HomeMy WebLinkAboutOrdinance 277 ti
Ir7FbRM No. 14 1 + y
Ordinance No.277
AN ORDINANCA.
Assessing a portion of the cost of improvement on_.._4-8.1r.....P..st.B.t..... MI th_Street,in the City of Fort
Worth,Texas, between its intersection with the.__..Aa_kild.._line of_._..1AM__ Street, and
its intersection with the.. :: .................. line of AAAzU _..__.._._..__. _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..... .4..._..... day of..,.,. P. ..................... 19_11, the Board of Commissioners of
the said City directed the improvement of Neg _Pair._.. th....._.y...._.._.__Street between its intersec-
tion with the...._40._..........line of..._._13 �_.__.___. Street with its intersection with the_..._?![l.Q.#'----_.line
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 uJih c Company, a corporation,for the improvement of the_.._� _.... _.
Peter Smith ti t, as accepted by said Board of Commissioners;and,
WHEREAS, �s 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 t sa e, and by paving the same with Bitulithic pavement upon a five-inch
gravel concrete founda . n• nd,
WHEREAS, The s d Compa a executed its bonds to the City of Fort Wort for the construc-
tion and maintenance thereof, i c ce with the said contract, and specifications, with surety as
required by the said City Ch e•, which contract and bonds with the surety thereof, have been duly
approved by the said Board ommissio s and,
WHEREAS, Thereafter, the CityWif said City filed his written statement with the Board
of Commissioners concerning the s ents, and the cost thereof, as provided by Section 8,
Chapter 14,of the Charter of the ite ent was considered by the Board, corrected and
approved; and,
YVvHEREAS,Thereafter the said Board d' ,b esolution of date,the.as....._.day of..._NOT9g0W.............
19.11.11.., find and declare the necessity of se ng a portion of the cost of said improvements against
the owners of the property abutting there n, nd their property,and did prescribe a hearing of the said
owners,their attorneys,and agents, and fi a date eyRfor and did direct the said Secretary of the
said City to issue notice of the said hearing by a ertVement, as provided by the said City Charter,
and also by posting said notices as provided the n nd,
'WHEREAS, In accordance with the said r solution, a ty Secretary did issue a notice of the
said hearing to the said property owners by publication a 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 aid hearin , d did also notify the said owners
of the said hearing by posting a copy of the said notice to ea c f 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 olution and notice was held by the
Board of Commissioners on the.....__ 4j_.._day of..._D110P r'. ___._., 1 ......... ......I at_.g .. o'clock a. in.,
atwhich time and place -- ..........._............._......._.__....._..__.........................................__- ------ -.........._....._........-_......................................................
owners of property,appeared to protest the said assessment, and the benefits of said improvement con-
nected with the improvement of said .._NO. t.....P..e:UX....Smith....................Street.
M' NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to-
wit: F
(1) That the benefits to each phreel 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 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 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
follows,to-wit:
PAVII70 ASSESSMENT FOR WEST PETER SMITH
STREET] FROM THE ES.ST PROPERTY LINE OF LAKE ;STREET
TO THE W. PROPERTY LINE OF ADAYS STREET.
.. . ... . .. .. .
t?AMEN LOT BLOCK ADDITI.ON FNTG. COST.
FT.
RATE.
... . ... .... .. . . . ... . .. .. . . .. . .. .... .. ... . . ....
Bette Sub. of�
E.C.Pendery I9 & 20 3I Jennings South I00 $294.57 $2.9457
Garnett B.Kane I5 & I6 32 " " I00 394.57 "
Bacon Saunders 4 3I " " I38 4I8,03 3.0292
Est. J•no. D. Kane 9 & 1- 42 " " 290 559.88 2.9457
A.J. Long II 42 " " I90 575.55 3.0292
C.D. Reimers-8. j of 3 32 " " 20r 500.53 2.5026
Ed. H. Lyeaght—S. } of 4 32 " " 204 528.05 2.5885
J.J. Ballard—W. I40' of
N. 50' of 2 4' " " I40 350.37 2.5026
L.Oehen E. 501 of
N. I00, 2 41 " " 50 I25.I3 "
H.E. Cett i Est. N. I00 14I " " I94 502.17 2. 5885
TOTAL FOR PROPERTY OWNERS . .. .. .. .. . . . . .. . ..4,I48.65
TOTAL FOR CITY OF FORT WORTF.. . ... . .. . . . . . 462.29
GRAND TOTAL t4,6IO,94
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FORM No. 14—Continued , t
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 thereoi�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 own4:froeahr.,"
d erty so failing to pay such assessments,and against their said property,
which said certi Z1 eclare the said sums to be due and payable thirty days after completion
and acceptanceok, an shall be payable to the said Texas Bitulithic Company,and shall state
the amount due e owner, and hereby assessed against his property, and the rate of
interest thereon, herein e t eigh er cent (8O7o) per annum, and each certificate shall recite and
declare the fact that th ame is Ee, re by alien against the property of such owner, and personal
liability of the owner, and shal ib such property by number and block, or such other description
as may identify the same wi nce to other fact recited, and by the name of the owner and
if the owner is not known, or if the rithe
owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide ou t therein declared shall not be paid when due,
then it shall be collectible with accrued inter d with court costs, and reasonable attorneys fees, if
same have Jam incurred, and shall re 't 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 executed t e Mayor and attested by the City See
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 payme hereon, which receipts shall be
evidence of such payment, on any demand for same by virt of�i -91 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 teae,with t y Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fund,49 reby designated as the....._ 9 t
P.1l.1;.0s....8mith_............_.......... CERTIFICATE FUND No.L_,and thi�t ienever. ny ayment may be made
to the Tax Collector upod such certificate, it shall be his duty upon pre iqn baV 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 amo(u:- 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.
v 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.
Y
Ordinance No.277 Cont'd.
I hereby certify that the above and fore going ordinance was
duly presented and unanimously passed by the Board of Commisslontyls
of the City of Fort Worth at a session of said Board held Tuesday Dec-
ember 12th,1911.
C *y retary.
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