HomeMy WebLinkAboutOrdinance 891 f
FORM No. 14.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.... A. R(A-_AY8i9t11...�_ ----
IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE DOME
LINE OF......CAW B.QW;9_._BQU_ AND ITS INTERSECTION WITH THE-M4Z........_
LINE OF................_RE-MA.M ........__...__ ...__, AGAINST THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL-
WAYS AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS,That:
,%Uwe WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of
--•---.......--_lfatRwa_Avsnus...............................between its intersection with the......_99 h............line of...C4zQp.._$.OW1.fl
laRVI4W.L.rd...............with its intersection with the........-......._............line of......._...._....._..__._..
Weet Rita......_r...._._..__._........_, by raising,
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 Board of Commissioners;and, '
WHEREAS,Bids for said improvements 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......._R._TZXAS OOKSTRUCTION COMPANY - for the improvement of the said portion of
said Street, was accepted by said Board of Commissioners; and,
WHEREAS, The said....._TA.Ht_...T*X4s......pna-t R AAA--CoTNLr.7._.._.......has entered into a contract with
the City of Fort Worth,as provided by the Charter,f or the improvement of said street, within the said
limits by raising,grading,and filling the same and by paving the same with .—
ll�x'1c' XIt_e.._Bitulithio-----------------------pavement with........._.._(A..1.9 .e.0.._....................._......_......._-.foundation; and,
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and mairteannce thereof, in accordance with the said contract,and specifications, with surety as re-
quired by the said City Charter,which contract and bonds with the surety thereof, have been duly ap-
proved 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 S,Chap-
ter 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 find and declare the necessity of assess-
ing a portion of the cost of said improvements against the owners of the property abutting thereon, 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 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 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 man-
ner prescribed by the City Charter, in................
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......._�h__.—_day of--Jgn! ?Y._..., 192-__j, o,clock._._..._A _ Bey
at which time and place
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 Board of Commissioners, as
follows, to-wit:
(1) That the benefits to each parcel of abutting property of each owner hereinafter named by the
enhanced value of said property exceed in each case the amounts hereinafter 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 rule or plan, whereby each owner is to be assessed in propor-
tion as the frontage of his property is to the whole frontage improved,would operate unjustly in particu-
lar cases and that the apportionment and assessment hereinafter matte 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 each of the owners of abutting property hereinbe-
low named,and against the several parcels of property of said owners hereinbelow 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 property. The name of the said owners,and descriptions of the prop-
erty of each,and the total amount in money hereby assessed against each one, and his property, being as
follows,to-wit:
Contra.ot livarded: Dec. 26th--1922 Price Bia
Contrmotbr: West Texas Cotatruotion Co.
Pavement-, Waarrenite -Hitu�t t- is, Curb, Liu. 45
24" 04ttor, S.q.tt.- .271
Combined G'ur`h & Gutter, Lin. ft- -• -- 1.00.
Earth Exoavat- ion, per ou.yd.-------- .90
Rack Exod_v_%t-i=.,...per .ou+pa.-*=-- �-3.50
Paving Assessment for WATONGA AVME, Irom. the South
liw of aamp_Bowie Boulevard to the West
lire p Reika Av_ anus._._
__— RATu PER TOTAL
ALL ADDITION_MG. -FNT. AFT. COT --
J.W.Draughon-E.54.91 of 1 5 RIUMST 1831- 06.1"26 940.07
Clover Lend Comwazy- 19 5 ° 175.81
Clover T-SMA Cbv�paaay 1 8 " 238.61 " 1465.41
Clover Land Cozpany 2 @ " 73.bi " 451.60
Clover Land Company 3 " 71.7' " 440.54
Clover Land Company 4 R n 59.31 " 364.35
Clover Lazd Company 5 8 " 130.71 " 803.05
Clover Land Cry 10 1 n 1.40' " 860.20
Clover Land. OozWazy 9 7 " 83.9+ It 615.50
Clover Land CoMany 8 7 " 60.31 it 370.50
Clover Laud Company 7 7 ° 60.21 " 369.88
Clover Land Oompany G 7 " 601 " 368.66
Clover Land CozTmy 5 7 " 197,51 " 1213.49
Clover Land Company 11 6 " 177' . +' 1087.63
Olover land Company 10 6 " 154' " 946.22_
TOTAL COST TO PROPERTY ORS------- --=- ` ,2Wa
TOTAL C�ST 'TO CITY OF FORT WORTH,--------- 5rJo.
GIZI 'D TOTAL------;�11,T75 93
W
FORM No. 14—Continued.
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 owner, and assessed against his or her property, above, shall be payable as
follows,to-wit:
In three equal installments, one payable within 30 days after the date of completion of said work
and its acceptance by the City, one within one year, and one within two years from said date of ac-
ceptance,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 of any installment of principal
r or interest upon said assessments when due as herein provided shall,at the option of said contractor,
or other legal owner and holder of said assessments,at once mature the whole amount thereof,both prin-
cipal 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 accept-
ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessments
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 assign-
able certificate against the owners of said property, and against their said property, which said cer-
tificates shall declare the said sums to be due and payable in installments as herein provided after comple-
tion 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 (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 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 ac-
crued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite the proceedings with reference to such improvements as have been made in compliance
with the terms thereof and the charter of the City of Fort Worth, and that all prerequisites to the fiK
ing of the liens and personal liability, evidenced by such certificates, have been performed. Said cer-
tificates 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 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 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..._..._WAT.0 ,AVLVS............._.
CERTIFICATE FUND No.. ......_.., and that whenever any payment may be made to the Tax Collector
upon such certificate, it shall be -his duty on presentation by the said contractor, or the holder
thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall
be entitled to receive from the City Treasurer the amount so paid upon presentation of the said
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 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 certificates may be issued, with coupons thereto attached evi-
dencing the several instalments of principal and interest thereof, which coupons shall be excuted and
attested by the Mayor and City Secretary as are said certificates under the terms hereof,but the sig-
natures of said Mayor and City Secretary attached to said coupons may be facsimile, signatures
stamped, engraved or printed thereon. Upon payment of any installment evidenced by a coupon, such.
coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein
provided. t
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 said City of Fort Worth shall, whenever
demanded by the said Company,or holder of said certificates, fully exercise its 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 this ordinance shall take effect from and after its passage.
�. FORM NO.13. a
NOTICE OF A HEARING TO PROPERTY OWNERS ONWAT01(2AA--A.V=..........IN THE CITY
OF FORT WORTH,BETWEENAMP... UIZ--BOU EV_AF-and.. X1U..AV..T?il'TUFi......................
CONCERNING THE IMPROVEMENT OF THE SAID STREET AND THE ASSESSMENT OF
THE PART OF THE COST OF THE IMPROVEMENT THEREOF AGAINST OWNERS OF
PROPERTY AND THEIR PROPERTY ABUTTING ON SAID STREET. SAID HEARING TO
BE HELD BEFORE THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH
ON-Mt21---DAY OF.......JANAM...._.............192..1L...
WHEREAS, The Board of Commissioners of the City of Fort Worth have passed the following
resolution, to-wit:
BE IT RESOLVED By the Board of Commissioners of the City of Fort Worth: That,
WHEREAS, Heretofore on the--,5$11........day of----DOQl0OX..............1922.,the Board of Commis-
sioners of the said City,by resolution,'directed the improvement of--W!>t,.RA9A#.AV.0AM*................... as
above described, by raising, filling, grading, and paving the same; and
WHEREAS, in accordance with said resolution,specifications for the said work were duly prepared
by the City Engineer and adopted by the Board of Commissioners; and
WHEREAS, Thereafter in accordance with the City Charter, said bids were received, opened, and
considered by the Board of Commissioners, and the bid of theWB.B-t---Tazad...G w.tr clijan...Co.9
for the improvement of the said street, was accepted by the Board of Commissioners; and
WHEREAS, The said improvements consist of improving the said street within said limits, by
raising, grading and filling the same, and by paving the same with-A&T APAt-Q-_$itul1tNO...._....
pavement; and
WHEREAS,The-.5091.16 .... QA8t;t1¢t10] _AQ!t.has entered into contract with the City
of Fort Worth for the construction of said improvements, which contract has been duly approved by
the Board of Commissioners and executed as required by the City Charter, and the said_---.---------------
..........beat.Term ConatruatlOA COmpe.ap executed with approved security, and filed with the
--....- - ----- -------
said Board of Commissioners, bonds for the construction and maintenance of said work in accordance
with said resolution, specifications and contract, which bonds have been duly approved by the said
Board; now,
THEREFORE, Be it further resolved by the said Board of Commissioners of the City of Fort
Worth, as follows, to-wit:
(1) That a necessity exists that a portion of the cost of said improvement shall be assessed
against owners of property abutting on said street named to be improved, and against their property
in accordance with the Charter of the said City, and the said Board does hereby declare such necessity.
(2) That the total estimated amount of the cost of paving of.-W6215 ---&TO.=*..----.----, as re-
ported by the City Engineer is the sum of$11.57.0.--_.---, that the names of the property owners
against whom and whose property such asBeSsmenf is'proposed to be made and the total amount, and
amount per front foot, which is proposed to be assessed against such property owners is as follows,
to-wit:
T
4 "+
Coutraot Awarded: Dec. 26th-1922 Price Bi$
Contraotbr: West Texas C'onstruation Co. Pave;aent i Sq.Yd----- .18
Pava'nent: Wartenite Bit-u llt!.40. Curb, Lia. ft------ .45
24" Gutter, Sq.ft.- .z7*
Combined. Curb & Cutter, Lin. ft.----- 1.00.
Earth Exoavatiot, per du..yd---------- .90
look ExoaVati=,_per
Paving Aeseasme:at for WATOYGA AYFMM ftroa to South
Iif Bowie Emlavasd to tho Vb#t ilho of 1tika R yams.,
RATE PE T Ct TI,
N, A M x+ LOT .SM _ ITIOX_ bgTG. _FNT. F`!t. 00 T ,
J.W-Draugbort-E.54.9' of 1 5 Hmoun 1631 06.14426 $940.07
Clover sand Cortoazx - 19 6 " 175.61 " 1078.93
Clover Land Cor4)aay a.. 8 " 238.b1 " 1465.41
Clover Land Corpaay a 6 " 73.5r a 451.60
Clover Land Oosapany 3 t 11 71.71 " 440.64
Clover Land Oompazy 4 $ " 69.31 1f 364.35
Clover Land Oompana 5 B " 130.71 " B03.05
Clover Land Company 10 7 " .1401 " 860.20
Clover Lan$; Compa y 9 7 " am, " $1.5.50
Clover Land OwTany- 8 7 " 60.31 " 370.60
Clover Land Caivany 7 7 " 60.21 " 389.88
Clover Land CorVany 0 7 " 601 " 368.66
Mzver Laud Company 5 7 " 1911,51 " 1213.49
Clover Land Conpany 1.1 6 " 1771 . " 1087.53
Mover Land Coagpaal 10 6 " 1541 It 946.d2 _
TOTAL COST TO PROPERTY 0 w RS---------- 76.93
TOTAL CCST i00 CITY OF FORT MRTH---------- 300.00
C-RAND TOTAL------v11,5'i 5.9
I
FORM NO.13—Cored
(3) That the portion of the cost of such improvement which may be assessed against such
property owners and their property and owners of street and steam railways and their property re-
spectively shall be assessed by ordinance of the said Board of Commissioners, passed after notice to
such owners,and other interested parties,and a hearing to them,and the said amounts,when so assessed,
shall constitute a lien against the property of the said owners in accordance with the terms of the City
Charter, and shall be declared to be a personal liability of the said owners in accordance with the said
Charter. That the said assessment against owners of property abutting said street and their property
shall be made according to the front foot rule in proportion as the frontage of the property of each on the
said street is to the whole frontage to be improved,provided that if in the opinion of the Board of Com-
missioners this rule of apportionment shall be found to be unjust or unequal in any respect then that
the said Board of Commissioners shall adopt such rule of apportionment as shall be found to be
equal, considering the equities of the various property owners and the benefits to their property, and
the burdens imposed by the assessment, and provided that no assessment against any owner or his prop-
erty shall be made in excess of the enhanced value of the said property by means of said improvement.
(4) That a hearing shall be given to the said owners of abutting property and street and steam
railways,and to all others having any interest in or claim or lien against such property, their agents or
attorneys,which shall be held at the City Hall,in the City of Fort Worth, in the Commission Chamber,
being the regular place of meeting of the Board of Commissioners,on the.101th-----day of..J&UU&.ZY
....................192D...., at.2__.A*_M., at which time and place said owners,and other interested parties, their
agents,or attorneys,are hereby notified to be and appear, and at which time and place a hearing will
be given to them concerning said proposed assessments and concerning the benefits of any of the said
improvements to their property and concerning all the said proceedings with reference to the said im-
provements, or any invalidity or concerning any matter or things whatsoever in connection with said
improvements or assessments, at which hearing the said property owners, and others interested, may
appear in person or by their agents or attorneys and present their objections, if any, to any matter or
thing concerning the said assessments or proceedings and may present any evidence which they may de-
sire concerning same;that said hearing shall be continued and adjourned from day to day and from time
to time until all property owners, and persons interested,and all matters in connection with any protest
or objection of said property owners shall be fully heard and disposed of.
(5) That the City Secretary of the City of Fort Worth is hereby directed to give notice of said
hearing by publication in..The...Part... ________________ __ a newspaper, being a daily paper
of general circulation in the City of Fort Worth,by publishing these resolutions for five (5) successive
days prior to said hearing and by mailing copies hereof by registered letter, deposited in the postoffice
and addressed to each owner, if known;if not known, then to the address of his agent or attorney, if
known. Said letters shall be posted at least ten days before said hearing,but notice of said hearing by
advertisement in said newspaper shall be conclusive and binding, said service by letter being only
cumulative.
(6) That this resolution shall take effect from and after its passage.
All owners of said property, and all others interested therein,their agents,or attorneys are there-
fore notified to appear at the time and place mentioned in above resolution, at which time and place a
hearing will be given them concerning all the matters set forth in said resolution.
Witness my hand this,A .......day of.......`T 'I........_ 192A.___.
........................................................................._......
___ _ City Secretary, City of Fort Worth.
ORDINANCE
Date
Filed day of
192�_
City Secretary