HomeMy WebLinkAboutOrdinance 592 t
FARM No.14 ,
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.................L_I-L.A.4...................._....STREET,
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.....TES.L
LINE OF...-_......_HEhIPHIhL.................................STREET,AND ITS INTERSECTION WITH THE._.._F..8T_..
LINE OF.-_._._COLLE0E--_AVENUE-.-_-_._...;5TAZZT 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:
WHEREAS, On the._.........._IC.d...._._._-day 191.7..:_, the Board of Commissioners of
the said City directed the improvement between its intersec-
tion with the......_w®9t_-_line of.............Hemphil_1__,___.-Street with its intersection with the....._eall......lhfie
of:COS.]_ .gg.__._A.v.gnue-_..-9tmf4 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 Char-
ter; and,
WHEREAS, Said s were received, opened and considered by the Board of Commissio and
the bid of the Texas ity Z is Company, a corporation, for the improvement of the said p on of
said Street, was e t y said Board of Commissioners; and,
WHEREA s Texas Bitulithic Company has entered into a contract with the City of Fort
Worth, as provi b he Ch , for the improvement of said street, within the said limits by rais-
ing, grading, and fi ing the a , and by,paving the same with Bitulithic pavement upon a five-inch
gravel concrete foundat' nd,
WHEREAS, The , Company h executed its bonds to the City of Fort Worth for the construe-
tion and maiateRanca thereof, in cod ee with the said contract, and specifications, with surety as
required by the said City Cha r hi contract and bonds with the surety thereof, have been duly
approved by the said Board missione ; and,
WHEREAS, Thereafter, he City gi a of said City filed his written statement with the Board
of Commissioners concerning the sa i r e ents, and the cost thereof, as provided by Section S,
Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and
approved; and,
�VFfEItEAS-Thereafter the sai rd did y solution of date,the...r3$a1i dFL1B ,„=
191.7..., find and declare the necessity of as si a portion of the cost of said improvements against
the owners of the property abutting the r sn
nd owners of street and steam railways thereon and
their property and did prescribe a hearihe sai�hsaid
_rs, their attorneys, and agents, and fixed
a date therefor and did direct the said Sery o City to issue notice of the said hearing
by advertisement, as provided by the said City an also by posting said notices as provided
therein; and,
WHEREAS, In accordance with the said resolution, it Secretary did issue a notice of the
said hearing to the said owners by publication ther r e time and in the manner prescribed
by the City Charter, in_..-...__S.t,ar.-.T-e1��,r`=------------- ---_. .._...__._a dail aper of general circulation in the
City of Fort Worth, for five (5) consecutive days pr to the s ring,and did also notify the said
owners of the said hearing by posting a copy of the said notice e them, at the post office, in the
City of Fort Worth, Texas, more than ten days prior to th a o t Baring; and,
WHEREAS, The said hearing in accordance with the olutio d notice was held by the
Board of Commissioners on the.__......111h....._.day of._ .- . -U. -ept. .., 1. at. .......o'clock.A.-..M.,
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 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 in 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 there-
from that the strict application 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 improved, would operate unjustly
in particular cases and that the apportionment and assessment hereinafter made will effect substantial
equality and justice between property owners, having in view benefits received by and burdens im-
posed 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 hereinbelow
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 property
of each, and the total amount in money hereby assessed against each one, and his property, being as
follows, to-wit:
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•FORM ND.IA COPTINUKD ,
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 instalments, one payable within 30 days after the date of completion of said work
and its accceptance 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 instalment before maturity
by payment thereof with accrued interest. That default in the payment of any instalment of principal
f or interest upon said assessments when due as herein provided shall, at the option of said Texas
Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole
amount thereof,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 accept-
ance at the rate of 8 per cent per annum,payable annually,and if not paid when due-the said assessment
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 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 Texas Bitulithic Company, the contractor for the said
improvement, assignable certificates against the owners of said property, and against their said prop-
erty,which said certific a shall declare the said sums to be due and payable in instalments as herein
provided after co m ig�a d acceptance of said work,and shall be payable to the said Texas Bitulithic
Company, ands ta`t�t amount due from each property owner, and hereby assessed against his
property, and t e mteres thereon, herein fixed at eight per cent (8 Jo) per annum,and each cer-
tificate shall recit an ella,re a act that the same is secured by a lien against the property of such
owner, and personal liabili o e owner, and shall describe such property by number and block, or
•such other description y iden ' the same with reference to any other fact recited, and by the
name of the owner an the owner 's t known, or if the property is owned by an estate, it will be
sufficient to so state the fact.
Said certificates shall p i hat if th mount therein declared or any instalment of principal or in-
terest thereof shall not be pa when du h the whole amount thereof shall be collectible with accrued
interest, and with court costs, and rodlso torney's fees, if same have been incurred, and shall
recite the proceedings with ref eren e �Fwor9Z,,rd
provements have been made in compliance with the terms
thereof and the charter of the Ci that all pre-requisites to the fixing of the liens
and personal liability, evidenced by ehcert ca s, have been.performed. Said cep-akl be
executed by the Mayor and attested by the it ecretary with the corporate seal. Said certificates shall
provide that the same shall be payable to e ax Collect of the City, who shall issue his receipts for
payment thereon, which receipts shall be i nee o u,pd payment, on any demand for same by virtue
of the said certificate, or any independent contr tX pay ibe same, entered into by the owner of
property therein described, and shall provide t��he Tax o ctor shall deposit all sums received by
him on said certificates with the City Treasurer and th sa' ity Treasurer shall keep the same in
a separate fund, which fund is hereby designated as e ...............Li_ ac -----------------_--,-.---.._-----,-„--..---_.-_
CERTIFICATE FUND No.__I-._., and that whenev y payme ay be made to the Tax Collector
upon such certificate, it shall be his duty on presentation id contractor, or the holder
thereof, to endorse said payment thereon, and the con ae o ",holder of such certificate, shall
be entitled to receive from the City Treasurer the a o aid up n presentation of the said
certificate, credited with the amount paid thereon, and t a aid en rs ment and credits shall be
the Treasurer's warrant for making such payment to the said co a r, and that such a payment
by the Treasurer shall also be receipted for by the said holder' w flinette?rms
to said Treasurer, or by
the surrender of.said certificate,when the principal thereof, toge er interest and cost of
collection, shall be paid in full. That said certificates may be issued, thereto attached evi-
dencing the several instalments of principal and interest thereof, whhall be executed and
attested by the Mayor d. City Secretary as are said certificates un hereof,but the sig-
natures of said Mayorland City Secretary attached to said coupons may be facsimile signatures
stamped, engraved or printed thereon. Upon payment of any instalment evidenced by a coupon, such
coupon shall be credited by the City Tax 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 t}aCharter of the City of Fort Worth,and that the said City of Fort Worth shall, whenever
'demandfdby the saM Company,or holder of said certificates, fully exercise its charter power to enforce
the lien securing th
,e said certificate, and collect the same, but shall not be liable in any manner for
failure to so-P l-Lt or enforce the lien thereof.
(5) ,Tl4t this ordinance shall take effect from and after its passage.
-- *Z hereby Certify that `he aoov- and fore ;01ng
eiL+ypcy� �� Ordinance was duly i resent_' and unanimously
_ as d 'and ad- to th - 3oard =f Commissioners
Of t': City of Fort *north,T..xae at a regular
session of said board "sauy c tem..:r
11th, .. .1917