HomeMy WebLinkAboutOrdinance 265 . ORM No. 14 •
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AN ORDINANCE.
Assessing a portion of the cost of improvement on Magnol is Avenue Stlt, in the City of Fort
Worth, Texas, between its intersection with the. east line of Oak Grove Street, and
. its intersection with the west line of South Main Street against the owners
of property abutting thereon, and their property.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS, That:
WHEREAS, On the 26th) day of September , 1911 , the Board of Commissioners of
the said City directed the improvement of Magnolia Avenue Street between its intersec-
tion with the east line of Oak Grove Street with its intersection with the west line
of South Main Street, 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 bid were received, opened and considered by the Board of Commissioners, and
the bid of the Texas :• u 't 'c Company, a corporation, for the improvement of the Magnolia
Avenue t, as accepted by said B oard of Commissioners; and,
WHEREAS, T s id Tex.' :itulithic Company has entered into a contract with the City of Fort
Worth, as provide. : • the C•• . •• , for the improvement of said street, within the said limits by rais-
ing, grading, and filling th, . .•••, and by paving the same with Bitulithic pavement upon a five-inch
gravel concrete founda '. ..nd,
WHEREAS, The s. d Compa , •.• executed its bonds to the City of Fort Worth for the construc-
tion and maintenance thereof, i • ce with the said contract, and specifications, with surety as
required by the said City Ch. . which contract and bonds with the surety thereof, have been duly
approved by the said Board . 'ommission' • and,
WHEREAS, Thereafter, the City n•' •• .f said City filed his written statement with the Board
of Commissioners concerning the s d ' . ov' ents, and the cost thereof, as provided by Section 8,
Chapter 14, of the Charter of the i 4 , h'• statement was considered by the Board, corrected and
approved; and,
WHEREAS, Thereafter the said Board d': b esolution of date, the 1 7 day of October ,
1911 , find and declare the necessity of se : ng a portion of the cost of said improvements against
the owners of the property abutting thee-.n, and their . • .erty, and did prescribe a hearing of the said
owners, their attorneys, and agents, and fi e.' a date • • or and did direct the said Secretary of the
said City to issue notice of the said hearing by a. • -ement, as provided by the said City Charter,
40 and also by posting said notices as provided the • rd,
WHEREAS, In accordance with the said -solution, • I ty Secretary did issue a notice of the
said hearing to the said property owners by publication •4 or the time and in the manner pre-
scribed by the City Charter, in The Star-Telegram, . .. • paper of general circulation in the City of
Fort Worth, for five (5) consecutive days prior to '.• aid hearin., . d did also notify the said owners
of the said hearing by posting a copy of the said notice to eac .f e. , at the post office, in the City
of Fort Worth, Texas, more than ten days prior to the date s th- ••ar'ng; and,
WHEREAS, The said hearing in accordance with t e a': r•;.lution and notice was held by the
Board of Commissioners on the 31st day of Oct ob-r , 1 , at 9 o'clock a. m.,
at which time and place none appeared
owners of property, appeared to protest the said assessment, and the benefits of said improvement con-
nected with the improvement of said Magnolia...Av.enu.etmet.
NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to-
wit:
(1) That the benefits to each parcel of property of each owner hereinafter named in the en-
hanced value of said property exceed in each case the amounts hereinafter assessed against such own-
ers and their property, and the 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 be assessed in pro-
portion 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 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
f lows to-wit:
• dasterling lot 9, blk Q, Rosedale Add, 110 front fe._ t 187 sq yds
.J)390. 56. ( T. T. Co. , Map)
rORM 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 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 date of the said completion and accept-
ance at the rate of 8 per cent per annum, 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 man-
ner, as far as applicable, as sales-are authorized, to be made for non-payment of City Taxes as pre-
scribed 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 whose property an 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 Company, the contractor for the said improvement, assignable certificates
against the ownOfrobach
d perty so failing to pay such assessments, and against their said property,
which said certiMe 1 eclare the said sums to be due and payable thirty days after completion
and acceptanceork, an shall be payable to the said Texas Bitulithic Company, and shall state
theamount due p e owner, and hereby assessed against his property, and the rate of
interest thereon, herein e Aeigher cent (8°qo) per annum, and each certificate shall recite and
declare the fact that th ame by a lien against the property of such owner, and personal
liability of the owner, and,shalsuch property by number and block, or such other description
as may identify the same wi other fact recited, and by the name of the owner and
if the owner is not known, or if the p pe y ' owned by an estate, it will be sufficient to so state the
fact.
P Said certificates shall provide a the o t therein declared shall not be paid when due,
then it shall be collectible with accrued inter d with court costs, and reasonable attorney's fees, if
same have been incurred, and shall re it the procee 'ngs with reference to such improvements
have been made in compliance with the ter there a the charter of the City of Fort Worth, and
that all pre-requisites to. the fixing of the lien an perso liability, evidenced by such certificates,
have been performed. Said certificates shall a executed t e Mayor and attested by the City Sec-
retary with the corporate seal. Said certificates shall o ' e at the same shall be payable to the
Tax Collector of the City, who shall issue his receiA or paym hereon, which receipts shall be
evidence of such payment, on any demand for same by virt of 'd certificate, or any independ-
ent contract to pay the same, entered into by the owner the f' shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifi t with t 'ty Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fu�-I-S' reby designated as the_,_
Magnolia A®eII1te CERTIFICATE FUND No..... and tht�vd�ieneveny payment may be made
h
to the Tax Collector upon such certificate, it shall be his duty upon pr n i<�/_ the said contractor,
i
or the holder thereof, to endorse said payment thereon, and that the (Oi(t for or holder of such cer-
tificate, shall be entitled to receive from the City Treasurer the amou o paid upon presentation of
the said certificate, credited with the amount aid 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.
Such certificates shall also recite that the City of Fort Worth shall nof,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 de-
manded 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.
_,&.Xihat this ordinance shall take effect from and after its passage.
orfs c�if., �vcrn��
I hereby certify that the above and fore aoinu nrdinranria
1111011, W11,11111 1,111114 uays area we coxi►piei,iuia01 elle aaiu illlpruvenleill,, iii 1ruM 01 ute property
of each respective owner and acceptance thereof by the said city.
',um► (3) That the said assessment shall bear interest from the date of the said completion and accept-
ance at the rate of 8 per cent per annum, 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 man-
ner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as pre-
scribed 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 whose property an 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 Company, the contractor for the said improvement, assignable certificates
against the owners ofd •perty so failing to pay such assessments, and against their said property,
which said certifi : es 1l 1 eclare the said sums to be due and payable thirty days after completion
and acceptance • gCll 'ork, an• shall be payable to the said Texas Bitulithic Company, and shall state
the amount due fro each p . •• owner, and hereby assessed against his property, and the rate of
interest thereon, herein ' •• t eigh •er cent (8%) per annum, and each certificate shall recite and
declare the fact that the ame is se . •i by a lien against the property of such owner, and personal
liability of the owner, and.shal i• - ib- such property by number and block, or such other description
as may identify the same wi •ference t. . • other fact recited, and by the name of the owner and
if the owner is not known, or if the p •pe• y ' owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide .•a ' the . • o t therein declared shall not be paid when due,
then it shall be collectible with accrued inter, , - d with court costs, and reasonable attorney's fees, if
same have been incurred, and shall re.it: the p rocee.'ngs with reference to such improvements
have been made in compliance with the ter there•` . •. the charter of the City of Fort Worth, and
that all pre-requisites to the fixing of the lien. . , person. liability, evidenced by such certificates,
have been performed. Said certificates shall tie executed . t•e Mayor and attested by the City Sec-
retary with the corporate seal. Said certificates shall . o '•e at the same shall be payable to the
Tax Collector of the City, who shall issue his recei•• •or paymehereon, which receipts shall be
evidence of such payment, on any demand for same by virt of • •..'d certificate, or any independ-
ent contract to pay the same, entered into by the ownerjef' . - • shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifier: with they.'ty Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fund-ds reby designated as the
Magnolia Av. nue CERTIFICATE FUND No. 3 and th‘tyfheneve ny Iayment may be made
to the Tax Collector upon such certificate, it shall be his duty upon pr n i b r the said contractor,
or the holder thereof, to endorse said payment thereon, and that the o t tor r holder of such cer-
tificate, shall be entitled to receive from the City Treasurer the amouo 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.
-,.....' 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 de-
manded 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.
/o77
I hereby certify that the above and fore king ordinance
was duly presented and unanimously passed by the Board of Com-
missioners of th City of Fort Worth at a session of said Board
held Tuesday November 7th, 1911.
/ 10' ......,
/f_I 'I J
Cit; secretary.