HomeMy WebLinkAboutOrdinance 2091 ORDINANCE NO. Z�L
AN ORDINANCE ASSESSING A PORTION OF THE COST OF DA_
PROVEMT ON SEVENTH STREET FROM THE FAST LINE OF
LAMM STREET TO THE WEST LINE OF COM MCE STREET,
SIGHTS STREET FROM THE EAST = OF THROCKMORTON
STREET TO THE VMT LINE OF COMMERCE STREET, NINTH
STREET FROM THE EAST LINE OF THROCKIORTON STREET TO
THE WEST LINE OF COM MCE STREET, AND TENTH STREET
FROM THE WEST LINE W MONROE STREET TO THE WEST LINE
OF HOUSTON STREET, IN THE CITY OF FORT VNOtTH, TESAS,
AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF.
WHEREAS, heretofore the City Council of the City of Fort Worth
directed the improvement of Seventh Street from the east line of Lamar
Street to the west line of Commerce Street, Eighth Street from the east
line of Throckmorton Street to the west line of Commerce Street, Ninth
Street from the east line of Throekmorton Street to the west line of Com-
merce Street, and Tenth Street from the west line of Monroe Street to the
west line of Houston Street, in the City of Fort Worth, Texas, by remov-
ing all fill material in a3dsting street car trenches and certain por-
tions of existing curbs, gutters, sidewalks and wearing surface, and by
raising, filling, grading and paving the same; and,
WHEREAS, in accordance with said resolution, specifications for
said work were duly prepared by the Director of Public Works and adopted
by the City Council, and,
*MEAS, 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 City
Council, and the low bid of the General Construction Company for the im}-
prnvement of said streets was accepted by said City Council; and,
WHEREAS, the said General Construction Company has entered into a
contract with the City of Fort Worth, as provided by the Charter, for the
improvement of said streets within the said limits by paving the same with
brick and asphalt pavement; and,
WHO.EAS, the said contractor has executed 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 bonds with the surety thereof have
been duly approved by the said City Council; and,
MHERW, thereafter, the Director of Public Works of said City
filed his written statement with the City Council concerning the said im-
provements and the cost thereof, as provided by the Charter of the City,
which statement was considered by the City Council, corrected and approved;
and,
9HEFCFAS, thereafter the said City Council did, by resolution, find
and declare the necessity of assessing a portion of the cost of said im-
provements against the owners of the property abutting thereon, and did
prescribe a hearing of the said owners, their attorneys and agents, and
fixed a date therefor, and did direct the Secretary of said City to issue
notice of said hearing by advertisement as provided by said City Charter,
and also by posting said notices as provided therein; and,
WHEUM, in accordance with said resolution, the City Secretary
did issue a notice of said hearing to said owners and all interested par-
ties by publication thereof for the time and in the manner prescribed by
the City Charter, in The Star-Telegram, a daily paper of general circula-
tion in the City of Fort Worth, for five (5) consecutive days prior to the
said hearing, and did also notify the said owners of said hearing by post-
ing a copy of said notice to each of them, at the post office, in the City
of Fort ➢forth, Texas, more than ten days prior to the date of the hearing;
and,
VffMtEAS, the said hearing, in accordance with said resolution and
notice, was held by the City Council on the 20th day of November, 1940, at
10:00 o'clock A. M., at which time and place no owners appeared to protest
the said assessment and the benefits of said improvements connected with
the improvement of said streets; NOW, THMMORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT VOR.TH, TEW:
SECTION 1.
That the special benefits to each parcel of abutting property
hereinafter mentioned, in the enhanced value of said property by means of
said improvements, succeed in each case the amounts hereinafter assessed
against such property and the owners thereof, and the said City Council
having considered the evidence, and it appearing therefrom that the appor—
tionment 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, said apportionment is hereby adopted.
SECTION 2,
That there is, and shall be, assessed against the several parcels
of property hereinbelow described, and against the owners thereof as their
proper pro rata part of the cost of the said improvements, the several sums
of money set opposite the description of the respective parcels of property;
the name of the said owners, as far as known, the descriptions of the par-
cels of property, and the total amount in money hereby assessed against
each parcel of property and the owner thereof being as follows, to wit:
PAYING ASSESSMENT FOR CROSS STREETS
IN THE BUSINESS DISTRICT
Contract Awarded: November 6, 1940
Contractor: General Construction Co.
Pavement: 2JM Vertical Fibre
Paving Brick and Hot Mix
Asphaltic Concrete
PRICE BID
4.2 For Unclassified Track Trench Excavation, per cu. yd., $ 0.50
9.6b For Demolition of Existing Curbs, per lin. ft., 0.05
9.6c For Demolition of Existing Gutters, per sq. ft., 0.05
9.7a For Demolition of Existing Concrete Base, per sq. yd., 0.24
9.7b For Demolition of Fxisting Sidewalks, per sq. ft., 0.04
9.8 For Removing Existing Asphalt Surface, per sq. yd., 0.Oe
9.9a For Removing Existing Brick Surface, per sq. yd., 0.25
20.1 For New 2J" Brick Surface, per sq. yd., 1.26
20.2 For Salvage Brick Surface, per sq. yd., 0.50
20.3 For Sand-Asphalt ]elastic Cushion, per ton, 3.50
23.3 For Standard Comb. Curb & 12" Gutter, per lin. ft., 0.60
23.4 For Standard Concrete Gutter, per sq. ft., 0.30
25.2 For Standard Concrete Sidewalk, per sq. ft., 0.16
26.1 For Concrete for Repaving Existing Base, per cu. yd., 6.00
27.1 For Concrete Excavation for Conduit
Trench, per lin. ft., 0.02
27.2 For lfff Galvanised Conduit in place, per lin. ft., 0.20
27.3 For 1 Galvanised Conduit in place, per lin. ft., 0.25
27.4 For 2" Galvanized Conduit in place, per lin. ft., 0,31
27.5 For Concrete Pull Manhole, each 40.00
19.3 For Hot Mix Asphaltic Concrete, per ton, 7.50
19.5 For Hot Mix Asphaltic Concrete, per sq. yd., 0.75
SEVENTH STREET FROM LAMAR STREET TO CONNERCE; STREET
FOOT RATS PER TOTAL
NAIM LOT BLOCK ADDITION FNTG. FRT. FT. _ COST
Electric Properties,
Inc. 3 & 7/101
adj. same
on the
south 105 City 100 $3.00 $300.00
Carter Publications,
Inc. 4 105 " 100 3.00 300.00
Worth Properties, Inc. 3 106 " 100 3.00 300.00
Fort Worth Building
Corp. 4 106 " 100 3.00 300.00
SEVENTH STREET (CONTINUED)
FOOT RATE PER TOTAL
NAME LOT BLOCK ADDITION FNTG. FRT. FT. COST
E. E. Bewley, Lurray P.
Bewley & Lfazie Bewley
Smith, each 1/3 undivided
interest 10 107 City 100 $4.00 $400.00
Continental Nat'l. Bank 1 107 " 100 4.00 400.00
First National Bank 1 108 It 100 4.00 400.00
Fort 'North Nat'l. Bank 9 108 it 100 4.00 400.00
Commercial Standard Ins.
Company 1 109 it 100 4.00 400.00
Interstate Circuit, Ino. 9 109 It 100 4.00 400.00
Charles W. Seibold, Ted
Seibold & George W.
Seibold, Jr., each owner
of a 1/3 undivided interest lb 112 it 100 4.00 400.00
John Scharbauer, owner of
1/2 undivided interest;
W. C. Stonestreet, owner
of 1/4 undivided interest;
et Eusebia S. Stonestreet,
owner of 1/4 undivided in-
terest 8 112 " 100 4.00 400.00
Genevieve Tillar, owner
of 1/2 undivided interest;
Lilla Glenn, owner of
35,77% of 1/2 undivided
interest; Antoinette
O'Conner, owner of 33.20%
o£ 1/2 undivided interest;
W. T. Simmons, owner of
10.44% of 1/2 undivided
interest; & Tillar Fidelity
Co., Trustee for J. Garland
Tillar Trust, owner of
20.59% of 1/2 undivided in-
terest lb 113 " 100 4.00 400.00
Harry T. h'oore, Bishop of
the Protestant Episcopal
Church of the Diocese of
Dallas, Texas, and succes-
sors in office 8 113 It 100 4.00 400.00
Seventh Street Realty Co. 1 5 Hirschfield 100 4.00 400.00
Fort Worth National Bank,
Trustee for Annie A.
Ellison 9,10,11,
12 5 if 100 4.00 400.00
Fair Building Corp. 1 & an 18'
alley adj.
same on the
west 7 It 103 3,00 309.00
SEVENTH STREET (CONTINUED)
FOOT RATE PER TOTAL
NAME LOT BLOCK ADDITION FNTG. FRT. FT. COST
Southern Loan &
Investment Company W.100' of
Lot 10
(Texas Title
Co. Sap) 7 Hirschfield 100 $3.00 $300.00
Southland Life Ins.
. Company 1 6 " 75 3.00 225.00
Anderson Burney Build-
ing Company 5 6 a 125 3.00 375.00
TOTAL COST TO PROPERTY 0'' IERS 2003 L. F. $7,209.00
TOTAL COST TO CITY OF FORT WORTH -114.03
TOTAL CONTRACT t7,323.03
EIGHTH STREET, FRO.: THROCFIERTON STREET TO COIDIERCE STREET
FOOT RATE PER TOTAL
NAME LOT BLOCK ADDITION FNTG. FRT. FT. COST
Home Building & Loan Assn. 16 5 Hirschfield 100 0.40 040.00
W. T. Paggoner Trust Est. 8 5 " 100 3.40 340.00
Century Life Ins. Co. 1 113 Cry 100 4.00 400.00
Estate of J. Z. 'meat &
Virginia S. Wheat, each
an undivided 1/2 interest 9 113 " 100 4.00 400.00
Citizens Hotel Company 1 & 9 112 " 200 2.40 480.00
H. H. Morse & Mark
�AcMahon, Executors of
Est. of Elizabeth Scott 8 & 16 115 " 200 2.40 480.00
Winfield Scott 16 114 " 100 4.00 400.00
National Life & Accident
Ins. Co., of Nashville,
Tenn. 8 114 " 100 4.00 400.00
Mazie B. Smith (her
separate property) 1 8 Hirschfield 95 3.40 323.00
Mary Louise Phillips E.25' of
& D. B. Trammell, each W.95' of
owner of undivided 1/2 N.100' of 8 " 25 3.40 85.00
interest
John Scharbauer, owner W.70' of
of 1/2 undivided in- N.50' of 8 " 70 3.40 238.00
terest; 'id. C. Stone-
street, owner of 1/4
undivided interest; &
Eusebia S. Stonestreet,
owner of 1/4 undivided
interest
TOTAL COST TO PROPERTY O,INERS 1190 L. F. $¢3,886.00
TOTAL COST TO CITY OF FORT WORTH 80.12
TOTAL CONTRACT $3,966.12
NINTH STREET FROM THROCKTIORTON STREET TO COiLzRCE STREET
FOOT RATE PER TOTAL
NA11E LOT BLOCK ADDITION FNTG. FRT. FT. COST
City of Fort Worth N.E. corner of S. G. Jen— 223 $4.00 $892.00
(Library) nings Survey
City of Fort Worth Hyde Park 212 4.00 848.00
(Park Dept.)
Inez Renfro & Inez
Renfro Allen, each
owner of undivided
1/2 interest 1 114 City 100 4.00 400.00
E. E. Bewley, Murray
P. Bewley & Mazie
Bewley Smith, each
1/3 undivided inter—
est 9 114 " 100 4.00 400.00
H. H. Norse & Mark
licT.ahon, Executors
of Est. of Elizabeth
Scott 1 & 9 115 " 200 4.00 800.00
W. D. Reynolds Trust 16 & E.
5' of 8 77 " 105 4.00 420,00
Margaret B. McLean,
Ind. Extrx. of Est.
of W. P. McLean, &
Margaret B. McLean,
Mrs. Grady Culp,
J. H. McLean, W. P.
McLean, each owner
of 1/6 undivided
interest; and Ethel
Carr Brothers, Kath—
leen Carr Denman,
Lorna Carr Leavell,
Charles McLean Carr
and Frances McLean,
each owner of 1/15
undivided interest W.95' of 8 77 " 95 4.00 380.00
Estate of Minna Joseph,
Dec'd. & May Joseph
Davidson, Herbert A.
Joseph & Sylvia Joseph,
heirs, each 1/3 undivided
interest 16 B-7 Daggett 100 4.00 400.00
Edrington Investment Co. 8 B-7 " 100 4.00 400.00
Estate of Ida C. Saunders,
Dec'd. & Roy F. Saunders
& Linda Ray Reimers, heirs,
each 1/2 undivided interest 5 A-7 if 13j 4.00 54.00
TOTAL COST TO PROPERTY 0'101ERS 1248.5 L. F. v4,994.00
TOTAL COST TO CITY OF FORT TORTH (EXCLUSIVE OF FRONTAGE COST) 743.29
TOTAL C014TRACT $5,737.29
TENTH STREET. FROM HMOE STREET TO HOUSTON STREET
FOOT RATE PER TOTAL
NAME LOT BLOCK ADDITION FNTG. FRT. FT, COST
Harry T. Moore,
Bishop of the
Protestant 'Episco-
pal Church of the
Diocese of Dallas,
Texas, and succes-
sors in office 7 & 8 1 Jennings Nast 65 $4.00 $260.00
Harry T. Moore,
Bishop of the
Protestant Epis-
copal Church of
the Diocese of
Dallas, Texas,
and successors
in office 1 A?--7 Daggett 135 4.00 540.00
Harry T. Moore,
Bishop of the
Protestant Epis-
copal Church of
the Diocese of
Dallas, Texas,
and successors in
office 16 A-6 " 100 4.00 400.00
Southwestern Bell
Telephone Company 8 A'-6 n 100 4,00 400.00
Massachusetts Ma-
tual Life Ins. Co. 1,2,3,
26,27,
28 &
strip S.
of 1 &
28 7 Jamings But 194 4*00 7L6,00
TOTAL COST TO PROPERTY 0"MMS 594 L. F. $2,376.00
TOTAL COST TO CITY OF FORT WORTH 1,002,38
TOTAL CONTRACT $3,378.38
GRAND TOTAL COST TO PROPERTY OWNERS $18,465.00
GRAND TOTAL COST TO CITY OF FORT MRTH
(EXCLUSIVE OF FRONTAGE COST) 1,939.82
GRAND TOTAL CONTRACT S20,404.82
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 prop-
erty 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 wits
In five equal installments, one payable within 30 days
after the date of completion of said work and its ac-
ceptance by the City, and the remainder in four equal
annual installments thereafter, provided that said owners
shall have the right to discharge any installment before
maturity by payment thereof with accrued interest. De-
fault in the payment of any installment of principal or
interest upon said assessments when due, as herein pro-
vided, shall, at the option of the holder of said cer-
tificate, mature the whole amount thereof, both principal
and interest, which shall at once become collectible with-
out notice.
SECTION 3.
That the said assessments shall bear interest from the date of the
said completion and acceptance at the rate of six per cent per annum, pay-
able 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 au-
thorized 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 per-
sonal liability or lien in any court having jurisdiction.
SECTION fir.
That the City shall issue to the said contractor for said improve-
ments assignable certificates against said property and the owners thereof,
upon the completion and acceptance of said work of improvement in each par-
ticular unit or portion of street separately described, which said certifi-
cates 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 six per cent (6%) per annum, payable an-
nually, 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, the whole amount thereof shall be collectible with accrued interest
and with court costs and reasonable attorney's fees, if same have been in-
curred, 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 Fort Worth, and that all prerequisites to the fixing 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 prop-
erty therein described, and shall provide that the City Assessor and Col-
lector 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 Business District Certificate
Fund, 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 thereon,
and the contractor or holder of such certificate shall be entitled to re-
ceive 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 muting 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 there-
of, together with accrued interest and cost of collection, shall be paid in
full. That said certificates 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 attached to said coupons may be facsimile signa-
tures stamped, engraved or printed thereon. Upon payment of any install-
ment 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 there-
in provided by the terms of the Charter of the City of Fort Worth, and that
the said City of Fort North 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.
SECTION 5.
Each unit or portion of street separately described shall be and
constitute an entirely and wholly separate and independent unit of improve-
ment. The construction of said improvements in each separate unit or por-
tion of street separately described shall be wholly independent of the
construction in any other unit or portion of street separately described.
The assessments to be levied in each unit or portion of street separately
described shal-I be made according to the cost of the improvements in that
particular unit or portion of street separately described, and in accord-
ance with the benefits accruing to the property by reason of said improve-
ments in that particular unit or portion of street separately described,
wholly and independent of the cost and of the benefits accruing by reason
of the improvements in any of the other units or portions of streets sepa-
rately described.
SECTION 6.
That this ordinance shall take effect from and after its passage.
APPROVED IS TO FORM:
City Attorney
ORDINANCE
'Fite `f
Date
Hile+t - --- day of—��- -
19--
City S'ec"tary