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HomeMy WebLinkAboutOrdinance 375 FORM No. 14 -. AN ORDINANCE. MA Assessing a portion of the cost of improvement on_.....—..__ y.___.._ Street;in the City of Fort Worth,Texas, between its intersection with theA_Q0A.....line of......._TERHELL AVENUE_ , and its intersection with the_!3_Q.UtJ3L__line of__ LAUM - ..._..._—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.__. l� _..day of_ ®h_....___...., 19.. the Board of Commissioners of the said City directed the improvement of __ _ _ .__..____.___.. feet between its intersec- tion with the.-_SQuth,_.,-Jine of......._?grill-AIIMMet with its intersection with the.-SAUth...........line 9f L& _....__.____.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 bi were received, opened and considered by the Board of Commissioners, and the bid of the T7xa�s�tVhCompany, a corporation,for the improvement of the �d............................................... tas accepted by said Board of Commissioners;and, WHEREAS, hes d Tex itulithic Company has entered into a contract with the City of Fort Worth, as provide the ar , for the improvement of said street, within the said limits by rais- ing,grading,and filling tWsa e,and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founds ' n• nd, WHEREAS, The said Co5er� h s executed its bonds to the City of Fort Wortl(for the construc- tion and maintenance thereof, c r ce with the said contract, and specifications, with surety as required by the said City C , which co tract and bonds with the surety thereof, have been duly approved by the said Board dfCbmmissio s and, WHEREAS, Thereafter, the City n r f said City filed his written statement with the Board of Commissioners concerning the s d ' o ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it state ent was considered by the Board, corrected and approved; and, �WHEREAS,Thereafter the said Boaqrd ,b resolution of date,the...._.rJ.. . of.._..A�said Til. 19_.........., find and declare the necessity of se ing a portion of the cost of improvements against the owners of the property abutting there , nd their erty,and did prescribe a hearing of the said owners,their attorneys,and agents,and fi a date a or and did direct the said Secretary of the said City to issue notice of the said hearing by a e ' ement as provided by the said City Charter, and also by posting said notices as provided the in• and, WHEREAS, In accordance with the said resolution, e y Secretary did issue a notice of the said hearing to the said property owners by publication e o , or the time and in the manner pre- scribed by the City Charter, in The Star-Telegram, d . paper of general circulation in the City of Fort Worth,for five (5) consecutive days prior to t aid heari ,a d did also notify the said owners of the said hearing by posting a copy of the said notice to eac of , at the post office, in the City of Fort Worth,Texas, more than ten days prior to the date th g; and, WHEREAS, The said hearing in accordance with t r olution and notice was held by the Board of Commissioners on the—.... !0....__.day of..._VP !... ................. 1 ................. at.__....9 o'clock a, in., atwhich time and place ......................._......_............................_......_..............._._...........................z---.. .................._..-....._............_..........................._...............- _........__.............. ............ ._.......-----------......... ................_ ._..... ... .............. .......................................................................................... _............................._....__...._._._._.._........... -- ____._........._.. _;._._....... __.._......._.__.-......_..........._........_u owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected with the improvement of said...... 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 he,r nafter named in the en- hanced value of said property exceed in each case the amounts hereinafteP ssessed 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 thgd&ole frontage improved, would operate unjustly in particular cases and that the apportionment an dd 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 berassessed 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 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: W.B.Paddock and Mary Yrt Ft. Cost Rate Per Ft. Paddock beginning at the North east Cor of Wj of blk 2 Field 150 $534.06 $3.5603 Welch Addition to the city of Ft Worth, Texas thence So 1501with the west line of lay Street thence west par- allel with Terrell Avenue 751thence north with May Street 1501thence east 751 to point of beginning. Mrs. E.H.Paddock owner Frt Cost Rate Per Ft. and her husband B.B.Paddock joined pro forma beginning 156-2/3 $557.78 13.5603 at a point 40P 150'somth of the N.E. cor of the W� of Blk 2, Field Welch Ad ition to the city of Ft Worth, Tex. same being the S.E. oor of the lot owned by W.B.Paddock thence south with the west line of May St. 156-2/3' thence west with Terrell Avenue 1011thence orth parallel x th May S�. 840thence east arallel with Terrell Ave. 60 t thence north parallel with May St 261thence west parallel with Terrell Ave 60i'thenoe north parallel with May St. 50-2/3 thence aast p#tallel with Terrell Ave 103to point of beginning. Mrs. E.H.Pad3ock owner Frt Cost Rate Per Ft. and her husband B.B.Paddock joined pro forma lot 9 65 $231.42 $3.5603 and apart of Blk 2 Paddock's Sub Divis on Field Welch AdditionUo the city of Ft Worth, Texas. Mrs, E.H Paddock and Frt Cost Rate Per Ft. her huebhnd B.B.Paddock joined pro forma Lot 16 65 $231.42 $3.5603 and a part of Blk 2 Baddockts Sub Division Field Welch Add. to the city of Ft Worth, Texas. FORM No. 74—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- 0 ner, as far as applicable, as aalea are authorized, to be made for nonpayment 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 theTesaid improvement, assignable certificates against the owners of d perty so failing to pay such assessments,and against their said property, which said certifi /e� 1 eclare the said sums to be due and payable thirty days after completion and acceptance o said ork, an shall be payable to the said Texas Bitulithic Company,and shall state � r�— the amount due fro each p e owner, and hereby assessed against his property, and the rate of interest thereon, herein ' e t eigh er cent (8%o) per annum, and each certificate shall recite and declare the fact that th ame is se a by a lien against the property of such owner, and personal liability of the owner, and shaI a 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 ' 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�n 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 a person 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 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 h 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 funs reby designated as the_..-_W— �Y Str�`.�......................_ CERTIFICATE FUND No.____.,and th�,l eneve ny avment may be made to the Tax Collector upon such certificate, it shall be his duty upon pU�M i b the said contractor, or the holder thereof, to endorse said payment thereon, and that thefor or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amopaid 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 secu ng the said certificate, and collect the same, but shall not be liable in any manner for I ailure to so�ollect or enforce the lien thereof. (5) �Wz ce shall take effect from and after its passage. __ 7P Ordinance No.375 eont'd. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort worth at a session of said Board held Tuesday April 8th,1913. City .ecretary. FORT `NORTH, TEXAS, APRIL 8, 1913. To the Honorable Board of Commissioners, City of Fort Worth, Texas: Come now W. B. Paddock and E. H. Paddock, and in re- sponse to the order of this Honorable Board, dated the 19th day of March, 1913) and with reference to the paving of May Street between Terrell Avenue and Laurel 9t., and would with respect shows First. That they are the owners of the property described in said order respectively, and were at the date of daid order, and for many years prior thereto. Second. That the property belonging to E. H. Paddock is her separate estate and her homestead, and the property belonging to W. B. Paddock is his homestead, and was at the date of said order. Third. No contract has been made providing for the paving of May Street in front of gr adjoining the pro- perty of these parties. Fourth. That the condition of said street does not require that same should be paved at this time and did not so require at the date of said order. Fifth. That to change the condition and status of said street by paving the same as described in the order and aaid notice would not materially enhance the value of the property of these parties in the amount stated or in any amount. Sixth. That no necessity ex1its for the assessment for any portion of the cost of improving said street, and such necessity did not exist at the date of said order and notice. Seventh. That said parties, nor either of them, have at any time been given any notice, nor hate they been otherwise assessed or given any hearing with reference to such improvements, if any have been installed or placed on May Street adjoining their property respectively, and if such work has been done same has been done without their knowledge or consent. Wherefore these parties respectively protest the entering of the proposed order or assessment against them or either of them as against their respective properties, (2) - -pray this Honorable Board that they shall be dismissed under the terms and conditions Of the said order served upon them. . B. PADDOCK, E. H. PADDOCK.