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HomeMy WebLinkAboutOrdinance 695 r ORD I NAN C E No. '�_f AN ORDITr'AIuCE A33ESSING A PORTION OF TIE COST OF IlaoROVEIMITT ON DAGGETT AVENUE, IN THE CITY OF FORT WORTH, TEXAS, BETMIT N ITS INTERaE TION WITH THE EAST LINE OF CAI 3MET', AND ITS INT,7RSECTION WITH THE WEST DINE OF JO��S STR: �T AGAINST THE OVa\7ERS OF PROPERTY ABUTTING THEREON, A7D THEIR PROP RTY, AND OWNERS OF STREET AND STEAM RAILWAYS AND THEIR PROPERTY. BE IT $RDAINED BY THE mOA-'_. -OF G- '-HE 0I7Y OF FORT ' �:OR TH, TEXAS, That: WHEREAS, On the 12th day of November 1919, the Board of Commissioners of the said City directed the improvement of DAGGETT AVENUE between its intersection with the EAST line of ':.LAIN STREET with its int-rsection with the V'RST line of JOITES STREET, by raising, filling, .-rading, and paving the same; and, WHEREAS, In accordance with said resolution, specific tions for s id work ere fully prepared by the City Engineer, and adopted by the Board of Commissioners; and, WHEREAS, Bids for said improvements % ere duly advertised for, as required by the City Charter; and, WHEREAS, Said bids we-ee received, opened -.nd considered by the Board of Commissioners, -nd the bid of the General Engineer- ing & Supply Company, an unincorporated joint stock, association, for the improvement of the said portion of said street, was _ accepted by said-HGLar _af Commissioner-s-; -anA, WHEF.EA3, The said General i:ngineering & Supply Company has entered into a contr-ct wit-:. the City of Fort -..orth, as provided by the Charter, for the improvement of said street, within the said limits by raising, ---radin" :tind fillin.• the same, and by paving the same with.Three-inch iTertical Fibre Brick p°.vement upon a five-inch gravel concrete foundation; and, VIH3TEAS, The said Company has executed its bonds to the City of Fort '•"orth for the construction -nd maintenance there- of, in accordance with the said contract, and specific tions, with surety as required by the said City Charter, which con- tract and bonds with the surety thereof, have been duly approved by the a;-id Board of Commissioners; end, .WHEREAS, Thereafter, the City Engineer o" said City filed his written statement with the Board of Commissioners cone -rn- ing the said improvements, and the cost thereof, as pr:;vided r. . Section u, C_—pier 14, of the C'_�-:x r of the City, �vtic_2 b r_� ,._ a cons;.Aw,.e,• -by +_ $trees cvrr_,!"Lcd ^r" .:p .roved; and, WHEREAS, Thereafter the s -id Bo-rd did, by resolution of d te, the 13th day of JANuary, 1920, find -nd decl: re the necessity of .-.ssessing a portion of tLe cost of said improve- ments -.ghinst the ov.ners of the property abutting thereon, and owners of street and steam railways t'- ,reon and their property aad did prescribe a he, ring of t'ze s; id owners, t' eir ttorneys, and agents, and fixed a date therefor and did direct the said secretary of the said City to issue notice of the said .e ring by advertiaeraent, as provided by the said City Charter, and also by posting s•i.id notices as provided therein; and, WHEREAS, In accordance with the said resolltion, the City secretary did issue a notice of the s ,id he ring to the said owners by publication thereof, for the time -nd in Vhe :•:• nner prescribed by the C i ty Charter, in THE TORT WORTH RECORD a d ily paper of generAl circulation'in the C it7 of Fort orth, for five (5) consecutive days prior to the said herring, and d.id. 3s; notify the sa oS.ii;':y ... .i"_ `.i..ring bj, UQstass�; a copy of the said notice to ea.c'-. of them, at the post office, in the City of Fort ..orth, Texas, more than ten days prior to the date of the hearing; and, WHERSA3, The said hearing in accordance with the said resolution and notice 7115 held by the Board of Commissioners �o_ the _ day of _ 19 2p�_, at 9:e o'clock _.�__ , at 5.'i ti:..., -nCl place 710 ownersj appeared to protest the said assessment and the bene- fits df said improvement connected with the improvement of sa.-d porti•x2 oz aald street. NOW, THSREFOR23, Be it further ordained by the said Board of Commissioners, as follows, to.-wit: (1) That the benefits to each p�-reel of abutting property of each owner hereinafter named in the enhanced value of e id 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 prloperty is to the whole frontage improved, would operate unjustly in particular ca.ses and that the apportionment and assessment hereinafter made will effect substantial equlity and ,justice between property owners, having in view benefits received b; and burdens imposed upon such owners, and said apportionment is hereby SLdopted. (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 de- scribed as their proper pro r-ta part of the cost of the said improvements, the sev:ral 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: • ter.. Cortr. .-- Awarded: Yov%dber 25-1915 9" Paving-3" 7ext.F1b=o Briok Contraotor: General Engineer- to ing & Sup-ply Company. Paving-1-5/9 8q. c,.0 3.2545.06 Gutter-1 Sq. Ft. " .25-r .35 Exoatrar-5/13 '8q.Yde." .85-- .35 Total Rate per Front Foot-------------T5-.6-6 January 10-1930. PAVING ASSES8=, " FOR DAGGETT AVEINE, FROM EAST LI,E OF SOUTH MAIN TO r..EST LINE OF J01 B STREET. o m bra. ADDITIOI 1 i . _ Paden Iron & Steel Co. DAGGETTtS Part 4 3 SECOND 100, 06.60 $566.00 Peden Iron & Steel Co. Part 5 3 " 92t " 520.73. Jake Saler=-10081.00 5 & 6 4 " 1001 " 566.00 Joe asadA0-4SX100- 5 & 6 4 " 42 t " 237.70 Joe aph & An aline, T�iiller-W. 671 bi----- 7 & 6 4 " 67 t " 379.22 Sera. E.J. Dag ett- E. 75, ox------- 7 & 8 4 " 751 " 434.50 Urn. Josephine MoNamaxra,-6 5 " 1421 " SO&73 Ft.Worth Warehouse & Traximfe,r Co.-M----I 10 " 142t " 803.72 J.L. Walker-40g100 & �aet 1/3 of------ 14 11 " 92t " 530.73 J.H. Smith W. 50t of- 14 11 " 501 " 383.0 Theodo a J. Olark-E.251-1 11 " 251 " 141.50 Thoo. P. Maxk- W. 251 of E• 50, 11 " 361 p '141..50 T.S. Bennett--W. 671 of E. 1171 o ---- -- 1 11 " 671 " 379'.2.3 Mary E.H. PhillipPs'Wife of E.H.Phillips-W.251of 1 11 " 251 " 141.50 Ft.Worth Pump & Windmill Oo.--------- 90 HILLSIDE 1003 H.E. Sawyer & Emma. Ann ftwyO--- 3.9 " 100, " 566.0 TOTAL PROPERTY ASS M=--U------------------------- City Ageeagment: Paving- 579.0 Sq.Yds. 0 03.25- $1881.75 Ourb- 83.6 Lin. Ft." .75- 63.11 Gattev-• 198.82 Sq.Ft. " ,25- 49.71 Exoava- 166.52 Cu.Ydn." .85- 41 4 `TOTAL COST TO CITY OF FORT - _""""`' a,13b.11 STEAM RAILWAYS: iJ o .& T• rtal lway Pa.ving.- 10.76 8q.Yda t 4 $3.25-- 464.04 E soave,.- 48.0 Cti:Yda. " .86- TOTAL COST TO U.F.& T. RAILWAY O�----------- 504.84 T. & P. Railty- Paving- 44.44 Sq.Yda. ® $3.35- 14 4 .- 1.EXoava1.11 % Ydi. " 85- - TOTAL OOST TO T. & P. RAILWAY 00HPAW*--- ^--------.�15'5.88 GRAND TOTAL, COST Or IMPWVEMVS..= *ft..W 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, cD-ims or titles, except lawful taxes, th^t 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 acceptance by the C ity, one wi thin* one year, and one wi thin two ye"rs from said date of acceptance, provided that said owners shall have the right to disch rge any bafQre maturitg by payment thereof with accrued interest. Thpt default in the payment of any instalment of principal or interest upon saiA assessments when due as herein provided shall, at the option of said General Engineering & Supply Company or tither 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 acceptance 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 mann-r, as far as applicable; as sales are authorized, to be made for non-payment of City Taxes as pre- scribed by the City Ch rter and general laws, or by suit, to enforce the said claim of personal liability or lien in any court hevin,, jurisdiction. (4) Th n+ity 3= iss 'die-as t 4e:rera-11- 2nelneer- ing & Supply Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against their said property, which said certificates shall decl ,re the said sums to be due and payable in instalments as herein provided after completion and acceptance of said work, and shall be payable to the said General Engineering & Supply Company, and shall state the amount due from each property owner, and hereby assessed against his propetty, and the rate of interest thereon, herein fixed at eight per cent (8`c) 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 personal liability of the owner, and shall de- scribe such property by number and block, or such other descrip- tion 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 suffici*nt to so state the fact. Said certific;-�tea shall provide that; if t'ae amount therein declared or any instAlmenl o" principal or i--t-rest T' rsof shall not be p-id when due, that the whole amount thereof shall be collectible with accrued interest, and with court costs, and reasonable attorneys fees, if same have been incurred, and shall recite the proceedings with reference to such improve- ments have been made in compliance with the terms thereof and the charter of the City of Fort '..orth, and that all pre-requisites to the fixing of the liens and personal liability, evidenced by such certificates, h ve been performed, Said Certificates shall be executed by the mayor and attested by the City Secretary with the corporate seal. Said d;rtificates shall provide the t 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 de- mand 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, nd shall provide that the Tax Collector s :all 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 DAGGETT AVEITUE CERTIFICATE FU''ID No. , and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall be entitled to receive from the City Treasurer the amount so paid upon presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurer's warrant for makin,; such payment to the said contractor, and th,•t 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 certific-tes may be issued, with coupons thereto attached evidencing the several instalments of-priw-ig .l inter-sjtbjtr_gof, which c::-.:._,ons shall be executed and attested by the -`;Lyor and City jecreta.ry as are said certificates under the terms hereof, but the signatures of said ILayor and 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 surrender- ed to the City Treasurer as herein provided. Such certificates shall also recitethat 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 th. t 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 certific tes, fully exercise its charter power to enforce the lien securing the said certi- fic: te, nd 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-shwi-1 take effee-t from :::l a"far its passage. I hereby certify that the above and foregoin Ordinance was duly presented, passed and adopted by the Board of Commissioners of the City of Fort Worth, Texas, at a Regular session of said Board hold--4rivary 20th, A. D. 1920. James Liston, jj!., r �� � �- City Secretary.