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ORDINANCE NO. 287
AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON
NORTH TWENTIETH STREET, IN THE CITY OF FORT WORTH, TEXAS, BETWEEN
ITS INTERSECTION WITH THE WEST LINE OF NORTH MAIN STREET, TO
CIRCLE PARK; THENCE THROUGH CIRCLE PARK TO CIRCLE AVENUE AND CIR-
CLE AVENUE TO THE EAST PROPERTY LINE OF GRAND AVENUE, AGAINST THE
OWNERS OF PROPERTY ABUTTING THEREON, AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT
TEXAS, THAT:
WHEREAS, on the lbth day of December, 1911, the Board of Commissioners
of the said City directed the improvement of North Twentieth Street between
its intersection with the west line of North Main Street to Circle Park;
thence through Circle Park, to Circle Avenue and Circle Avenue to the East
property line of Grand Avenue, by raising, filling, grading, and paving 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 Commission-
ers; 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 and the Bid of the Texas Bitulithic Company, a corporation, for
the improvement of the N.20th, Circle Park and Circle Avenue, was accepted by
the said Board of Commissioners; and,
WHEREAS, the said Texas Bitulithic Company has entered into a contract
with the City of Fort Worth, as provided 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 maintenance thereof, in accordance with the said
contract, and specifications, with surety as required by the said City Charter,
which contract and beds 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 said Board did, by resolution of date, the 15th
day of January, 1912, find and declare the necessity of assessing a portion
of the cost of said improvements against the owners of the property abutting
thereon, and their property, and did prescribe a hearing of the said owners,
their attorneys, and agents, and fined a date therefor and did direct the said
Secretary of the said City to issue notice of the said hearing by advertisements
as provided by the said City Charter, and also by posting said notices as
provided therein; and,
WHEREAS, in accordance with the said resolution, the City Secretary did
issue a notice of the said hearing to the said property owners by publications
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 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 30th day of January, 1912,
at 9 o'clock A.M. at which time and place Dr. C. A. Hickman, Mrs. B. McCarthy,
M. Radler, J. B. Hallmark, Mrs. 0. G. Walker, H. C. Armstrong, Evangelist
Church for Deaf and Dumb, B. W. James, Mrs. Nellie Reagan, Mrs. Marry D.
Erskine, All Saints Church, P. W. Kleinecke, Mrs. C. A. Alexander, G. J. Price,
owners of property, appeared to protest the said assessment, and the benefits
of said improvement connected with the improvement of said No. 20th St., Circle
Park and Circle Avenue.
NOW, THEREFORE, be it further ordained by the said Board of Commissioners
as follows, to-wit:
(1) That the benefits to each parcel of property of each owner herein-
after assessed against such owners and their property, and the said Board
having considered the evidence and it appearing therefrom that the strict
application of the front foot tule or plan, whereby each owner is to be asses-
sed in proportion as the frontage of his property is to the whole frontage
improved, would operate unjustly in particular cases and that the apportion-
ment 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 said apportionment is hereby adopted.
(2) That there is, and shall be, assessed 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 descriptions of the property of each, and the
total amount in money hereby assessed against each one, and his property, be-
ing as follows, to-wit:
CURB&
NAME LOT BLK. ADDITION FNTG.RATE COST GUTTER TOTAL
Susie B. Bradshaw 1 145 N.Ft.Worth 130 $4.8708 633.23 633.21
B. W. Owens 22 145 it 140 4.8708 681.92 681.92
Mary B. McCarthy 1-2 144 it 140 4.8708 681.92 681.92
Rev.E.J.Dunne,Catholic
Church 22 144 It 140 4.8708 681.92 681.92
M. D. Causler 1-2 143 it 140 4.8708 681.92 681.92
J.B.Hallmark 22 143 to 140 4.8708 681.92 681.92
Oscar H. Dohe 1 142 if 140 3.4791 487.08 84.00 571.08
J.G. Wolverton 22 142 if 140 3.4791 487.08 84.00 571.08
M. Handler 1 141 it 140 3.4791 487.08 84.00 571.08
0. L. Walker 20-21-22 141 if 49.6 5.3252 264.13 21.00 285.13
J. B. Googins 12 215 It
121.1 4.8708 589.86 589.86
Ft.Worth Park Dept. (Marine Park) " 722 4.8708 3516.74 3516.74
C.D.Reimers A. Hopkins Sub of
18 102 1202 3,4791 418.19 72.12 490.31
J.H. Hallmark B. Hopkins Sub of
18 102 " 61 3.4791 212.23 36.60 248.83
Terry R.Price &
G.J.Price,Jr. 16&17 102 " 1816 4.6177 838.5$ 81.34 919.92
Ft.Worth Park Dept. (Circle Park) 17171 5.1224 M7.72 995.66 9793.38
Evangelist Church
Deaf & Dumb 1 120 " 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 20 120 " 140 3.5073 491.02 89.00 580.02
C. A. Alexander 11 119 " 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 12 119 It 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 1 121 it 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 22 121 it 140 3.5073 491.02 89.00 580.02
M. E. Roberts 11 118 It 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 12 118 it 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 1 122 It 140 3.5073 491.02 89.00 580.02
M.Ft.Worth Townsite Cc 22 122 it 1,40 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Co 11 117 It 140 3.5073 491.02 89.00 580.02
N.Ft.Worth Townsite Cc 1-6 123 it 3013 3.50731056.75 114.74 1171.49
N.Ft.Worth Townsite Co W i of Belmont Sub of
L.13 &all of 14,15,16,17 114 " 226.3 3.5073 793.70 81.12 874.82
C. E. Kleinecke 12 & 4 13 114 " 75 3.50733056.75 33.62 296.67
N.Ft.Worth Townsite Co 12-17 116 " 30L3 3.5073 P56.75 114.74 1171.49
N.Ft.Worth Townsite Co 1-6 124 " 3033 3.5073 2056.75 114.74 1171.49
N.Ft.Worth Townsite Co 12-17 115 " 301.3 3.5073 D 56.75 114.74 1171.49
B W Jones 5 & 6 l25 " 1013 3.5073 355.29 64.40 419.69
Frank Condon 4 125 " 50 3.5073 175.37 31.79 207.16
E P Freeman 3 125 " 50 3.5073 175.37 31.79 207.16
N.Ft.Worth Townsite Co 1 & 2 125 " 100 3.5073 350.73 63.58 414.31
F W Rosson 5 & 6 126 100 3.5073 350.73 63.59 414.31
N.Ft.Worth Townsite Co 3 & 4 126 " 100 3.5073 350.73 63.58 414.31
Mary D.&M.D. Erskine 2 126 of 50 3.5073 175.37 31.79 207.16
H C Armstrong ett. 1 126 to 50 3.5073 175.37 31.79 207.16
J P Henderson 3 225 to 103 3.9431 408.11 408.11
Harry Henderson 2 225 " 64 3.8271 244.93 244.93
D 0 Armstrong 1 225 " 63 3.8271 241.11 241.11
C A. Hickman 13 113 60 3.8271 210.44 38.15 248.59
C A Hickman 12 113 " 50 3.8271 175.37 31.79 207.16
C A Hickman 8-11 113 200 3.6799 635.97 120.80 856.77
F P Hopkins 7 113 " 1014 5.4019 547.76 547.76
Pete & Nellie Reagan 5&6 113 " l38b53.8271 530.62 530.62
Total for Property Owners 36,520.7 3,673.46 40,194.22
Total for City of Fort Worth 19,014.09 276.85 19,281.94
Northern Texas Traction Company 2 169.15
GRAND TOTAL 61, 645.31
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 bwner, and assessed against his or her property, above, shall be pay-
able 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 date of the said com-
pletion and acceptance 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 manner, as far as applicable,
as sales are authorized to be made for non-payment 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 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 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 thirty
days after completion and acceptance of said work, and shall be payable to the said
Texas Bitulithic Company, and shall state the amount due from each property owner,
and hereby assessed against his property, and the rate of interest thereon, here-
in 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 personal liability of the 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 received, and bir 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 collectible with accrued interest, and
with Court costs, and reasonable attorneys fees, if same have been incurred, and
shall recite the proceedings with reference to such improvements have been made
in compliance with the terms thereof and the Charter of the City of Fort Worth,
and that all pre-requisites 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 certificates shall provide that the same shall be payable to the Tax Collec-
tor of the City, who shall issue his receipt for payment thereon, which receipts
shall be evidence of such payment, on any 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 Twentieth Street Certificate Fund No. 1, and that whenever any payment may
be made to the Tax Collector upon such certificate, it shall be his duty upon pre-
sentation by the said Contractor, or the holder thereof, to endorse said payment
thereon, and that the Contractor or holder of such 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 skid 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 there-
of, together with accrued interest and cost of collection, shall be paid in full.
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 the same but that the said Company or holder thereof, shall
have the right to collect said 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 demanded by the said Company, or holder of said certificates, fully
exercise Ats 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 the cost of said improvement in accordance with the terms of the
said contract between the rails and tracks and eighteen inches (18) on the outside
thereof of the Northern Texas Traction Company, A Street Railway Company, occupy-
ing the said Street, is hereby ascertained and determined to be the sum of Two
Thousand One Hundred sixty nine and 151100 ($2169.15) Dollars, and to secure the
payment of the said sum a special tax in said amount is hereby levied upon and
against the roadbed, ties, rails, franchises, fixtures and property of said
street railway Company, as prescribed by the Charter of the City, wich tax shall be
a lien against the said property, of the said Street Railway Company, superior to
all other liens or claims or titles, whatever, except lawful ad valorem taxes,
which tax s4a ll become delinquent if not paid in full within thirty days after
the completion and acceptance of said improvement by the City, and if the Tax
shall not then be paid, the same shall be enforced either by sale in the said prem-
ises in the manner as near as possible as provided by the sale of property by the
City of Fort Worth for ad valorem taxes, or the same may be enforced in any court
having jurisdiction .
(6) That this ordinance shall take effect from and after its passage.
I hereby certify that the above and foregoing ordinance was duly presented
and unanimously passed and adopted by the Board of Commissioners of the City of
Fort Worth at a session of said Board held Tuesday, February 20th, 1912.
W. J. Estes, City Secretary
ORDINANCE
No.�._� �
Title
]ate—
Filed day of
19
City Secretary