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HomeMy WebLinkAboutOrdinance 286 ORDINANCE N0.,, AN ORDINANCE Assessing a portion of the cost of improvement on Throckmorton Street, in the City of Fort Worth, Texas, from its intersection with the south line of Tenth Street to its intersection with the north line of Fourteenth Street, (with the exception of that part of Throckmorton Street abutting upon lots 1 to 8 inclusive in block A-6, Daggett's Addition; lots 6 to 8 inclusive in block A-3, Daggett's Addition; lots 10 to 18 in- clusive in block V, Daggett's Addition and the inter- seCtiOtr trEhir'ttthrtet; said except ezt propartg - being heretofore improved), and providing for the collection of the said assessment and the assignable - - certificates evidencing the same. i i t %N/ BE IT ORDAINM BY THE BOARD OF CONUISSIONERS OF THE CITY OF FORT WORTH, THAT: WHEREAS, on the 17th day of October, 1911, the Board of Commissioners of said City directed the im rovement of Throckmorton Street, from the scvth property line of Tenth Street to the north property line of Fourteenth Street, (with the ex- ception of that part of Throckmorton Street abutting uppon lots 1 to 8 inclusive in block A-B, Daggett's Addition; lots 5 to 8 inclusive in block A-3, Daggett's Addition; lots 10 to 18 in block V, Daggett's Addition and the intersection of Thirteenth Street, said excepted property being heretogore improved), by raising, filling, grading and paving the same, and rn a-Ecordarms wi'Eli said resolution, spmc1f!4:a1J-o6_s or sa33 worms were duly p spared by the City Engineer, and adopted by the said Board of Commiss- ioners, and 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, an the bid of the General Construction Company, a corporation, for the improvement 9.94rlhe said Throckmorton Street was accepted by the said Board of Commissioners, and WHEREAS, the said General Construction Company has entered into contract with the City of Fort Worth, as provided by the Charter, for the improvement of the o said street, within the said limits, by raising, grading and filling the same, and by paving the same with 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 City Charter, xikk 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 state- QLt Sgjt,l: :11e 3sc:xi' of jnaaninairnnrs cep eA •,;r i 0''e s-axd -, rc:-r^ +�, s..3 the oCst Ir 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 day of , 'k , 1914, find and declare the necessity of assessing a portion Of the cost-or cost-or said improvements against the owners of property abutting thereon, and their property, and did prescribe a hearing of the said owners, their attorneys ? and agents, and fixed a date therefor and did direct the said Secretary of the the said City to issue notice of the said hearing by advertisement, as provided by the said City Charter, and also by posting said notices as therein provided, and WHEREAS, in accordance with the 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 17th day of February, 1912, at 9 o'clock a.m„ at which time and place'{h4? follow ers ,ai propflrLy appeared to.gyp e►at bh}z - �IiiB gssessmert, ani�T a bens s of said impro ement connected th the provemen of the said THROCKMORTON STREET: NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE SAID BOARD OF COINISSIONERS AS FOLLCWS,*TO-WIT: 1. That the benefits to each parcel of property of each owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assessed against such owners and their property. And said Board having considered the evidence and it appearing therefrom that the strict application of the front foot y 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 unjustly in partioulw 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 imposed upon such owners, and baid apportionment is hereby adopted. That there is, and e,,assXnd ed aznst each of the owners of property hereinbelow named, and againsal paroperty of the said owners here- inbelow described, as their pAper pro-ratf the cost of the said improvements, the several sums of money set opposite themes of the said owners and their said property. The names of the said owners, 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: Fori.Worth Pars: de0artment, Peter Smith triangle, fronting 117 feet, 265: 950 square yards; cost, $552.27; rate per foot,$4,7262. , St. Patrick's Chureb, north 181 feet of block T,Daggett's addition,fronting 791 feet; B92.166 square yards; cost, $$15.71; rate per foot,$4.066. St. Ignatius Academy, south 120 feet of bloek T,Daggett's addition,fronting 120 fedt; 260.000 square yards; cost $540.80; rate per foot,$4,6066. W.-G. Newby, lots 6, 7 and 8. block A-5, Daggett's addition, fronting 7S feet, 162.50o square yards; -cost, $339;; rate per foot, $4.5066. E.9.Baldridge,lots 3,4 and 5,block A-u; Daggett's Wdition, fronting 7511 feet, 162,600 square yards; cost, ;aft; rate per.foot, $4.5066. r-7—w W.H.Smith and J.H.Thrasher,loth 1?l42,_W-0-1-A'j�7Zs.eaetLa�aalr _ Z-rontl`ii ,v feet, 10s.s aquard yarq;� - cost, $225,33: rate per toot, $4.5066. A. G.Rintleman,lot 3,block TJ,Dag- gett's addition,fronting 50 feet,108.333I square yards; post, $226.33; rate per, foot, $4.0066. Miss Helen Reilly,north 12% feet of lot 5, block 17, Daggett's addition, fronting 12% feet,27.083 square yards; cost, $56.33; rate per foot,$4.5066. A. G. Rintleman, south 87% feet of ' lot 5,block U,Daggett's addition,front. cos87'9 feet, to pe 3 square yards; cost, $394.33; rate per foot, $4.5066. Wills & Tyson, lots 7 and 8, block A-4, Daggett's addition, fronting 50 feet,108.318 square yards;coat,$225.33; rate per foot, $4.5066. H.W.Williams,lots 4,5 and 6,block A-4, Daggett's addition, fronting 75 feet,108.2$8 square yards; cost,$225.33. rats per.loot, $4.5066. Mrs. M. M. Barnes, lots 1, 2 and 3, block A-4,Daggett's addition,fronting 75 feet,162.500 square yards;cost,$3"' rate per foot,$4.5066. Mrs. Julle. Loftin, lots 1, 2, 3 and 4, block A-3,Daggett's addition,fronting 100 feet, 177,777 square yards; cost, $369.77; rate pertoot,33.6977. Total for property owners, 2,395,791 square yards; cost,$4,988.23. Total for city of Fort Worth, 631,- -- - - 166.square gat'ds; cost,f1,312,83. t. __ Gran alp-3.Q,Q:L=. square vss�. - — - .. Note: 'e block. designations are taken front tb#-Texas Title COmpaZyl mgp_ 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 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 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. i 3. That the said assessment shall bear i Ge opt from the dam GL._ u; ai1 a -ssm zrc v.i the 1'ai,�? G:� a ��:c:l:�i, per nnP.::.^.., aIl(1 11 Y!"t p+ lu wb9A due the Baiaassessment and claim o persona 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 nonpayment 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 id any of the said property owners, against whom or whose 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 General Construction Company, the con- tractor for the said improvement, assignable certificates against the owners of the said property so failing to pay said assessments, and against their said propert , which said certificates shall declare the said sums to be due and payable upon the completion 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 property of such owner, and the personal liability of such owner, and shall describe such property by number and block, or by such other description as may identify the same with reference to any other fact received, and by the name of the owner, and if the owner is not known, and 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 herein declared shall not be paid when due, that it shall be collectible with accrued interest, and with Conxt costa and attorneys fees, if same have been incurred, and shall receite 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 the corporate seal. Said ,eertificates shell 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 certificates with the City Treasurer and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the THROCKMORTON STREET SPECIAL CERTIFICATE FUND NO. 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 holder thereof, to endorse said payment thereon, and that the said contractor or holder of such oert- ificate, shall be entitled to receive from the said City Treasurer the amount so paid upon the presentation of the said eertifioate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurer's warrant ba-making such payment to the said contractor, and that such a pa ament by the Treasurevshall also be receipted for by the said holder in writinngg.to the said Treasurer, or by the surrender of dr-aartificate, when the-Igri:noipal thir"afj'togethdj- w'f`..li 9cc cu l interest and cost of collection, shall be paid in full. Such certificate shall also receite that the City of Fort Worth shall not be liable for the payment thereof or for any interest thereon, or for the cast of coll- ecting or enforcing the 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 certificate, fully exercise its Charter power to enforce the lien securing said eertifcates, and collect the same, but shall not be liable in any manner for failure to so collect or enf orce the lien thereof. 5. That this ordinance shall take effect from and after its passage. jr I hereby certify that the above and foregoing ordinance was duly presented and unanimously passed by the Board of Comm- issioners of the City of Fort Worth, at a ssssiOD of eaid B�ai•Lt held�� February lyth, 1912. + ity Secretary.