HomeMy WebLinkAboutOrdinance 453 FORM No. 14
AN ORDINANCE.
Assessing a portion of the cost of improvement on..,F i f t h Avesnu e............. 39%0tt, in the City of Fort
Worth,Texas, between its intersection with the..Nor.t-h.-..line . .....A.V.anue......-..gaeet, and
its intersection with the ..._S.QU.th............. line of...........Jazaam.i e..............................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 .........2Ild.............. day of ......February......., 19..1.5, the Board of Commissioners of
the said City directed the improvement of .._Fif#-h--._Avenuo.......................................fit between its intersec-
tion with the......NOr-t.k-,-...,..line of..R.Q.ber.t.a....A.Y.e.......SUal with its intersection with the.........SOut.h......line
of..........._Jcs ?+1. I14.....................Street, by raising, 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 Board of Commissioners; and,
WHEREAS, Bids for said improvements were duly advertised for, as required by the City Char-
ter; and,
WHEREAS, Sai#bbidawere received, opened and considered by the Board of Commissioners, and
the bid of the TexasCompany, a corporation, for the improvement of the......Ffth._................ ....... as accepted by said Board of Commissioners; and,
WHEREAS, xa itulithic Company has entered into a contract with the City of Fort
Worth, as provide rt , for the improvement of said street, within the said limits by rais-
ing, grading, and filling th a , and by paving the same with Bitulithic pavement upon a five-inch
gravel concrete foundat'WHEREAS, The sad ;nd,
mpan a executed its bonds to the City of Fort Worth for the construc-
tion and maintenance thereoi c ce with the said contract, and specifications, with surety as
required by the said City Cer which contract and bonds with the surety thereof, have been duly
approved by the said Board ommission s and,
WHEREAS, Thereafter, the Cityxho,i e f said City filed his written statement with the Board
of Commissioners concerning the s ov ents, and the cost thereof, as provided by Section 8,
Chapter 14, of the Charter of the it statement was considered by the Board, corrected and
approved; and,
WHEREAS, Thereafter the said Board d' , b esolution of date, the-2.0tabday of....F.ebr.uar..y..................
19.15.., find and declare the necessity of se 'ng a portion of the cost of said improvements against
.the owners of the property abutting there n, nd their p erty, and did prescribe a hearing of the said
owners, their attorneys, and agents, and fi a date er or and did direct the said Secretary of the
said City to issue notice of the said hearing by ad rt' ement, as provided by the said City Charter,
and also by posting said notices as provided ther n- nd,
WHEREAS, In accordance with the said r solution, t ty Secretary did issue a notice of the
said hearing to the said property owners by publication er or the time and in the manner pre-
scribed by the City Charter, in The Star-Telegram, a' paper of general circulation in the City of
Fort Worth, for five (5) consecutive days prior to t e aid hearin d did also notify the said owners
of the said hearing by posting a copy of the said notice to eac f e , at the post office, in the City
of Fort Worth, Texas, more than ten days prior to the date th ar g; and,
WHEREAS, The said hearing in accordance with t a' r ution and notice was held by the
Board of Commissioners on the,..................................day of ...................... .. ......-----..., 1 .......... -..., at........---------- o'clock a. in.,
atwhich time and place ...............................-...................................................................................... z..... ........-..................
................................................................................_....-............................................................-.........-................ -.................................................................................... .............................
owners of property, appeared to protest the said assessment, and the benefits of said improvement con-
nected with the improvement of said ........Fiftla A-vanue........................ $ ("&.
wit
NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to-
(1) That the benefits to each parcel of property of each owner hereinafter named in the en-
hanced value of said property exceed in each case the amounts hereinafter assessed against such own-
ers 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 assessed in pro-
portion as the frontage of his property is to the whole frontage improved, would operate unjustly in
particular cases and that the apportionment and assessment hereinafter made will effect substantial
equality and justice between property owners, having in view benefits received by and burdens im-
posed upon such owners, and said apportionment is hereby adopted.
(2) That there is, and shall be, assessed against each 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 assessed against each one, and his property, being as
follows, to-wit:
PAVING ASMS112, NT FOR FIFTH AVENUE FROM
THE SOUTH PROPERTY LINE OF JEFSAMINE STREET
TO THE NORTH PROPERTY LINE OF ROBERTS ST,
FEBRUARY 7-1915.
PFr.
N A M ELOT BLI, AADDITION FNTG. BQ�YDS. COST FNT. F� .
Ft.Worth Land do. 9 4 RYAN PLACE 75 108.333 W6.15 0.015-
NJno.C,Ryea Land Co. 8 4 * " 50 72.2a2 150.86
"
.Worth Land Co. 7 4 6 " 50 73.223 x.50.76 E
Jno.C.Ryan Land Co. 6 4 " 50 78.232 1.50.76 11N.Worth Land Co.. 5 4 " " 60 86.667 180.92 "
Jno.C. Ryan Land Co.4 4 a " 165 338. 333 497.52 TM
N " " s " 10 � 75 108.333 826.15 "
Ft,rorth Land Co. 11 6 " " 50 72.222 150.76 TM
Jno.C. Ryan Land Oo.13 5 " " 50 78.322 150.76 "
Ft.Worth Land do. 13 5 " TM 50 73.a2a 150.76 "
Jno.C.Ryan Land 0o. 14 5 " " 60 86.667 180.92 TM
Ft.Worth Land Co. 1 5 " * 150 316.667 453.29 "
JAo.C.Ryan Land Co. 4 ll " " 140 203.223 422.14 TM
Ft.Worth Land Co. 5 11 " " 50 7x,223 150.76 TM
Jno.C.Ryan Land Co. 6 11 " * 50 73.22a 150.76 TM
Ft.Worth Land Co. . 7 50 72.233 150.76 TM
Jno.C.Ryan Land Co. 8 11 " " 50 72.238 150.76 TM
Ft.T,rorth Land Co. 9 ll " TM 50 72.223 150.76 TM
JAo.O.Ryan Land Co. 10 11 " " 50 .73.aaa 150:76 TM
Ft.SPorth Land Co. ll 11 " " 50 73.222 150.76 TM
Jno.O.Ryan Land Co. 13 11 " " 50 73.222 150.76 "
Ft.Worth Land Co. 13 !1 " " 50 72.232 150.76 TM
Jno.C.Ryan Land Co. 14 it " " 50 72.822 150.76 "
Ft.Worth Land Co. 15 11 " " 50 .78.222 150.76 TM
Jno.C.Ry%n, Land Co. 16 11 " TM 50 72.232 j50,76 "
Ft.Woxth Land Co. 1 10 " " 140 a03.223 422.14 if
Jno,C,Ryan Laad Co. 38 10 " " 50' 73,223 150.76
Ft.Worth Land Co, 37 10 . " " 50 72.$33 150.76 n
Jno.C.Ryan Land, Co. 26 10 " TM 50 72.2232 150.4i 76 «
Ft.Worth Land Co, a5 10 " It 50 72.222 150.76 H
Jno.C.Ryaaz Land Co. 34 10 TM a 50 72. 322 150.76 TM
Ft.Worth 'Land Co. 33 10 n " 50 72,222 150.76 It
J,no.C.Ryan Land Co. a2 10 " . 50 72.222 150.76 ,t
Ft.37orth Land Co. 31 10 TM " 50 72.,223 150. 76 "
Jno.C.Ryau Land Oo. 30 10 " TM 50 78.,322 150.76 n
Ft-Worth Land Co. 19 10 " " 50 72..222 1.50.76 rr
Jno.C. Ryaa sand Co,18 10 " " 50 72.222 .1.50.76 TM
Ft.T.rorth Land Co. 17 10 TM TM 50 72. 222 150.76 "
TOTAL FOR PROPERTY OrIMS-------------341.6,104$7,:13 i...03
TOTAL FOR CITY OF FORT T ORTh----------- 155.556 324,72
GRAND TOT AL---------------
3571.660$7,455�76
FORM No. 14—Continued `
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 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 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 the date of the said completion and accept-
ance at the rate of 8 per cent per annum, and if not paid when due the said assessment and claim of
personal liability shall be enforced, either by the sale of such property by the officer and in the man-
ner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as pre-
scribed 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 and whose property an 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 certificates
against the owners of s d perty so failing to pay such assessments, and against their said property;
which said certifi /e l eclare the said sums to be due and payable thirty days after completion
and acceptance o s`si ork, an shall be payable to the said Texas Bitulithic Company, and shall state
the amount due fro each pr� owner, and hereby assessed against his property, and the rate of
interest thereon, herein i e 't eigh er cent (8°Yo) per annum, and each certificate shall recite and
declare the fact that th ammee is se a by a lien against the property of such owner, and personal
liability of the owner, and shal e ib such property by number and block, or such other description
as may identify the same wi ference toOy other fact recited, and by the name of the owner and
if the owner is not known, or if the p pe owned by an estate, it will be sufficient to so state the
fact. ���
Said certificates shall provide a the ait therein declared shall not be paid when due,
then it shall be collectible with accrued inter 'Od with court costs, and reasonable attorney's fees, if
same have been incurred, and shall re ted the proce�ngs with reference to such improvements
have been made in compliance with the ter s ther �ithe charter of the City of Fort Worth, and
that all pre-requisites to the fixing of the liens-'anA�erson Niability, evidenced by such certificates,
have been performed. Said certificates shall 'bre executed Vat
Mayor and attested by the City Sec-
retary with the corporate seal. Said certificates shalo eat the same shall be payable to the
Tax Collector of the City, who shall issue his receipt, or payme f\thereon, which receipts shall be
evidence of such payment, on any demand for same by virti "d certificate, or any independ-
ent contract to pay the same, entered into by the owner ,j d shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifi twith t$eItity Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fundis hereby designated as the..................
Fifth Avenue CERTIFICATE FUND No. 1....., and that wIienevq-gn_y`p yment may be made
to the Tax Collector upon such certificate, it shall be his duty upon press//tWi4n b, the said contractor,
or the holder thereof, to endorse said payment thereon, and that the �ortxactor'or holder of such cer-
tificate, shall be entitled to receive from the City Treasurer the amour-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.
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 de-
manded 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.
Ordinance Nc.452 Cont 'd.
Z herr;by certify that the abcvz; a.ld fore goin- Ordinance -pari
duly pressnted and unaiA mously passed and adopted by the Board of
Commissicners of the Citv of Fort "forth ata 6teesion of said Board
held Tu--sday March 21nd,1915.
"ity, retary.