HomeMy WebLinkAboutOrdinance 1159 1
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FORM No.14..�cwau
AN ORDIN CE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON..._ .Ate.......... --
.......
---------
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.-S-outh
LINE OF. CENTRAL'041M _ _., AND ITS INTERSECTION WITH THE.I.o-rth..-._--.
LINE OF.....,.._..._.....G, '1?;;t1�:...............__............., AGAINST THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL-
WAYS AND THEIR PROPERTY.CITY COU-14GIL
BE IT ORDAINED BY THE S OF THE CITY OF FORT WORTH,
TEXAS, That: ;
WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of
-- ------- ._ ... _......................._................between its intersection with the..._SQuth - ....line of....MMTI.iAi...._....
AIZI ..................with its intersection with the 4q th............Jine of-.A .._&�................_-............, 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 Charter;
and,
WHEREAS,Said bids were received,opened and considered by the Board of Commissioners,and the
bid QOnAtr.Wat.14ld,...C4mmy................_.................... for the improvement of the said portion of
said Street,was accepted by said Board of Commissioners; and,
WHEREAS, The said.11sat.._T� .:_S.Qn&irk.4.bion.-Compat.1Y...............has entered into a contract with
the City of Fort Worth, as provided by the gharter,for the improvement of said street,within the said
limits by raising, grading, and filling the same and by paving the same with....__..._....-............lbo ........................... _
.. .P.—AA ................-.......................pavement with...._CQ=.ota.....- .................foundation; and,
.WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and maintenance thereof,in accordance with the said contract,and specifications,with surety as re-
quired by the said City Charter,which contract and bonds with the surety thereof, have been duly ap-
proved by the said Board of Commissioners;and, City Council
WHEREAS,Thereafter,the City Engineer of said City filed his written statement with the]3
s concerning the said improvements,and the cost thereof, as provided by� 7[p-
tmtkd,vi the Charter of the City,which statement was considered by the Board,corrected and approved;
and, Council
WHEREAS, Thereafter the said Bear did, by resolution find and declare the necessity of assess-
ing a portion of the cost of said improvements against the owners of the property abutting thereon,and
owners of street and steam railways 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 advertisement, as provided by the said City Charter, and also
by posting said notices as provided therein; and,
WHEREAS, In accordance with the said resolution,the City Secretary did issue a notice of the said
hearing to the said owners and all interested parties by publication thereof,for the time and in the man-
ner prescribed by the City Charter, in-.....Thp Fort'llorth.Record Tom.
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,
WHEREAS, The said hearing in accordance with the said resolution and'notice wj lheld by the
Board cd rs on the......L7.tkt....day of._.....AMS.........................0 190...._,941.60........o�A c ..,Tl._...._M.,
at which ti and lace..... . . ._ __ ........ .....
2. .. .. ..
... .- .. ..............
_ ..... ..... ......................"... .... ....... ... .� � .._....._....._. ....
- .. �' __ _:... ..........- ...............................
owners, appeared to protest the said assessment and the benefits of said improvement connected with
the improvement of said portion of said street. City Courtsil
NOW, THEREFORE, Be it further adjudged and ordained by the said ,
as follows, to-wit:
(1) That the benefits to each parcel abutting property of each owner hereinafter named by the
enhanced value of said property exceeh case the amounts hereinafter assessed against such
1
owners and their property,and the said awing 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 propor-
tion as the frontage of his property is to the whole frontage improved, would operate unjustly in par-
ticular 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 imposed upon
such owners,and said apportionment is hereby adopted.
(2) That there is,and shall be,assessed against each of the owners of abutting property hereinbe-
low 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 Assessment for DENVER AVL09 from the South line of
Central Avenue to the North line of Grand Avenue - Fort Worth,
oMact rear e : 30 Price Bid.
Contraotort'Pest TeXas Const.064 Pavement, per sq.yd. ------�3�18
Pavement:2"Warrenite-Bitulithic.Curb, per linear foot --- .45
Gutter, por sq.ft. -------- .2%
For Combined Curb and Gutter, per linear foot ------------- 1.00.
For Earth Excavation, per cubic yard -------------_-----4-- 190'
For Rock ExcavAtgn, pgr .cubits pard ----------------------- 29
TE_ PETOTAL
N A M 140TR T ON FNT G FAIT. 111 COST
o z'
J. M. Orton 6 65 Ft. Worth 135' $6.14426 $829.48
J.D.Carr & Ruth Carr 1 65 h 501 " 307.21
S.L.Wagley estate, &
all unknown heirs of
S.L.Wagley(deceased)- 8 65 " 501 " 307.21
S.L.Wagley estate, &
all unknown heirs of
S.L.Wagley(deceased)- 9 65 " 50t " 307.21
G. L. Oldham 10 65 h 501 " 307.21
J. E. Grandstaff 11 65 " 501 " 307.21
J.D.Payne & Jim Moore
& Lila Moore ------- 12 65 " 501 " 307.21
J. C. Peterman 13 65 " 501 " 307.21
J. W. Bowan & Maude
Bynum Bowen -------- 14 65 " 501 " 307.21
J. W. Bowen & Maude
Bynum Bowen -------- 15 65 " 501 " 307.21
0. L. Messick 17 65 " 501 " 307.21
J.D.Sayere & Louise
H. Sayers ---------- 16 65 " 501 " 307.21
F. F. McGee 18 65 " 501 " 307.21
G. W. Pressley 19 65 a 501 " 307121
W. A. Boorman 20 65 " 501 " 307.21
F. E. Carney 22 72 " 601 " 36$.66
E. E. Carner►ss.K�.4„z 21 72 " 501 " 307.21
J.E.Thompson & M.L.
Thompson ----------- 20 73 " 501 " 307.21
C. 0. Long 1 19 72 " 501 " 307.21
0. 'M. Howard & Betsy
Wiley Howard ------- 18 72 " 501 " 307.21
Isabel Willia.m4widow)17 72 " 501 " 307.21
D. S. Williams }6„72 " 501 " 307.21
Minnie Hayes(widow)- 1-5k, 72 " 501 " 3070-21
J.M.Walthall & S.L.
Wagley estate, & all
unknown heirs of S.L,
Wagley(deceased) - W.701 of
Lots 12-13,N.W.
cor.14,being 301X701
14 72 " 1401 " 860.20
J.M. Orton & S.L.
Wagley estate, & all
unknown heirs of S.L.
Wagley(deceased)-South 201 of
14 72 " 201 " 122.69
E.J.Roberts & Tom
Roberts & Lavenia
Roberts ------------ 11 71 " 60'
W.M.Hill estate, & all
the unknown heirs of
W.M.Hill(decease d) C.L.
Heck,Josie Heck, R.N.
Hill,V.-Huggins & Carrie
Hugggins ------------ 10 71 " 501 " 307.21
J.M.Bea.sley & Inez
Beasley ------------ 9 71 " 501 " 307.21
A.S.Potter&M.E.Potter 8 71 " 501 " 307.21
R.Ray Ritchie and
E. Bigbee. ---------- 7 71 " 501 " 307.21
B. Windham 6 71 " 501 " 307.21
E.V.Cathey & J.W.King 5 71 " 501 " 307.21
Neal D. Rogers &
Gullet& Rogers ----- 4 71 " 501 " 307.21
y r
FOPM 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 three equal installments, one payable within 30 days after the date of completion of said work
and its acceptance by the City, one within one year, and one within two years from said date of ac-
ceptance, provided that said owners shall have the right to discharge any installment before maturity
by payment thereof with accrued interest. That default in the payment of any installment of principal
or interest upon said assessments when due as herein provided shall, at the option of said contractor,
or other legal owner and holder of said assessments,at once mature the whole amount thereof,both prin-
cipal and interest,which shall at once become collectible without notice.
(3) That the said assessments shall bear interest from the date of the said completion and accept-
ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessments
and claims of personal liability 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-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 the City shall issue to the said contractor, for the said improvement assignable certifi-
cate against the owners of said property, and against their said property, which said certificates shall
declare the said sums to be due and payable in installments as herein provided after completion and
acceptance of said work, and shall be payable to the said contractor, 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 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 personal liability of the owner,and
shall describe such property by number and block, or 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,or
if the property is owned by an estate,it will be sufficient to so state the fact.
Said certificates shall provide that if the amount therein declared or any installment of principal or
interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with
accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite the proceedings with reference to such improvements as have been made in compliance
with the terms thereof and the Charter of the City of Fort Worth, and that all prereq*iaikes-t&the
fixing of the liens and personal liability, evidenced by such certificates,have been performed. Said certif-
icates 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 Collector of the City,who shall issue
his receipt for payment thereon, which 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 owner of
property therein described, 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___.------- _A .............................................
CERTIFICATE FUND No------------_-------------------- and that whenever any payment may be made to the Tax
Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder
thereof, to endorse said payment thereon, and the contractor or holder of such certificate, 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 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. That said certificates may be issued,with coupons thereto attached evidencing the several
installments of principal and interest thereof, which coupons shall be executed and attested by the
Mayor and City Secretary as are said certificates under the-terms hereof-bit the signatures of said
Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or
printed thereon. Upon payment of any installment evidenced by a coupon,such coupon shall be credited
, - by the City Tax Collector and surrendered to the City Treasurer as herein provided.
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
demanded 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.
+ 6
4
To The Honorable City Council of the City of Fort Worth, Texas:-
Now comes J. M. Orton, the owner of Lot No. Six (6) in Block No.
Sixty-five (65) of the North Fort `North Addition to the City of Fort
Worth, Texas, and hereby protests the raising, filling, grading and
paving of Denver Avenue, between Central Avenue and South Grand Avenue,
suxh paving being , ith 3" Warrenite Bitulithic pavement in accordance
. resolution passed by your Honorable Body on the 24th day of April,
1923, and the contract entered into between the City of Fort 'Worth,
acting through you and the lest Texas Construction Company, at an
estimated cost of 41979.25 and of which, X829,48 has been assessed
against this contestant.
Contestant's reason for protesting this action is that the
assessment made against him and said lot is far in excess of the
benefits, if arV, that will accrue to him or to the value of said
lot. Said lot lies lengthwise wiyh said Denver Avenue for a dis-
tance of 135 feet while its depth extending back f rom s aid Avenue is
only fifty feet and also faces Oakwood Cembtery, thereby detracting
from its desirability and value.
Said Avenue is sufficiently graded to meet the present needs of
the property owners and residents adjacent to said avenue and the
general public.
The total vdlue of contestant's lot No. 6 in block No, 65,
North Fort Worth, including the improvements on same does not now
exceed the sum of $1200.00. Should said Avenue be paved in accor-
dance with the plans and specifications suggested by your Honorable
Body, said lot and Improvements would not be worth on the open market,
to exceed the sum of 11500.00, thereby damaging this contestant in the
stun of at least $529.48, and probably more.
Mh.erefore, this contestant respectfully protests the letting
of said contract.
Attorney for J. :.=, Orton,
Jasper, T e x a s ,
y 4�
Pada - DENVER AVENUE Assessment.
'-� RATE PIK TOTAf
I3 A M E LOT BL,C, ADI`IPTCN FNTNG, FNT. FT. COST
Will Tackott estate,
& Cel3ste M.Tackett
(wido:s) & all u?iin:owtn
heirs of Will Tackett North
(docoased) - 3 71 Ft. Worth 501 $6.14426 $30''.�U
W. J. F'ibbett 2 71 ^ 50' " 307.21
J.J.;luiholland & N.A.
Mulholland 1 71 " 60' " 368.66
R.E,Rnbbins & Emmie
Lou Robbins 20 66 " 50l " 307.21
R.E.Rubbine & Emmie
Lou Robbins 21 66 " 50l " 307.21
S. G. Jones 22 66 " 50' " 307.21
Mrs.L.L.Smith(widow)23 68 " 501 " 307.21
Annie F.Smith "
& E. D. Ward 24 68 " 50' " 307.21
Annie F. Smith
(widow) 25 66 " 50Y " 307.21
Luella Gertrude
Smith Daniels, C. 0.
Daniels 26 66 " 501 " 307. 1
F.. J. Patton 27 68 " 501 " 307. 1
R. S. Phillips 28 66 " 50l " 307. 1
Robert M. Polk 29 86 " 50' " 307. 1
Robert M. Polk 30 68 " 501 " 307.21
Robert M. Polk 31 66 " 50l " 307.21
D. S. Paden 32 66 " 501 " 307.21
W, T. Hast 1 86 " 1711 " 1.0§0.87
T 1! .�.•IT 1
TOTAL DUST TO THE FROI>ZRTY OM= - - - - - - - - - - $170179.25,
T3'T�L COST TO TKE 13171 OF FQP. i7C-R"?I. _ - _. .. - 13.._S��r'`Js{��"
TOTAL COST OF THS: IMPROVEMENT - - - - - - - ••- - - - - X19,179.25
1?Vl: .kt r, t.r/' '"P..dlaa .-� ,_ r ... ' �/•ye�-�.
T0TAL CQ-T CI' .K'-P
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