HomeMy WebLinkAboutOrdinance 185 AN ORDINANCE
raessing a portion of the .cost of improvement (X.'Y'1�
�-� in the City of Fort Worth Texas etween
its intersection with the line of
Street an its intersection with the line of
JAI against the owners of property abut-
ting thereon, and their property.
BE IT ORDAINED by the Board of Commissioners of
the City of Fort Worth, Texas: that
71MM-AS, on th"e--_-:Ja_'4-&y of
1910 , the Board of mmissioners of the said "ity directed
the improv ment of botween its intersection
with the line of (&)4, with its
intersection with the Udine of
Street, by raising, filling, grading, and paving the same,
and,
I HEREAS, in accordance with said resolution, speci
fications for said work were duly prepared by the City Engi-
neer and adopted by ._ ems, '
,WBEREAS, bids for said improvements were duly ad-
vertised for, as required by the City Charter, and
WBEREAS, said bids were received, opened and con-
sidered by the Board of Commissioners, and the bid of the
Texas Bitulithic Conp any, a corporation for the improvement
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of the was accepted by the said
Board of Commissioners, and
WHEREAS, the said Texas Bitulithic Company has en-
tered into a contract with the City of Fort Worth; as pro-
vided by the Charter, for the improvement of said street,
within the said limits by raising, grading, and filling the
same, and by paving the same with Bitulithic 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 and mainten-
ance thereof, in accordauaa—VM ttte said nt.E t, and nce-
ifications, with surety as required by the said City Charted
which contract and bonds 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
City which statement was considered by the Board, corrected
and approved, and
WHEREAS, thereafter the id Board did, by r
.—Aesolu-
tion of date, the day of
find and declare the necessity of sessin a portion of the
cost of said improvements against the owners of the property
abutting thereon, and their property, and did prescribe a
M
hearing of the said owners, their attorneys, and agents, and
fixed a date therefor and did direct the said Seoretary of
the said City to issue notice of the said hearing by adver-
tisement, as provided by the said City Charter, and also by
posting said notices as provided therein, and
WMREAS, in accordance with the said resolution,
the 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 M consecutI ve - -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
WBEREAS, the said hearing in accordance with the
said resolution and notice was held b the Board of Cormis-
sioners on the day of 19 _/0
at o'clock A.M. at *ich t e and ace
owners of property, appeared to protest the said assessment ,
and the benefits of sa' improvement connected with the im-
provement of said -treet.
N0W THEREFORE, be it further ordained by the said
Board of Commissioners as follows, to-wit:
a e
(1) That the benefits to each parcel of property
of each orm er hereinafter named in the enhanced value of said
property exceed in each case the amounts hereinafter assess-
ed against such owners and their property, and the said
Board having considered the evidence and it appearing there
from that the strict application 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 improv-
ed, would operate unjustly in particular cases and that the
apportionment and assessment hereinafter made will effect
substantial equality and justice between property ovmrm,
having in view benefits received by and burdens 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
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 names of
the said owners, 'T? p"ty of Me,
and the total amount in money hereby assessed against each
one, and his property, being as follows, to-wit;
"Name,lot,binds, addition-
Frontage. yards. Cost, per ft.1
Texas Loan&Reserve U6,-It,46,bk.61,C1t.4"-100 212.888 $ 444.403 $4.4440
A,A. Gourte,It. •12,bk.61, City, .......:..100 212.888 444.403 4.4440 1
J.M.Popplewell, It. 2. ML 62, City:..........110 234.177 488.944 4.4440'
Mrs, Amnio Otten,.,{t, $, bk..62.City..........110 234,177 488.844 4.4440
Dr. G. V.MOhon,Its. •5 gad 8,'bk.68, City..200 399.555 834.0,U 4.1709
Thos.Horton,It.•6,W.20,City..........I... 75 149.833 312.776 4.1703
R. J.Roberson, It.,-I, bk. 20, City........... 30 59.933 125110 4.1703
G.H.Colvin, It. •8, bk• 20, City.............. 95 189.789 396:182 4.1703
Alex.Hogg, It. •7, bk, 46, City...............110 211.8,11 442.155 4.0195
J. L. Bird, It. •8, bk. 45, City................110 21J.811 442.155 4.0195
S.B.Canty,It8.1 td4 Inc.,bk.46,City........220 423.622 884.310 4.01H
Mrs. Betty Bryan, It. 1, bk: 47,City..........100, 198.555 414.483 4.1448
R. L. Ellison, It. 4, bk. 47, City..............100 198.555 414.483 4.1448
Mary A. Morrie, It. •8, bk. 76, City.......... 96 188.627 393,758 4.1448
Sue H. Smith,It.;9,bk. 79,City,............ 95 288.627 398.768 4,1448
First Christian Church, Scientist, It. 1, bk. 80,
City ..100 196.666 410.540 4.1054
Winfield Scott, It 4, bk. 80, City.............100 196,666 410.540 4.1054
J. F.Grammer, N. % of It, 2 bk. 81,City.... 50 98.333 205.270 4.1054
H.J. Adams, S. % of It. 2,b1c. $1,City...... 50 99.333' 205.270 4.1054
IR. C. Rossington, It. 3, bk. 81, City..........100 199,,66.666 410.540 4.1054 1,
STi Fnte C;Eea41,it.•8,bkt. I",City...•,......100 190.222 4M.418 40643 1
B. F. Sargent,N.45 ft.of It.3,bk. 100.City.. 45 81.400 182.447 4.0643 l
Mrs. Jennie Tucker,.S, 66 ft. of It.-S, bk. 100,
City.........:....... . .............. 55.0 106.822 222.990 4,05,431
W.A:Adams,It•'I.'Vic. 101, City.............100 194.222 405.438 4.0543;
Miss Ethel Evanb, It. 41 bk. 101,)Clty........100 194.222 405.438 4.05431
Miss Fannie Taylor,lt..l,t13c.104,City........100 .183O333 403.582 4.0358'
Elks Building Association, It.4, bk. 104, City.101 193.333 403.592 4.0358
Mildred Bridges and Clay,lohnsdn, It. ..,Fand
N.15 ft. of It. 3, bk. 105,City........_....115 222.20 464.120 4.0358
St.Paul's M. E. Church, S. 85 ft. of It. 8, bk.
105'City, . . 85 164.333 343.045 4.0358
Sam Levy, It. 5, bk. 6. Hirschfield's.......... 41.75 92.618 172.465 4,1309
Mrs' Addle Levy, N. 2-3 of It. •11, bk. 3,
Hirschfield's . 50 98.944 206.545 4.1309
Chas. and C. B. Caubiron,It. 12 and S. 1-3 of
It. 011, bk. 3, Hirschfield's............... 60 98.944 206.545 4.1309
C. F. Johnson, It. •12, bk. 3, Hirschfield's. 50 981ft4 206.645 4.1809
rs. CyntMl!L� Schoremoyer, W.:]4, b1L 3, S
Hirschfield's . ,,.......................... 75 148.416 309.818 4.1309
.R. Sanguine!. It •16,bk. 8, Hirschfield's.. 75 148.416 309.818 4.1309
St. Andrew's Episcopal Church, It. #10, bk.
4, Hirsehfield's ...........150 298.500 623.118 4.1541
$tYfaabeth B. Clayton, It. •11, 4, Hipch-
fieid's . 50. 99.500 207.706 4.1541
Mrs. Mary Sue Brady, It. i6, bk. 4, Hirsch-
field's. .................................116.9 232.631 485.617 4.1541
`Miss pSnka Jones, N. 66 ft. of It. 2, bk. 1,
aaunder's _ .�66 131.863 W.243 4.1703
f, L-•'Walker, S. 100 ft. of It: 2, bk. 1.
I Saunder's. . .. .- ........100 1".777 417.034 4.1703
IQ7,p.Portwbod,N.'A of I�t.8,bk.1,Saunder's 83 165.816 346.138 4,1703 1
F. M. Mullins•$. %-of It. 3, bk. 1,Saunders. 83 165.815 346.138 4.1703 1
F P.Shelly,N.66 ft.of It,5,bk.2,Saunders. 66 136.986 285.958 4.3327
t¢racie Williams, S. 65 ft. of N. 131 fE of bk.
2, Saunder's - . 65 184.911 281.626 4.3927
Adolphus Busch, S. 35 ft. of It. 5 and S. 196
ft:of bk. 2,$aundees .... ............231 479.453 1,000.868 4.3327 J
It W.Alford, S. 100 ft. of bk. 4, Nance......100 207.655 423.271 4.3327
Alex. C. Garrett, N. 50 ft. of S. 150 ft. of bk.
4, Nance ............................... 50 101.777 216.634 4.3327
F Cots. H. Wingfield, N. 50 tt. of S. 200 ft. of
bk. 4,Nance . 50 108.777 216.684 4.3327
J. L.Cgnppr,N. 162 ft. of bk. 4, Nance......162 336.240 701.901 4.3327
H. C. EdringtonN. 6121t.ft. f Ill1' Nance t of bk...121 241,.731 504.613 4.1703
'',Sam A.Joseph,
Nance. ..................I.............. 60 99.888 208.516 4.1703
C�as. W. Milliken, S. 50 ft. of N. 192 ft. of
bk. 1, Nance . 50 99.888 208.516 4.1703
Annie V.Burnett, N. 142 ft. of bk. 1,Nance..142 283.684 692.190 4.1703
W.T.Maddox, S. 63.6 ft.of bk,2,June Smith 63.5 106.465 222.245 4.1541
A.W.Adams.N•53Y f!.4f 5,101 fL 9L-bk. "
June 9mitb '=:•`-:": ,.i : Bare legs e9� via 4MON
W. W. and Mollie Van Zandt, It. •6, bk. 2,
June Smith 60 99.500 207.706 4.1541
M. G. Ellis, S. 79 ft. of N. 169 ft. of bk. 2,
June Smith ........ ... . 79 167.210 328.175 4.1541
Minnie Lynch,N. 79 ft. of bk. 2,June Srgith. 79 157.210 328.175 4.1541
1,1.B.Lloyd,$.158.75 ft.of bk.1.June.Smith.168,75 314.148 955.793 4.1309
Annie E, Loebnitz, S. 60 ft. of N. 193 ft- of
bk. 1,June Smith ..• .• . 60 118.733 247.855 4.1309
R. Sanguinet and others, N. 123 ft. of bk.
].Judd 19MIth ................ ...........128 248.403 508.103 4.
Total for property owners.......I............11,139.462 $23,253.539
Total for city of Fort Worth.................. 2,981.593 6,224.071
Total for Citizens Railway and Light Co...... 68.383 111.332
Grand total ................................14,147.379 126,588.942
•Texas Title Co.map.
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That the amount set opposite the name of each owner
to
above, and his property is hereby assessed against the said
property and declared to be the personal liability of the own-
er thereof, and secured by a lien upon the said property sup-
erior to all other liens, claims or titles, except lawful tax-
es, that the amount payable by each owner, and assessed against
his or her property, above, shall be payable as follows,towit;
In full, within thirty days. after the completion of
the said improvement, in front of the property of each respec-
tive omer 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 8% per annum, and if not paid when due the said assess-
ment and claim of personal liability shall be enforced, either
by the sale of such property by the officer and in the manner,
as far as applicable, as sales are authorized, to,be made for
non payment of City taxes as prescribed by the City Charter
r
and general laws, or by suit to enforce the said' claim of
personal liability, or lien in any court having jurisdiction.
(4) That if .,an;. of the said property owners, against
whom and their property the 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 Compagy, the
Ir contractor for the said improvement, assignable certificated
all declare the said sums to be due and payable thirty days
I'
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after completion and acceptance of said work, 'and shall be
payable to the said Texas Bi ulithic3 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 per cent (8%) per annum, and each certificate
shall recite and declare the fact that the same is secured by
a lien against the property of such owner, and shall describe
such property by number and block, or such other description
as may identify the same with reference to any other fact re-
cited, and by the name of the owner and if the owner is not
known or if the property is owned by an estate, it will be
sufficient to so state the fact.
Said certificates shall provide that if the amount
therein declared shall not be paid when due, then it shall be
collectable with accrued interest, and with court costs and
reasonable attorney's fees if same have been incurred, and
shall recite the proceedings with reference to such improve-
ments have been made in compliance with the terms thereof and
�! the Charter 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 Sec-
retary with the corporate seal. Said certificates shall pro-
vide that the same shall be payable to the Tax Collector of
the City, who shall issue his receipts for payment thereon,
a �
which receipts shall be evidence of such payment, on any de-
mand for'same by virtue of the said certificate, or any in-
dependent contract to pay the same, entered into by the owner
thereof, and shall provide that the Tag Collector shall de-
posit all sums received by him on said-certificates with -the
City'Treasurer and the said City Treasurer shall keep the same
in a parate fund,, which fund is hereby designated as the
c1 .aAJ JA . CERTIFICATE FUND N0.1 and that
whenever any payment may 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 contractor or holder of such certi-
ficate, shall be entitled to receive from the City Treasurer-
the amount so paid upon presentation of the said certificate
credited with the amount paid thereon, and that said endorse-
ment 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 hold-
er in writing to the said Treasurer, or by the surrender of
said certifiaate, w1jea 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 North shall not be liable for the payment thereof, or for
any interest thereon, or for the cost of collecting or enfore-
ing same, but that the said company or holder thereof, shall
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have the right to collect such certificates as therein pro-
vided by the terms of tlw darter of the City of Fort North,
and that the said City of Fort Worth shall, whenever demand-
ed 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.
I hereby certify that the above and foregoing ord-
inance was duly presented and unanimously passed by the Board of Commis-
sioners of the City of Fort Worth at a session of said Board held
Thursday September 1st,1910.
City cretary