Loading...
HomeMy WebLinkAboutOrdinance 157 2.1 "Wx l 7- AIT ORDINANCE assessing a portion of the cost of improvement on Suimit Avenue, in the City of Fort Forth, Texas, from the north line of North Street to the south line of Test Seventh Street, against the ovrners of property abut— ting therepn, and their property. -------------- F BE IT ORDAIPED BY THE BOARD OF C0121ISSIONERS OF THE CITY OF FORT VTORTH, THAT, 17=13EAS, o the day of 19 the Board of Commissioners of said City directed the improvement of Suimnit Avenue, from the north line of North Street to the south line of Test Seventh Street, by raising, filling, grading and paving the same, and, THE'RJW, in accordance with said resolution., specifications for said work were duly prepared by the City Engineer, and adopted by said Board of Commissioners, and, V,�RN.AS, bids for said iriproverient were duly ad— vertised for, as required by .the City Charter, and, THEREAS, said bids were received, opened and consider— ed by the Board of Commissioners, and the bid of the TEXAS BITULITHIC COM-PA17, a corporation, for the irproverient for the said Sumit Avenue, was accepted by the said Board of Commissioners, and, THFRE'AS, the said TEXAS BITUZITHIC COMPANY has entered into a contract with the City of Fort 77orth, as provided by the charter, for the improvement of the 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, 17HEREAS, the said company has executed its bonds to the City of Fort 7 orth for the construction thereof, in accordance with the said contract, and specifications, with such surety as required by the said City Charter, which con— tract and bond, with the surety thereof, have been duly ap— proved by said Board of CorxAssioners, and, V=RE'AS, thereafter the City Engineer of said city files his written statement with the Board of Commis- sioners concerning the said improvements, and the cost therecf, as provided by Section 8, Chapter 14, of the Charter of the said city, which statement 'was considered by the said Board, corrected and approved, and, ERFAS, thereafter the said Board did, by reso- lution of date, the day of 19 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 ovmers, 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 advertisement, as provided by the said City Charter, and also by posting said' no- tices as therein provided, and, MEREAS, in accordance with the said resolution, the said City Secretary 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-Telegraru, a daily paper of general circulation in the City of Tort Torth, for five (5) consecutive days prior to the said hearing, and did also notify the said owners of the -2- said hearing, by posting a copy of the said notice to each of them at the post office, in the City of Fort Tvorth, Texas, more than ten days prior to the date of the hearing: and, 7=1PREAS, the said hearing, in accordance with the said resolution and notice, was held by the Board of Conmis— sioners on the day of 1� at nine !'clock A.MT. , at which :titre and place, no owners of property, appeared to protest the said assessment, and the benefits of said improvement connected with the improvement of the said Sunmit Avenue. NO7 , THEREFORE N' BE IT FURTF,-7R ORDAITTED BY THE SAID BOARD OF COM75ISSIONERS AS FOLLOWS, TO—TIT: 1. That the benefits to each parcel of property of each owner hereinafter named in the enhanced value of said property exceed in eac.-L 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 thereby each owner is to be assessed in proportion as the frontage of his property is to the whole frontage improved, would operate unjustly in particular, and that the apportionment and assessment hereinafter made will effect substantial equality and _S_ justice between property owmers, having in view benefits received by and burdens imposed upon such owrners, and said apportionment 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 herein below] described, as their proper pro-rata part of the cost of the said improvements, the several sums of honey set opposite the names of the said owners and their said property. The naL,es 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: Square Rate per Name, Block, Lot and Addition- Frontage. yards. Cost. foot. Hyde Jennings estate, blk 29, Jennings 'West...347.5 563.722 $ 1,176.769 $3.3863 First Christian Church, S. 165 ft. of blk. 30....165 270.416 564.493 3.4211 Pontiac Buggy Co., S. 50 ft. of N. 165 ft. of blk. 30, Jennings West...........,............ 50 81.944 171.058 3.4211 JH. Gersbacher, N. 115 ft. of bllk: 30, Jennings West . ...................................115 185.472 393.435 3.4211 E. B. Randle and C. J. Gambrel], S. 166.5 ft. of blk 31, Jennings West.....................166.5 278.887 582.176 3.4965 Mrs. G. E. Buck, S. 66 ft. of N. 166 ft. of blk. 31, Jennings West........................ 66 110.550 230.773 3.4965 Jno. Forsell, S. 50 ft, of N. 100 ft. of blk. 31, Jennings West ........................... 50 83.750 174.828 3,4965 Oscar I{rantz, N. 50 ft. of. blk.31,Jennings West 50 83.750 174.828 3.4965 Hyde Jennings estate, blk. 32, Jennings West..332.5 554.166 1,156.821 3.4791 Hyde Jennings estate, N. 120 ft, of blk. 33, Jen- nings West .................. ...........120 200.000 417.500 3.4791 Hartshorn Bros., 200 ft. of blk. 33, Jennings . West . ...................................200 333.333 695.832 3.4791 Miss Olive Frantz, N. 66.25 ft. of blk. 34, Jen- nings '"rest ................. ............. 66.215 110.968 231.645 3.4965 Miss Maude Lovelady, S. 66.25 ft of N. 1.',2.5 ft. of blk. 34. Jennings West.................. 66.25 110.968 231.645 3.4965 Hyde Jennings estate, N. 100 ft. of S. 200 ft. of blk. 34, Jennings West....................100 167.500 349.656 3.4965 Misses Lena and Lizzie Johnson, 5.100 ft. of blk. 34, Jennings West.....................100 167.500 849.656 3.4965 Geo. F. Cotter, N. 81 ft. of blk. 85, Jennings West . ................................... 81 132.750 277.115 3.4211 Mrs. Chas. T. Lord. S. 81 ft. of N. 162 ft. of blk. 35. Jennings West........................ 81 132.750 277.115 3.4211 Mrs. H. E. Elliott. N. 50 ft. of S. 200 ft. of blk. 35, Jennings West......................... 50 31.944 171.058 5.^-I,! L. P. T. Harwell, N. 50 ft. of S. 150 ft. of blk. 35, Jennings West........................ 50 51.944 171.058 3.4211 B. L. Anderson, S. 100 ft. of blk. 35, Jennings West . ...................................100 163.888 342.116 3.4211 Jno. W. Ray, N. 135 ft. of bila. 36, Jennings West . ...................................135 219.000 457.150 3.3863 F. L. Jaccard, S. 105 ft. of N. 240 ft. of blk. 36, Jennings West ...........................105 170.333 355.570 3.3863 D. W. Baker, N. 50 ft. of S. 120 It. of blk. 36, Jennings West ........................... 50 81.111 169.319 3.3863 Dr. J. R. Pollock, S. 70 ft. of blk. 36, Jennings Brest . .................................. 70 113.555 227.046 3.3863 Total . .................................. 4,483.201 $ 9,358.744 City of Fort Worth....................... 554.183 1,574.355 Northern Texas Traction Company....... 1,343.555 2,804.671 Citizens Railway and Light Company.... 49.777 103.909 Grand total ........................... 6,630.716 $13,841.679 That the amount set opposite the name of each oTLmer above, and his propert7T is hereby assessed against the said property, and declared to be the personal liability of the oTner thereof, and secured by a lien upon the said property superior to all other liens, claims, or titles, except lawful tales: that the amounts payable by each owner, and assessed against his or her property, above, shall be payable as follows to—rit : In full, within thirty days after the coLpleton of the said improvement, in front of the property of each respective owner and acceptance thereof by the said city. J. That the said assessment shall bear interest fron the date of the said completion and acceptance at the rate of 8`' per annum, and if not paid when due the said assess— ment and claim of personal liabilit7T 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—pw�7ment 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 jursidiction. 4. That if any of the said property owners, against whom and his 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 TESTAS BITTLITHIC C01MANY, the contractor for the said iffiprovement, assignable certificates against the owners of said property, so failing to pay such assessments, and against their said property, which said certifi— cates shall declare the said sums to be due and payable upon the completion and acceptance of the said work, and shall be payable to the said TESTAS BITZJLITHIC COITANY, 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 (8) per cent per annum, and each certificate shall recite and declare the fact that the same are secured by a lien against the property of such owner, and the personal liability of such owner, and shall describe such property by number and block, or DY 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 ovmer 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, that 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 W, with the terms of the said contract of the City of Fort Worth 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 Hayor and attested by the City Secretary with the corporate seal Said certificate shall provide that the same shall be payable to the Tax 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, enter cd into by the owner thereof, and shall provide that the Tax Collector shall deposit all siu!s received by hir: or, said certificates with the City Treasurer and_....the said City Treasurer shall keep the saL:e in a separate fund, which fund is hereby designated as the STIIMIT AVEITUEE SPECIAL CERTIFICATE FUZSD 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 t thesaid contractor, or the holder thereof, to endorse said payment thereon, and that the said contractor, or holder of sucl. certificate, shall be entitled to receive from the said City Treasurer the amount so paid upon the presentation of the sial cert-if icate, credited with the amount paid therecr , and that said endorsement and credits shall be the treasurer's warrant for making such payment to the said contractor, and that such 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 sia ll also recite that the City of Fort forth shall not be liable for the payment thereof, —7— 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 Torth and that the said City of Fort Torth shall, whenever demanded by the said company, or holder of said certificate, fully exer— cise xer— c se this Charter power to enforce the lien securing said cer— tificate, and collect the seine, but shall not be liable in any manner for failure to so collect or enforce the lire thereof. 59 That this ordinance shall take effect from, and after, its passage. T. hereby certify: -hat '_-he al,ove andfore going ordinance ras duly presented and unaninnously gassed ')y the �3oard o-1- "I o_=_ the City of _Fort fVorth at a session o'' Said Board held `l`'uesd_ay -- -ay 3rd,1910. City- cre-t ary.