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HomeMy WebLinkAboutOrdinance 374 � 1 FORM No. 14 Assessing a portion of the cost of improvement onsTI ._ ......_.._ Street,in the City of Fort Worth,Texas, between its intersection with the. ORT$ line of.._RAILR ATK1 and its intersection with the...._$PUM......._line of_._AGMOLIJ.._J9E.1QUE-._. against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the a7th..__............day of_��ril._______, 19_0.9, the Board of Commissioners of the said City directed the improvement of -...$oath Yaia ...........__._-..-._..Street between its intersec- tion with the.AA ._h_...._.1ine of....._RililTOtd.rT ad with its intersection with the.-.,A A......line of_ @i©1 ia.__ venue .y#rat,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, ,..r WHEREAS, Said bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas ul• h Company, a corporation,for the improvement of the_ __...._eitid j..' ti as accepted by said Board of Commissioners;and, WHEREAS, Reams d TexasVitulithic Company has entered into a contract with the City of Fort Worth, as provide the Ceditpk, 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 foundat' d, WHEREAS, The sa' Compan a executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, i cc ce with the said contract, and specifications, with surety as required by the said City Ch er •hick contract and bonds with the surety thereof, have been duly approved by the said Board mmission and, WHEREAS, Thereafter, the City e f said City filed his written statement with the Board of Commissioners concerning the s ' v ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it i . statement was considered by the Board, corrected and approved; and, ,WHEREAS,Thereafter the said Board d' esolution of date,the.._lGtday 19............, find and declare the necessity of es - g a portion of the cost of said improvements against the owners of the property abutting there n, nd their p erty,and did prescribe a hearing of the said owners,their attorneys,and agents, and fi a date er or and did direct the said Secretary of the said City to issue notice of the said hearing by ad rt' ment, as provided by the said City Charter, and also by posting said notices as provided ther ' nd, WHEREAS, In accordance with the said r solution, t '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, ai paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to t e id hearin d did also notify the said owners of the said hearing by posting a copy of the said notice to each , at the post office, in the City of Fort Worth, Texas,more than ten days prior to the date th r g; and, WHEREAS, The said hearing in accordance with t re ution and notice was held by the Board of Commissioners on the_.._.._ls*.......__day of AP.* ...... ............., 19......... ...., at_._�__ o'clock a. m., atwhich time and place ..... .. . ........___._._.....__._......... ................_..........................................._ ......... ....................................._................................................... ...................... ........ .........._...........................--_._........-... ................._.... .... ......._......._..................-. .............................................................................._...._.... _.....__ r..__._........_........._............__.._.... owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected with the improvement of said............._South rain .. 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 property of each owner hereinafter named in the en- hanced value of said property exceed in each case the amounts hereinaftPr ssessed against such own- ers and their property, and the said Board having considered the evidence and it a aring therefrom that the strict application of the front foot rule or plan, whereby each owner is to assessed in pro- portion as the frontage of his property is to the,.,gLiole frontage improved, would o erate unjustly in particular cases and that the apportionment andIassessment hereinafter made will effect substantial equality and justice between property owners, haling 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 rats 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 a of the said owners,and descriptions of the property of each, and the total amount in money herebssessed against each one, and his property, being as follows,to-wit: PAVING ASSESSMENT FOR SOUTH MAIN STREET (D FROM THE NORTH LINE OF RAILROAD AVENUE TO THE SOUTH LINE OF MAGNOLIA AVENUE. Name Lot Blk Addition Frtg Qeet Rate F'er Ft, F.E.Dyous, Est. 91 of 1 N Rosedale 100 $369.09 $3.69 FORM No. 14—Continued That the 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 re- 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. re- (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 sai� 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 ompany, the contractor forte said improvement, assi able certificates ►4P_ or re-ass ``asmens against the owners of d perty so failing to pay sueb/assessments,and against their said property, which said certif' fe�ill eclare the said sums to be due and payable thirty days after completion and acceptance o skid ork, an shall be payable to the said Texas Bitulithic Company,and shall state the amount due fro each re— p pe owner, and hereby assessed against his property, and the rate of interest thereon, herein . e at eig er cent (8%) per annum, and each certificate shall recite and declare the fact that th same is se re by a lien 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 f 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 't 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, See- have been performed. Said certificates shall a executed y t e Mayor and attested by the City Sec- retary with the corporate seal. Said certificates shZlor o ' e at the same shall be payable to the Tax Collector of the City, who shall issue his recei paym hereon, which receipts shall be evidence of such payment, on any demand for same by virt of s 'd certificate, or any independ- ent contract to pay the same, entered into by the owner t 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 fun -is reby designated as the.___.._.— SO. Iia1A $t CERTIFICATE FUND No.1:.,and th t eneve ny ayment 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 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 tle 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. Batt this ordffiance shallitalm.effect from and after its passage. Ordinance No.374 Cont'd. I hereby certify that the above and fore going ordinance was duly presented and unanimousYy passed and adopted by the Board of Commiss- ioners of the City of Fort Worth at a session of said Board held Tuesday April lat,1913. Cit ecretary.