HomeMy WebLinkAboutOrdinance 165 i
kv,
AN ORDINANCE
assessing a portion of the cost of
improvement On May Street, in the
City of Fort Worth, Texas, between
its intersection with the south line
of Laurel Street and its intersection
with the south line of Terrel Avenue,
against the owners of property abutt-
ing thereon, and their property.
t
BE IT ORDAINED BY THE BOARD OF CCM U SSIONERS
OF THE CITY OF FORT WORTH, THAT
'WHEREAS, on .the � day of 919 /Q
the Board of Commissioners of the said City directed the improv--
ment of May Street between its intersection with the south line
of Laurel Street and its intersection with the south line of Ter-
rell Avenue, by raising, filling, grading and paving the same , and,
WHEREAS, in accordance with baid resolution, specifica-
tions 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:-of the TEXAS BITULITHIC
CCUPANY, a corporation, for the improvement for the said May Street
was accepted by the said Board of Commissioners, and,
WHEREAS, the said TEXAS BITULITHIC CO PANY has entered
into a contract with the City of Fort Worth, as' provtded by the
charter, for the improvement of said street , within the said limits
by raising, grading and filling the same, and by paving the same
with Bitulithic pavement upon a five inch gravel concrete foundation
and,
MREAS, the said Company has executed its bonds to the
City of Fort Worth for the construction thereof, in accordance with
the said contract , and specifications, with such surety as required
b y the said City Charter, which contract and bond, with the surety
thereof, have been duly approved by said Board of Commissioners, and
WHEREAS, 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 Chatter of the
City, which statement was considered by the said Board, cor—
rected and approved, and,
WHEREAS, thereafter the said Board did, by resolution
of date the day of 191„Q, find and declare
the necessity of assessing a portion of the cost of said improve—
ments against the owners of the property abutting 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 edid City to issue notice U the
said hearing by advertisement, as provided by the said 0ity
Charter and also by posting said notiees 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
property owners by publication thereof, for the time and in the
manner prescribed by the City Charter in the Star—Telegram, a
daily paper of general circulation in the city of Fort Porth 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,
ti'VHEREAS, the said hearing, in accordance with the said
resolution and notice, was held by the Board of Commissioners on
21 the day ofL-,:::54� 191J, at nine o 'clock A.N. ,
at which time and i)lac ;g
p
Cla cam
owners of property, appeared to protest the said assessment , and
the benefits of said improvement connected with the improve-
ment of said West Second Street.
NOW, THEREFORE, BE IT FURTHER ORDAINED By THE SAID
BOARD OF COMMISSIONERS AS FOLLOWS, TO-TIT:
1
That the benefits bo 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 the said Board having con-
sidered 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 proportion as the frontage of his property
is to the whole frontage improved, would operate unjustly in
particular, and that the apportionment and assesment hereinafter
made will effect substantial equality and justice between proper-
ty owners, having in view benefits received by and burdens im-
posed upon such owners, and aaid apportionment is hereby adopted.
2
That there is, and shall be, assessed against each of
the owners of property hereinbelow named, and against several
parcels of property of said- owners hereinbelow described, as
their proper pro-rata part of the cost of the said kprovements,
the several sums of money set opposite the names of the said own-
ers and their said property. The names 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 :
w
etty owners against whom and whose properr.y
to be made, and the total amount which is --
proposed to ltesess against nei such t
property owner is as follows, to wit: 1
ravine Awewmer rot'h,a at, From ,.4onh Aroperi� ..me of Terrell Avenue
to South Prop.rcy Lies of Laurel Street.
Square Rate per
Name, Block, Lot and Addition- Frontage. yards. Cost. foot, j
B. B, Paddock, blk. 2, E. % of W. % of
blk 2, Field-Welch Addition.............926.66 1,409.914 $ ;,948.195 $8.5603 r
Board of Trustees, Ind. School Dist. of Fort t
Worth, blk. 2, W. 4 of E. % of blk. 2,
Field-Welch addition ...................376.66 642.414 1,341.089 3.5603 1
Mollie W. Locke, blk. 2, N. 50 ft. of S. 450 ft., {
Field-Welch addition ................... 50 85.277 178.015 8.5603
L. E, Schmidt, blk. ', N. 50 ft, of S. 400 ft.,
Field-Welch additlar ............... 50 85,277 178.015 3.5603
T. J. Heath, bik. ^ 71�. 50 ft, of S. 15n itt., {
Field-Welch a0+11ti,ln ............... ... 50 85.277 178.015 3.5691 '
N. L. Brown, blk. 2, K. 50 ft. of S. 300 It.,
Field-Welch additlop ................... 50 85,277 178.016 3.6603 .
J. R. Rokey and wife, blk. 2. N. 50 ft. of S.
250 it, Field-Welch addition............. 50 85.277 178.015 3.5603 1
M. J. Lewis, bik, 2, X. 50 ft. of S. 200 ft., ,
Field-Welch addition ................... 50 85.277 178.015 3.5603 a
P. J. Bohart, blk. 2. N. 50 ft. of S. 150 It. +
Field-Welch addition ................... 50 85.?,77 178.015 3.5603 +
S. H. Harris, .blk. 2, N. 50 ft. of S. 100 ft.,
Field-Welch addition ................... 50 85.277 178.015 3.5603
A. F. Parker, blk. 2, S. 50 ft. Field-Welch ad. 50 84.305 175.986 3.5197
J. L. Tinsley, blk. A, Its. 1, 2, Farlawn sub. of
blk. 19, Field-Welch addition............116.5 198.686 414.778 3.5603 +
W. J. Boaz, bik. A, It. 3, Farlawn sub, of blk.
19, Field-Welch addition............ 50 85.277 178.015 3.5603
Fay Nelson, bik. A, It. 4, Farlawn sub. of blk.
19, Field-Welch additiow,e .............. 50 85.277 178.015 8.5603
John P. Bllberg• bik:A, It. 5, Farlawn sub. of
blk. 19,Meld-Welch addition............ 50 85.277 178.015 3.56031)
Mrs. Frankie Norton, blit. A, Its. 6, 7, Far- !
law4 sub. of blk. 19, Field-Welch ad.....116.5 198.686 414.778 3.5603
S. Simon, blk. B, it. 6, Farlawn sub. of b>,lk.
19, Field-Welch addition................ 63.8 108.865 227.256 3.5603
W. L. Newborn, blk. B, It. 6, Farlawn sub. of
blk. 19, Field-Welch additlon............ 63.8 108.866 227.256 8.5603
W. C. Horton, bik. B, It. 7, FaYlawn sub, of
blk. 19, Field-Welch addition............. 63.8 108;865 227.256 3,5603
Miss Florence B. Colston, blk. B, It. 8, Far-
larwn sub. of blk. 19, Field-Welch ad..... 63.8 108.865 227.256 3.5603
Mrs. A. Soloman, bik, B, It. 9, Farlawn sub.
of blk. 19,Field-Welch addition....,.... 63.8 108.865 227.256 3.5603
Mrs. A. M. Williams, blk. B, It. 10, Farlawn
sub-of blk, 19, Field-Welch addition.... 63.8 108.865 227.256 3.5603
Eva Pitt& blk. C, Its. 8, 9, Farlawn sub, of
Meld-, on,,......, ....116.5 213.195 445.044 3.8201
Clyde A.' Jack, lilt, tx_ auh. of
blk. 19, Field-Welch tidditton............ 50 81.500 191.004 8:8201
Mrs. Jennie Baker, blk. C.It. 11, Farlawn sub.
of bik. 19. Field-Welch addition......... 50 91.500 191.006 3.8201
Daniel Tubbs, blk. C, It. 12, Farlawn sub: of
bik. 19, Field-Welch addition.....,...... 50 91.500 191.006 3.8201
Arnold G4iertler. bik. C, It, 13, Farlawn sub.
of blk. 19, Field-Welch a"ddition......... 50 91.500 191.006 8.8201
C. A. Kennedy, blk. C. It. 14, Farlawn sub. of
blk. 19, Meld-Welch addition......... .. 66.6 121.695 254.088 3,8201
Mary Munn, blk. D, It. 1, Farlawn sub, of blk.
19, Field-Welch addition................ 66.5 121.695 254.038 3.8201
Calvin Sweeney, blk. D, It. 2, Farlawn sub. of
bik. 19, Field-Welch addition............ 50 91.500 191.006 3.8201
R. L. Parker, blit. D, It. 3, Farlawn sub. of
blk. 19. Field-Welch addition............ 50 91.500 191.006 3.8341
A. Speight, blk. D. Its. 4, 5, Farlawn sub. of
bik. 19, Field-Welch addition............100 183.000 382.012 3.8201
L. A. Fowler, blk. D, Its. 6, 7, Farlawn sub of
blk. 19, Field-Welch addition' ........ 213.195 445.044 3, 01
A. Petsch, blk. 1, Its, 9, 10, Moodie*, Evans
addition .. .100 168.222 351.164 8.5116
I. J.Lewis, blk. 1, It. 11.-Moodie & Evans ad. 50 84.111 175.582 3.5116
Cl. A, Newberg, blk. 1, It. 12, Moodie&Evans
addition 50 84:111 175.582 3,5116
Susan L. Merrifield, blk. 1. It. 13, Moodie &
Evans addition ... 50 84.111 175.582 3.5115
_C. L. Wilspn, blk. 1, It..14, Moodie&Evans ad. 50 84.111 175.582 3.5116
F. M. La Rue, blk. 1, 1t. 15, Moodie & 4vans
addition .............. ............... 50 84.111 175.582 3.5116
J. E. and Carrie Tinsley, blk. 1, It. 16, Moodie
& Evans addition....................... 60 84.111 175.682 3.5116
G, S. Northcutt,blk. 2, It. 9, Moodie & Evans
` addition .. .. .._.... 50 83.611 174.538 3.4907
E. A. And R. A. Stobart, blk. 2, It, 10, Moodie
& Evans addition....................... 50 83.611 174.538 3.4907
Frank E.Drew,bik.2, It. 12, Moodie & Evans
addition . ............................... 40 SM1.1 174,588 3.4907
W. W. Pate, blk. 2, It. 12, Moodie&Evans ad. 50 811.6 174.538 174.538 3.4907
W W. Pate, blk. 2, It. 13, Moodie&Evans ad. 50 83.611 174.538 3.4907
W. W. Pate, blk. 2, It. 14, Moodie&Evans ad. 50 83.611 174.538 3.4907 '
H. M. Bradley, blk. 2. Its. 15, 16, Moodie &
Evans addition .100 167.222 349.076 3.4907
A- J. Roe, estate,,blk. 1, Its, 1, 2, 8, Moodie
subdivision .- ......... ., .150 252.333 526.746 3.5116
._Adline H. Stitt, blk. 1, Its. 4, 5, Moodie sub 100 168.222 351.164 3.5116 4
Mrs. Henrietta Dollin,blk. 1, It. 6, Moodie sub. 50 84.111 175.582 3.5116
Mrs. E. Talbott, blk, 1, It. 7, Moodie sub..... 50 84.111 175,582 3.5116
W, B. Garvey, blk. 1, It. 8, Moodie'sub....... 50 84.111 175:582 3,5116
Emmett Duros and w]M, blk. 1, It. 9, Moodie
subdivision . ....,. ... ,.. -... 50 83.611 14"S 3.4907 ,
W. S. Kemble, blk. 1, It. 1-0, Moodie sub......, 50 83.611 174.538 3.4907
J. H. Filler, blk. 1, It. 11, Moodie sub..,...,., 50 83.611 174.538 3.4907
Carrie Sinclair, blk. 1,'it. 12, Moodie sub..... 50 83.611 174.538 .3.4907
James Edwards, bik. 1, It. 13, Moodie sub.... 50 83.611 174.538 3.4907
J. S. L nham, blk. 1, it, 14, Moodie sub...... 50 83.611 174.538 3.4907 ,
Oscar 1q. Moore, blk. 1, It. 15, Moodie sub.... 50 83.611 174.538 3.4907 r
May Stephenson, bik. L It, 16,.1yfoodie sub,.. 50 83.611 4j4.538- 3.4907 --
Josie B. Wood. blk, Z,1t. 7, Vincent ad........ 50 75.366 157.326 8:1465
J. A. Chilton, blk. 2, 1t. 7; Vincent ad........ 50 75.366 157.326 3.1465
J. P. Tucker, blk.,2, 1t. .8, Vincent ad........ 50 7x.366 157.326 3.1465 p
Josie B. Wood, blk. 2, It. 9, Vincent ad....... 50 75.366 157.326 3.1465
John A. '1'2tompson, blk. 2, It. 10, Vincent ad. 61 91.947 191.939 3.1465
T. M. Brooks, blk. 4, ltd. 11, 12. Patillo's ad..121.6 183.291 382.619 3.1465 1
v + n n 7'1.366 157.326 3.1466 t
-
.k FYench, blk. 4, It. 14, Patillo's ad 50 75.366 19T.-M S.i[6i l
s. B. Wright, blk. 4, R: 15, Patillo's ad...... 50 75.366 157.326 3.1465' -
Thomas.Dillard, blk. 4; It. If,. 1'ALUIp's ad ... 50 75.366 157.326 3.1465
Mrs. C. 1t'. PhtfUp8, hilt. 4, It. 17, Pgttllo's ad. 50 75.366 157.326 3.1465
R. ]r. Durrett,11JUL 4, It. 18, Patillo's'ad...... 50 75.366 157.32& 3.1465 E
Charles Glenke, blk. 4, It, 19, Patillo's ad..... 50 75U66 157.326 3.1465 t
Fred Ropke, blk. 4, It. 20. Patillo's ad........ 50 75.366 157.326 3.1465 c
J. J. Dillon, blk. 3, It. 1,Vincent ad.......... 50 7:5.366 157.326 3.1465 1
J. L. Stephenen, blk. 3. It. 2, Vincent ad...... 50 75.0066 157.326 3.1465 4
N. T. Scarborough, blk. 3, It. 3, Vincent ad... 50 75.366 157.326 3.1465 f
P. J. Bohart, blk. 3, It. 4, Vincent ad......... 50 75.366 157.326 3.1466 t
E. A. ahnd I§. M. Levy, blk. 8, It. 5, Vincent ad. 61 91.947 191.939 3.1465 t
Mary T. McCart, blit. 4, It. 21, Patillo's ad... 50 75.366 157.326 3.1465 4"
Mrs. Lillian Whitehead, blk. 4, It. 22, Patillo's
addition . 50 75.366 157.326 3.1165
W. H. Manchester, blk. 4, It. 23, Patillo's ad. 50 75.366 157.326 3.1465 '
E. J. Thomason, blkIt. 21, Fatillo's ad.... 50 75.366 157.326 3.1465 {
Thomas Daugherty, blk. 4, Its. 25, 26, Patillo's
addition ..100 157.732 314.652 3.1465
Josie B. Wood: blk. 4, It. 27, Patillo's ad....... 50 75.366 157.326 3.14,65.
George R.McMahan,bik. 4,Its. 28, 29, 30, Pa- i
tillo's addition .........................171.6 258.657 539.945 9.1465
Total for property owners............... 10,569.854 $22,064.549
Total for City of jFort Worth............ 1,865.644 3,894.522
Total for Northern Texas Traotion Co... 53.330 111.333
Grand total ........................ 12,488.828 $26,070.404
Third, that the portion of the cost of such improvement which may be p
ec5
e3sed vgaioat suc'i property, owners and their property, respectively, shall
be assessed.lay ordinance of the said Board of Commissioners, passed after_t:1d _1
notice to such property owners, and a hearing to the hereinafter rte:ntioncd, i
and the said amounts when assessed shall constitute a lien against the prop-
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 amount payable by
each owner, and assessed against his or her property, above , shall
be payable as follows, to-wit :
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
t date of thee' said completioeand acceptance at the rate of °'} per
annwu, and if not paid when due the said assessment and claim of
personal liability shall be enforcejither by the- sale of such prop-
erty by the officers 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 if any of the said property owners, against whom
and his property the assessment is hereby made, shall not pay in
w full when due the amount so assessed, then, that the city shall
issue to the said TEXAS BITULITHIC CCMPANY, 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 said work, and shall be payable to the said TEXAS 13ITULITHIC
C01EANY, 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 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 shall
describe ouch property by number and block, or such other deev#p-
tion 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
knownk ,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 not be paid when due, then it shall be collectible
with accrued interest , and with court costs and attorney's fees,
if same have been incurred, and shall recite the proceedings with
reference• to such improvements have been made in compliance with
the terms of said contract 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 perfa ed. Said certifi-
cates shall be executed by the Mayor and attested by the City
Secretary with the corporate seal. Said certificates shall pro-
vide that the same shall be payable to the Tax Gailector 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 certificate, or any independent
contract to pay the same , entered into by the owner thereof, and
shall provide that the Tax Collector shall deposit all sums re-
ceived 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 MAY STREET SPECIAL
CERTIFICATE FUND N0. 1, and that whenever any payment may be
made to the Tax Collector upon such certificate , it shall be his
duty, upon presentation by the said contractor, or the holder
thereof, to endorse said payment thereon, and that the said con-
tractor or holder of such certificate, shall be entitled to re-
ceive from the City Treasurer the amount so paid upon presenta-
tion of the said certificate, credited with the amount paid there-
on, 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 sur-
render of said certificate , when the principal thereof, together
with accrued interest and cost of collection, shall be paid in
full.
Such certificate QuLU also recite that the ity of
Fort North shall not be liable for the payment thereof, or for any
interest thereon, or for the cost of collecting or enforcing dame,
but that the said company, or holder thereof, shall have the right
ij
to collect such certificates as therein provided by the terms of
the Ch4rter of the City of Fort Worth, and that the said City of
Fort Borth uhall, whenever demanded by the said Company, or holder
of said certificates, fully exerdi,se this 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 en-
force the lien thereof.
6
That this ordinance shall take effect from and after
its passage .
I hire}.; cert i I 'that R.ha a' ov* --nd Fore go i-i a ordin-
ance %r, 51 ,
di. nr--son" ed and unanimously pas�se,i
'01, Commtssior,� �rs oaho City o- 7tirt worth FA/1, sssston o`_
safe Board htl(i T .: .,•a:i.;4-. h,=; 1"'th,1910.
rtt or.