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HomeMy WebLinkAboutOrdinance 285 O R D I N A N C E N Oar AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT OF EAST FRONT STREET FROM THE EAST PROPERTY LINE OF CHAMBERS STREET TO THE EAST PROPERTY LINE OF VIRGINIA STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON, AND THEIR PROPERTY. k. w , lof BE IT ORDAINED BY TIM BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT: Qrc� /!/lqy WHEREAS, on the 9th day of 3a3y 1911, the Board of Commissioners of said City directed the improvement of East Front Street, from the east property line of Chambers Avenue to the east property line of Virginia Avenue, by raising, filling, grafting 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 said Board of Commissioners, and s WHEREAS, bids for said improvement were duly advertised for, as required by the City Charter, and WHEREAS, said bids were received, opened and considered by the Board of Commissioners, and the bid of t7ge General ConstructiW Company, a corporation, for the improvement of the said East Front Street, was *wdpted by the said Board of Commissioners, and WHEREAS, the said General Construction Company has entered into a contract with the City of Fort Worth, as provided by the Charter, for the improvement of the said street, within the said limits, by raising, grading and filling the same, and . by paving the same wittf Vitrified Brick Pavement upon a five inch gravel concrete foundation, and WHEREAS, the said Company has executed its bonds to the City of Fort Worth for the construction thereof, in accordance with the said contract and specifications, with such surety as required by the said City Charter, which contract and bond, with the surety thereof, have been duly approved by the 'said Board of Commissioners, and WHEREAS, thereafter the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the said City, which statement was considered by the said Board, corrected and approved, and WHEREAS, thereafter the said Board did, by resolution of date, the 29th day of January, 1912, find and declare the necessity of assessing a portion of the L cost of said improvements against the owners of property abutting thereon, and their property ^isLit-�- ^^ib3 a hearing , their stttorreya anti wants, and fixecT a date therefor rind did direct-the sAid Secretary o. L.1e ;ail !it to issue notice of the said hearin by advertisement, as nrovi3ed by the said ity Charter, and also by posting sad notices as therein piovided, and WHEREAS, in accordance with said resolution, the said City, Secretary did issue a notice of the said hearing to the said property owners by publication 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 Worth, for five (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 Worth, Texas, more than ten days prior to the date of the hearing, and WHEREAS,-the said hearing, in accordance with the said resolution and notice, was held by the Board of Commissioners on the 6th day of February, 1912, at 9 o'clock, a.m., at which time and place, no owners of property appeared to pro- test the said assessment, and the benefits of said improvement connected with the improvement of the said EAST FRONT STREET. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE SAID BOARD OF 0018TISSIONERS AS FOLLOWS, TO WIT: That the benefits to each parcel of property of each owner hereinafter named, in the enhanced value of said prcpertr-exceed in each case t11--finounts here- inafter assessed aggainst such owners and their property. And said Board having considered the evidence and it appearing therefrom that the strict applicatinn of the front foot rule or plan, whereby each owner is to be assessed in proportion as the frontage of his property Is to the whole frontage improved, would operate un- justly in particular, and tha11 the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burden# imposed 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 several parcels of property of the 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 said 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-wits Paving asessment for East Fro street, from the east property line f Chambers avenue to the east prop- . arty lice of Ylrglnfa avenue. ' James Pinto,lot 1,block 3,Kennedy addition, 50 it.frontage,107.500 square yards,cost $231.13.rate per fL,$4.6226. �3'aala C terra, 1q�_ 2 irk 3,� Ehsnedy t�C10n, ->SIF ""':^i 107.ROo aquere yards,Cost $581.13, tall*, Der ft. $4,4225. aSheodore $chroede� lot 2, block 3, Kennedy addition, 51 ft. frontage, .109.960 square yards,cost $235.7-1,rate per ft. $4.6225. T. & C. Barbuzza, lot 4, block 3. Henri addftlon, 61% ft. frontage, are_ 110.725 squ yards,gat$239.05, rate $4.6225. Ed Gamble, lots 5-4 and north 122% ft. of lots 7 and 8, block 92, T. &. P. Railway Company addition, 200 ft. Frontage, 430.000 yards, cpat,� $924.50, rate-per ft, 4.0256, ' Jennie Maddox, lots 1 to 6, block 4, Kennedy additlon, 230 ft, frontage,5 537.500 square yards, cost rate per ft. 5.,' J. L. Gant,t, lot lot 8, block #, Kenni� addition, 60 ft.frontage,107.600 aq71� yards,cost$231.13, rate per ft. $4.6'l'd8. Jno. Mitchell, lot 7,block 4, Ken- nedy addition, 60 ft, frontage, 107.500 square yards, cost $281.13, rate Per it.� $4.6225. 4 M. Genera lot 8, block 4, Kennedy addition,80'tlt. frontage,129.000 square yards,cost 1171.11,rate par It. 11*1121, Texas Building Co., lot 1, block 93, T. & P. Railway Co. addition, 50 ft, frontage, 107.600 square yards, cost ,$2$1.13, rate per ft. $4.6225. M. Coniglio, lot S,block 93, T. &.P.' Railway Co, addition, 50 ft. frontage, sauero sus,rx{, to _ per W.. $Boaz, J.Booaz,,lets 8,4 and b, 11 03,1 T. & P. Railway Co. addition. 130 ft.ii frontage, 822.600 square yards, cost $693.87, rate per ft. $4.6226. Mrs, A. T. Parks, let 0, block 99, .T, & P. Railway Co. addition, 60 ft. ntags, 107.boo square bards, cost 1.13, rate Der ft.$4.4235. Pi , N. Griffith, lot 7, block 93, T. & P. Railway Co. addition, 50 ft. front- age, 107.500 square yards, cost $231.13, rate per ft. $4.6225. Hattie Cunningham,lot 8, block 93, T. & P. Railway Co. Addition, 50 ft. • frontage, 107.600 square Verde, cost, jS$1.13, rate Per-ft "225. S. B. Huff, lots I and 2, block 5.1 Kennedy addition, 103 ft. frontages 218.688 square yards, cost $469.96, rate per ft. $4.56$7, _ C, ID. Lusk, lot 8, block 5, Kennedy addition,61 ft.frontage,108.233 square' yards, cost$232.70,Yale per ft,$4.5627. H. P. Eli lot 4, block 5, Kennedy addition, 51 ft.frontage,108.233 square yards,cost $232.70.rate per ft. $4.6827. Mrs. Henrietta Baines, lots 5 to 8, block 6, Kennedy addition, 204 It. 'frontage, 432.932 st$µare yards, coat WO.4o, rate per ft. $4.6427. C. T. Prewitt at alW-10t 9, block 5, Kennedy addition, Ln ft. frontage, 1o8.233 square yards,coot$232.70, rate g ft. $4.6427. Texas,Traction CO..lo$satAa addition, 450 ft. frontage, 055-MO square yards, cost $2,053.25, rate per ft $4.5927. Total forr property owners, 4,S33.096 square yahla, root $2,756.91, Total.for city of Fort Worth,828.8191 square yams; cost $1,781.48. 'Total for Northern Texas Traction ompany, 2,HS.665 square yards; cost 080.14. 4%%Dd total, 7,720.469 square 1ar4e; cost$18,599.01.' 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 the per- sonal liability of the owner thereof, and secured by a lien upon the said property sdperior to all other liens, claims or titles, except lawful taxes; that the amounts 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 acceptance at the rate of eight (A.4) nWr annum, and if not paid when due, the said assessment and claim of personal liability shall be enforced, ei4gher by the sale of such property by the officer, and in the manner, as far as applicable, as sales are authorised to be made for nonpayj;Lent of City Taxes, as prescribed 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 A any of the said propertyy owners, against whom or whose property the assessment is he eby made, shall not pay in full when due, the amount so assessed, then, that the City shall issue to the said General Construction Company, the con- tractor for the said improvement, assignable certificates against the owners of said property so failing to pay such assessments, and against their said property, which said certificates shall declare the said sums to be due and payable upon the com- pletion.and acceptance of the said work, and shall be payable to the said General Construction Company, and shall state the amount due from each property owner and hereby assessed against-his property and the rate of interest thereon, herein fixed at eight (8%) per cent per annum, and each certificate shall recite and declare the fact that the same are secured by a lien against the propperty of such owner, and the personal liability of such owner, and shall describe suoh property by number aid block, or by such other description as may identify the same with reference to any other fact reog4ted, and by the name of the owner, and if the owner is not known, and if the propeAt is owned by an estate, it will be sufficient to so state the Said oertifioate shall provide that if the amount herein declared shall not be paid when due, that it shall be collectible with accrued interest, and with court costa and attorney's fees, if same have been incurred, and shall recite that the pro- ceedings with reference to such improvements have been made in compliance with the terms of the said contract of the City of Fort Worth, and that all prerequisites to the fixing of the liens and personal liability, evidenced by such certificates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Secretary with corporate seal. Said certificates shall provide that the same shall be .payable to the Tax Collector of the City, who shall issue his receipts for payment thereon, which receipts shall be evidence of such payment, on any further demand for same by virtue of the said certificate, or any independent contract to pay the same, entered into by, the owner thereof, and shall provide that the Tax Collector shall deposit all sums received by him on said oertificates with the City Treasurer and the said City Treasurer shall keep the same in a separate fund, which fund is - hereby designated as the EAST FRONT STREET SPECIAL CERTIFICATE FUND No. 1, and that whenever any payment shall be made to the Tax Collector upon such certificates, it shall be his duty upon presentation by the said contractor, or the holder thereof,, to endorse said payment thereon, and that the said contractor or holder of such certificate, shall be entitled to receive from the said City Tredsurer, the amount so paid.upon the presentation of the,said certificate, credited with the amount paid thereon, and that said endirsement 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 '*aid certifiowte, when the ppri.noipal t-ieraoi, together with Accrued interest and 'cofft a collactinn, shall 6, paI in full. Such certificate 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 the §ame, but that the said company, or holder thereof, shall have the right to collect such certificates as therein prvided by the terms of the Charter of the City of Fort Worth, and that the said City of Fort Worth shall, when- ever demapded by the said company, or holder of said certificate, fully exercise its Charter power to enforce the lien securing said certificates, 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. *► �.. I hereby oertify that the above and foregoing ordinance was duly presented and unanimously passed by the Board of Cionmmissioner8 of the City of Fort Worth, at a session of said Board held Tuesday, February 6th, 1912. ity Seoretary.