HomeMy WebLinkAboutOrdinance 556 J, •
5
ORDINANCE N0 .
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT
OF LILAO STRM FROM THE REST LINE OF COLLEGE
AVENUE TO THE, EAST LINE OF FIFTH AVENUE,
AGAINST THE VINERS OF PROPERTY ABUTTING THMMON
AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMUISSIONERS OF THE CITY OF FORT WORTH, THATt
WHEREAS, on the 23rd day of March 1915, the Board of Commissioners of the said City
directed the improvement of Lilac Street, from the West line of College Avenue t the
East line of pif'th Avenue, by raising, filling, grading and paving the omne, and
WHEREAS, is accordance with said resolution, specifications for said wotk were
duly prepared by the City Engineer, and adopted by the said Board of Commissioners, and
WHEREAS, bids for the said improvement were duly advertised for, as req6ired by
the City Charter, and
WHEREAS. said bids were received, opened and considered by the Board of Com-
minsioners, and the bid of the General Construction eompany,, a corporation, for the
improvement of the said Lila* Street w as adopted b y the Board of Commissioners,
and
WHEREAS, the said General Construction Company has entered into contract with the
City of Fort Worth, as provided by the Charter, for the improvement of said street,
within the said limits, by raising, filling, grading and paving the same with Asphalt
Macadam Pavement, and
WHEREAS, the said Company has executed its bonds to the City of Fort Worth for
constriction and maintenance thereof, in accordance with the said contract and
specifications, with such surety as is required b y the said City Charter, which
contract and bo4ds, with the surety thereof', have bean duly avproved by the said
Board of Commissioners, and
WHEREAS, thereafter the City Engineer of said .0ity.filed his written statement
with the Board of Commissioners concerningthe sai3 im4 ovements, and the costs thereof
as provided by Section $, Chapter 14 of the City Charter, which statement was con-
sidered by the said Board, corrected and approved, and
WHERTAS, thereafter the said Board did by resolution of date, the ?'* day of ✓4w.
MIT , find and declare the necoessity of assessing a portion of the cost of the said
improvements against the owners of property abuttin thereon and their property, and
did prescribe a heating of the said owners, their attorneys and agents, and fixed a
date therefor and did direct the Secretary of said City to issue notice of said
hearing by advertisement, as provided by the City Charter, and also by posting said
notices as provided therein, and
WHEREAS, in accordance with said resolution the said City Secretary did issue
notice of the said hearing to the said property owners by publication thereof, for
the time ind in the manner prescribed by the City Charter, in the Star-Telegram, a
newspar, being a daily paper of general circulation in th-City 6f Fort Worth, for
five ( consecutive days prior to the hearing, and did also notify the said owners
of the said hearing by posting a copy of the said notiso to each of them at the Poet
Office in the City of Fort Worth, Texas, more than ten (10) days prior to the date
ofthe hearing,and
WHEREAS, the said heaving in acoordanse yith the slid resolution and notice, was
held by the board of Commissioners on the?3 day of Ja-m., /fi7 , at 9 of olock A.M.
at which time and place the following owners of property appeared to protest the said
assessment, and the benlfits of said improvements oonnected with the improvement of
the said LILAC STREET, (����IJ► �/ } // /��L
.���-� I.wl,yllk►I I ....� V � �/ s �if �.i �1 �! I�F, ���
NOW, THEREFORE, BE IT FURTHER ORDAINED BY TH^ BOARD OF COMN;,I"SIONWRS, AS
FOLLOWS, TO-WITS
1.
That the benefits to each parcel of property of sash owner hereinafter named, in
the enhanced value of said property, exceed in each case the amounts hereinafter ass-
essed'against such owners and their property. And the said Board of Oommissioners
having considered the evidence and it appearing therefrom that the etriet application
of the front foot rule or plan# whereby each owner is to be assessad in proportion as
the frontage of hisproperty is to the whole f°rortraga ir-,prove.- ,
in patti*tilar, and that the apportionment and assessnient hereinafter made w111 eIy4dt
substantial equality and Justice between property owners, having in view the benefits
received by and burdens imposed upon such owners, and the said apportionment and ass-
essment is hereby adopted.
2.
That there is and shall be, assessed against each owner of property hereinbelow
arced, and against the several parcels of property of the said owners hereinbelow
scribed, as their property pro-rats part of the cost of the s6i.d improvements, the
several sums of money set opposite the names of the said owners and their property. The
names of the said ownerg and description of the property of each, and the total amount
in money hereby ass*sstl'A- +roh one, w d his property, being as follows, tol-wits
.00
I A M B L 0 T ILK. ADDITION FNTG. SQ. TDR. ODST RATE PER
FRONT FT,
No S. Davis Soft of 13&14 6 Lawn Place 100 146,000 189.60 1.8950
Mrs N. I. Tibbetts
& F. We Tibbetts 12 6 ' 30 72.800 94.75 `
Mrs Laura Von Oarlowits
& Man Garlowits 10&11 8 ` 100 145.000 189.50 "
Dr. Maui Russell 8 & 9 6 ' 40.5 58.725 78.75 '
R. L. Garlock &
R. L. Oarlock, Jr- 1 1 Carlook's
So. Site 135 196.760 265.83 '
L. Joe Bates 28 1 ' 136 195.750 285.83 "
Texas Securities Co- So. of
13 a 14 5 Lawn Place 100 145.222 189.74 1.8974
Lawn Place Bons, Co. 12 5 ' 50 ` 3*611 94.87 "
Yrs. S. J. Doyle 11 8 ` $0 72.611 94.87 '
Laura V. Talbott 10 5 ' • 50 75.611 94.87 '
E. S. Mese &
We D. Smith 8 5 ' 50 72.811 94.87 '
E. B. Gone &
Lula J. Kamp 9 5 ' 50 72.811 94.8'! "
a. R. ales 1 2 Oarlock's
So. Side 94.1 136.884 178.55 •
R. L. Garlock 26 2 ` 135 196.080 256.16 `
R. L. Garlock 1 3 " 135 1966000 255.00 1.8889
R. L. Garlock 26 3 ` 135 195.000 255.00 '
R. L. Garlock 1 4 ' 120 173.333 226.66 `
L. V. Talbott,
Mary r,gust,
0. Von Garlowits,
,) Lou Moore 13 & li A Lawn Place 100 144.444 18A.89 '
Laws Place �e 00. 12 4 " 50 72.222 94.44 '
Laura V. Talbott 11 4 ' S0 72.222 94.44 '
V Mrs Laura You Garlowits
& 0. Von Carlowits 809 & 10 4 ` 150 218.661 283.33 `
Total for property owners, - - - - M86.72
Total for City of Fort Worth, - - - 754.12
40312.84
m 9
e;
That the amount set opposite the name of each owner above, and his property, is
hereby assessed agai0st 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 amount payable by each
owner, and assessed against his or her property, above, aljall be payable as follows,
to-wits
Is full within thirty da s after the completion of the improvement in front of
the property of each respective owner and acceptance therof by thmCity.
3.
That the assessment shall beqt interest from the date of the said oompletion and
acceptance at the rate of eight ) per cent per annum, and if not paid when clue, the
said assessment and claim of personal liability stall be enforced& either by the sale
of such property by the officer, and in the runner as far as eP�pplicable, as sales are
authorized to be made for non payment of City Taxes, as presari'bed by the City Charter
and general laws, or by shit to enforce the sa64 claim ofpe"anal linbil.ity, or lien
in Any eoutt having jviriediction.
d.
That if any of the said property ownors, against whom or whose property the as-
sessment is hereby made, shall not pay in Ml 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 sue* assessment,.snd against their said property which said certificates
shall declare the said sums to be due and payable upon oompletLon and acceptance of
the said work. and shall be payable to the said Ge neral Construction0 parry, eppd p
shallstate•the amount due from each property swner and hereb* assested �Qgs�
and the rate of interest thereon, herein fixed at eight (8) per cent per ann , s
each certificate shall recite and declare the fact that the same are secured by a
lien against the property of such owner, adAkhepersonal liability of such owner,
and shall describe such property by number and block, or by such other lesoriptlon
as may identify the same with reference to any other Ract recited, and by the name
of theowner, and if the saner is not known, and if the property isowned by an estate,
it will be sufficient to so state that fact.
Said certificates shall provide that if the amount herein declared shall not be
paid when due, that it shall be eolleet6ble with accrued interest and with court costs
and attorney's fees, if came have been incurred, and shall recite that the proceedings
with reference to such haprovementq have been made in compliance with the terms of the
said Charter of the City of Fort Eorth and thft all prerequisites'Tof tbh fixing of
the liens and personal liabilitt, evidenced by such certificates, have been performed,
Said eertifioates shall be executed by the 1{ayor and attested by the City Secretary
with the corporate seal. Said certificates shall provide that the same shall be pay-
able tp the Tax Collector of thoCityl whp shall issue his rpoeipts for payment thereong
which receipts shall be evidence of such payment on any demand for some by virtue of
the said certificates, or any independent contract to pay the same entered into by the
owner the eof, and shall provide that th4 Tex Collector shall deposit all sums received
by him o1Vsaid 1aertificates with the City Treasurer, and the said Ckt Treasurer shall
keep the same in a separate fund, which fund is hereb�t designated as the the STREET
IMPROVR T FM N0. 1 and that whenever any payment shall bemade to the Tax Collector,
it shall be his duty'tm upon the presentation of the certifitate by the said contractor
of other holder thereof, to endorse said payWent thereon, and that the said contractor
or other holder of such certifioate shall be entitled to receive from thesaid 0itp
Treasurer, the amount at paid, upon the presentation of the slid oartifioate credited
with the exeunt paid thereon, and thtt said endorsement and credit shall be the Treas-
urer's warrant for ming anch payment to the said contractor, and that such ppyment
bk the Treasurer shall be receipted for by the said holder in writing tp the said
Treasurer, or by the surrender of said oertV ioate, when the prim dfpa1 thereof together
with all aiorued intertest hnd cost of oollestiom shall be paid in All.
Said certificate shall akso recite that the City of Bort Morth 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 Contaaetor or holder thereof, shell have Vie rigght
tp collect said aertifioates as therein provided b the terms of the Charter of the City
of Fort Worth, and that the sidd City of bort Worth shall. whenever demanded by the said
Contractor or fielder of certificate, fully exercise its Charter powers to enforce the
lien securing said certificates and oolleot the same# but shall not be liable in any
manner for the failure to so collect or enforce the lien thereof,
That thCrd.inance shall take effect from and after its passage.
I hereby certify that the above and foregoing Ordinance Was duly pre-
sented and unanimously passed and adopted by the Board of Commissioners
of the City of Fort Worth at a session of said Board held Tuesday,
January, 23rd, A D. 1917.
Jil
City Secretary