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HomeMy WebLinkAboutOrdinance 693 -WOE O R D I N A N C E N 0. AN ORDINANCE ASSESSING A PORTION .OF THE COST OF IMPROVEMENTS ON COMMERCE STREET, IN THE CITY OF XORT WORTH, TEXAS, FROM ITS INTERSECTION WITH THE SOUTH LINE OF WEATHERFORD STREET TO ITS INTERSECTION WITH THE NORTH LINE OF EAST FRONT STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY, AND PROVIDING FOR THE COLLECTION OF THE SAID ASSESSMENT AND THE ASSIGNABLE CERTIFICATES EVIDENCING THE SAME. 0 h AP BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH: WHEREAS, heretofore on the 4th day of November, 1919, the board of Commissioners of the said city by resolution directed the improvement of Commerce Street, between its intersection with the south line of Weatherford Street and its intersection with the north line of East r'ront Street, *T- 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 Hoard of Commissioners; and WHEREAS, bids for the said improvement were duly advertised for, as re- quired by the City Charter; and WHEREAS, said bids were received, opened and considered by the board of Commissioners, and the bid- of the Lfeneral Venstruotion Company, &-aorporation, _ for the improvement of the said commerce Street, was accepted by the said Board of Commissioners; and WHEREAS, the said General Construction Company has entered into contract with the City, of rort Worth, as provided by the charter, for the improvement of the said street, within the said limits, 1iowew.ewat by paving the same with three-inoh vertical xibre Brick with Asphalt Tiller on Cement Sand Cushion; and WHEREAS, the said Uompany has executed its bond to the City of Tort Worth for the construction.of said work, in accordance with the said contract and specifications, with such surety as is required by the City Charter. which contract and bond, with the surety thereof, have been duly approved by the said board of Uommissioners; and AHEREAS, thereafter the City Engineer of said vity filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof, as provided by Section 8, Uhapter 14 of the Charter of said City, which statement was considered by the said board, corrected and approved; and WHEREAS, thereafter the said hoard did, by resolution of date the day of✓aruaey , 19go, 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 or. agents and tined-a--data a therafer and did-direct-tha ..._ secretary 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 therein provided; and WHEREAS, in accordance with said resolution the said City Secretary did issue a 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 xort Worth Record, a daily newspaper of general oiroulation in the City of rert.Worth, for five successive 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 by registered letter deposited in the post-offioe of said City 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 Hoard of commissioners on the 2 O* day of January, 1920, at nine o'clock a.m., at which time the following owners of property appeared to protest the said assessment and the benefits of said improvement connected with the improvement of the said COMMERCE STREET: 12L fir' 26 AND WHEREAS, said Board, having heard said protests, a overruled the objections to said improvement and assessment. NOW THEREFORE, BE IT FURTHER ORDAINED BY THE SAID BOARD OF COWISSIONERS AS FOLLOWS, TO-PIT: 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 assessed against such owners and their property. And the said Board having considered the evidence and it appearing therefrom 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 not 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 reasiv-e&b and burdens imposed upon such owners, and said apportionment is hereby ad c rd. 2. That there is and shall be assessed against each of the owners of property hereinbelow named, and against the several parcels of property of the said owners hereinbelow described, as their pro-rats, part of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their said property. The names 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: FRONT RATE PER N A M E L 0 T BLOCK ADDITION FEET FRONT FOOT TOTAL COST B.J.H. Thomas, 11.100' of 4 9 City 100 010.33-1/3 $1033.33 John C. Ingram, 5 & 5.10' of 4 9 If 120 " 1240.00 Thomas & Carmelo Barbuzza, 1, 2 & 3 25 " 75 " 775.00 John Lala, 4 & 5 25 50 " 516.67 Sicily A. Waggoner (a fume sole), 6 & 7 25 " 50 " 516.67 City of Fort Worth, 8 25 " 25 " 258.33 H. B. Herd, 2 & N.10' of 3 40 " 120 ° 1240.00 W.H.Logan, R.J. Williams & Roy Bracewell, Trustees S.100'. of 3 40 " 100 " 1033.33 for Lone Star Oamp No. 2, W.O.W. John Sealy, E.R.Brown, Geo.C.Greer, R.Waverly Smith, & E.E.Plumly, N.60' of 2 53 " 60 " 620.00 Trustees for Magnolia Petroleum Company H. B. Herd, S.40' of 2 53 " 40 " 413.33 A.C. & ]day Ward Ford, N.25' of 3 53 " 25 " 258.33 Wm. H. Marlow, S.75' of 3 53 " 75 " 775.00 W.B. & Mrs.Texas Fishburn, N.50' of 2 86 " 50 " 516.67 G. V. Morton, S.50' of 2 86 " 50 " 516.67 0. Q. Hassard, 3 86 " 100 " 1033.33 A. J. Sandegard, 1, 2 & 3 95 " 75 " 775.AQ J. J. Walden, 4 & N.14' of 5 95 " 39 " 403.00 Belle Campbell,Flora Peers,N.C.M.by Fannie 9.861of 5 95 " 86 " 888.67 Marshall,Gdn., Fannie Marshall & Bert Marshall Sam A. Joseph, N.50' of 2 110 ° 50 " 516.67 J. N. Brooker, S.50' of 2 110 " 50 " 515.67 N.J.MoGinnis & S.R.McMullen, N.75' of 3 110 " 75 " 775.00 R. L. James, S.25' of 3 110 " 25 " 258.33 E. D. Farmer, 5, 6, 7 & 8 ill " 100 " 1033.33 John M. Vincent, 1, 2, 3 & 4 ill " 100 " 1033.33 James Harrison, 7 & 8 116 " 50 " 516.67 W. C. Stonestreet, 4, 5 & 6 116 " 75 " 775.00 Zane Cetti, 1, 2 & 3 116 " 75 " 775.00 Fort Worth Power & Light Co., N.86' of 117 " 86 " 888.67 FRONT RATE PER N A M E L 0 T BLOCK ADDITION FEET FRONT FOOT TOTAL COST Merle Reynolds Harding.Ellison R. S.75'of N.161' of 117 City 75 $10.33-1/3 # 775.00 Harding,W.D.Raynolds & J.M.Reynolds W.D.Reynolds, J.B. Matthews & J.B.Loftin, S.75'of N.236' of 117 to 75 " 775.00 John R.Griffin, 5,6,7 & 8' (T.T.Co.) 50' adj. on North D-6 Daggett's 150 " 1550.00 A. August, 4 (T.T.Co.) D-5 " 25 " 258.33 Comm erne Realty Co., 3 (T.T.Co.) D-6 " 25 " 258.33 W.B.Ward, W.B.Ward,Jr., & John Ward Harrison, 1 & 2 (T.T.Co.) D-6 " 50 " 516.67 James A.Weaver, Frank M.Weaver,Katherine 1,2,3,4,5,6,7 & 8 D-5 " 200 " 2066.67 Weaver Waggoner & G.L. Waggoner, Maggie & Frank DeBeque, 6, 7 & 8 D-4 " 75 " 775.00 J. H. Nail, 1,2,3,4 & 5 D-4 " 125 " 1291.67 Harvey B. Herd, 7 & 8 D-3 " 50 " 516.67 Dr. W. C. Lackey, 5 & 6 D-3 " 50 " 516.57 J. L. Walker, 4 U-3 " 25 " 258.33 r'reeman McKinney McDonald, 1, 2 & 3 0-3 " 75 " 775.00 MTs.R.B.Grammer (Fame Sole) 7 & 8 D-2 " 50 " 516.67 Harvey B. Herd, 5 & 6 D-2 " 50 " 516.67 Frank Matranga, 'S & 4 D-2 " 50 " 516.67 Claude Albright Roberts ) & Nettie Mille )) 1 & 2 D-2 " 50 " 516.67 Albright (feae sole) John P.Soott,Jr.,Wm.T. Seott,Robt.0.Soott,Minna S.Hyman,Harry Hyman & 3 & 4 D-1 " 50 " 516.67 Annie Rose Scott by Minna S. Hyman, Gdn., Est.of F.P.Bath,Deo'd., Mrs.Hulda Rosenfield,Exr., 1 & 2 D-1 " 50 " 516.67 A. E. Want & Co., 5,6,7 & 8 D-1 " 100 " 1033033 Wm. G. Turner, 11,12,13,14 & 15 D-1 " 115 " 1188.79 Maxwell Clark Drug Co., 16, 17 & 18 D-1. " 85 " 878.33 Sam Davidson, 19 D-1 " 85.5 $7.313 625.26 John B. Laneri, 29 0-1 " 34.8 " 254.49 Wm.H. & Mary E.MoCord, 4 0-1 " 135 " 987.26 'Nilliam & Lura Mennig, 26,23 & 28 C-1 " 75 " 548.48 J.C. & Susan R.Ingram, 23,24 & 25 0-1 " 75 548.48 Robt. C. Veihl, 21 & 22 0-1 " 50 " 365.65 , (T.T.Oo.) denotes Texas Title Co. map 1 FRONT RATE PER 1( A M 3 L 0 T BLOCK ADDITION FEET FRONT FOOT TOTAL COST Annie Rose Scott by Minna S.Hyman,Gdn., John P.Soott,Jr., 19 & 20 C-1 Daggett's 50 $ 7.313 365.65 Wm.T.Soott, Robt.C. Scott, Minna S.Hyman & Harry Hyman J. L. Walker, 17 & 18 0-1 " 50 " 365.65 Est.of Wm.E. & Mary Elizabeth Huffman, 9,10,11,12,13 & 14 0-2 " 150 $10.33-1/3 1550.00 minors & Savannah Huffman Allen I wow* Wallace McFarland, Lutie McFarland & 15 0-2 ' 25 " 258.33 Worth Moore V. M. Bowdre, 16 0-2 " 25 " 258.30 r'rank M.Weaver, Jas. A.Weaver,Juel E. Weaver, J.Roderiok 9,10,11,12,13,14,15 & 16 0-3 " 200 " 2066.67 Weaver,Katherine Weaver Waggoner & G.L.Waggon er John Sealy,E.R.Brown, Geo.C.Greer,R.Waverly Smith & E.E.Plumly, 9 & 10 C-4 " 50 ° 516.67 Trustees for Magnolia Petroleum Co. Max K.Mayer & John W.Wray, 11 0-4 ° 25 " 258.33 L. I. Long, 12 C-4 " 25 " 258.33 Mrs.S.A.Scott, 13 C-4 " 25 " 258.33 C. Von Carlowi_tz, 14 C-4 " 25 " 258.33 Robt. C. Vaibl, 15 & 16 0-4 " 50 " 516.67 �� . 9,10,11,12,13, r°y av' r3o.ois,e,q„; 14,15 & 16 C-5 " 200 " 2066.67 b � la ?x�7y t,.G n.ar , i .. J. C. Ingram, 9,10,11,12,13,14,15 & 16 0-6 " 200 " 2066.67 John L. Cassell, 9 & 10 77 City 50 ° 516.67 P.C.Levy & W.R.Mitohell, 11,12 & 13 77 " 75 " 775.00 W. D. Reynolds, 14,16 & 16 77 " 75 a 775.00 Elizabeth Scott (feme sole) (9110,11,12,13, ( 14,15 & 16 115 " 200 " 2066.67 Citizens Hotel Co-, 9,10,11 & 12 112 " 100 " 1033.33 G.W. & Ed.Ssibold, 13,14,15 & 16 112 " 100 " 1033.33 United Amusement Co-, 9,10,11,12,13 & 14 109 " 150 " 1550.00 i wx.Smith, L.J.Polk & J.H.Thrasher, 15 & 16 109 " 50 " 516.67 C. A. O'Keefe, 9,10,11 & 12 96 " 100 " 1033.33 John M. Vincent, 13,14,15 & 16 96 " 100 " 1033.33 Emma L.W. & W.A. Hartman, 9 & 10 85 " 50 " 516.67 Bascom H. Dunn, 11,12,13,14,15 & 16 85 " 150 " 1550.00 FRONT RATE PER N A X S L 0 T BLOCK ADDITION FEET FRONT FOOT TOTAL COST Livingston Oil Corporation, 9, 10 & 11 52 City 75 $10.33-1/3 775.00 W.R.MoNeal & J.D.Keaton, 12,13,14,15 & 16 52 " 125 " 1291.67 Home Abstract Co., S.501of 9,10 & 11 41 " 50 " 516.57 C.J.Miller, (H:60'of 9,10 �c 11 & 820'of E.751 of 13 41 ° 80 " 826.67 J.N.Brooker, 14,15,16 & 9.15'of 13 41 " 90 " 930.00 Goo. L. Gause, 9 & 10 36 " 50 ° 516.67 J. T. Feild, 11 a 12 36 " 50 " 516.67 0. A. O'Keefe, 13,14,15 & 16 35 " 100 " 1033.33 W.H.Smith & I.H.Burney, 5 & 6 8 ° 100 ° 1033.33 Mrs.Mary Willcox (fame sole), J.C. & 1 8 ° 100 " '1033,33 Mrs.Cora Griffith, TOTAL COST TU PRUPERTY OWNERSr - - - - - - - - - - - 71,702.94 Northern rexas Traotion Co., 4500 sq. yds. Paving, @ $3.908 - - - - - - 17,586.00 Texas & Pacific Railway Co., (570-ft. of track), 506-2/3 sq. yds. Paving, A 43.908 - - - - - - 1,980.05 G. 0. & S. F. Railway Uo., (80-ft. of track), 91-1/9 sq. yds. Paving, @ $3.908 - - - - - - 277.90 City of Fort Worth, - -- - - - - - - - - - - - - - 30,507.45 GRAND TOTAL, - - - - - - - - - $122,054.34 h 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, claims or titles, except lawful city taxes; that the amounts payable by each owner and assessed against his or her property, above, shall be payable as follows, to-wit- In three equal installments, one payable within 30 days from date of the completion of the work and its acceptance by the City, one within one year, and one within two years from said date of acceptance, provided that said owners shall have the right to discharge any installment before maturity by payment thereof with anbruedtinterest. That default in the payment of any installment of principal or interest upon said assessments when due as herein provided shall, at the option of said General Construction Company or .other legal owner and holder of said assessments, at once mature the whole amount thereof, both prin.eipal 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 acceptance at the rate of. eight (8) per cent per annimm, 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 authorised 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 if any of the said property owners against whom and whose property the assessment is hereby, made, shall not pay in full when said work is com- pleted and accepted by the City the amount so assessed against them, 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 assessments, and against their said property, which said certificates shall declare the said sums to be due and payable in installments as herein provided, 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 thereon, herein fixed at eight (8) per cent per annum, and each certificate shall recite 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 such property by number and block, or by such other desoription as may identify the same with re'r.g;Gy to any other Met, A.Z hb& owner is not known and if the property is owned by'an estate, it will be , sufficient to so state the fsc`,. Said certificates shall provide that if the amount herein declared shall not be paid when due, that it shall be collectible with accrued interest and with court costs and attorneys fees, if same have been incurred, and 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 Port Worth, 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 Secretary with the Corporate Seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipts for payment thereon, which receipts shall be evidence of such payment on any further demand for same by virtue of the said certificate 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 the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the COMMERCE STREET SPECIAL CERTIFICATE FUND NO. 1, and.that whenever any payment shall be made to the Tax Collector upon such certificate, it shall be his duty upon presentation of such certificate by the said contractor, or other holder thereof, to endorse said payment thereon, and that the said contractor or holder of such certificate shall be entitled to receive from the said City Treasurer the amount so paid upon the presentation of the said certificate credited with the amount paid thereon, and that said endorsement and credit shall bw--the- Treasurer's warrant for making shch pR"* —" t to the said contractor, and that such payment by the Treasurer Ernl.Z also he 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. Such certificates shall also recite that the City of rort 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 ether holder thereof, shall have the right to collect such certificates as I F Vt therein provided by the terms of the Charter of the City of Fort Worth, and that the said'Uity of Tort Worth shall, whenever demanded by the said oompany or holder of said oertifioate, fully exeroise its Charter power to enforoe the lien seouring said oertirioate and oolleot the same, but shall not be liable in any manner for failure to so oolleot or enroroe the lien thereof. 5. That this ordinance shall take effect from and after its passage. I hereby certify that the above and foregoin Ordinance was duly presented, passed and adopted by the Board of Ctlmmfeai-omere of the City of Fort Worth, Texas, at a Regular Session of said Board held January 20th, A. D. 1921. James Liston, Jr., City Secretary.