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HomeMy WebLinkAboutOrdinance 289 AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENTS OF THE FOLLOWING NABBED STREETS IN THE CITY OF FORT WORTH, TEXAS, AGAINST THE OWNERS OF PROPMTY ABUTTING THEREON, AND THEIR PROPERTY: EIGHTH STREET, from the East line of Commerce Street to the East line of Grove street; CALHOUN STREET, from the North line of Ninth Street to the South line of Seventh Street; JONES STREET, from the North line of Ninth Street to the South line of Seventh Street; and GROVE STREET, from the North line of Ninth Street to the South line of Seventh Street. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT WHEREAS, on the. let. , day of . Peptempe;. . , , .19.a. the Board of Commissioners of said City dfirected the improve- ment of the above named Streets, by raising, filling, grading and paving the same; AND WHEREAS, in accordance with said resolution, speci- fications for said work were duly prepared by the City Engineer and adopted by the said Board of Commissioners; AND WHEREAS, bids for said improvements were duly advertised for, as required by the City Charter; and 59HF.RF,AS, said bids were received, opened and consid- ered by the Board of Commissioners, and the bid of the TARRANT CONSTRUCTION COMPANY, for the improvement of the said Streets, r was accepted by the said Board of Commissioners; and WMMMCAS, the said Tarrant Construction Company has enter :d into a contract with the City of Fort Worth, as pro- vided by the Charter, for the improvements of said Streets, within the said limits, by raising, grading, and filling the w 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 acoor- dance 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 con- cerning the said improvements and the cost thereof, as pro- vided by Section 8, Chapter 14, of the Charter of the said City, which staLement was considered by the said Board, corrected and approved; and Whereas, the said Board did, by resolution of date, the .1e1.. day of ,Bn",Pgr... . . . 1911. find and declare the necessity of assessing a portion of the cost of said improve- ments 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 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 poper of general circulation in the City of Fort Worth, for five (S) consecutive days prior to the said herring, and did also notify the said owners of the said hear- ing, by posting a copy of the said notice to each of thew at WOW 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 , la. . . . . . , day of November. . ., . ,. 19.1A. at 9 O' clock A.M. being owners of property, appeared to protest the said assessment, and the benefits of the said improvement connected with the im- provement of the said named Streets. NOW THEE{FORE, BE IT YMTHTV ORDAINED BY THE SAID BOARD OF COMMISSIONERS AS FOLLOWS, TO-WIT: I. That the benefits to each parcel of property of each owner hereinafter named, in the enhanced value of the said proper- ty, 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 applica- tion 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 be in all cases, just and equitable, and in accordance with the benefits received, and with the appor- tionment of the cost of said improvements between the property owners, and the as9essmente hereinafter made, will effect substan- tial equality and justice between property owners having in view benefits received by, and burdens imposed upon such owners. z. 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 herein below 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 de- scriptions of the property of each, and the total amount in money hereby assessed against each one and his property, being as follows, to-wit: F t NOV7;LOjPR let-1911. PAVI77G!,,,,AS3ESSMUT F �.." •` u ._ __m 1P,IGHTH STRETT FRO? i` 7 E. COTB MC9 STR? %'T TO TH3 BAST ;°'. OF GT OVU; CALHOUN STRB!7 FRO,--rig N. 1 OF NPITH 3TRE"T TO ''"8Q1TmH LINF, 01+' . "NTH STRIP, rT; JONES STRP'RT'"FRO'.' TTii N. LIN1. OF NI 'l. -4 T TO THE' SOUTH LINE OF SIAPPNTH ST1 -�,„ G k". STMI T FROM THM N. LI':`P, OF TINTH 3TRYNT TO TH-r 3 l TH ',I?; $ o :'iEV724TH ST. TIAT1, _ N A Y 3: LOT BLK. ADDITION FN'TC. GQ.YPS. C09T P14H FT. J.M. Vincent 1 ill C I T Y 100 220.000 $457.60 $4.5760 Mrs. M.E. Jennings e1 9 ill " 100 220.000 457.60 It Sol layer 8 116 " 100 220.000 457.60 " Ida Miller 10 116 " 100 220.000 457.60 of L.M.& M.E.Zane Cettii 3 & 4 73 " 200 444.444 924.44 4.6222 J.M, Vincent 1 74 " 100 222.222 462.22 " C. Graham 2 74 " 100 222.222 462.22 " Nash & Went 3 72 " 100 222.222 462.22 " J.W. Reilly 4 72 " 100 222.222 462.22 It W.H. Coon 1 48 " 100 222.222 462.22 " Ida Callbeck- N. * 2 48 " 100 222.222 462.22 " s TOTAL FOR.PROPERTY OWNERS. .. ... .. .. 2657.776 $5,528.16 TOTAL FOR CITY OF FORT WORTH. .. .. . . 886.887 11848.88 TOTAL.. . . . . . .. . 46.663 7,Z77.04 CALHOUN S3TR1?,W Zane C®tti 12-T 116 " 75 166.666 346.67 " Ida J. Miller 10 & 11-T 116 " 125 277.777 577.78 " C.M. Graham 2 & 3 74 " 200 444.444 924.44 " f L.M. & M.E.Zane Cetti 3 73 " 100 222.222 462.22 " Hawes do Kelsay 2 73 " 100 222.222 462.22 " Yrs.M.B.Jennings-S.* 9 ill " 50 111.111 231.11 " C.A. O'Keefe 10 & N.* 9 Ill " 150 333.333 693.33 " TOTAL FOR PROPERTY OWNERS....... . .. 1,777.7'15 03,697.77 TOTAL FOR CITY OF PORT WORTH. .. ... . 44.444 92.44 f TOTAL. . . . .. . .. . 1,822.21V 3,7 0.LIT ._ i JONES STR TOT: Nash-Want 2 & 72 " 200 444.444 924.44 " 3 Xelsay-Hawes Lbr.Co. 1 73 " 100 222.222 462.22 " Zane-Cetti 4 73 " 100 222.222 462.22 " J.M. Vincent 1 74 " 100 222.222 462.22 " Mrs.Willie M. Moore 4 74 " 100 222.222 462.22 " Ida Callbeck- N.* 2 48 " 50 111.111 231.11 " Mrs.Wil'lie M.Moore-S. Z 48 " 50 111.111 23i.11 " P- -�_Mrs.Wiliie -..' oore-1T. 3 48 " 5n 111.111 .1U.11 " Grand Lodge of Texas, A.F. & A.M.- S.j 3 48 " 50 111.111 231,11 " 1 TOTAL FOR PROP7a:RTY 1,777.777 $3,697.76 TOTAL FOR CITY OF FORT WORTH... . . .. 44.444 92.44 TOTAL. .. . . . . ...1 !4 RATLr N A, M R LOT BLK. ADDITION PNTG. Sq.YD8. COST PAR. FT. GROVE STREET: M.P. Bewley Est. 2 71 C 1 T Y 100 224.222 0462.22 44.6222 R.D. Gage- N. 60' of3 71 " 60 133.333 2-17,33 " F.W. Axtell- 3.40' of 3 71 " 40 88.888 184.89 " F'V.Axtell- Mighth Street " 60 133.333 277.33 " Durrett & Ayers 2 120 " 100 222.222 462 .22 " :.i1. Robinson-W.* of 3 120 " 100 222.222 462.22 " Hunt-Hawee.Gro.Co. 1 72 " 100 222.222 462.22 " J.W. Reilly 4 72' " 100, 222.222 462.22 " W.H. Coon 1 48 " 100 222.222 462.22 " Rd 3eibolO 4 48 " 100 222.222 462.22 " TOTAL FOR P110PFRTY OV NER8. . . . . . . 1,911.108 $3,975.09 TOTAL FOR CITY OF FOLT WORTH... . 44.444 92,44 TOTAL. . . . . .. . . . . ....1 ,955.552 $4,067.53 Note: The letter "T"denotes that the deeoription waa takers from the Texas Title Company's Map. " r .ry 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 herproperty above, shall be p grable as follows, to-wit; In full, within thirty dEys after the completion of the said improvement in front of the property of each re- spective owner and acceptance thereof by the said City. 3. That the 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 assessment and claim of personal liability shall be enforced, either by the sale of sash property by the officer; and in the manner, as far as applicable, as salsa are euthorized 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 o personal liability, or lien in any court having jurisdiction. d. That if any of the said property owners, against whom and whose property the assessment is hereby made, shall not pay in full when due the amount so assessed, then that the said City shall issue to the said Tarrant Construction Company, the contractor for the said improvement, assignable certifi- cates against the owners of said property so failing to pay such assessments, and against their said property, which said certifi- cates shall declare the said sums to be due and payable upon the completion and acceptance of the said work, and shall be paya- ble to the said Tarrant 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 R 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 lot and block number, or by such other description as may identify the same with reference to any other fact recited, and by the name of the owner, and if the owner is not knoun, and if the property is owned by an estate, "it will be sufficient to so stage the fact. said certificate shall provide that if the amount heron declared shall not be paid when due, that it shall be collectable with accrued interest, and with Court costs and attorney's fees, if same have been incurred, and shall recite that the proceedings with reference to such improvement have been made in compliance with the terms of the said contract of the City of Fort Worth, and that all pre-requisites to the fixing of the liens and personal liability, evidenced by such certifi- cates, 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 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 dqp osit all sums received by him on said certificates with the City Treasurer, and the City Treasurer sha ll keep the same in a separate fund, which fund is hereby designated as the EIGHTH STREET, CALHOUN 13TRERT, JONES STRERT AND GROVE STRBn, 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 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 Treasurer the amount so paid upon the presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurerle warrant for making such payment to the sand 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 certific Eta, 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 Worth shall not be liable for the payment thereof, or for say interest thereon, or for the cost of collecting or enforcing the same, but that the said Company, or holder there- of, shall have the right to collect such certificates as there- in provided by the terms of the Charter of the City of Fort Wor h and that the said City of Fort Worth shall, whenever demanded by the said Company, or holder of the 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 or enforce the lien therp- of3 8. That this Ordinance shall take effect from and after its passage. I hereby cep' 'hat he Above Pnd *nre "inF ()-dinarice was duly presented and unanimously passed and adopted by the Board of Com&is,.4cners of the City of Fort Worth at a session of ss.ia Board held TutboLay Raich 5th,1912. ,r. City Secretary.