HomeMy WebLinkAboutOrdinance 1591 FORM W.A4.4W
AN ORDINANCE !cJ
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON-----
Bg+_KN_A_P_STREE _T--_-___-_- __--_-__
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
_ --------LINE OF----------TATW$5 T...__..._........... AND ITS INTERSECTION WITH THE
l�►ST--_-_.._____LINE OF-_________RQYdL_S2'R8_______------------ AGAINST THE OWNERS OF PROP-
ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND
STEAM RAILWAYS AND THEIR PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That:
WHEREAS, Heretofore, the City Council of the said City directed the improvement
BalknAp litreat between its intersection with the_____�!ot_._.__..._line of-- .......
gU.y_loT_:8treet----with its intersection with the_____ et._..._..___line of_____ h _ -------- by rais-
ing, filling, grading, and paving the same; and,
WHEREAS, In accordance with said resolution, specifications for said work were duly prepared
by the City Engineer, and adopted by the City Council; and,
WHEREAS, Bids for said improvements Were duly advertised for, as required by the City Char-
ter; and,
WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of
test-_Texas-Construetion_CQ�? X_..........________ _____ for the improvement of the said portion of
said Street, was accepted by said City Council; and,
WHEREAS, The said..-----Mast Texas_Construction Cosgisny___has entered into a contract with
the City of Fort Worth, as proyided by the Charter,for the improvement of said street,within the said
limits by raising, grading, and filling the same and by passing the same with-----1-3nah_Camraa______-__---
�8> Aalae---------------------pavement with------64AO Concrete-----------------------foundation; and,
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and maintenance thereof, in accordance with the said contract, and specifications, with surety as
required by the said City Charter, which contract and bonds with the surety thereof, have been duly
approved by the said City Council; and,
WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the City
Council concerning the said improvements, and the cost thereof, as provided by the Charter of the
City,which statement was considered by the City Council, corrected and approved; and,
WHEREAS, Thereafter the said City Council did, by resolution find and declare the necessity of
assessing a portion of the cost of said improvements against the owners of the property abutting there-
on, and owners of street and steam railways 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 Secre-
tary 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 provided therein; and,
WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the
said hearing to the said owners and all interested parties by publication thereof, for the time and in
the manner prescribed by the City Charter, in----------------To-rt-------.--..for•th-----Record-----__------•--------Teleg--_-----ra_m•---...-•-----_...__....._..
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
City Council on the........14-----day of-------- ------- -_.............., 192---L, at----9t30---o'clock----A* M•,
at which time and place .o. _. _• t _-a.�-x- - _-M.._.. ....-... ..,.,.. . _.._._e.._.._
-- --------- -------------------.............---_-•.-......------------•-•----------------------------------------- ----•-----------
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owners, appeared to protest the said assessment and the benefits of said improvement connected with
the improvement of said portion of said street.
NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows,
to-wit:
(1) That the special benefits to each parcel of abutting property hereinafter mentioned in the
enhanced value of said property by mean of said improvements exceed in each case the amounts here-
inafter assessed against such property and the owners thereof and the said City Council having con-
sidered the evidence and it appearing therefrom that the apportionment and assessment hereinafter
made will effect substantial equality and justice between property owners, having in view benefits re-
ceived 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 hereinbelow de-
scribed and against the owneiSthereof as their proper pro rata part of the cost of the said improve-
ments, the several sums of money set opposite the description of the respective parcels of,property.
The name4of the said owners, as far as known, and descriptions of the parcels of property, and the
total amount in money hereby assessed against each parcel of property and the owner thereof being as
follows, to-wit:
Pavj,ng Assessment for BELKNAP STREET, from the West line of
Taylor Street to the East line of Royal Street ------ Fort Worth,
Texas.
,Oontraci Awar e : -2 . Fr Ice Bid.
Contractor: West Texas Const.Co. Pavement, per sq.yd.---$2.20
Pavement:2"Coarse Aggre.Bit.Cono. Curb, per lin.ft.------ .35
Ginter, per sq.ft.----- .�21
For Earth Excavation, per cubic yard ----------------- ---
For For Rock Excavation, per cubic yard - - - ---- -- - -1.50
RATZ PER Tom
.�':A. to .LOT M. &MTI4H - FXJ2, JIT.FT, �..�
Minnie G.White--The north 60-ft.of Lot 1,
B1k.57,Original City Addition,be-
ing the same property as described
in Deed recorded in Volume 229,
Page 624 of the Deed Records of
Tarrant County, Texas. 100-ft. $2.90649 $290.65
R.D. Talbott &
Elizabeth Talbott--The east 45-ft.of Lot
2, B1k.57, Original City Addi-
tion,being the same property as
described in Deed recorded in
Volume 154, Page 593 of the Deed
Records of Tarrant County,Texa .
�+5.-ft. ° 130.79
R.D. Talbott &
Elizabeth Talbott.--The west 55-ft.of Lot
2,B1k.57,Original City Addition,
being the same property as des-
cribed in Deed recorded in Vol-
ume 201, Page 439, of the Deed
Records of Tarrant County,Texas.
55--ft. " 159.96
William Bryce,
W.R. Bennett &
D.O. Modlin-----Lot 1, Blk.59, Original
City Addition 100-ft. " 290.65
W.S. Kemble-----The east 0-ft.of Lot 2,
B1k.59,Original City Addition,
being the same property des-
cribed in Deed recorded in Vol-
ume 619, Page 33 of the Deed
Records of Tarrant County,Texas.
50_ft. rr 145-32
Mrs. S. Murrin,
(widow),John Murrin &
Steve Murrin -The west 50-ft.of Lot 2,
Blk.59,0riginal City Addition,
being the same property described
in Deed recorded in Volume 759,
Page 306 of the Deed Records of
Tarrant County, Texas. 50-ft. " 145.32
Mattie Shaw,
(feme sole)--- -The east 50-ft.of Lot 1
B1k.24,Original City Addition-�O_ft. " 145.32
Chas.Bender &
Zenobia G.Bender--The west 50-ft.of Lot
1,B1k.24,Original City Addition,
being the same property described
in Deed recorded in Volume 997,
Page 523 of the Deed Records of
Tarrant County, Texas. 50-ft. " 145.32
J. Hurwitz &
Rebecca Hurwitz---The east 50-ft.of Lot 2,
B1k.24,Original City Addition,
being the same property described
1n Deed recorded in Volume 959,
Page 429 of the Deed Records of
Tarrant County, Texas. 50-ft. " 145.32
f2 BELI NAP STREET - contd.
RATE PER TAL
N A M E LOT BLIP. 2 DDa 71I0N 'F7I7G. FP?T.FT. COST
J. aohnan &
P. Ellis----------The west 1/2 of Lot 2,
B1k.24,0riginal M ty Addition,being
the same property described in Deed
recorded in Volume 905, Page 231 of
Deed Records of Tarrant County,Texae---50-ft,$2.g0649 0145.3;�
R.C. Armstrong,Sr.---Lot 1, Block "C",
Feild's Hillside Addition. 100-ft, " 290.6-
Paschall De Walch--The east 50-ft.of Lot
2,Blk "Cn Feild's Hillside Addition-- 50-ft-
Paschall " 145.;
Paschall De l,alc�-The west 50-ft.of Lot
2,Blk."CR,Feild's Hillside Addition-- 50-ft- " 145.32
Paschall De Walch--The north 50-ft.of the
east 100-ft.of Blk."D", Feild's
Hillside Addition. 100-ft. " 290.65
Saaah Cohen Rosenberg &
Samuel Rosenberg--Lot 7, Blk."D", Feild's
Hillside Addition,being the same
property described in Deed recorded
in Volume 463, Page 160 of the Deed
Records of Tarrant County, Texas---- 54-fig. " 145.32
A. Gordon Estate,
S.A.Friedman, Rosa
Gladys Friedman,
Nathan Landau,
Bessie Landau,
Nettie Davis, H.
Davis, Gertrude
Levine, Agar Levine
& all other unknown
heirs of A. Gordon,
deceased-----------The west 50-ft. of the
north 100-ft. of Blk."Dn, Feild's
Hillside Addition,being the same
property described in Deed recorded
in Volume 509, Page 304 of the Deed
Records of Tarrant County, Texas----- 50-ft. 145.3"
Estate of Jennie B.
Kern, Mary Kern &
other unknown heirs
of Jennie B. Kern,
deoeaeed�-_--------Being a tract of band
75,5-ft. by 14!-ft. ,located at the
northwest corner of W.Belknap St.&
Taylor St. ,and fronting 75.5-ft.on
the north side of Belknap St. and
extending in depth 140-ft.,Land 500
Addition. 75.5-ft. " 219.44
G.W. Haltom------—Being a tract of land
51 b7 212.5-ft.,located 75.5-ft.
west of the northwest corner of W.
Belknap St.& Taylor St.,and front-
ing 51-ft.on the north side of
Belknap Stand extending in depth
212.5-ft.,Land 500 #4dition. 51 ft,
G.W. Haltom--------Being a tracU of land
14( ft, by 300-ft,,located 197-ft.
east of the northeast corner of W.
Belknap St.& Burnett St.,and front-
ing on the north side of W.Belknap
St.140-ft.and extending in depth
300-ft. , Land 500 Addition. 14o-ft. " 406.a
Annie M. Edwards,
widow ------- ----Being a tract of land
42.5-ft.by 145.-ft. ,located 154.5-ft.
east of the northeast corner of W.
Belknap St.& Burnett St and fronting
42.5-ft.on the north side of Belknap
St.& extending in depth 145-ft.,Land
500 Addition,being the same property
described in Deed recorded in Volume
239, Page 260 of the Deed Records of
Tarrant County, Texas. 42.5-ft. " 123.53
3 -- BELKNAP STMT - contd. MY
N A M E ?SOT BLK. ADDITION FNTG. FNT.FT. COST
John W. Donahue Being a tract of land
42.5-ft. by 145-ft.,located 112-fto
east of the northeast corner of W.Belknap
Stand Burnett St.& fronting 42.5-ft.on
the north side of W.Belknap St.& extend-
ing in depth�145-ft. ,Land 500 Addition,
being the same property described in Deed
Records of Tarrant County, Texas. 42.5--ft.$2.90649 $123,53
J.T. Feild--------Being a tract of land
52-ft.by 100-ft.,located 50-ft.east of
the northeast corner of Burnett Sty &
W.Belknap St. & fronting 52-ft.on the
north al-de of W.Belknap St.& extending
in depth 100-ft. ,Dand 500 Addition .jj2-ft. " 151.14
J.H. Luther &
Amelia C. Luther--Being a tract of land 50-ft.
by 100-ft.,located at the northeast
corner of Burnett St.& W.Belknap St.&
fronting 50-ft.on the north side of
Belknap St.& extending in depth 100-ft.,
Land 500 Addition, being the same prop-
erty described in Deed recorded in Vol-
ume 206, Page 372 of the Deed Records
of Tarrant County, Texas. 50-ft. 145.32
M.J. Chicotsky----Lot S, Blk."G", Feild's
Hillside Addition,being the same prop-
erty as described in Deed recorded in
Volume 693, Page 345 of the Deed Re-
cords of Tarrant County, Texaai 50•-ft. " 145,32
Kate Brown, widow-Being a, tract of land 50-ft.
by 100-ft. ,located 50-ftivest Of the
northwest corner of Burnett St.& W.
Belknap St.& fronting 50-ft.on the north
side of W.Belknap & extending in depth
100-ft.,Feild's Hillside Addition, and
being the same property described in Deed
recorded in Volume 215, Page 91, of the
Deed Records of Tarrant County, Texas--50-ft. " 145.32
J. Hurwitz &
Rebecca Hurwitz---Being a tract of land 28-ft.
by 130-ft.,located 68-ft.east of. the
northeast corner of Cherry St. & W.
Belknap St. & fronting 29_-ft.on the north
side of W.Belknap St.& extending in depth
130-ft. ,Feild's Hillside Addition, being
the same property described in Deed re-
corded in Volume 405, Page 539 of the
Deed Records of Tarrant County,Texas---2B-ft. " 81.39
J. Hurwitz &
Rebecca Hurwitz---Being a tract of land 33-ft.
by 96-ft. ,located 35-ft.east of the
northeast corner of Cherry St.& West
Belknap St. & fronting 33-ft.on the
north sic:e of W.Belknap St.& extending
in depth 66-ft. ,Feild's Hillside Addi-
tion, being the same property described
in Deed recorded in Volume 554, Page
195 of the Deed Records of Tarrant
County, Texas 33-ft. " 95.91
ffi. R4P BTR nowtd.
LOT BLE, FXT- XT 470 T
Gallie James, wi w ,
J.Hurwitz &
Rebecca Hurwite----Being a tract of land
35-ft. by 86-ft.,located at the north,
east corner of Cherry St.& W.Belknap
St.& fronting 35-ft.on the north side
of W.Belknap St. & extending in depth
86-ft. ,Feild's Hillside Addition—— 35-ft-$2.go649 $101.73
J.T. Feild,-------All of Block "F", Feild's .
Hillside Addition. 200-ft. " 581.30
Lennie E. Loving.,
(widow)-----------Lot 4, Block "E", Feild's
Hillside Addition. 100-ft. " 290.65
Lennie E. Loving,
(widow)-----------The east 50-ft.of Lot 3,
Block "E",Feild's Hillside Addition--50-fto " 145.32
Lennie E. Loving,
(widow)-----------The west 50-ft.of Lot 3,
Block "E",Feild's Hillside Addition--50-ft. " 1 2
TOTAL COST TO PROPERTY OWNERS --------------------------- ,95
TOTAL COST TO CITY OF FORT WORTH --------------------- 900.00
-
GRANDTOTAL -------------------------------------------- 5
FORM Noy,14--Condnued.
That the amount set opposite the description of property above 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 owner, and assessed against his or her property, above, shall be payable as follows, to-wit:
In six equal installments, one payable within 30 days after the date of completion of said work
and its acceptance by the City, and the remainder in five equal annual installments thereafter,provided
that said owners shall have the right to discharge any installment before maturity by payment
thereof with accrued interest. That default in the payment bf any installment of principal or inter-
est upon said assessments when due as herein provided shall at once mature the whole amount there-
of, both principal and interest, which shall at once become collectible without notice.
(3) That the said assessments shall bear interest from the date of the said completion and ac-
ceptance at the rate of 8 per cent per annum, payable annually, and if not paid when due the said as-
sessments and claims 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 the City shall issue to-the said contractor, for the said improvement assignable certifi-
cate4against said property and the owners thereof, which said certificates shall declare the said sums to
be due and payable in installments as herein provided after completion and acceptance of said work,
and shall be payable to the said contractor, 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 (87o) per annum, payable annually, 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 recited, 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 or any installment of principal
or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with
accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite that proceedings with reference to such improvements have been made in compliance with
the terms thereof and 'the Charter of the City of Fart Worth, and that all prerequisites to the ;fix-
ing of the liens and charge of 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 City Assessor and Collector
of the City, who shall issue his receipt for payment thereon, which 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 of property therein described, and shall provide that the City Assessor and
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------
BhLKti1F- -----
BMi7rd----
-------- ---------------------------------------CERTIFICATE FUND No.—---—-.---, and that
whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation by the said contractor, or the holder thereof,to endorse said payment there-
on, and the contractor or holder of such certificate shall be entitled to receive from the City Treas-
urer the amount so paid upon presentation of the said certificate, credited with the amount paid there-
on, and that said endorsement 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 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. That said certifi-
cates may be issued, with coupons thereto attached evidencing the several installments of principal
and interest thereof, which coupons shall be executed and attested by the Mayor and City Secretary as
are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at-
tached to said coupons may be facsimile signatures stamped,engraved or printed thereon. Upon pay-
ment of any installment evidenced by a coupon, such coupon shall be credited by the City Assessor and
Collector and surrendered to the City Treasurer as herein provided.
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 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 Aid City of Fort Worth shall,whenever
demanded by the said Company, or holder of said certificates, fully exercise its charter power to en-
force the lien securing the said certificate, and collect the same, but shall not be liable in any manner
for failure to so collect or enforee the lien thereof.
(5) That this ordinance shall take effect from and after its passage.
ORDINANCE
No.
Tide
7- - -
Date -- — -- = -
rf
F day of
r
r . City Secretary.