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HomeMy WebLinkAboutOrdinance 158 40, # /IS?? AN ORDINANCE assessing a portion of the cost of improvement on Eighth Avenue , in the City of Fort Worth, Texas, between its intersection with the south line of Cooper Street and its intersection with the south line of Ve erbee Street, against the owners of property abutting thereon, and their property. 0 BE IT ORDAINED BY THE BOARD OF COMMISSIO'aFRS OF THE CITY OF FORT i"ORTH, THAT: WHEREAS, on the day of ,19 the Board of Commissioners of said City directed the improveEent of Eighth Avenue between its intersection with the south line of Cooper Street and its intersection with the south line of V'etherbee Street, by raising, filling, grading, and paving the same , and, WHEREAS , in accordance with said resolution, specifications for sa.:+_id work were duly prepared by the City Engineer, and adopted by said Board of Comrissi overs , and, WHEREAS, bids for said improvement were duly ad— vertised for, as required by the City Charter, and, WHEREAS, said bids were received, opened and consider— ed by the Board of Commissioners, and the bid of the TEXAS BITULITHIC COMPANY, a corporation, for the improvement for the said Eighth Avenue, was accepted by the said Board of Commiss;on— ers, and, 1 HERE AS, the said TEXAS BI TULI THIO C O 'PANY has entered into a contract with the City of Fort Worth, as proviied by the charter, for the improvement of the said street, within V the said limits, by raising, grading, and filling the same, and by paving the saile with Bitulithic pavement upon a five inch gravel concrete foundation, and, WHEREAS, the said company has executed its bonds to the City of Fort VTorth 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 Commissioners, and, HEMAS, thereafter the City Engineer of said city filed his written statement with the Board of Commission— ers concerning the said improvements, and the cost thereof , as provided by Section 8, Chapter 14, of the Charter of the said city, which stater.ent was considered by the said Board, corrected and approved, and, WREAS, thereafter the said Board did, by res— olutior of date, the day of 19 find and declare the necessity of assessing a portion of the cost of said iMrroverents against the owners of property abutting thereon, and their property, and did prescribe a hear— ing of the said owners, their attorneys, and a c,ents, 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 notices as therein provided, and, WHEREAS, in accordance with the said resolution, the said City Secretary did issue a notice of the said hearing to the said property owners by rublication thereof, for the time and in :he mannor 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 oners 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 Eorth, Texas, more than ten days prior to the date of the hearing: and, WHEREAS, tie said hearing, in accordance with the said reolution and notice, -as 'held by the Board of Commis— sioners on the day of at nine o 'clock A.l. . , at which time and place, no owners of property, appeared to protest the said assessment, and the benefits of said it proverent connected with the improvement of the said Eight Avenue. NOW, THEREFORE Br IT FURTHER ORDAINED BY THE SAID BOARD OF COMISS IO TERS AS FOLLOV!S, TO—VIT: 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 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 whereby each owner is to he 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 —3— Justice betweenproperty o�-.�ners, havino. in view benefits received by and burdens irrposed upon such o:°niers, 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 ir:troverLents, the several sums of money set opposite the names of the said owners and their said property. The nan es of the said owners, and descrij tions of the property of each, and the total amount in money hereby assessed again,;t each one, and his property, being as fo17 ows, to—wit: 'r-=' I Square Rate per Name, Block, Lot and Addition- Frontage. yards. Cost. foot. H. M. Morrow, blk. 9, It. 1, Grandview 125.4 164.353 $ 343.096 $2.7360 G. T. Fraser, blk. 9, It. 20, Grandview 140 167.099 348.819 2.4915 I. W. Stephens, blk. 9, lt. 20, Dissell tract 100 136.802 285.574 2.8557 Clay Johnson, It. 19, Dissell tract 100 105.005 219.197 2.1919 H. L. Hull, It. 18, Dissell tract 100 135.690 283.252 2.8325 J. N. Brooker, lt. 17, Dissell tract 100 151.843 316.972 3.1261 T. D. Andrews, It. 16, Dissell tract 100 149.755 312.613 3.1201 John M. Vincent, It. 15, Dissell tract 100 149.700 812.613 3.1261 David Sellars. It. 14, Dlssel,l tract 90 134.780 281.353 8.1261 E.4 F. Ligon, It. 13, Dissell tract 85 . 127.292 2;;7.722 3.1261 E. Redeker, It. 12, Dissell tract 90 134.780 281.353 8.1261 . M. Durrett, It. 11, Dissell tract 90 140.534 293.364 8.2596 R. L. Carlock, It. 10, Dissell tract 90 1.43.000 298.512 3.3167 W. H. Grove, Its. 7, 8, 9, Dissell tract 120252 400.400 835.835 3.3167 190.666 398.016 3.3167 E. J. Broad, It. 15, Hislop Cheek sub J. H. Hislop, It. 16, Hislop Cheek sub 120 190.668 398.016 3.3167 W. G. Newby, blk. 2, It. 1, W. G. Newby 134 212.911 444.452 3.3167 Frank Lanham, hilt. 2, It. 21, W. G. Newby134 200.693 418.946 3.1264 'W. G. Newby, blk. 3, It. 1, IV. G. Newby 150 339.333 708.357 4.72'n T. P. Wilkes, N. 117 ft. of It. 11, Jack Steel's117 264.680 552.519 4.7225 Walter B. Scott, mid. 100 feet of It. 11, Jack Steel's addition 100 226,222 472.238 4.7223 Mrs. Jeff McLean, S. 100 ft. of It. 11, Jack Steel's addition 100 226.222 472.288 4.7223 Geo. W. Armstrong, blk. 1, It. 9, Enderly Park100 226.222 472.238 4.7223 Geo. W. Armstrong, blk. 1, It. 10, Enderly Park. 78 176.453 368.345 4.7223 Ben J. Tiller, blk. 1, It. 11, Enderly Park 135 305.400 637.622 4.7223 W. P. McLean, Jr., blk. 2, It. 8, Enderly Park157 430.825 899.347 5.7283 J. S. Todd. blk. 2, It. 9, Enderly Park 70 192.087 400.981 5.7283 J. B. Daniels, blk. 2. It. 10, Enderly Park 70 192.087 400.981 5.7283 A. J. Fires. blk. 2, It. 11, Enderly Park 70 192.087 400.981 5.7283 Henry G. Scudder, blk. 2, It. 12, Enderly Park125 289.961 605.278 4.8421 Max K. Mayer, It. 45, Southland sub 160 254.222 53U.688 3.3167 Hurley & Creagan. blk. 2, Its. 1-8, J. N. Brook- er's -subdivision 400 635.552 1,326.712 3.3167 Hurley & Creagan, blk. 3, Its. 1-8, J. N. Brook- er's subdivision 400 636.552 1,326.712 3.3167 All Saints' hospital, blk. A, Its. 1, 2, Nyes sub100 226.222 472.238 4.7223 J. W. Williams, blk. A, Its, 3, 4, 6, Nyes sub150 339.333 708.357 4.7223 Carl Heinlein, blk. A, It. 8, Nyes sub 60 113.111 236.119 4.7223 Robt. C. Combs, blk. A, Its.'7, 8, Nyes sub 100 226.222 472.238 4.7223 0. K. Shannon, blk. F, It. 1, N. 20 ft. of It. 2, Nyes subdivision 70 158.355 330.566 4.7223 W. A. Patterson, blk. F, S. 30 ft. of It. 2. and N. 70 113.111 236.119 4.7223 20 ft. of It. 3. ryes sub R. B. Bishop and G. W. Birchfield, blk. F, It. 4 1, and N. 10 ft. of It. 5 and S. 30 ft. of It. 3, 90 203.600 425.015 4.7223 Nyes subdivision Emmitt R. Connor, blk. F, S. 40 ft. of It. 5, and I;. N. 30 ft. of it. 6, Nyes subdivision 70 158.355 330.566 4.7223 ;, G. W. Birchfield, blk. F, It. 7 and S. 20 ft. of It6, Nyes subdivision 70 158.355 330.566 4.722:3 it. B. Young, blk. 9, It. 6, Lloyds addition 60 137.205 265.413 -0,72.S1 J. 13. Daniels. blk. 9, Its. 4, 0.-Lluz'ds ad �"100 i4 416 6.7283 u..._ A...1._48.114611w1,-171X-17-ii. 1, Stewarts ad ' 3, S. Pittenger, blk. 1. It. 2, Stewarts ad 50 137.205 286.415 5.7283 W. C. Stripling, blk. 1, It. 3, Stewarts ad 50 1.37.205 286.415 5.7283 Mrs. Jno. F. Terrio, blk. 1, It. 4, Stewarts ad50 1.37.205 286.415 6.7283 Henry G. Scudder, blk. 1, It. 5, Stewarts ad60 137.205 286.415 6.7283 J. M. Reagan. blk. 1, It. 6, Stewarts ad 50 137.205 286.415 6.7283 C. G. Hess, blk. 1, Its. 1. 2, Fairmount 33 5 131.951 275.448 5.0059 J. S. Francisco, blk. 1, Its, 3, 4, 5, Fairmount75 165.416 346.306 4.6040 Total for property owners 10,861.795 $22.653.608 Total for city of Fort Worth 1,666.931 3,479.703 Total for Northern Texas Traction Co.... 3.705.026 7,734.242 Grand total 16,223.752 $18,867.453 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 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 owner, and assessed against his or her property, above , shall be payable as foll.T s , to—wit: In full, within thirty days after the completion of the said improvement , in front of the property of each resrective owner and acceptance thereof by the saidcity. 3. That the said assessment shall bear interest from the date of the said cors.pletion and acceptance at the rate of 8e per a-i.nnun , and if not paid Then due the said assessment and claim of personal liability shall be enforces' 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 nnn—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. 4. That if any of the said property owners, against —5— 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 TEXAS BITULITHIC COM ANY, the contractor for the said improvement, assignable certifi— cates against the owners of said property, (ys o failing to pay sucy assessments, and against their siad property) which said certificates shall declare the said sums to be due and payable upon the cornpleteion and acceptance of the said work, and shall be payable to the said TEXAS BITIITHIC COrPANY, 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 annutii, and each certificate shall recite and declare the fact that the sire 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 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 fact. Said certificate shall provide that if the amount herein declared shall no+ be paid when due, that it shall he collectable with accrued interest, and with Court costs and at'torney's fees, if save have been incurred, and shall recite that the proceedings with refereence to sucy inprovement have been made in compliance with the terms of the s _id contract —6— 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 Mayor 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 sane by virtue of the said certificate, or any independent contract to pay the same, entered into by the owner thereof, and still provide that the Tax Collector shall de??osit all sums received by him on said certificates with tb.e City Treasurer and the said City Treasurer shall keep the sane in a separate fund, which fund is hereby designated as the EIGHTH AVENUE SPECIAL CERTIFICATE FUND N0.1, and that whenever any payment shall be made to the Tax Collector upon such certificate, it shall be his duty upon preset:tation by the said contractor, or the holder theroof, to endorse said patent thereon, and that the said contractor or holder of such certificate, shall he entitled to receive from the said City Treasurer the amount so paid upon the presentation of the said certificate, credited with the Rrotmnt Tait thereon, and that said endorsement and credits shall be the treasurer' s warrant for making such payment to the said contractor, and that ouch a payment by the treasurer shall also be receipted for by the said holder in writing to the —7— said treasurer, or by the surrender of said certificate, when the principal thereof, to f,ether with accrued interest and cost of collection, shall be paid ir, full . Such certificate shall also recite that the City of Fort VTorth shall not be liable for the payment thereof, .or for any i nterest 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 Qharter of the City of Fort V`orth, and that the said City of Fort TR'orth. shall, Thenever demanded by the said company,or holder of said certificate, fully exercise this Charter power to enforce the lien securing said certificate , and collect the saz.e, 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 passa:e . I hereby certify thRt the above and fore p;oin_J ordinRnce war duly preBented and unanimously passed by the Bos.rd of Comm— issioners of the City of Fort, Worth at a session of said Board held Tuesday May 3rd,1910 . / I/� City eoretary.