HomeMy WebLinkAboutOrdinance 357 ORDINANCE N0. � �✓'n
AN ORDINANCE
ASSESSING A PORTION OF TIE COST OF IhIPROVEMTENTS
ON BESSIE STREET, IN THE CITY OF FORT INORTH,
FROM THE 6 .ST LINr OF THE I. & G. N. RY. TO THE
WEST LINr OF CRO18TWELL STREET, AGAINST TH1' OT+"7NERS
OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY,
AND PROVIDING FOR TIE COLLECTION OF THE SAID
ASSESSMENT AND THE ASSIGNABLE CERTIFICATES
EVIDENCING THE SAI.IE.
BF IT ORDAINED BY i'iLn� BOARD OF CM-1:IISSIOIYFRS OF THE CITY OF FORT 70R7'H, THAT:
I
17HEREAS, on the 25th day of I.iay, 1.912, the Board of Commissioners
,)f the said City
by resolution directed the improvement of Bessie Street, between it intersection with
the west line of the I. & G. N. Ry. and its intersection ,:]_i<1 the west line of Cromwell
Street, by raising, filling, grading and paving the seime, and
'RTAS, in accordance with said resolution, specifications for said work were
duly prepared by the City Engineer and adopted by Mae said Board of Commissioners, and
WHEREAS, bids for said improvement were duly advertised for, as required by the
City Charter, and
M-PREAS, said bids were received, opened and considered by 'the Board of Commissioners,
and the bid of the General Construction Company, a corporation, for the improvement of
the said Bessie Street was accepted by the said Board of Ccrmissioners, and
1HEREAS, the said General Construction Company has entered. into contract with the
City of Fort Worth, as provided by the Charter, for the improvement of the said Street,
within the said limits, by raising, .filling and grading the same, and paving the same
with Vitrified Brick pavement (laid flat), upon a four inch gravel concrete base, and
'KEFREAS, the said Company has executed its bonds to the City of Fort '"forth for
the construction thereof, in accordance with the said contract and specifications, with
such surety as is required by the said City Charter, which contract and bonds, with the
surety thereof, have been approved by the said Board of Commissioners, and
THERFAS, 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 said City, which statement was
considered by the said Board, corrected and approved, and
MEREAS, thereafter the said Board did, by resolution of date, the dat of
1912, 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, agents, and fixed a
date therefor and did direct the said Secretary of the said City to issue notice of
the said h,.-.aring by advertisement, as provided by the said City Charter, and also by
posting said notices as therein provided, and
Y7HF,RFAS, in accordance with said resolution, the said City Secretary did issue a
notice of the said hearin to the said property owners by publication thereof, for the
time and in the manner prescribed by the City Charter in the Star-Telepram, a daily
papers 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
WMRFAS, the said hearing, in accordance with the said resolution and notice, was
held by the Board of Commissioners on the 24th day of December, 1912, at nine o'clock
a.m. , at which time the following owners of property appeared to protest the said
assessment, and the benefits of the said improvement connected with the improvement of
-----the said Bessie Street:
J.r►.roker,
J.R.-Hardin "Ggent, , 13.R.Hardin, Agent 9?R.T,.Cromer, J�J.Fulford
C. I .Trotter, 1_'.2ary Whitley, C.C.Narc3isty1 J.W.Frel�man, R,C.Dickey 41 --
S.V%Grlffin, D.Ta.n1.l',eck, Frank Hertig, C.P.T�ance, R.T,.pope , J.Y.DeFeO.
C.H.Rolater, Jno.J,Schilder, .A.Felber, W.H.Manion, F.Vihite W.F.Gold
A.F,.Wa.nt & Co. , Yrs J.M.-Stewart , Mrs Thos.R.Smith, C.�3,_Ambrose 1XJ[xlt[XX]M -
MIrs Agusta Davis, Mrs L.E.Handy. '
Mat the benefits to each parcel of property of each owner hereinafter named in
the enh,inced 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 than, 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
t
o the whole frontage improved, would operate unjustly in particular, and that the
apportionment and assessment hereinafter made will effect substantial equality and
justice between property owners, having_ in view the benefits received by and burdens
imposed upon such property owners, and` said apportionment is hereby adopted.
2.
That there is and shall be, assessed against each of the owners of property here=
inbelow named, and against the several parcels of property of the said owners herein-
below d:,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 owners and their said
property. The names of the owners, and description of the property of each, and the
total amount in money hereby assessed against each one, and his property, being; as
follows, to-wit:
IME1.MBR, 9th-1912.
PAVING ASSES S110M.'T FOR LI;SSIl; STRX T, mold Tib+;
7BIT LI11E OF -THE I & G N RY. RIGHT-OF-WAY TC TIM4 VI ST
PROPERTY J.,xi 21.0 CRO
0 T BLK. ADDITION M\TTG. S0,.YbSCOST
I G IT Ry. RIGHT-OF- WAY 124 161.200 4298.22 '2.4050
J. C. Vhite 1 1 GLZJIVOOD 5o 65.0)00 120.25 If
E.J. Hardin 2 1 " 50 65.900 120,25 "
Wm. H. I,ianion•3 �c 4 1 " 110 143.000 264.55
.Abraham Felber 5 1 to 69 89.7(10 165. 94
Vi-J. ;3oae•10-11 & 12 242 " 15C 195,000 360.175 it
I:ru.willie Stewaxt-All
of 9 and W.* of 6 242 " 75 97.500 100. 36 "
Glenwood Jr. Order
Hall Compares-E.2 of 6 241 " 25 32.500 60.12 "
C .�� . hmbx ove 7 242 " 5C 65.100 120.25 "
A..'4 "Jant :.,. Ca. 2 24 " 134 294 .800 545.38 4.0700
T .L. Smith Est.--3 14 4 24 " 702 155.100 286.93 "
.L' .E. Handy 1 24 " 167 367.400 679.69 If
J.1. Trezeaa,nt 18 25 It 60 110.000 203.50 "
Jno.J. Schilder 17 25 if 50 110.000 203.50 "
Ire,Vix,;inia S.'�Thea.t-
15 & 16 25 It 100 220.000 407.00 " -
l:iorgan Lryan•67.
20 ' of 14 25 " 20 44.000 81.40 "
Jno.Remiedy-E. 30 ' of
14 25 " 30 66.000 122.10 "
-C.H. Rolater-12 (z 13 25 " 100 220. 000 407.00 "
Lizzie Richa,rdeon-
W4 41' of 11 2.5 . " 41. 90.200 166.87 "
I.-Ary Whitley, et al.
10 L4 L. 9 ' of 11 25 " 50 110. 000 203. 50 '}
..re .F. I:u jawuj-,i-1,�42 23 " 100 220.000 407 .00 "
S .A. wateon-3 (4 V.2 of
4 23 " 75 165.000 305.25 "
P .C. Jeannet-All of 5
2 of 4 23 " 75 165,000 305.25 "
Augusta 0. Davie- 6 23 It 50 110,000 203 .50 If
Perry.- 17 23 " 50 110.000 203.50 "
l .I . Parr-10 -, B.
'1/2 of 9 23 " 75 1.65,OCO 305.25 "
J.L7. Griffith- 8
V.a of 9 23 " 75 165.000 305.25 "
j la. :6a ird 20 26 " 50 110.000. 203,50 "
Jno .i' . Carter 19 26 If 50 110.000 203.50 "
T.'J. "Iren-16-17 In 26 it 1,50 330.000 61.0.50 "
Ira .A.nnie
Swea.ringer- 15 26 " 50 1..14.000 203.50 "
I:,Lre .J.'.i'.Dewitt 14 26 " 50 1101000 203 .50 "
Lary E.lTtarrac ong-
11-12 W . 13 26 " 150 330.000 610. 50 "
a:Ze .h.I.,-Bump aaa 1 22 " 50 110.000 203.50 "
hollie E. Lilfoil 2 22 " 50 110.000 203.50 "
I. O. Ave. 14•-w•Ch.3 do 4 22 " 100 220.000 407.00 "
J.L, 'Trotter 5 22 " 50 11h.000 203.50 If
C .P. Lane 5 22 " 50 110.000 203.50 "
TAT; E LOTRATy
ITZOh '"TG._,_._5 . YD�• „COST PIR
IXe .Clara A.
Iia rd e s ty- 7 22 GTL n;J 0 O 50 1104000
C. C. aiia.rdeety 8 22 11w; 203. 50 4 .0'X00
C.J. G 50 110. 000 203.50 "
ori on 9 22 It 110.000 203. 50 ,►
Fran'- Hertig 10 22 If 50 110.000 203.5C "
J. J, a Ulford-17-18-19-20
" 200 440. 000 814.00 "
H.L. Cromer - 15 c;a 16 27 " 100 220. 000 4017. 00
T.J- Pro.�.ent 14 27 " 3 {�
J.J. L-angha,m-All of13 cr 50 110. 000 203.r,Q "
i7•* of 12 217 " 175 165.000 305.25 "
J.4T. Coker-All of 11
ig.
_ (165.000
27
J.J7. Fre�man2 if c� 12 21 �� 75 115.Q00 305.25 „
100 220.000 40'7.oo "
J.Y. De;.'ee 3 21 "
J. 50 11Q.000 203,50of- "
J. Freeman-All of 4 �c
I?�rs .I,ii1u• B - 5 21 If
umpass- 75 165.000 305.25 "
of. 5 w 9 12.z' of 6 21 it
B.L. pop0FE. 3'7*' of 6 21 „ 37� 82.500 152. 63 "
�.. C. Je �.y.ins 7 21 " 34 82. 500 152.63 ,r
R• C• Dichey-16-17-18 43 94. 600 1175.01 "
�.7. z of---15 28 " 175 385.000
C 712.25 „
allie D. Holden- 14 �C
E. T of 15 28 " 75 165.000 305.25 "
S .U. Griffin-12 0: 13 28 "
100 220.000 407. 00 "
TOTAL FOR PI1OPERTy 80626.000y.150958. 10
to If
1,TORTIIMT 1:;1 . T:; -
$24. 000 1, 524.40
CITY OF FORT `:70RTH--- _. , _.,
1, 373L45
TOTAL _--- ._._ _ 10082,3.4 5011�20 023.38
•
That the amount set opposite the narle of each owner above, and his property is
hereby assessed a7ainst 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 amounts payable by each ownerr,
and assessed against his or her property, above, shall be payable as follows, to-reit:
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 acceptance at the rate of 8% per annum, and if not paid when due, the said assess-
ment and claim of personal liability shall be enforced, either by the sale of such
property by the officer, and in the menner, as far as applicable, as sales are authorized
to be made for non-payment of City Taxes, as preseribed 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 propert,- owners, against whom and whose 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 General Construction Company, the contractor for
the said improvement, assignable certificates 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
the said work, and shall be payable to the said General Construction Company, and shall
state the amount due from each property owner, and herebassessed against his property
and the rate of interest thereon, herein fixed at eight y(8) pet 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 block and number, or by 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 faof.
5.
Said certificates shall provide that; if the amount herein_ declared shall not be
paid when due, that it shall be collectible with accrued interest, and with Court costs
-..d attorneys fees, if same have been incurred, and shall recite that the proceedings
with reference to such improvements have been made in compliance with the terms of the
said contract of the City of Fort Worth, and that all prerequisites to the f ixin¢ of
the liens and personal liability, evidenced by such certificates have been perforreed.
Said certificates shall be executed by the crayor and attested by the City Secretary with
the corporate seal. Said certificates 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 certificates, or any independent contract tc pay the same, entered into by the
owner thereof, and shall provide that the Tax 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 E?ESSIE STREET
SPECIAL CnRTIFICATE FUND NQ. 1, and that whenever any payment shall be made to the Tax
Collector upon such certificates, it shall be his duty, upon presentation by the said
contractor, or holder thereof, to endorse said payment thereon, and that the said
contractor or holder of such certificates, shall be entitled to receive from the said
City Treasurer the amount so paid, upon presentation of the said certificate, credited
with the amount paid thereon, and that said endorsement and credits shall be the
Treasurers warrant for making such payment to the said contractor, and that such pay-
ment by the Treasurer shall also be receipted for by the holder in rrriting to the said
Treasurer, or by the surrender of said certificates, when the principal thereof, together
with accrued interest and cost of collection, shall be paid in full.
Said certificates shall also recite that the City of Fort 1,Torth 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 said 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 eertiVicate, fully exercise its Charter powers to en-
force the lien securing said certificates, and collect the same, but shall not be liable
,.n any manner for failure to so collect or enforce the lien thereof.
5.
That this ordinance shall take effect from and after its passage.
I hereby certify that the above and fore going ordinance
was duly presented and passed and adopted by the Board of Commissioners
of the City of fort Worth at a session of said Board held Saturday
February lst , 1913. —