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HomeMy WebLinkAboutOrdinance 492 ORDINANCE N0. � f--' AN ORDINANCE I , ASSESSING A PORTION OF TIM COST OF TMPROV-11ETTT OF +. GRAINGER STREET FROM THE SOUTH PROPERTY LINE OF BROADWAY TO THE NORTH PROPERTY LINE OF PETER SMITH STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. i' OMMAMIL- BF 1T 0 RAINED BY THE BOARD OF COLVISSIONTRS OF THE CITY OF FORT MRTIi, VAT: CJEiEMAS, on the 22nd day of June, 1915, the Board of Commissioners of said City directed the improvement of Grainger Street, from the south property line of Broadway to the north property line of Peter Smith Street, by raising, filling, grading and by paving the same, and WHEREAS, in accordance with said resolution, specifications for said work were duly prepared by the City Engineer, and adopted by said Board of Commissioners, and wREREAS, bids for the said improvement were duly advertised for, as required by the City Charter, and MIMAS, said bids were received, opened and considered by the Board of Commission- ers, and the bid of the General Construction Company, a corporation, for the improvement of the said Grainger Street, was adopted by the said Board of Commissioners, and MAS, the said General Construction Company has entered into contract with the Cit, of Fort Worth, Ds provided by the Charter, for the improvement of the said street, within the said Iim_its, by raising, filling, grading, ana tp paving the same with Asphalt Yaeadam Pavement, and MI REAS, the said Company has executed its bonds to the City of Fort `"orth for the construction and maintenance thereof, in accordance with the said contract and speci- fioations, with such surety as is required by the said City Charter, which contract and bonds, with the surety thereof, have been duly approved by the said Board of Commiss- ioners, 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 8, Chapter 14 of the said City Charter, which statement was con- sidered by the said Board, corrected and approved, and M EREAS, thereafter the said Board did by resolution of date, the 21st day of September, 1915, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of property abutting 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 Secretary of said City to issue notice of the said hearing by advertisement, as provided by the City Charter, rnd also by posting said notices as provided there, and THEREAS, in accordance with said resolution, the said City Secretary did issue notice of the said hearing to the said property owners by publication thereof, for the time and in the manner prescribed by the City Charter, in the Fort °'orth Record, a newspaper, be- ing a daily paper of general circulation in the City of Fort "orth, for five (5) con- seou+ive- days riar '.v :.aid hearring, ar' -1 c . c+'_� t'._ s downers of ':., :'Paid hearing by posting a copy of the said notice to each of them at thd'Post Office in the City of Fort Worth, Texas, more than ten (10) days prior to the date of V e wring, and WHEREAS, the said hearing, in accordance with the said resolution and notice, was held by the Board of CciLmi ,�yy�,�P�r �n the 12th day of October , 1915, at 9 o'clock, a.m. at which time and place owners of property appeared to protest the said assessment, and the benefits of said improvement connected with the improvement of the said GRAINGER STREET: NOT THEREFORE BE IT FURTHER ORDAINED BY THE' BOAIM OF COFIIIISSIONMS, AS FOLLOTS, TO-WIT: 1. That the benefits to each parcel of property of each owner hereinafter named, in the enhanced value of said property, exceed in each case the amounts hereinafter assepse', against such owners and their property. And the said Board havingg considered the evidence and it appearing therefrom that the strict-apblication of the front foot rule or plan, whereby each owner is to be assessed in proportion as *he frontage of his property is to the whole frontage improved, would operate unjustly in particular, and that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view the benefits received ly and b w lens ---s.6d rpm such owziern, and the said 8pPbrtioni ent .. .' as-,j-spent 's ` al nt. That there is, and shall be, assessed e.-sirst eevh owner of Property hereintelow named, and against the several parcels of property of the ai: owners hereintelow described, as their proper pro-rata part of they cost of t' P --ii impr A ent_, the several sums of money set opposite the names of +he said owners an' 'I..ir rroperty. The names of the said owners 4nd de-cription of the property of enoh, .1 { .e 'total - count In 1-oney hereby assessed against each one, and his property, leing ap follows, to-wit: RATE PER F A M E L 0 T BLS. ADDITION FNTG. SQ. YDS. COST FRONT FT. P.J.Connelly, E.661of N.621of 2 36 Jennings So. 62 88.522 P 106.23 t1.7133 P.J.Connelly, E.100'of S.45' of N. 107' of 2 36 " 45 64.250 77.10 " W. G. Nance, E.100'of N.45' of S. 95, of 2 36 " 45 64.250 77.10 " P.J.Connelly, 93.8' x 100' in 2 and 3 36 " 93.8 133.926 160.71 " A.C.MoCullooh, E.100'of N.46.2' of S.154.2' of 3 36 " 46.2 65.953 79.16 " John W.Floore, E.70' of N.43'of S. 108' of 3 36 " 43 61.394 73.67 " P.J.Connelly, E.70'of S.65'of 5 36 " 65 92.806 111.37 " Carl G.Smith, W.911of N.601of 1 36 " 60 85.667 102.80 " P.J.Connelly, S.79'of N.139'of 1 36 " 79 112.794 135.35 " P.J.Connelly, 100' x 1101of 1&4 36 " 100 142.778 171.33 " A. M. Ellis, N.50'of S.161'of 4 36 " 50 71.389 85.67 " Mrs.E.M.Ellis, N.50'of .S.111'of 4 36 " 50 71.389 85.67 " P.J.Connelly, W.110'of S.6l'of 4 36 " 61 87.094 104.51 " TOTAL FOR PROPERTY OWNERS, - - - - - - 1142.222 01,370.67 TOTAL FOR CITY OF FORT WORTH, - - - - 3.413 4.16 GRAND TOTAL, - - - - - - - 1145.635 0,1,374.77 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 the personal liability of the owner thereof, and secured by a lien upon the said property superior to all other liens, claim or titles, except lawful taxes. That the amounts payable by each owner, and assessed against his or her property above, shall be payable as follows, to-wit: In full within thirty days after the completion of the said improvement in front of the property of each respective owner and acceptance thereof by the City. 3. That the assessment shall bear interest from the date of said completion and accept- anoe at the rate of eight (8) per cent per annum, 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 es sales are authorized to be made for nonpayment of City Taxes, as prescribed by the City Charter and general Laws, or ' suit to enforce the said claim of personal liability, or lien, .*- any court having ,jurisdiction. 4. That if-any of the said property owners, against whom or whose prop rty the ass- essment is hereby made, shall not pay in full when due, the amount so assessed, then that the City shall issue to the said General Construction Company, the contractor for the said improvement, assignable certificates against the owners of said property so failing to pay such assessment, and against their said property, which said certificates shall declare the said sums to be due and payable upon completion and acceptance of the said work, and shall be payable to the said General Construction Company, and shall state the amount due from each property owner and hereby assessed against his property, and the rate of interest therein, herein fixed at eight (8) per cent per annum, and each certificate shall recit and declare the fact that the same are secured by a lien against the property of such owner, and the personal liability of such owner, and shall describe the property by number and block, or by 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 }mown and 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 herein declared shall not be paid when due, it shall be collectible with accrued interest and with court costs and attorney s fees, if same have been incurred, end shall recite that the proceedings with reference to such improvements have been made in compliance with the terms of the said Charter of the City of Fort .orth and that all prerequisites to the fixing of the liens and personal liability, evidenced by such certificates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Peoretary with the corporate seal. Said oortifiaetes shall provide that the same sball be payable to t?.e Tax Collector of the City who shall issue his receipts for payment thereon, which receipts shall be evidence of such payment on any demand for same by virtue of the said certificates, or any independent contract to pay the same entered into by the owner thereof, and shall provide that the Tax Collector shall deposit all sums received by him on said certificates with the City Treasurer, and that the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the GRAINGER STREET SPECIAL IMPROVEMENT FUND NO.1, and that whenever any payment shall be made to the Tax -Collector, it shall be his duty upon presentation of the certificate by the said Con- tractor or other holder thereof, to endorse said payment thereon, and that the said Contractor or other holder of such certificate shall be entitled to receive from the said City Treasurer the amount an paid, upon the presentation of the said certificate credited with the amount paid thereon, and that said endorsement and credit shall be the Treasurer's warrant for making such payment to the said Contractor, and that such payment by the Treasurer shall also be receipted for by the said holier in writing to the said Treasurer, or by the surrender of said certificate, when the principal thereof together with all accrued interest and cost of collection shall be paid in full. Said 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 the same, but that the said Contractor or holder t' •reof shall have the right the collect such certificates as therein provided byz the terms of the Charter of the City of Fort '..orth, and that the said City. of Fort orth shall, whenever demanded by the said Contractor or holder of said certificate-, fully exercise it- Charter powers to enforce the lien securing said certificates 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. I hereby certify that the above and foregoing Ordinance was duly presented and unanimously passed and adopted by the Board of Com- missioners of the City of Fort Worth at a session said oard held Tuesday October 12th, 1. D. 1915. Qity'Secretary.