HomeMy WebLinkAboutOrdinance 365 A
S ti
FORM No. 14
�.,,� A ORDINANCE.
Assessing a portion of the cost of improvement on__...T.ERR.ELI.....AQE$IIE..........Stse in the City of Fort
Worth,Texas, between its intersection with the.-.eaSt.....-Rine of_....E4.81.Ae!....,A4S=.G.........� and
its intersection with the ....._....I!6st..__.....line,pf _I.._ ..._ !w_.._ ........RY_....:.._....._.1ttrM against the owners
of property abutting thereon, and their property.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS, That: ,,��••�� a�
WHEREAS, On the _,Zv. day of G ...., 19.1.1._, the Board of Commissioners of
the said City directed the improvement of ...........T$HRELL....,A,.UNIIF__............._-.street between its intersec-
tion with the.._eaet.__...._ line Mft& with its intersection with the_] AS1_..._......_line
of................I....&._G....._It..._RY 94 *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 " uu Company, a corporation,for the improvement of the TERREI�L
AVENUE............................ ......... as accepted by said Board of Commissioners;and,
WHEREAS, Pts d Texa itulithic Company has entered into a contract with the City of Fort
Worth, as provide the C r , for the improvement of said street, within the said limits by rais-
ing, grading, and filling th a , and by paving the same with Bitulithic pavement upon a five-inch
gravel concrete founda ' • nd,
WHEREAS, The s d Compan a executed its bonds to the City of Fort Worth for the construc-
tion and maintenance thereof, i c ce with the said contract, and specifications, with surety as
required by the said City Clh e which contract and bonds with the surety thereof, have been duly
approved by the said Boardommission s and,
WHEREAS, Thereafter, the City n e f said City filed his written statement with the Board
of Commissioners concerning the s " i v ents, and the cost thereof, as provided by Section 8,
Chapter 14, of the Charter of the it statement was considered by the Board, corrected and
WHEREAS, Thereafter the said Board d" esolution of date, the. .- day of. . .._. .. .. ...GCharrter,
191.A., find and declare the necessity of a ng a portion of the cost of said i ovemen
the owners of the property abutting there n, nd their p erty, and did prescrib a earing o
owners, their attorneys, and agents, and fi a date er or and did direct the s d Secreta
said City to issue notice of the said hearing by a rt' 2_ent, as provided by t said City
and also by posting said notices as provided the n• nd,
WHEREAS, In accordance with the said r solution, ty Secretary did issue a notice of the
said hearing to the said property owners by publication er or the time and in the manner pre-
scribed by the City Charter, in The Star-Telegram, a' paper of general circulation in the City of
Fort Worth, for five (5) consecutive days prior to t e aid hearin d did also notify the said owners
of the said hearing by posting a copy of the said notice to eac e , at the post office, in the City
of Fort Worth, Texas, more than ten days prior to the date th ar g; and,
WHEREAS, The said hearing in accordance with t . r ution and notice was held by the
Board of Commissioners on the...._...1?..th.i......day of.....Feh%. 1 . . ...... at..$......... o'clock a. m.,
at which time and place H.P.Cash J.M.McManus Mrs.TJ. x'i t Horse Improvement
.............. .................................................x.............------.............. ......... ..............�. ..................�.......---......--.---------............
CompanYBy Edd: .Cbllett Pres, J. Oliver Wright , Ty , Mrs. M. J.
McNa*ar-a, -Mrs.W. J. Wende rb-arn-; -D- C. Roward B.w...................
Grab m.,-C........Rudi.s.il.l.,.J.......H........Chr.istlan,....-Porbez&Te-as..,....An d.....Gn.,....�OA..�............
Ilseng,Pres ,O.R.Anderson by A.G.Ilseng Agt ,J. M. Ab Brown White J. d.
aurket.t....By...F:....D.......Hill ..Aft ;F�....7 .......Hil.l..1...-C.6..-..Yd'1�.....Fewe1� .. ........... ..: ....I b.— P , ......... .......
Rodge-ra-i-...A ..Pet-s-eh-j....M ..s:...Hat.t..te....G•fVlna-ugh.i.....e. P ..... 'armsn Hy.....lettt.er-i.........................................
owners of property, appeared to protest_ the said assessment, and the benefits of said improvement con-
nected TERRELL AVENUE
netted with the improvement of said ......................................__...._...---_....._......_............_.._A
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 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:
JA''UA Y 10th-1913.
PA'71111 r ASSESS: 1 ''OR AITUI ••LB, rip C&
:231..P.z. 0?' .7NAir i 3kjr- ,TO P.L. 01 �: G i? t1�.
1aT A 1.- E � L 0 T �. ADDI'il0 r wIi,TG..YSCS,.YD3__ CO ST _ p xZ_72
r
live. J. !:.cXmmnra-9 a 10 5 AL"ORD " .MIA.L 103 91..556 .«191.12 ,xl.8550
W.W. *enleborn 1 " 2 '-cAnulty ec 'es-
bitt' a aut of
}31k. 2-I;n�.na So. 100 88.889 18"'. 50 N
Sqm Carbona 3 u n n u 50 73,611 103 .65 3.0930
�i Cly Z,Qw� i i s A n n n n 50 102.116 214.55 1.2',10
lui$S Jeesie Doaz 5 „ rr �� �� 50 102.7`78 214.55 "
'y,(A Tranthan 6 n u " u 50 1C2<. `778 214. 55 "
P.R.. r..; N.J. Rol;ere 7 n n n u 50 102. 778 2:1.4.55 it
d L4 Gilnaugh 8 If It of it 48 98.667 P.05. 97 of
GSD. Hollings north 9 u 10 " " " " 100 20r ,656 42 '.10 "
R<S• 3rRrrett 11 of of n u 50 102-778 214. 55 of
%74J. Boaz 12 u of n u 50 102. x,18 214.55 11
1.P. B7urton 13 " to of if 50 102.,'i'78214,55 It
H:U. _Iitbore 14 e u « n 50 102.778 2:1.4.55 of
dog Clea"`
15 50 102. '1`78 214.55 of
K . A-e, Rzp. Ch. Trust es.
30. 100' of- 2 w � L.';I Stephens Ai .
" 106 2.05.556 429.10 "
F H. Vaughn 3 To It 50 9.02.1778 214.55 "
Joinnie Crume 4 " " 50- 102, 778 214. 55 "
G'eo. D. Kaith 5 " of 50 102.778 21.4.55 "
Jno. 11. Plu:i)b 5 " " 50 102.778 214. 55 "
if*'J. :Blr?ok 7 1° " 50 102 . 778 214,55 "
L 'F. Dwi ins 8 " " 50 102.'7'78 214.55 ,1
cg r
A. .Petech -.0 of rr 50 102.778 214.55 ,1
. Winans 10 1, n '.fit? 103,7' At 11
1'4rbeee � Teas -1 to 6 Inc1.u.FORbIMS TEAS
SM OF Z.MI,Y 300 564.000 11'7'7. 35 3.9245
C: Fewell-W.250 ' of
1,1,,1341 of Blk. 2 ZABRIS11I 250 470.000 981.12 "
L;O. Isbell-j. 50 ' of W.
1$41 of blocic--------- 2 of 50 94 000 196.23 "
D 'O. Willi,-ma- Lot 6 1 W00:IT.i+PLF S 55 103, 400 215.85 "
J.'S. 'Christian- 4 w 5 1 it 110 206.800 4?1,69 "
J:.L. Tyler 7/10 Acre of L. i.:oore Survey 150 28 ,000 ,k88. E7 "
T,,1?. Hill 3 2 lXC0s l2,ML1S 50 94 .000 196„23 "
4 #Alie 7.'Wen tworth-
ugeJ� tech 1 w 2 2 if 100 188.000 392.45 ofChurc 0 t e
Hely Yams-UT 1001 of 1T.1741 of L-Rocre Our. 160 300.800 621.92 If
A6aciewy of St. E. 200 of W. 360'
Ignatius "Pprochial of A 174' of L.
S chool Koore Sur,rey.. 200 576.000 `784. 90 Is
Trustees of the
l:4;-'`-Ave.Bap .Ch.-E. 501 of W..410' of t'Ze IT.
of L. Koore :urvey 50 94-000 196.23of
Pery.rl Robins-E. 501 of W.4601 of N..-TT '
of L•lioore Survey- 50 94 ,000 196.23 It
Lena Arnold-:1. 50' ofW. 510' of 1.174 '
of L. Ko-ore Survey- 50 94.000 196.23 "
Purl. Robins- `..;.1001 otW,610-x' of 5.1741
of L. Woore Survey- 100 188.000 392.45 "
F.H. Vaughn-;.501 of ':7.660.11 of Y.F.1741 of
L. toore Survey- 50 94,000 196.23 "
Jim Lyone-E.103-k 1 ofW.7641 of 9% 1741 of
L. Moore urvey- 105-x- 194.580 406 ,19 "
",7m. Kilgore-E.501 of W1.8141 of 11,1741 of
L. Y:ooea Survey-- 50 94.000 196.23 "
J.W.Draughon Lot 11 L.H. Stephens Add 50 102. 778 214. 55 4. 2910
N A E L 0 T 'B:LK. ADDITION Z"aG. S�J.YDS. COST RATE4
J. Olivar aright -E , 5C' of. W.864 ' of
of L. E;:oora Surrey 5094. 00[ v196.235,3,925
,` Fannie 8. Jright- E.50, of il. 914 ' of
- iT. 174of L. i;oore .survey 50 94.0}0 196 .23 "
a kro.T.Y. Wright- E. 1.06-9' of E of
. 174 ' of L. 'oore Survey 1C°5 1991 gOl 417.31 'r
x,T.14. j;"-eDonalA- E.75 ' of ;T.11 .35.3' cf
1f. 174 ' of L. ..core Survey 75 141.000 294. 34 "
ire. Jennie Rudisill-.Lot 1- U.I,.Ligon.' s Sub. of
Lots 7-8 u 9-Vic.::ery 50 94, 000 196&23 "
Rohr•.P. Rudisill- Lot 2- (Same " ) 50 94 .600 1:.'6 23 "
L „mmilton, 3 '► " 50 876 , 333 1 1:;.96 3.4792
H.D. Harrington 4 " " 50 83 .373 1113. 915 "
r L. -o:;onnell 5 " " 50 83. 333 1173.96 11T.:1b Abbutt C.IU
Pittimm- 6-7 150 250. 000 521.89 If
Andanna Lanni Co.- 9 1110 " " 100 1.66 .66'7 344 , 92 ►'
O. :. Anderson 11 " '" 50 83 333 1173. 96 "
lurg . ;'rim ie Carroll- 1 w
'•
J. Y of 2 •1 VIM.Mff 75 125.000 260. 94 "
J.4. Shields- All of 3 u
E. of 2 1 " 75 125.000 26C : 94 "
7i.r. Cush 4 1 n 65 108.333 226, 15 "
C .0. wa,rman 13 3 1L::CCt?_FJ O L 50 8? .333 1'"';. 96 If
Jades .Edson 14 3 " 50 83. 3 1"3. 96 it
d'.•F3,. Curby=',-- - - - - - 15 3 " 50 8 3,3 3 3 17'1 , 96 "
J.H. 1~itzgera,li 17 3- " 50 83.333 1:'3 96 "
Gussie C. Rawson 18 3 " 50 83. 333 1"%3. 96 "
H0140 I.',P. Co. - 19. 3 " 50 83. 333 1173, 96 If
C .A. CArroll 20 3 " 50 83. `73 7173 .96 "
Ho.lie liapr .. Co.- 21 3 if 50 83.333 1Y% 96 "
Ralph Carroll 1 2 2 VIC."313HY 100 166. 6617 341. 92 "
J.i . ..`:..anus 3 " 4 2 If 79 131.667 274.85 "
' TOTAL FOR :[PROPER VY 0 r ---------
9,618. 989
YTOLT R u T :,.MAS `211ACIT. CO.------ 1,"!6'!. 600
3, 662. 35
CITU O1 FORT "IO,"TH------- --_--- 1,204,400
2 r14•19
GRA:TD TOTAL---------- 11, 98`7.389
�25, C23.73
FORM No. 14—Continued l
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 Aompany, the contractor for the said improvement, assignable certificates
against the owners of d perty so failing to pay such assessments, and against their said property,
which said certif' e 1 eclare the said sums to be due and payable thirty days after completion
and acceptance ork, an shall be payable to the said Texas Bitulithic Company, and shall state
the amount due fro eachA�at
owner, and hereby assessed against his property, and the rate of
interest thereon, herein ' er cent (87o) per annum, and each certificate shall recite and
declare the fact that th same is se re by alien against the property of such owner, and personal
liability of the owner, and sha a ib such property by number and block, or such other description
as may identify the same wi eference t other fact recited, and by the name of the owner and
if the owner is not known, or if the p owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide the o t therein declared shall not be paid when due,
then it shall be collectible with accrued inte d with court costs, and reasonable attorney's fees, if
same have been incurred, and shall re it the proce '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 lie a perso liability, evidenced by such certificates,
have been performed. Said certificates shall a executed t 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 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 shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifi t with t y Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fun s reby designated as
aFtRE..................................................A vE1�UE CERTIFICATE FUND No. l._., and th t eneve ny yment may be made
to the Tax Collector upon such certificate, it shall be his duty upon pr n i the said contractor,
or the holder thereof, to endorse said payment thereon, and that the o 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 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.
Ordinance No.365 cont'd.
I hereby certify that the above and fore going ordinance was duly
presented and unanimously passed and adopted by the Board of Commissiones
of the City of Fort Worth at a session of said Board held Tuesday
February 18th,1913.
Catecretary,
n