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HomeMy WebLinkAboutOrdinance 656 I. FORM No. 14 - L AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.......BALT.I.HQM.._AVE_--MMZW, IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE-MU.. LINE OF_......F-VAU-__AUNLIE............._......... AND ITS INTERSECTION WITH THE Neat.._ LINE 4F-11-126 ISS.I.PP-1_.AVIRUE._...... FftA.GAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the_._....-...l-S.ttL..........day of.....E.elruRr y._..., 191-_9.., the Board of Commissioners of the said City directed the improvement of-....Arls _a_AY? ' ."*moi[betweenits intersec- tion with of.......Evans....SIt_E=e._ t With its intersection with the.....Wj8j 'l___line ofX1DJ.j.19Afjlpi_AYe._..MS t, 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 Char- ter; and, WHEREAS, Said s ere received, opened and considered by the Board of Commissioners, and the bid of the Texa itjt is Company, a corporation, for the improvement of the said portion of said Street, was ce t y said Board of Commissioners; and, WHEREA s i Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b he Ch e , for the improvement of said street, within the said limits by rais- ing, grading, and fil ing the a , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundatnd, WHEREAS, The Company ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in c a ce with the said contract, and specifications, with surety as required by the said City Cha r hi contract and bonds with the surety thereof, have been duly approved by the said Board ine ; and, WHEREAS, Thereafter, he City gi a of said City filed his written statement with the Board of Commissioners concerning the sa' i e ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, WFIEREAS, Thereafter the sai rd did y solution of date, the.- . 1 day—_. 1____........_.... 191..1, find and declare the necessity of as s' a portion of the cost of said improvements against the owners of the property abutting the n nd owner of street and steam railways thereon and their property and did prescribe a hearin the sai ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se ary o said City to issue notice of the said hearing by advertisement, as provided by the said City er, an also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, a 't Secretary did issue a notice of the said hearing to the said owners by publication they r e time and in the manner prescribed by the City Charter, in......... Qr..t---- . ...... ..............a dail aper of general circulation in the City of Fort Worth, for five (5) consecutive days pri to the s ring, and did also notify the said owners of the said hearing by posting a copy of the said notice them, at the post office, in the City of Fort Worth, Texas, more than ten days prior to th a o t earing; and, WHEREAS, The said hearing in accordance with the olutio d notice was held by the Board of Commissioners on the......I h........_....-day of.......May.....................- 1. .........at-1—.-o'clock......A-jL-,X, at which time and place ...........(. ' 'L" -- ;% � {�- -------------------------------------------------------------------------..........------.._....---------------t---------...------------------------------------------_-------------------- .........................._-.................--------------- ---------- owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: (1) That the benefits to each parcel of abutting 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 the said Board having considered the evidence and it appearing there- from that 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 to the whole frontage improved, would operate unjustly in particular 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 im- posed 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 hereinbelow 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: Contract Awarded: March l6th-~1919. Pavex-mt �t'��iit� Contractor: Texas Bitulittic Co. price: x2.47 per April• 25-1919. , PAVIYG T ASSt_ESS'YE117 VOR BALTI:'OAE AVE. �y ' LIQyAKS` AVE.MPsVE,'-, T L11M ,. serp E. CD SQA YDS. Q3 ST OF SQ. FT. COST OF QI .YDS. ST OF AL RATE PER T N A M E LOT I IOH PAVE-=T P VE''=� m ^y�ave EXCAVA. Cng-r F 13T FT W.c. James 30 26 yOWB DF s 50 Q.111 &15a_Y44 loo, C-20.00 14. . 042 , 10.531 ��. 476 03.6294 HYDE PARK W.C.CJ Meyer 29 26 50 6 .:111 1 .944 100. 20,0o l4.o42 10.531 191..476 " E.R.- " 50 61:111 10.944 100. 20.oc 14.o42 10. 531 181.4 6 " Arnold Peters 27 26 50 61.111 150.944 100. 20 .00 14.042 10.531 181..416 " Hyde Park Land Co. & A.J. Borders 26 26 " 5o 61.111 150.944 10o. 20.00 14.042 10.531 181.4 6 " W.J. McAuley 25 26 ^ 50 61.111 150.944 100. M .00 14.042 30.531 191.476 " Ella if. Jones (fame sole) 24 26 50 61.111 15o.944 100.. 20.00 14.ol2 10.5531 191.476 'ro.R. S ears 23 26 ^ 50 61--3-11 15c.944 io°. 2o,oo 14.o42 10.531 181..47 6 " .L.M, Whitsatt 22 26 " 50 61.111 150.944 100. 21~-00 '-14.o42 10.531 181.476 " C.K. Situp soon 21 26 " 50 61.111 150.944 100. 20.-00 14.042 10.531 181.476 " Mrs. R.H. Crayton 20 26 " 50 61.111 150.944 100. m .00 14.042 10.531 181.476 " Ben H. Lomas 19 26 " 50 61.111 15(7.944 loo. 20.0C -i4-o42 10.533 181.476 " J.2. Small 18 26 3o 61.111 150.944 loo. 20#oo 3.4.042 14.531 181.476 " A.L. Hawkes & wife, Pauline Hawkes 17 26 " 50 61,111 150:944 - lix. ao.oG 14.o42 10.531 181.476 " W.A.Bilderblok & wife Emma Bilderba.ck 1t 26 " 50 61.111 150.944- loo. 2C.00 14.042 10.531 181.476 " J.H. Hudson 36 39 50 61.111 15o.944 100. 20.oc 14.042 10.531 181.476 " J.H. Hudeo n 3 39 a 50 01.111 150.944 100. 20.00 14.042 10.531 181.476 " Annie Christians n 3 39 " 50 61.111 15.0.944 100. 20.00 14.o42 10.531 181..476 " Hyde Park Land Co. 33 39 " 5o 61.111 150.944 Soo. 20.co 14.o42 1o.531 181.476 " Hyde Park Land Co. 2 3g 50 6z.I11 15o..944 loo. 2o.o0 14.0'-2 io.531 181.476 �► J.D. Gardner -3111 39 ^ 50 61.111 150,944 100. 20.00 14.042 1x.,531 181.476 ^ Hyde Park Land Co. 30 39 " 50 61.111 150.944 i0C. 20.00 14.042 10.531 181.476 " Hyde Park Laud Co. 29 39 " 50 61,111 150.944 10o. 20.00 14.042 10.531 181.476 " Hyde Park Land Co. 28 3 ^ 50 61.111 150.944 loo. 20.00 14.042 10.531 181.476 " Baltimore Ave. (Evans to . isa.) Page t So. YDS. COST OF . SQ. FT, _COST OF CU. YDS. COST OF TOTAL , RATE PE►4. N A K E LOT BLX. ADDITIO' Fw'TS. PAVI; STT PAS, T ;T ��:mT G'A'TT EXCAVA. 'XCAVA. COST �', rT. SOUTUA?; I u Hyde Park Land Co.. 27 39 5J OF 5c 61.111 0115o.944 100 �2o.00 14.042 x,10.531 w191.476 43.6294 HYDE PAF Hyde Park Land Co. 26 39 " 3o 61.111 150.944 loo 20.00 14.042 10.531 1$1.476 " Hyde Park Land Co. 2 39 ^ 3o 61.111 150.944 100 20.00 14.042 10.331 1$1.476 " Hyde Park Land Co. 39 ^ 50 61.111 150.944 1CC 20.00 14-042 10.531 181-476 " Hyde Park Lard Co. 23 39 " 3o 61.111 150.94 lo^ 2l .CO 14.042 1C+-•531 1 .4 " Hyde Park Land Co. 22 39 A 5G 61.111 150.9+4 loo 20.00 14.042 •1V.531 69176 Hyde Park Lard Co. 21 39 R 5C 61.111 13o.944 100 2o.oc 14.02 10.331 161.x+76 " Hyde Para Lwid Co. 20 39 ^ 5C 61.111 15C.9t4 100 x .CO 14.c42 10.531 181.476 " Hy4e Park L and C o. & W.S. Hale 19 39 ^ 50 61.111 150.944 100 20.CC 14.G•'- 10.931 161.476 Hyde Park Land Co. & C.D. "'all.er 18 32 " 50 61.111 150.944 100 m .o0 14.042 10.531 161-476 J.R. McGehee 1 39 ^ 61.111 150.944 100 2^.00 14.042 1C. 31 161.476 " C.D. Waller 1� 36 " 61.111 150.944 loo c0.00 14.042 1C. 31 191.476 " Hyde Park Laa d Co. & F.A. Thomas 15 36 " 50 61.111 150.944 100 20.00 14.o42 10.331 1&.47 6 8yda Park Land Co. & " F.A. Thomas 14 38 ^ 50 ,_63..111 150.944 100 20 .00 14.042 10.531 191.476 " Mrs.mar A.Owens (Widow] 13 36 p 50 61.111 150.944 100 2C .00 14.042 10.531 igl.4766 a J.B. Rob-rt so n 12 3g 50 61.111 150.9;+4 10C 2G .oC 14.042 10.531 18 Hyde Park Lao d Co. it 3g ^ 50 61.111 150 914 100 20.00 14.042 10.531 161.476 " Hyde Park Land Co. & J, C. Brashaar 10 39 5C .61.111 15o.944 100 20.00 14.042 1C.531 161.476 " Hyde Park Laad Co. & t J.C. Brashear 9 3 ^ 5o 61.111 15C.944 100 20.0v 14.042 10.531 1$1.476 " Hyde Park Land Co. & Ub G. Bowles 9 39 ^ 50 61.111 150.944 100 20.00 14.042 10.531 191 '+76 " Hyde Park Land Co. & U.G. Bowl e e 7 39 " 50 61.111 150.944 100 2G.CO 14.o42 10-531 lgl.476 " Hyde Park Lea d Co. & 4 Q. Waller 6 38 ^ 5o 61#7:11 15o.944 100 20.00 14.042 10.531 161.476 " Baltimore Ave. (Evans to l:Uss. ) l SQ.YDS. OST OF S^.. FT. OST 0 ' YDS. OST OF TOTAL E PER N A 11 F. LOT 81R. ADDITION FI?TG. PAVy._E-17 2L. T PAVE= -T GT-ITER GUTTER EXCAVA. EXCAVA. COST Fi?T.. FT. .� SOUT'r 11"D 1 S 1-.arry Stephenson 5 39 SUB OF 50 61.11-1 15Q.944 loo.-Q. .11,2o.co 2-.042 010.331 $Mi.' 76 03.629 4 HYDE PARK *` Hyde Park Land Co. ..L. Dees 4 35 " 5o 61.111 150.944 loo-.o 2G.00 14.042 10.731 151.47 " J.O. Lain 3 38 " 5o 61.111 150.944 100,0 20.00 14.042 10.531 197..476 a r-yde Park Land Co: G.0. Gorman 2 35 " 5o 61.111 150.944 loc.O 20.00 U.o42 10. 531 151.476 " Hyde Park Land Co. & G.0. Go== 1 35 " 5o 61.111 150. 944 loo.o -20.00 14.042 10.531 151.476 " Chas. H. MoOl urg 1 27 " 5o 61.111 150.9+4 X00.0 20.oG 14.042 10.531 151.476 " Chas McClurg 14 27 5o 61.111 150.9 100.0 20.00- 3.4.042 10.531. 151.476 n J.H. Iverew n 13 27 5o 61.111 150.944 10c.-0 20.00 14.042 10.X31 181.476 J.W. Ferrell 12 27 r 5o 61.111 15c.944 100.0 20.Cc 14.042 10.531 181.476 " John E. Thomas 11 27 3o 61.111 150.944 100.0 MOO 14.042 10.531 151.476 John E. Thomas 10 27 5c 61.111 150.944 ico x 20.00 14.-42 10.531 181.476 n John E. Thomas 27 " 5o 61.111 150. 944 100.o 2D .00 14,c42 10.531 181.476 J.H.'M. Smith 27 " 50 61.111 150.944 100.0 20.00 14.042 10.331 181.476 " t " 50 61.111 150.944 100.0 20.00 14.042 10.531. 191-476 " k J.J. .J .i Col Coleman 27 " 50 61.111 150.944 10o.0 20.co 14.042 10-531 181.476 J.S. Briganoe 5 27 " 50 61.111 150.944 100.0 X.Oc 14.042 1v. 531 151.-�76 J.T. Fl etcher 4 27 " 50 61.111 150.944 100.0 20,o0 14.042 10.531 181.476 " A.A. Bradshaw 3 27 " 50 61.111 150.944 100.0 20.00 14.042 10.531. lei.4-7 W.J. icAuley 2 27 R 50 61.111 150. 941+ 100.0 x .c0 14.042 10.731 181.476 W.J. McAuley 1 27 " 5o 61.111 150-944 100.^0 20.o0 14.o42 10.53; 151.476 "`Y • TOTAL FOR PROPERTY Or LRS--------------4G ,� o . TOTAL FOR CITY OF FORT WORTH --•--- .5 777• -3a-097"'*" 21.097 64.222 68.162 .12 893•G7 ,. GRA2M TOTAL------------- ;A2,9870 3 0,740.03 01354.22 3 4746.20 Note. Excess excavation above finished grade will be paid for by City at the rate of 750 per cubic yard, separate from this Asse-ssment. • FORM NO. 14 COMTINUtM e 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 instalments, one payable within 30 days after the date of completion of said work and its acceeptance 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 instalment before maturity by payment thereof with accrued interest. That default in the payment of any instalment of principal or interest upon said assessments when due as herein provided shall, at the option of said Texas Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole amount thereof, both principal and interest, which shall at once become collectible without notice. (3) That the said assessments $hall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum, payyable annually, and if not paid when due the said assessment and claim 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 'Texas Bitulithic Company, the contractor for the said improvement, assignable certificates,against the owners of said property, and against their said prop- erty, which said certific a shall declare the said sums to be due and payable in instalments as herein provided after com a d acceptance of said work, and shall be payable to the said Texas Bitulithic Company, and s 1 tit e amount due from each property owner,' and hereby assessed against his property, and a interest thereon, herein fixed at eight per cent (89,o) per annum, and each cer- tificate shall red an declare fact that the same is secured by a lien against the property of such owner, and personal liabili he owner, and shall describe such property, by number and block, or such other description y idethe same with reference to any other fact recited,' and by the name of the owner an " the owner is of known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall p i hat if th mount therein declared or any instalment of principal or in- terest thereof shall not be pa" when due h the whole amount thereof shall be collectible with accrued interest, and with court cpsts, and r96soYLfi 9W attorney's fees, if same have been incurred, and shall recite the proceedings with refere a ch " provements have been made in compliance with the terms thereof and the charter of the Ci F WortW, and that all pre-requisites to the fixing of the liens and gersonai linbiiity, evidenced by ch cert" ca s, have been performed. Said certificates shall be executed by the Nayor and attested by th it ecretary.with the corporate seal. Said certificates shall provide that the same shall be payable to ax �1111ect of the City, who shall issue his receipts for payment thereon, which receipts shall be vi enc � u payment, on any demand for same by virtue of the said certificate, or any independent contrpay he same, entered into by the owner of property therein described, and shall providet�a he Tax o ector shall deposit all sums received by him on said certificates with the City Treasurer and th sa" ity Treasurer shall keep the same in a separate fund, which fund is hereby designated as a ............. .31..t.iM_Qx_e____Am.anue_....................................... CERTIFICATE FUND No._]._..-_.., and that whenev r y payme ay be made to the Tax Collector upon such certificate, it shall be his duty on presentation id contractor, or the holder thereof, to endorse said payment thereon, and the con ac o or older of such certificate, shall be entitled to receive from the City Treasurer the a o o aid upon presentation of the said certificate, credited with the amount paid thereon, and a aid e r ment and credits shall be the Treasurer's warrant for making such payment to the aid co a or, and that such a payment by the Treasurer shall also be receipted for by the said holder " ing to a said Treasurer, or by the surrender of said certificate, when the principal thereof, toge er wit c e interest and cost of collection, shall be paid in full. That said certificates may be issued, w" n thereto attached evi- dencing the several instalments of principal and interest thereof, w c pons shall be executed and attested by the Mayor and City Secretary as are said certificates un r t terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may"e 'facsimile signatures stamped, engraved or__printed thereon. Upon payment of any instalment 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 bolder thereof, shall have the right to collect such certificates as therein provided by the term$-V'the Charter of the City of Fort Worth, and that the said City of Fort Worth shall, whenever demanded by the ssd 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 t6 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 foregoing Ordinance was duly resented and unanimously passed and adopted by .tne Board of Commission- ApQoa. as t , of the City of Fort Worth at a regular sere- n of said oaxd held Tuesday ?Say 13th, A. D. -�-� ---�� 1719. Cor oration Counsel. Asst Cit� arry.