HomeMy WebLinkAboutOrdinance 183 ORD IFAI1 C E TIO.
AIT ORDINJUTCE
assessirg a portion of the cost of
improvement on Railroad =venue from
the east property line of Jennings
Avenue to the west property line of
South Main Street, tmd from the east
property line oP South ISain Street '.;o
the east pftperty line of�Jone9 -street,
a r*ai na t the o,,rn a rs of abutting
thereon, and- their property.
e
BE IT ORDAI31M) BY THE BOARD OF C01177ISSIOITERS OF
THE CITY OF FORT +7l'1R TH, THAT:
711BREAS, on the first day of June, 1910, the Board
of Commissioners of aid City directed the improvemmAt of
Railroad Avenue front the east property line of Jennings
Avenue to the '=est property line of :3outh 2'- in ,tre •t and
from the oast property line of south Main Street to the east
property line of Jones Street, by raising, filling, grading
and paving the same, and,
WHEREAS, in accordance with said resolution,
s ecifieations for said mrk were duly prepared by the City
Engineer, and adopted by said Board of Commissioners, and, -
;3'rIF, AS, bids for said improvement were duly ad-
vertised for, as required by the City Charter, and,
7HEREAS, said bids were received., Qgenod and con-
sidered by the Board of Commissioners, andthe bid of the
General Supply & Construction Conpany, a eor,,oration, for the
improvement es# the said Railroad Avenue , was accepted by the
said Board of Commissioners, and,
MIRREAS, the said General Supply & Construction Co .,
has entered into a contract with the City of Fort T'orth, as
provided by the charter, for the i provenent of the said street,
within the said limits, by raising, grading, and filling the
same, and by paving the same i th Vitri f led, Brief pavement
upon a five inch gravel concrete foundation, and,
MEREAS, the said cotrpany has executed its bords
to the City of Fort 1',lorth for the contraction thereof, in
accordance with the said contract, and specifications, - ith
such surety as required by the sni d City Charter, •,rhich con-
tract and bond, with the surety thereof, have bean duly ap-
provedA1iy said Board of Commissioners, and,
�`YtEAS, thereafter the City Engineer of said
city filed his written s.:c'.temnt with the Board of Commission-
ors concerning the se.id improvements, and the cost thereof,
as provided by Section 8, Chapter 14, of the Charter of the
said city, Whieh statement -,'as considered icy the said Board;
corrected and approved, and,
1h'Y~? 113, thereafter the said Board did, by resolil-
t i on of date, the_ _ "V -�^ day of 19
find and declare the necessity of assessing �_,otl of the
cost of said i Troverients against the owners of property
abutting thereon, arA their property, and did ;-)rescribe a hear-
ing of the said owners, their a' torneys, and agents, and giTed
a date therefor and did direct the said Secretary of the aid
city to issue notice of the said hearing by advertisement , as
provided by the said City Obarter, and also by posting said
notices as th rein provided, and ,
',.77REAS, in accordance with the said resolution,
the said City Secretary did issue a notice of the? said hearing
to the said property omers by publics t ion thereof, for the
time and in the manner prescribed by the City Charter in the
Star-Telegram, a daily paper of general circulation in the
City of Fort orth, for "ive (5) consecutive days prior to
the said hearing, and did also notify the said owners of the
said hearing, by posting a copy of the said notice to each
of them at the post office, in the City of Fort 'oar'- : , Texas,
f1
more than ten days prior to the date of the heari,V : and,
AS, the said he ar ing, in ac c or dare e ::;th the
said resolution and notice, was held by the noa.rd of Comr^is-
-b
sioners on the 16th day of AUGUST, 1910, at nine o'clock
A.111., at which tine and place, no owners of property
appeared to protest the said assessment, and the benefits
of said i:Iravement connected with the improvement of the
said RAITM,Z A=MME.
r107, '^iIu'":RFFORE, -» IT !'RT'r ORDAI%k) BY --.:
SAID BOARD Or C 0131IS"IMERS A! FOUL"S, TO--.'IT:
I.
That the benefits to each parcel of proper: ,- of
each owner hereinafter named in the enhanced value of said
�{ prol erty exceed in each case the amou,,ts hereinafter assessed
agai 'st such owners and their property. And said board Irving
considere' the ev;".ence and it appearing therefron t'_at e
strict application of the front foot rule, or plan whereby
each owner is to be assessed in pro:ortion as the frontage of
his pm_erty is to the •::-ole frontage improved, WOuld oge rate
Unjustly in partienlar�nd that the a,. portionment ard.
assessment hereinafter made will effect substantial equality
and justice between property orin.ers, having in view benefits
M
received by and burdens inposed upon such owners, and said
apportionment is hereby adapted.
That there is, mid shall be, tis.� used against each
of the owners of property herein below mrod, and against
several parcels of property of the said owners herein below
described, as their proper pro-rata part of the cost of the
laid improvement s, the s evem 1 sum of money s et opt osito
r the names of the said ovmors and their said property . The
naves of the said mmers, and descriptions of the pm-erty
of each, and the total amount in money hereby assessed against
each one , and his property, being as follmis, to-grits
r
or
Square Rate
Name,Block,Lot and Addition-- 'Frontage. yards. Cost. pTrfop#-
J. B. (iraY, Its. 22 and 23, bX 1, Smith Jones
& Daggett addition .......................156 346.666 $733.20 =4.6999
Benton T, Scott, It. 021, bk. 1, Smith Jones &
_12a.eratt_�.......................I.........150 346.666 733.20 4.6999
A A 04I1eal it. •22, bk. 3, Smith, Jones &
Daggett .....,...,. j.. .....112.7 272.666 578.69 4.69"
R. Y. Prigmore, St. +21, bk 3, Smith, Jones &
Daggett ..................................122,7 $72.666 676.69 4.6999
A- J. Roe, It *1, land "700," Smith, Jones &
Daggett . ................I..........-....100 222.222 476.00 4.63"
W.P.Hall,W. 46.5 it It. 08, land"700," Smith,
Jones & Daggett .. . i45 102.333 218.65 4.6999
_ Van Zandt Moore Iron Works Co., E. 57.3 it.
it. 01, land "700; Smith, Jones & Daggstt.'57.3 127.333 269.31 4,6111
Jon Hq,rt Lbr. Co., It •a, land "700," Smith,
�p
Ufa & Daggett ........100 222.222 470.00 4,69$9
I1r.A.C.Walker, It;1,bli. 1,Daggett's Second.146.8 330.666 699.36 4.6999
C.P.-Schultz,It. •1,bk.3,Daggett's Second..,. 92' 204.444 432.40 t6999
J. M. Huber, It, •8,'bk. 8, Dagketts Second.... 92 204.444 432.40 4.6999
O. P. Haney, it. 013, bit. 4eDaggett'e Secgnd...100 222.222 470.00 4.6999
Mrs. P. A. Towle, It. -14, bk. 4, Daggett's
Second . ........... 42 93.338 197.40 4.8999.
Mlchaei McNamara, It. •12, bk 4, Daggett's
Second ...................................142 315.555 667.40 4.69999
Michael McNamara, It, 1, bk. 5, Dagg4tt's
Second ...................................142. 315.555 667.40 4.6999
M„ X. & T. Ry., Its, e13, •14 and •15, bk. 5,
Degkett's Second ........................142 :15.555 667.40 4.6999
T. & P. Ry. Co., E. property W -A —n (9
a WFC Iwoporty-Ulm 0%*lion atzoet_......,..TI90I"8}_6`f6.01iQ :a;�86,4�,iaF!Hw
T. & P. Ry. Co„ E. property line Main to E.
Wop-ty 1#ne,7o. ...................... 970 2,156.555 4,55$A4i 4.6999
Total for property owners............,........ 9,717.103 $19,486.69
Total for City of Fort Worth.................. 1,108.441 2,344.35
Grand total .........................:...... 9,825,1144 =20,781.03
a
That the nmoimt set opposite the name of each owner
above, and his property is hereo-r assessed against the said
property, and declared to be the personal liability of the
owner thereof, and secured by a lien upon the said property
superior to all other lions, claims or titles, except la,iful
taxes; that the amounts payable by etch ovmer, and assessed
against his or her proy�erty, above, shall be payab"_e as follows,
to-wit;
In full, within thirty days after the completion of
the said improvement , in front of the prom rty of ef,.ch
respective owner and acts,,Vance thereof by the said city .
3.
That the said assessment shall bear interest from
the date of the said completion and acceptance at the rate
of W?oo per annun, and if not paid whon due the said assessment
and claim of pe rso nal liability shall be enforced, eit be r by
w the sale of such projv�r�'.7, by the officer, and in the mar ,.ror,
as far as ap,livable, as sales are authorized to be made for
nonpayment of City Taxes, as y-r,scri' ad by the City Charter,
and general laws, or by suit to enforce the said claim of
z personal liability, or lien in any court having jurisdiction.
4.
That if any of the said property owners, against
whoa and his property the assessment is hereby made, shall
not pay in full cahen due the mount so assessed, then, that
the city shall issue to the said General Supply & Construc-
tion Company, the eontra.etor ` or t:ie said i� --rovement , '= ssi•__<-
able certifica'.: s against the tamers of sai.cl pro-ierty, so
failing to pay such assess-rronts, and against their said prop..
orty, which said certificates shall declare the said sums to
be due and payable upon the completion €�.nd acceptance of the
said work,, and shall be pwjable to the said General Supply
r
& Construction Company, and shall state the amount due from
each property owner, and hereby assessaj against his property
and the rate of interest thereon, herein fixed at eight (6)
per cent per annum, and each certificate si all recite and
declare the fact that the sane are secured by a lien against
the property of such cr.Tner, and the personal liability of
such ovmor, and shall describe such p-r ope rty by number and
-,, block, or by such other description as may identify the same
vrith reference to any other fact recited, and by the nene of
the owner, and if the owner is not known, and if the p>"Dperty
is owned by an estate, it will be sufficient to so state the
fact.
Said certificate shall provide the.t if the amount
herein declared shall not be paid when due, that it shall be
collectable with accrued interest, and with Court costs and
attorney's fees, if sere have been incurred, and shall recite
that the proceedings with reference to such improvement. -ze
been made in compliance with the terms of the said contract
of the City of Fort "orth, and that all prerequisites to
the fixing of the liens and personal liability, evidence ' y
such certificates, have been Performed. Said certificates
shall be exec,ited by the Mayor and attested by tine City
Secretary with the corporate seal . 3aid certificataSshall
provide .that the same shall be payable to the Tax Collector
of the city, who shall issue his receipts for �aymant tiieroon,
which receipts shall be evidence of such raymant, on any
further denand for same by virtue of tine said certificate;'
or any ndelieruant contract to ;,'.=y the same, entered into
by the owner thereof, and shall provide that the Tag Collec-
tor shall deposit all sans received by him on said certificates
with the City Treasurer and the said City 7reasurer shall
keep the sdne in a separate fund, rhic h fund is he •eby
t
designated as the MMiROAD AVri'J-: CI `u', --7TI. IC'.TE FUI-3D
VO.1, and that whenever any payment shall be made to the Tax
Collector upon such certificate, it shall be his duty upon
presentation by the said contractor, or the holder thereof,
to endorse said payment thereon, and that Vic said contractor
or holder of such certificate, shall be ontit7ad to receive
fron the Mid City Treasurer the amount -o raid upon the
presentation of the said certificate, creclite'. with the mount
paid thereon, and that said erdorserDnt and credits shall be
the treasurer's warrant for making, such payment to the said
contractor, and that such a p4ryment by the treasurer shall
also be reeeipted for by the mid 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 Certificate shall also recite that the City
of Fort ':'orth shall not be, liable for the payment thereof,
or for any interest thereon, or for the cost of collecting
or enforcing the same, but that the said conpany, or holder
thereof, shall have the right to collect such certificates
as therein provide' by the terms of the Charter of the City
of Fort ';7orth, and that the said City of Port 'Forth shall,
whenever demande' by the said company, or holder of said
certificate, fully exercise this Charter power to enforce the
lien securing said certificate, and collect the same , but
shall not be liable in any manner for failure to so collect
i
or enforce the lien thereof.
5.
That this ordinance shall take effect from and after
its passage
r
I hereby certify that the above and foregoing
ordirence was duly presented er:d una.nlmously passed, tq the
Board of Connissioners of the Cif;- of Fort .o h at a session
of. said Board he".
'.
City :rc�tex
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