 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 Charter, in___For'-__Worth__Press-------------------------------------------------------- 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-----6th------day of------ e C embe r__________________ 192----T, at9 ,310------o'clock---A'--------M., atwhich time and place-------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ---- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ - - ------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ow tiers, appeared to protest the (said assessment a-rid the benefits of said improvement connected 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 ibaprovements exceed in each case the amounts here- inafter assessed against such property and the Ewner�; thereof and the'said City Council having ; on- sidered 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 re- ceived 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 improve- ments, 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: Paving Assessment for BERRY �"-'R,EET , flQ',l the Nest line of College A V,67. to the East line of 'Si.�;i� ,r___Avc. 'a� 7;, - ��t,, :''.,...._1'ex Gorl�L r� ctor i General C or_s n Jo . z L:� ry. Mrd. -- -_---- $2. 74 Pa1.e:11Cnt.�'.21TE:rt] CLIl Fivre B*'iCX 1, :i`•i^rr I - _-------- .�5 I ,i nl For Combined curb a,n�! 214-q Gfttter' per ------ /5 ,-�, i; i -jz For ._�w.rth _U.Lc :,iat�.. .,__ a�v�s -----------__ _.. .-_._-_-----�._.___...._------- . 5 For RociTcu.t c��i _:r_•; �_ „ ;,_,, _._—__...._.__._... ._ �____::�__._.:�_.-___ -- `, PER TOTAL N A 1;i _Y..±.��-)`?'..__.x.'..71.` .5_ r'TI,r . __...�'r� ,r7- y'''� .Fr G0Sy Jc;. E:. r;:,IaeY No_ ] Cft. of ---- ? ^ rr / So.4Cft. of __.._.... _,_+ 1� john ").1eyan's �7:r, ,_;_.�f �.:vr '* 5�- $8o4.4(,) Hel�phill. He ,alts Lodge,No.116!-, A. F.& A.1-1. No.10 ft. of --- 121 13 E.M. Cyrus ------ 7.4 & , No. 10 ft ,, of -- 1.3 14 " 125 11 804a�0 -' James A. Brown -- 11 & No.10 f t. of --_ 12 14 +! 125 n rr SOLI .40 r City of Ft.Worth Nolo ft. of --- 13 15 ;' 125 !' " 804.40 City of Ft.1,7vorth No. 10 ft. of ---' 12 36 Ryan Place 1�? " " 952.4.2 City of Ft.,V7c th 28 ' ' 'r l'�F,,,4 r! It 171.28. 71' City of Ft,'dor th 27 _ " '` h;J City of Ft.Worth 26 32 " " 8C' '' " 514:. 52 City of Ft.Worth 25 32 " '` 120,6 " " 776.09 Gu-1f, Colo ra-do & Santa Fe Ry.. Co. , ri g'.it-••of-way on north side of Berry StTeet 1.:1.6. 4 " " 749.06 City of Fort four acres M).t of south ea,s t corner Survey----?80 ft. " 2,445a3Q City of Ft.tiuorth 12 G 'o.heizp hill Hts. 150 ft. " 965.29 E.S.Kipps & wife, Emma hipps ----- 12 r- n n n 5o 965. 29 n rr G.H.Mann ------- 13 • 28 'r !! !r �50 n n 965. 29 Lall,a Helm,a f enc; sole,& Fancy E. Helm ---- 24 4o if n it 150 " " 965. 29 Nina Bridges Fowler --------- 1 40 " n n 150 a +' 965.29 Jo S.Hubbard --- 1 41 " " !► 150 " " 965. 29 City of Ft.Worth 9 to 1(p- incl, . A Sha.ti-Clarke Add. 410 " ° 2) 638.4x; Gulf, Colorado & Santa Fe Ry. Co. , Right-of-way on south side of Berry Street ---------17.6.4 " " 749.0b" Cit of- Ft.1,lorth- 2,11 of Block ---------44 John C.Ryan' s So. 80 " " 514,2 City of Ft.Worth 1 43 It !r n n 125 rr ++ 804, 4o Ci Yy of Ft.Worth 21 43 It ° if if 11:L5 ri +! SG4 .4o 1 6 it n !� n 125 rr n 8011-.'40 J S.rNeely ------ 24 6 rr a !! n n 1225 75 a !! 880404. `�U .40 L.L.Fa.rri s ----- 1 7 +r n n rr +' W.H.Huff & -wife, n n n „ �n n 1,1able Huff ----- 24 7 125 �G 0 T-II. B. Cheshi er --- 1 S rr n n n 125 n ++ 8o4.4o Mamie Willing, a 40 f eme sole ------ 24 8 'r " n ° 125 " " 804. ) TOTAL COST TO THE PF�OPERTY OWNERS — - — — — — — — -$27,103.90 TOTAL COST TO THE CITY OF FORT 'XORTH- - - - - - - - - - 18 000.00, GR.1NDTOTAL - - - - - - - - - - - - - - - - - - - - - - 5103.90 FORM No. 14—Continued. That the amount set opposite the description of property above 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 to all other liens, claims or titles, except lawful taxes, that the amount payable by each Cwner, 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 install ents 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 inter- est upon said assessments when due as herein provided shall at once mature the whole amount there- of, both principal 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 ac- ceptance at the rate of 8 per cent per annum, payable annually, and if not paid when due the said as- sessments 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 j uris diction. (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 shallfrecite 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, entered into by the owner of property therein described, and shall provide that the City Assessor and 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------ --- _BERRY S TREET- ---------------------- -----------------------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 thereof, together with accrued interest and cost of collection, shall be paid in full. That said certifi- cates 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 at- tached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon pay- ment of any installment 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 en- force the lien securing the said certificate, and collect the same, but shall not be liable in any manner for failure to so collect or enforec the lien thereof. (5) That this ordinance shall take effect from and after its passage.