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HomeMy WebLinkAboutOrdinance 211 • "1 AN ORDINANCE assessinz a portion of the cost of improvement on �---_ Street in the City of Fort north, Texas, b=en intersection with the �/� line of /� and its intersection with the line of ( ! Street, against the owners of property abutting thereon, and their property. BE IT ORDAINED by the Board of Commissioners of the City of Fort Worth, Texas, that , WHEREAS, on the ---=-f------ day o f 1910, the Board of Commissioners of the said City directed tl.e improvement of Str t between its in- tersection with the line of G and its intersection with the L/TV_/� line of Street, by raising, filling, grading and paving the same ; and, UHEP,E,AS, in accordance with said. resolution, speci- fications for said work were duly prepared by the City Engin- eer, and adopted by the Board of Commissioners ; and WHEREAS, bids for said improvements were duly ad- vertised for, as required by the City Charter; and WHEREAS, said bids were received, opened and con- 2 sidered by the Board of Commissioners, and the bid of the Texas Bitulithic Compa y, a corporation, for the improvement of the � r a�,J was accepted by the said U Board of Commissioners; and- M=S, ndMiEREAS, the said Texas Bitulithic Company has en- tered into a contract with the City of Fort Worth, as pro- vided 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 a five inch gravel concrete foundation; and :EAS, the said Company has executed its bonds to the City of Fort Worth for the construction and maintenance thereof, in accordance with the said contract, and specifica- tions, with 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 thereof, as provided by Section. 8, Chapter 14, of the Charter of the City, which statement was considered by the Board, corrected and ap- proved; and =MS, thereafter, the said Board did, by resolu- 3 tion, of date the b ' day of 1914, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of the 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 direct the said Secretary of the said City to issue notice of the said hearing by adver- tisement, as provided by the said City Charter, and also by posting said notices as provided therein; and 'G ,EAS, in accordance with the said resolutions, the said City Secretary did issue a notice of the said hear- ing 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 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 EAS, the said hearing, in accordance with the said resolution and notice , was held by the Board of Commis- sioners on the 1'6 day f -4114 , 191d, at a. m. , at which time and. ace 4 owners of property, appeared to protest the said assessment, and the benefits of said 'mprovement connected with the im- i� pS rovement of said -fi�cst oh Street: NOW, THEREFORE, Be It Further Ordained by the said Board of Commissioners as follows, to 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 assess- ed 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, where- by each owner is to be assessed in proportion as the frontage of his property is to the whole frontage improved, would op- erate unjustly in particular cases, and that the apportion- ment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens imposed u-pon such owners, and said apportionment is hereby adopted. 2 That there is, and shall be, assessed against each of the ovmers of property hereinbelow named, and against the several parcels of property of said owners hereinbelow de- 5 scribed, 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 ovmers and their property. The names of the said owners, and the descriptions of the property of each, and the total amount in money here- by assessed against each one, and his property, being as fol- lows, to wit : J. B. Collins, lot 1, bloc[ 1, Texas &I Pacific addition, 192 feet frontage,1 370.773 square yards, cost $773.99, rate per foot, $4.0312. J. R. 2ollock, lot 3, block 36, Jen- nings West addition 92 feet front- age, 177.662 square yards, cost $370.87, rate.per foot, $4.0312. H. H. Cobb, lot 5, block 36, Jennings West addition, 100 feet frontage, 193.11 square yards, cost $403.12, rate per foot, 84.0312. - 6 That the amount set opposite the n.^me of each owmer 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 omer, and assessed against his or her property, above , shall be payable as fol- lows, to wit: In full, within thirty days after the completion of the said improvement, in front of the property of each respec- tive owner and acceptance thereof by the said City. 3 That the said assessment shall bear. interest from the date of the said completion and acceptance 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 en- forced, either by the sale of such property by the officer and in the manner, as far as applicable, as sales are author- ized 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. 7 . 4 That if any of the said property owners against whom or their property the assessment is hereby made, shall not pay in full when due the amount so assessed, then, that the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, 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 pay- able thirty days after 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, and hereby assessed against his property, and the rete 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 shall describe such property by number and block, or such other descriition as may identify the same with reference to any other fact recited, and by the name of the owner, and if the o-�mer is not known, or if the property is owned by an es- tate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared shall not be paid when due, then it shall be collectible with accrued interest, and with court costs and reasonable attorney' s fees, if same have been incurred, and 8 shall recite the proceedings with reference to such improve- ments have been made in compliance with the terms thereof and • the Charter of the City of Fort Worth, and that all prerequi- sites to the fixing of the liens and personal liability evi - denced 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 Col- lector of the City; who shall issue his receipts for payment thereon, 'whi.ch receipts 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 own- er thereof, ana shall provide that the Tax Collector shell deposit all sums received by him on said certificates with the City Treasurer, and the ' said City Treasurer shall keep the same in asebaarate fund, which. fund is hereby designated as the 'ZPa+ R-na -"t Certificate Fund No, 1, and that whenever any payment may be made to the Tax Collector upon such certificate , it shall be his duty, upon presentation by said Contractor, or the holder thereof, to endorse said pay- ment thereon, and that Contractor, or holder of such certifi- cate, 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 endorse- ment and credits shall be the Treasurer' s warrant for making 9 such payment to the said Contractor, and that such a payment by the Treasurer shall also be receipted for by the said hold— er 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 certificates shall also recite that the City r 3 of Fort Tiorth shall not be liable for the payment thereof, ' or r 0 for any interest thereon, or for the cost of collecting or a a enforcing safe, but that the said company or holder thereof o_ x shall have the right to collect such certificates as therein 0 Z provided by the terns of the Charter of the City of Fort a a a Y 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 secur— ing 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. 6 That this ordinance shall take effect from and after its passage. I hereby certify that the above and foregoing ordinance / asd d unanimously passed by the Board of Commissionertt, th 'iti f Fort worth at a session of said Board held Saturday April 1st19 Cit Secretary.