HomeMy WebLinkAboutOrdinance 1592 F15RM No. la.
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AN ORDINANCE 1� -
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON-------EL__C.AyM_ --_.&YI IIE........_.
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
__➢eo-t........__..LINE OF---- Stzo-et -----_-_, AND ITS INTERSECTION WITH THE
..USA___---------LINE OF----02o_y=_..LHi A---—-------_-_---------, 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 of___---_---------
---------EL_.CZAKM.w,AVJ=E--______________between its intersection with the___.__1QLeB1............line
Montgomeny--St.--with its intersection with the..-----Z&Bt----------line of--------- 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
__EICEaET-T_,___SBiC-.-------------------------------------- for the improvement of the said portion of
said Street, was accepted by.said City Council;and,
WHEREAS, The said__Fij,ME-5--&_-EVERETT,,JNC.--_-----------------has entered into a contract with
the City of Fort Worth,as provided 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 withEM.lLlizefit.4Ae--__---
._A�phet_------•----------------------pavement with 60_Q9AC)Tlr_t0__Bal3�_---.---.-------_---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_EmT�..Y9DSth__Alr SIT_d.—_ ' a.e$Sil�..............................
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......_9_t11-____day af_.____. }AQ---------__._--------_, 192-.9____, at---913Q--o'clock-------
atwhich time and V4aA*_............. ...............� � ...,,A.. ....._...._.....�. �.---.----- Y_
o�
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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 owner:thereof 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 name of 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:
having Assessment for EL CAMPO AVENUE, from the West line of
kontgomery Street to the East line of Clover Lane --- Fort Worth,
Texas.
Contract awarded: 5-1-29. Price Bid.
Contractor: Hughes & Everett,Ine. Paving, per sq.yd.--$2.00
Pavement:2"H.M.Limestone Rock Asphalt. Curb, per lin.ft.--- .35
Gutter, per sq.ft.-- .25
For Combined Curb and 24" Gutter, per linear foot ---------- .68
For Earth Excavation, per cubic yard ------------ --------- 22
For RQck Excavation, per cubic yard ---------------------- .y 2
- RATE PM MTAL
N A M E LOT BLK. ADDITION FNTG. FNT.FT. COST
Grady L. Hoal--------1 1 QUEENSB RO 50-ft. 3. 1 1 .37
Grady L. Hoal--------2 1 If 50-ft. 184.37
"West Side Land Co.,a
Corp. ,record owner,out-
standing contract of sale
held by H.Tolson-----3 1 " 50-ft. " 184.37
West Side Land Co. ,a
Corp.,record owner,out-
standing contract of sale
held by F.C. Myers---4 1 " 50-ft. " iS4.37
West Side Land Co. ,a
Corp.,record owner,out-
standing contract of sale
held by F.C. Myers--5 1 " 50-ft. " 154.37
West Bide Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by Mrs..Mary Willis
and husband----------6 1 If 50-ft. " 184.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by L.R. Rodgers-7 1 It 50-ft. if 154.37
We&t .Bide Land Co,,a.
Corp.,record owner,out-
standing contract os sale
held by Dallas Van-8 1 " 50-ft. " 184.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by A.Y.Weaver---9 1 " 50-ft. " 194.37
Mrs. N.E. Harris,
a widow-------------10 1 " 50-ft. ° 1�4.37
L.W. Boyett, undivided
I interest & Grace Boyett,
an undivided I inter-
est in-�- -----1 2 50-ft. " 1�4.37
John M. Hutc:aeon----2 2 " 50-ft. " 184.37
John M. Hktcheaon 2 a 50-ft. " 194.37
Eugene Sergi---------- 2 " 50-ft. " 154.37
West Side Land Co. ,a _
Corp.,record owner,out-
standing contract of sale
held by Ruby 3uchaziAa
a feme sole---------- 2 50-ft. 184.37
West Side Land Co. ,a ,
Corp.,record owner,out-
standing contract of sale
held by R.M. Stokes--6 2 " 50-ft. " 184.37
West Side Land Co. ,a
Corp.,record owner,out-
standing contract of sale
held by Eunice Krell,
a feme sole-- ------7 2 " 50-ft. " 184.37
West Side Land Co.,a
Corp.,record owner out-
standing contract of sale
held by R.M. Stokes--8 2 " 50-ft. 11 184.37
2 - EL CALiPO AVERUE - Contd.-
RATE PER MTAL
N A M E LOT BLK. ADDITION FNT4. FNT.FT. COST
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by Moveta E. Krell,
a feme sole-------------9 2 QUEENSBORO 50-ft.$3.69741 $194.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by R.E. Herber &
Langford Coffman------10 2 " 50-ft. " 184.37
Stella Walters, a
feme sole- -----1 3 " . 50-ft. " 184.37
Stella Walters, a
feme sole--------- 3 " 50-ft. " 154.37
West Side Land Co. ,a
Corp. ,record owner,clai-
mant under outstanding
opmtract of sale un-
known -----------------3 3 " 50-ft. " 184.37
Miss Emma Sour, a
feme so3e.-r------------4 3 ri 50-ft. " 184.37
Miss Emma Sour, a
feme sole.--------------5 3 " 50.-ft. " 154.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by firs.Julia Knox
and husband----------6 3 " 50-ft. " 184.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by Mrs.Julia Knox
and husband-----------7 3 " 50-ft. " ig4.37
West Side Land Co.----S 3 '° 50-ft. 9- 184.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by Joe Burt & wife
Val da I. Burt------------ 3 " 50-f t. " 184.37
West Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by Allen Lancaster-10 3 " 50-ft. 1g4.37
Nest Side Land Co.,a
Corp.,record owner,out-
standing contract of sale
held by C. '15as'iam-------1 4 it 50-ft. " 184.37
Zest Side Land Co.,a
Corp. ,record owner,out-
standing contract of sale
held by C. Basham------2 4 it 50-ft. " 1g4.37
West Side 'Land Co. ,a
Corp.,record owner,out-
standing contract of sale
held by A. D. Scott -3 4 It 50-ft. " 1g4.37
West Side Land Co.,a
Corp.,record osrner,out-
standing contract of sake
held by A. D. Scott.--.--.4 4 " 50-ft. " 184.37
J.W. Manley -- -----5 4 " 50-ft. 1g4.37
West Side Land Co. ,a _
Corp. ,record owner,out-
standing contract of sale
held by Mrs.F.J. Houston
Purcell and husband----6 4 " 50-ft. " 194.37
'�_-- EL CAidF[} AVENUE - contd. _
`A'I 9 $ER TO TA,
N A M E LOT BLK. ADDITIGN FNTq. FET.FT. COST
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by W.W. Purcell--7 4 QUEENSBORO 50-ft.43.68741 $184.37
West Side Land Co. , a
Corp. ,record owner,out-
standing contract of sale
held by Miss Nell Baker,
a feme sole---- -------ffi 4 " 50-ft. If 184.37
West Side Land Co. , a
Corp. ,record owner,out-
standing contract of sale
held by Mrs. G.W.
Baker and husband-----9 4 " 50-ft. If 184.37
West Side Land Co., a
Corp.,record owner,out--
standing contract of sale
held by Mrs. Mildred
Lemmon, a widow------10 4 " 50-ft. " 184.37
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by Mrs. Mae E.
Johnson, a widow----I 5 " 50-ft. " 181-.37
West Side Land Co. , a
Corp. ,record owner,out-
standing contract of sale
held by Mrs. Mae E.
Johnson, a widow------2 5 " 50-ft. " i84.37
Vera Kelly, a feme
s�Ye---------.-----------3 5 50-ft. 1g4.37
Vexes Kelly, a feme
sole----------------4 5 " 50-ft. " 194.37
Vera Kelly, a fame
601e--------------- -5 5 " 50-ft. 194.37
West Side Land. Co. , a
Corp.,record owner,out-
standing contract of sale
held by W.I. Hardin &
wife, Esma Hardin-----6 5 n 50-ft. 184.37
W.T. Hardin & wife,
Esma Hardin.-----------1 " 58.2--ft. " 214.61
C.E. Magere-----------14 25 FACTORY
PLACE 58.8-ft. " 216.82
J.J. Vanya & wife,
Pearlie Vanya--...-_---13 65 " 50-ft. " 194.37
J.J. Vanya & wife.,
Pearlie Vanya--------12 65 " 50-ft. " 184.37
Mrs.Dave Watson & Mrs.
A.P.Dick, Sr., &
husbands----------- ---11 65 " 50-ft. " 194.37
S.H. Taylor------------10 65 a 50-f t. " 194-37
West Side Land Co., a
Corp.,record owner,un-
recorded deed held by
H.E. Shamburger, true
65 50-ft. " 184.37
Mrs. Carrie Sorley &
husband------------_9 65 " 50-ft. " 194.37
West Side Land Co. , a
Corp.,record owner,un-
recorded deed held by
W. L. Lopor---------20 64 " 50-ft. " 184.37
L.L. Leonhart & wife,
Lillie Leonhart-------19 64 " 50--ft. " 184,37
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by Eugene Sergi-=18 64 " 50-ft. " 194.37
4 EL CAMPO AVME - contd.
RATE PER MTZ
,A. M Z - oT_BUs &nx xOX FrrTc, rrr OOOT
West She Land Co., -a
Corp. ,record owner,out-
standing contract of sale FACTORY
held by D.H. Arntzen--17 64 PLACE 50-ft.$3.68741 $194.37
W.E. Smith & wife,
Roxana Smith---------16 64 " 50-ft. " 184.37
West Side Land Co., a
Corp. ,record owner,out-
standing contract of sale
held by C.F. Curtis---15 64 +► 50-ft. " 184.37
Lena C. Binder, a
feme sole-----------14 64 " 50-ft. " 184.37
Lena C. Binder, a
feme sole-------------13 64 " 50-ft. " 184.37
M.O. Gilliam, owner,
L.L. Leonhard & wife,
Lillie Leonhart, pur-
chaser-----------------12 64 " 50-ft. " 184.37
West Side Land Co. , a
Corp.,reoord owner,out-
standing contract of sale
held by L.L. Leonhart &
wife, Lillie Leonhart-11 64 " 50-ft. " 1g4.37
West Side Land Co. , a
Corp.,record owner,out-
standing contract of sale
held by B.H. Collier &
wife, Lillie Collier--20 63 50-ft. " 184.j
West Side Land Co.---.-19 63 " 50-ft. +' 184.3
West Side Land Co.----15 63 " 50-ft. " 184.3
West Side Land Co., a
Corp. ,record owner,out-
standing contract of sale
held by D. Connally---17 63 ° 550-ft. �� 184.37
Cam.. Olark.-.---....•.�-----1 - 6 t< 16.4.
Mrs. M.A. Stewart,
a -----------155 63 " 50-ft. 184.37
A.V. Warren----------1 63 " 50-ft. " 184.37
A.V. Warren----------13 63 " 50-ft- " 184.37
West Side Land Co.----I2 63 'i 50-ft. 184.37
West Side Land Co.----ll 63 " 50-ft. " 184.37
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by T.H.Prescott--20 62 " 50-ft. " 184.37
West Side Land Co., a
Corp. ,record orner,out-
standing contract of sale
held by Berta Derrington
& husband walker H.
Derringtan------- ---.19 62 " 50-ft. " 184.37
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by H.E. Shamburger•• . :
1$ 62 " 50-ft. " 184.37
West Side Land Co. , a
Corp.,record owner,out-
standing contract of sale
held by H.E. Shamberger
17 62 " 50-ft. " 194.37
West Side Land Co., a
Corp., record owner,
claimant under out-stand-
ing contract of sale
unknown---------------16 62 " 50-ft. " 184.37
West Side Land Co., a
Corp.,record owner, out-
standing. contract of sale
held by J.W. Etherton,
Jr. ,------------•--------15 62 " 50-ft. 184.37
fi - XL CAkEPO AVENUE contd.
..� aEP AL
If A IL I T HLB. I N FNTG. MT.FT,
King—---------- A
PLACE 50-ft-$3.68741 $184.37
West Side Land Co. , a
Odrp. ,record oyvner,out-
standing contract of sale
held by A.A. Repper---13 62 " 50-ft- it 184.37
George W. Quinn-------12 62 " 50-ft- " 184.37
George W. Quinn-------11 62 " 50-ft. n 184.37
West Side Land Co., a
Corp., record owner,unre-
corded deed held by
Marie Butcher and husjgand,
Glenn Butcher, true
owner- .------------20 61 50-ft- " 164.37
West Side Land Co., a
Corp.,redord owner, out-
standing contract of sale
held by Edna Tolson,
a feme sole+-- ---19 61 " 50-ft- " 184.37
West Side Land Co., a
Corp.,record owner, out-
standing contract of sale
held by Agnes Tolson,
a feme sole-----------18 61 " 50-ft- " 194.37
West Side and Co., a
Corp. record owner, out-
standing contract of sale
held by P.G. Becker,
—17 61 " 50-ft- " 1s4.37
West Side Land Co. ,a
Corp.,record owner, out-
standing contract of sale
held by H- Tolson -----16 61 " 50-ft. " 184.37
5iest Side Land Co., a
Corp.,record owner,clai-
mant under outstanding
contract of sale un-
known--------------- 15 61 " 50-ft. " 184.37
James N. 8ligar-------14 61 " 50-ft- �! 184.37
Mary A. Shepherd,
a feme sole- ------13 61 " 50-ft- " 1s4.37
West Side Land Co., a
Corp.,record owner,out-
standing contract of sale
held by B.E. Rowland,-12 61 " 50-ft. " 184.37
N.J. Merchant---------ll 61 50-ft. ^ 184.37
TOTAL COST TO PROPERTY 0!.Nn-S ------------------------517,393.47
TOTAL COST TO CITY OF FORT WORTH ----------------------• 3,250.00
GRAND TOTAL ------------------------------------------420, 3.
r
t
FORM No. 14—Continued.
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 Sthereof, 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 ggmaleticn 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-
cate%against 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 (8%) 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 Fort 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------
------------------JM--CAl ---A'V=Z------•---------------CERTIFICATE FUND No.. , .r ..,,._.-.........____-r 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 coupon&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 said 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 enforec the lien thereof.
(5) That this ordinance shall take effect from and after its passage.
ORDINANCE
No.
Tide
Filed— �_ . day o
Ciry�eoretary