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HomeMy WebLinkAboutOrdinance 192 r ORDINANCE NO. 192. N\ +� AN ORDINANCE ASSESSING A PORTIOM OF THE COST OF IMPROVEMENT OF EIGHTH AVENUE IN THE CITY OF FORT WORTH,TEXAS, BETWEEN ITS INTERSECTION PITH THE SOUTH PROPERTY LINE OF WFATHERBEE STREET AND ITS INTERSECTION WITH T E NORTH LINE OF MORGAN STREET AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH TEXAS. WHEREAS, on the 12th .day of April 1910, zhe Board of Commissioners of the said City directed imptovement of Eight Avenue bw- tween its intersebttan with the South propeb*y line of Weatherbee Street and its intersection with the North propetty line of Morgan Street, by raising, filling, grading and paving The game, and. WHEREAS, in accordance with said resolution specificatl+B for said work were duly pfdpared by the City Engineer and adopted by the Board of Commissioners and.. WHEREAS, bids for said improvement were duly advertised for, as required by the City Charter, and WHEREAS, said buds were received, o*ened aiad considered by the Board of Commissioners, and the Bid of the Texas Bitulithic Com- pany, s corporation for the improvement of the said Eighth Avenue19 was accepted by the said Board of Commissioners, and WHEREAS, the said Texas Bttulithic Company, has entered into a contract with the City of Fort Worth, as provided by the Charter for the improvement, of said streetm within the said limits by raising grading and filling the same , and by paving the s m' with Bitulithiv pavement upon a fiveinch gravel, concrete foundation, and. WHEREAS, the said Company, has executed its bonds tto the City of Fort Worth for the Constructirrn and maintenence thereof, in accordance with daid ocntract and specification, with surety as required by the said City Charter, which contract and bonds with the surety thereof, have been duly approted by the said Board of Commissioners tnd, concerning the said improvment, and the cost thereof, as provided for by Section S, Chapter 14, of the Charter of the City which statement was considered by the Board, corrected and approvedp and WHEREAS, thereafter the said Board didl by resolution of date of the 12th. day of July, 1910, find and declare the owners of the property abutting thereon , and their property , and did pre- soribea hearing ofthe said owners, their attorneys acid agents , and fixed a date therefor and did direct the daid Secretary of the said City to teisstLe a notice of the said hearing by advertising, as pro- vidid by the Said City Charter; and also by posting said notice as provided therein, and WHEREAS, in accordance with said resolution, the City Secretary did issue a notice of the said hearing to the said property owners by publication thereof, for the time and in themanner pre- scribed by the City Charter in the Star Telegram, a daily paper of general circulation in the Vity of Fort Worth for five (5) consecutive days prior to the said hearing and did also notify the said Qwners of the said hearing by posting a, copy of the said notice otepch of them, at the post office in the City of Fort Worth, Texasm more then ten days prior to the date of .he hearing, and WHEREAS, the said hearing in accordance with the said resolution abd notice, was held by the Board of Commissioners on the 2nd. day of August 1910, at 9 o'clock A?M. at which time and place B.K.Goree and I.I;.McCwary and J.M.Long, owners of property, appeared to protest the said assessment, and the benefit of said imprcement connected wuth the improvement of said Eighth Avenue. NOW THEREFORE, be it further ordained by the said BOARD OF COMMIS IONERS AS FOLLOWS: TO-WIT. SECTI0N I. That the benefit to each parcel of property of each woner hereinafter named in the enhanced value of said property exG teed in each case the amounts hereinafter assessed against wuch owners preVeT*y-abd their propertym abd the ela.id Board having considered the evidence and it appearing therefrom that the strict applicatim of the front foot rule or plan, whereby each owner is to be assessed in pro- portion as the frontage of his property is to t e whole frontage to be improved would operate unjustly in ,particular cases, and that the ap- portionment and assessment hereinafter made will effect subtantial gquality and justice between property ownersm having in view the benefits received by abd burdens imposed upon such owners, and said appgakonment is hereby adopted. SECTION II. That there is, and shall be, assessed against each of the owners of property hereinbelow named, and against the several parcel& of property of said owners hereinbelow armed ,aand asginat the several parcels of property of said owners hereinbelow described as their proper pro-eata- part of the cost of the said improvement the several sum of money set oppostie the name of the said gwners and their property, the nameso of the sai _ owner6, and description of the property of each, and the total amount in money hereby assessed against each one, and his property, bbing as gollows, to-wit; Paving assessment for Eighth Avenue, from south property line of Weetherbee Streetm to the North property line of Morgan 'Street. Name Block Lot Add. Frontage Sq.yds.Cost.R.P.Ft. Mrs. S.I.Wright 10 1-2 Fairmount 50 ft- 125.000-260.937-5•2197 L.M.Burkhart 10 -3-4-5-6 " 100 " 250.000-521.870-5.2157 Frank Whitsell 10 7-5-9-10 " 100 " 250.000 521.870-5.2197 J.I.Turner 10 11-12 " 50 " 125.000-260.937-5.2157 W.H.Ward 10 -13-14-15-16" 100 " 250.000- 21.870-5.2187 Mrs. E.C.Florence 3 6 Enderly Pk.SO " 200®000-417.500-5.9157 B.K.Goree J 7 " " 85 " 212.500-442.550-5.2197 J.M.Long g 200.000-417.500-5.2157 Geo W. Armstr ong 4 N50'5 " " 50 " 125.000--26o.937-5.2197 Tofttl for property owners 11,999.500 $ 3,965.225 Total for City of Fort Worth 175.361 366.066 Total 2,074.961 $ 4,331.291 That the amount set opposite the name of each owner above, and his property, is hereby assessed ggainst the aaid property and declared to be the personal liability of the owner thereof, and secured by a lien upon the said property superior to a.11ohter liens, claims o4 titles except lafful taxes, that the amount payable by each owner, and assessed against his or her property ,above shall be payable as gollows; to-wit; In full within thirty days after the complettion of said work or improvement, in front of the property of each respective owner and acceptance thereof, by the said City. SECTION III. That the daid assessment shall bear interest from the date Of the said completion and acceptance at the rate of S% per annum, and if not paid when due the staid assessment and claim of perdonal liability shall be enforced, either by the s7le of such property by the officer and in the manner, as for as applicable as sales are authorized to be made for non— payment of city taxes as prescribed by the Oity Charter abd general laws or by suit to enforce the said claim of personal liability or lien in any court having jurisdiction. SECTION IV. That if Xxx any of the said property owners against whom and their property the assdssment it hereby made, s4e.11 not pay in full when due the amount so assessed, then that the city shall issue to the said Texas Bitulithic Company, the conctractor'for the said improveient, assignable certificates against the owners of said property so failing to pay daid assessment, and agsint their said property, ehich said certificares, shall declare the said sums to be due and payable thirty days after completion and acceptance of said work, and shall be payable to the said Texas Bitulithive Company, and shall state the amount due EmRm each property owner, and hereby assessed against his property and the rate of interest therein, here— in fixed at d% 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 shall describe such property by number and block, or stt such other description as may identify the Jame with reference to any other fact recited, and by the name of the owner, and As the owner is not knwwn, or if the property is owned by an estate it will be suffie cient to = state the fact. SAid certificates shall provide that if the amount declared shall not be paid when due, then it shall be collectible with auarued interest, and with coutt cost and reasonable attoryney fee if the s-me have been incurred, and shall recite the proceedings with reference to such improvements have been made in compliance with the terms ther of, and the Charter of the City of Fort Worth, and that all pre—requisites to the firing of the liens and personal liability, e4idence4by such certificatesm have been performed. Said certificates shall be executed by the Yayor and attested by the City Secretary with the o6rpora.te seals Said certificate hhall providd that the same shall be payable to the Tax Collector of the City, who shall issue hhe receipt for the payment thereon, 'gh ich receipt shall be evidence of such payment on any demand for same by wirture of said sertificate or any independent contract to pay the same en— tered into by the owner thereof, and shall provide that the tax col— lector shall deposit all sums received by him on said certificate with the City Treasurer and the said City Treasurer shall keep the same in a spparate fund, which fund is hereby designated as the "Eighth Ave Ceritfioate Fund No. I", and that whenever any payment may be maddlz the Tax Collector upon such certificate, it shall be his duty, upon Vresentation by the said Contractor or the holder there— of. to endorse said payment thereont and that contractor a.r older of such oerttficate kzkz shall be entitledto receive from the City Treasurer the amount so paid upon presentation of the said certificate credit6d with the amount paid thereon, and that said endorsement and credit shall he the Treasurers warrant for making such payment to said contractor, and that sdch payment by the Treasurer shall also tv be recei for by the said holder in wirting to the said Treasurer or by the surrender of such certificate, wgen the payment thereof, together with accrued interest and cost of collection, shall be paid in full. v Said certificates shall also recite that the City of Fort Worth, shall not be liable for the payment thereof or for any interest thereon, nor for the cost of collecting or enforceing the same, but that the said Company, or holder thereof shall have theright to collect such sertificate as therein provided by the terms, of the Charter of the City, of Fort Worth, and that the City of Fort Worth shall, whenever deipanded by the said Company, or holder of said certificates , fully exercise its Charter power to enforce the lien securing the said sertificate and collect the same but shall not be liable in any manner for failure to so collect or enforce the lien thereof. R SECTION V. That this ordinance shall take effect from end after its passage. ADOPTVD BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT FORTH TEXAS, TUESDAY, SEPTEMBER 13TH. 1910. COPY. ORDINANCE No.41' .I ,e Tit l 1'1 YL� MEAT-W&I AF E S!- Ao oti Date Filed day of— City Secretary