HomeMy WebLinkAboutOrdinance 295 O R D I N A N O E N 0. f °
AN ORDINANOE
assessing a portion of the cost of improvements on
Henrietta Street, in the Oity of Fort Worth, Texas,
from South Boaz Street to Kentucky Avenue, 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. -
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BE IT ORDAINED BY THE BOARD OF C0:4,4ISST0IQL+" OF THE CITY OF FORT WORTH, THAT;
WHEREAS, on the 2nd day of January, 1912, the Board of Oommissioners of the said
City by resolution directed the } rovement of Har:risttta t'tr-�et between its inter-
section with the east proppeerty line of South Boaz Street and its intersection with the
west property line of Kenbuoky Avenue, by raising, filling, grading and paving the
same, and
WHEREAS, in accordance with said resolution, specifications for said wor$ were
duly prepared by the City Engineer and adopted by said Board of Commissioners, and
WHEREAS, bids for said improvement were duly advertised for, as required by the
City Charter, and
WHEREAS, said bids were received, opened and considered by the Board of Comm-
issioners, and the bid of thq General Construction Company, a corporation, for the
improvement of the ^aid Menriebta r{r^ct, wft�.-aecepbed by of Ct -
issi-oners, and
WHEREAS, the said General Construction Company has entered into contract with the
City of Fort Worth, as provided by the Charter, for the improvement of. the said street
within the said limits, by raising, grading and filling the same and paving the same
with Vitrified Brick pavement, upon a five inch gravel concrete foundation, and
WHEREAS, the said company has executod its bonds to the City of Fort Worth for
the construction thereof, in scoordanoe with the said oontract, and specifications,
with such surety as requirel by the said Cityy Charter, which contract and bonds, with
the surety thereof, have been duly approved by said Board of Commissioners, and
WHEREAS, thereafter the City Engineer of said City filed his written statement
with the Board of Commissioners concerning the said #provements, and the cost there-
of, as provided by Section 8, Chapter 14, of the Charter of the said City, which
statement was considered by the said Board, corrected and approved, and
WHEREAS, thereafter the said Board did, by resolution of date, the day of
1912, 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 attorney s, agents
and fixed a date therefor and did direct the said Secr,tatry of the said City to issue
i 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 6eoretary 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 Star-Telegram, a
daily paper of general circulation in the City of Fort Worth, for five (S) consecutive
days prior to the said hearigrg, and did also notify the said owners of the said hear-
ing, by posting a copy of the said notice to each of them at the post office, in the
City of Fort Worth, Texas, more than ten days prior to the date of the hearing, and
WHEREAS, the said hearing, in accordance wit"! the said resolution and notioe,
was held by the Board of Commissioners on the let day of Maroh, 1912, 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
i the said Henrietta Street:
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NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE SAID BOARD OF COVIIISSIONERS AS
FOLLOWS, 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
assessed againsy such owners and their property. And said Board having oonsidered
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 operate unjustly in partioular,
and that the apportionment and assessment hereinafter made will effect substantial
equality and ,justice between property owners, having in view the benefits received by
and burdens imposed upon suoh owners, and said apportionment is hereby adopted.
2.
That there is and shall be, assessed against each of the owners of property here-
inbelow named, and against the several parcels of property of the said owners herein-
below 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 said
property. The names of the ownxaa said owners, and desoript'ions of the property
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of each, and the total amount in money hereby assessed a-Ainst eaoh one, and his
property, being as follows, to-wit;
( W. J.Boaz, S. YV. 53x112 feet of -
block 4, Boaz Summit addition, 112
feet ,frontage,.156.800 square yards;
cost, $823.01; rate per Loot, $2.8940.
J. S. Whllley, S. 53xl12 feet of
block 4, Boaz Summit addition, 112
feet frontage, 156,"0 square yards;
post, $HiO1; rate per foot, E2.8840.
Mrs.Phgla Hslre,.lot 2,block 5,Bosz
Summit addition, 120 feet frontage,
6 square garde; cost, EE18.61;
rate
rate t>er foal, 12.090.
W.J.Boaz,lot 3,block 5,Boaz Sua]-
mit addition, 115 feet frontage, 148.222
square yards;-cost, $305.33; rate pef
foot, $2.6560.
J. S. Coe, lot M block 10, Alford &'
Veal's addition, 154 feet frontage,
• 215.600 square yards; cost, $444.14;�
rate per foot, $2.8940.
L A. Clark, lot 1, block 1, AIford &
Veal's addition, 154 feet frontage,
198.488 square yards; cost 1408.88;
rota G, .ici t B65f1�
F.G, Surr,y, a`. 60 ffre o of s
2,block 1,Alford&Veal's addition, 50
feet frontage,64.444 square yards; cost.
11132.76; rate per foot,$2.6660.
M M. Sims, middle 64 feet of lots 1
and 2, block 1, Alford & Veal's addi-
tion, 84 feet frontage, 69.600 square
yyards; coat, $149.37; rate per foot,
t2.8660.
Lena Arnold,M 60 feet of lots 1 and
2,block 1,Alford&Veal's addition.60
feet ftonte#e,64.444 k1uare yards; cost,
$132.75: rate per foot, $2.8560.
Total for property owners, 1.229.094
square yards; cost, $2,631.86.
Total for Northern Texas Traction
Company, 1.1115.489 Square yards; coat,
$2,297.96.
Total for city Of Fort Worth, 842.627
square yat'dB; cost,E796.61.
Grand fetal, 2,8$7.0 7 square yards;
cost,$5,695.32.
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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 upm the said property superior to all
other liens, claims or titles, except 'lawful taxes; that '-", 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 said City.
3.
That the said assessment shall bear interest from the date of the said completion
and acceptance at the rate of S% p annum, an.-IL if not paid-wban due, tl,- Laald assens-
ment and olaim of gpeersonal si,�y shall be enforced, either by the sale of such
property by the officar, 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 Chester,
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 due, the amount so assessed,
then, that the City shall issue to the said General Construction Company, the con-
tractor 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 pays.ble upon the com-
plation 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 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 b number and
block, or by such other desoription as may identify the same with r5erence to any
other fiact recited, and by the name of the owner, and if the owner is not known, and
if the property is owned by an estate, it wijl be sufficient to so state the fact.
Sa�,d certifi-cates shall prqyi that if the Mount herein declared shall not be
paid when due, that it shall be eo ec - e"niti aocruud interest, and with Court
costs and attorney's 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 contract of the City of Fort 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 An�at further demand for same by virtue of the said certificate, or any indepand-
er�t 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 HENRIETTA 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 by the said
j contractor, or 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 thq amount so paid upon the presentation of the said certificate,
credited with the amount paid thereon, and that said endorsementNand credits shall be
the Treasurer's warrant for making such payment to the said contractor, and that such
payment byy the Treasurer shall also be receipted for by the said holder in writing to
the said Treasuaee, or by the surrender of said certificates, when the principal
thereof, together with accrudd interest and cost of collection, shall be paid in full.
Such certificates shall also recite that the City of Fort Worth shall not be
r liable for the payment thereof, or for any interest thereon, or for the cost of
collecting or enforcing the same, but that 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 Cit of Fort Worth shall, when-
ever demanded by the said company or holder of said certficate, fully exercise its
Charter power to enforce the lien securing said certificate, 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 oertify that the above and foregoing ordinance was duly
presented and unanimously passed by the Board of Commissioners of
the
City of Foryt��W/orth, at a session of the/said-Board held
City Secretary.
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