HomeMy WebLinkAboutOrdinance 189 ORD IITAN CE N 0.�
AN ORDIlSArCE'
assessing a portion of the cost of improvenont
on South Boaz street from south property line
of Henrietta street to south property line of
East front street, against the owners of property
abutting thereon, and their property .
AW
h
BE IT ORDAI TM. BY THE BOARD OF COT-STISSIONERS OF
THE CITY OF FORT WORTH, THAT:
' 'ARERERS, on the �✓day of the
Hoard of Commissioners of said City directed the improvement
of South Boaz street from south propertyllne of Henrietta
street to south property line of East Front street, by raising,
filling, grading and paving the same, and,
AREAS, in accordance With said resolution, speci-
fications for said work were duly prepared by the City Engineer,
and adopted by said Board of Commissioners, and,
=REAS, bids for said improvement were duly adver-
tised for, as required by the City Charter, and,
4P 7FAAS, said bids were received, opendd and eon-
side red by the Board of Commtis si oners, and the bid of the
Genhrel Supply &: Construction Company, a corporation, for the
improvement for the said South Boaz Street, was accepted by the
said Board of Commissioners, and,
`r,REAS, the said General Supply & Construction Co.,
has entered into a contract with the City of Fort orth, as
prolided by the charter, for the improvement of the said street,
within the said limits, by rai sing, grading and filling the
sma, and by paving the sane with Virtirfied Brick pavement
upon a five inch gravel concrete foundation, and,
MIRFAS, the said company has executed its bonds
to the City of Fort 'forth for the construction thereof, in
accordance with the said contract, and specifications, with
such surety as required by the said City Charter, which con-
tract and bond, with the surety thereof, have been duly ap-
proved by said Board of Commissioners, and,
w
r
'7FMREAS, thereafter the City Engineer of said
city filed his written statement with the Board of Commission-
ers concerning the said improvements, and the cost thereof,
as provided by Section 8, Qap vor 14, o1 t1D Charter of the
said city, 'which statement was considered by the said Bttrd,
corrected and approved, and,
17HEREAS, thereafter the said Board diet, by resolution
of date, the ' day of 1910,
find and declare the necessity of assessing a portion of the
cost of said improvements against the owners of property
abutting thereon, and their property, and did prescribe a hear-
ing of the said owners, their attorneys, and agents, and fixed
a date therefor and did direct the said Secretary of the said
city :;o issue rzot ice of tha said hear ng r : aclvertisamezt, as
provided by the said City Charter, and also by posting said
notices as therein provided, and,
'MRREAS, in accordance with the sr-id resolution,
the said City Secretary did issue a notice of the said hearing
to the said property owners by publication thereof, foz- `--o
tine and in the manner p {ascribed by the City Charter in the
Star-Telegram a daily paper of general circulation in the
City of Fort forth, for five (5) consecutive days prior to
the sc id hearing, and did also notify the said owners of the
said hearing, by posting a copy of the slid notice to each
of them at the post office, in the City of Fort 7orth, Texas,
more than ten days prior to the date of the hearing; and,
1TrIERrEAS, the said hearing, in accordance with the
said resolution and notice, was hold by the Board of Commis-
sioners on the I v2,;_day of 1910, at o'clock
It. , at which time and place, no owners of property
e
appeared to protest the said assessment, and the benefits
' of said improvement c1576ted with the improvement of the
said SOUTH BOAZ STr'Z�"2 T.
ISOW, THERIYORE, BE IT YURT= ORDAINED BY THE
a, TO i T:
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 ovmers and their property. And said board having
considerel the evidence and it appearing therefrom that the
strict api.lication 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 imprdved, would operate
un us tIZ in is rtiou'ar, and that the a: onmen, tAzIi
assessment hereinafter made will effect substantial equality
and justice between property owners, havin!, in view benefits
received by and burdens imposed upon such owners, and said
apportionment is hereby adopted.
2.
That there is , and shall be, assesse'. against each
of the owners of property hereinbelow named, and against
+ several parcels of pro.arty of the ss id owners here-inbelow
described, as their proper pro-raga part of the cost of the
said I?Aprovements, the several sa-ms of rvmy set oppo.,,3.te
�. 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 asse -sed against
each one, and his property, being as follows, to-wit.
iRaving Asreeamsnt r ou Boax Strott, From South Property Line of Henri
atta Street to South Property Line of East Front Street.
Square Rate per
W me,. Ook.-Lot and Addition-- P?ontatim. yards. Cost. foot
W.E.i0atihbAvAt.It 1.bk.10,Alfred Vsal's..... WA 75.198 $ 154.907;1&9924
W.J. Boaz,bat. 1,Boaz SumyOlt..................241.8 809.688 - 637.918 2.8436
W.1.Boaz,It.1,bk•12,Boaz Bamnaft............. 60.0 59,166 121:991 2.4376
N. A. Perry,It.'a,bk. 2;Boaz Summit.........,. 90.0 59.166 121,881 2.4346
W.J.Boaz,it. 3,bk.1,Boaz Sumntlt....1......... 50.0 59.160 121.891 2.4376
W.i7.Boaz, It 4,bk.,2.Boaz Summit............. 60.0 59.186 121.881 2.4376
W.J.Booz,.7ts. 1,2,and 3,bk. 8,Boas Summit.,200.0 288.444 491.194 2.4569
Mrs.11d:1B.$Outer,N.W.nor.bk,*,Boaz Summit 53.0 63.600 131.106 2.4720
W. J.Boaz,'S. W. car. bk. 4,'Boaz Summit....N.106.0 127.200 262.032 2.4720
W. X. Boaz, In.48, 49 and 60, Wotrfa i& Bass.,.1120.0 1U.1100 8183"s '"Yso
W.4. Boaz,Ks. 45 and$8, Morris & Base, 100.0 119.T22 446.407 2.4569
Win.Reynolds,It.44, Morris & Bass...........-. 50.0 69.611 _=2ZJ9.8-•2.4669-
A. Rvyden,it`�Y,,'A4brri$�-BteSa.......•..�.:'441.D w69.613 P2 11& �-x'"w
- 7no. Mcplynows, It,44, Morris & Hass........ 50.0 69,166 12101 2.4376
Gee-T.100L ftL Wand 140, Morris A'Aaee..+.100.0 118.382 243.762 2.4376
-J�no. R.'.'Sfallatsn, It.16,2dlmfle 14 Bugs.......0.. 60.0 69.168 121,881 2.4371
W.Y.'$0",Its.83"to 9'7, im-,-Wbrrts See Mss...f..244.0 313.183 646.063 2.6436
'Fatal for plrollerty vwners..................... 1,03.915 $4,107.137
Total for City of-Fort 'WaffN ........... 920.649 1,996.534
'Total for Northern Texas"PAactfarl'Co.......... 8,719,576 7,662,326
Total for Tewts & Pacific F411my Co....,...... 2.580.674 5,316,188
Cry tbul .._._..._.._._................... 0,214t:814 Y8982:31i6
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 pro,%erty
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-unit.
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 ep per annum, and if not mid. when due the said as sessnent
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
nonpayment of City Taxes, as prescribed by the City Charter,
and general laws, or by suit to enforce the said claim of
personal liabilith, or lien in any court having jurisdiction.
4.
That if any of the said property owners, against
whom and his prof arty the assessment is hereby made, shall
not pay in fall when due the amount so assessed, then, t1aat
the city shall issue to the said General Supply & Construction
Company, the contractor for the said improvement, assignable
certificates against the owners of said property, so fail-
ing to pay such assessments, and against their said property
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 ppLyable to the said General Supply
r< ,
8c 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 pro, arty by number and
I
block, 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 known, and if the property
is owned by an estate, it will be sufficient to so state the
fact.
Said certificate shall provide that if the amount
herein declared shall not be paid when due, that it shall be
collectable with accrued interest, and with Court costs and
i
attorney's fees, if same have been incurrei , 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 .;orth, and that all prerequisites to
the fixing of the liens and personal liability, evidenced by
such certificates, have been perfor tsd. Said certificates
shall be exeucted by the Mayor and attested by the City
Secretary with the corporate seal . Said certificate 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 itemand for same by virtue of the said certificate,
or any independent contract to pay the sane , entered into
by the owner thereof, and shall provide that the Tag Collector
shall deposit all sums received by him on paid certificates
with the City Treasurer and the said City Treasurer shall
keep the s me in a separate fund, which fund is hereby
designated as the SOUTH BOAZ STREET SPECIAL CERTIFICATE FUND
170. 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 sRid contractor, or the holder thereof,
to endorse said payment thereon, and that the said contractor
or holder of such certificate, shell 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 treeiaurer's warrant for making such payment to the said
contractor, and that such a payment by the treasurer shall
also be receipts& for by the said holder in writing to the
said treasurer, or by the surrender of said certificate, 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 North shall not be liable for the payment the re of
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 such certificates
as theerein provided by the terms of the Charter of the City
of Fort V7orth, and that the said City of Fort Worth shall,
whenever demanded by the said company, or holder of said cer-
tificate, fully exercise this Charter power to enforce the
lien securing said certificate, and collect the same, but
shm.l not 'be liable In any nanner for failure to so collect
or enforce the lien thereof.
5.
That this ordinance shall take effect from and after
its passage .
I her ertdfy thattt e abov axu�foregoing ordinance was duly presen-
t ed ! e dA i q�the .7'oard of Commissiooners of
the of fort. Zo A at a sess 46n of said �� Id held September 13th
1910� ,��,'�,m,
Ci Vecre rya