HomeMy WebLinkAboutOrdinance 196 4+ r
Ordinance No.196.
AN ORDINANCE assessing a portion of the cost of
improvement of WEST SEVENTH STREET in the City of Fort North,
Texas, between its intersection with Throckmorton Street and
the Trinity River Bridge, against the owners of property abut-
ting thereon, and their property.
BE IT ORDAINED by the Board of Commissioners of
the City of Fort Worth, Texas, that: -
WHEREAS, on the 4, day of 1910,
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the -Beard of -Commissi-ontys o&f-the said ty directed the im-
provement of West Seventh Street between its intersection with
Throckmorton Street and._the Trinity River Bridge, by raising,
filling, grading and paving the same, and
WHEREAS, in accordance with said resolution, speci-
fications for said work were duly prepared by the City Engineer,
and adopted by the Board of Commissioners, and,
WHEREAS, bids for said improvements were duly adver-
tised for, as required by the City Charter, and,
WHEREAS, said bids were received, opened and con-
sidered by the Board of Commissioners, and the bid of the Texas
Bitulithic Company, a corporation, for the improvement of the
M.
said street, was accepted by- the said Board of Commissioners,
and,
WHEREAS, the said Texas Bitulithic Company has en-
tered into..a contract with the City of Fort North, as provided
by the Charter, for the improvement of said street, within
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the said limits, Fy raising, grading and filling the same, and
by paving the same with Bitulithic pavement upon a five-inch.
F gravel, concrete foundation, and
WHEREAS, the said Company has executed its bonds to
the City of Fort Worth for the construction and maintenance
thereof, in accordance with the said contract, and specifica-
tions, with surety as required by the said City Charter, which
contract and bonds, with the surety thereof, have been duly ap-
proved 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 improvements, and the cost thereof, as pro-
vided by Section 8, Chapter 14, of the Charter of the City, -
which statement was considered by the Board, corrected and ap-
proved, and
WHEREAS, thereafter,the said Board did, by resolu-
tion, of date the day of , 1910,
find and declare the necessity of as sing a portion of the
cost of said improvements against the owners of the property
abutting thereon, and their property, and did prescribe a hear-
ing of the said owners, their attorneys, and agents, and fixed
a date therefor and did direct the said 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
F notices as provided therein, and
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WHEREAS, in accordance with the said resolution,
the City Secretary did issue a notice of the said hearing to
F the said property owners by publication thereof, for the time
and in the manner prescribed by the City Charter in the Star
F'
Telegram, a daily paper of general circulation in the City of
Fort Worth for five (5) consecutive days prior to the said
hearing, 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 postoffice in the City of Fort Worth, Texas, more than ten
days prior to the date of the hearing, and
ti'EEAS, the said hearing, in accordance with the
said resolution, and notice, was held by the Board of Com-
missioners on the 1/ ; day of 1910, at
/ q o'clock A. M. , at which time I place
own.erk of property, appeared to protest the said assessment
and the benefits connected with the improvement of said West
Seventh Street.
NOW THEREFORE;, be it further resolved by the said
Board of Commissioners, as follows, to-wit:
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That the benefits to each parcel of property
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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 operate
unjustly in particular cases 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 such owners, and said ap-
. portionment is hereby adopted.
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That there is, and shall be, assessed against each
of the owners of property hereinbelow named, and against the
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several parcels of property of said owners hereinbelow describ-
ed as their proper pro rats part of the cost of the said im-
provements, the several suns of money set opposite the names
of the said owners and their property. The names of the said
AMPS
owners, and descriptions of the property of each, and the total
amount in money hereby assessed against each one and his prop-
erty, being as follows, to-wit:
Pavin Asgaaarnent fer of
9 13feat Beven4h 8t�ltt'♦rt'CB4 West Property >:yf"a of
Throckmorton Street to Trinity Rim`. +
Rate
Name,Lot, Block and Addition. Wontage. Sq.Yards. Cost. Per Ft
tire. A.J.Roe, Its. 8 and 4;blk. 106,City ad..2o0 270.420 $664.501 $2.8226
St.Paul's M.E.Church,It.3,blk.105, City ad,100 129.444 270.214 2.7021
Dr. E. J.Beall, It. 41 blk. 105, City ad.........100 129.444 270.214 2.7021
Elks Bldg.Assc.,Its. 3 and 4, blk.104, City ad.256.5 387.441 704.407 2.7462
Mack Bergman,Its.2 and 3 T,blk.103,City ad.163.8 194.699 406.225 2.4876 v
Mrs.L.B.Pendleton,It.4 T,41k.lot,City ad.. 76 92.255 192.582 2.5989 1
Mre.L.B.Pendletons,It.T T,blk,1,Rector's ad. 60 72.633 151.621 2.5271 1
#5 Mrs.Stella Moore. E. 'A of It 6 T. blks 1, Rec-
tor's `
addition 49 60.242 126.755 2.5664
" J. W. Fisher, W 3¢ of It, 6 T, hilt, 1, Rector's >°
addition . .................................. 49 60.242 125.755 2.6664 :
A. S. Dingee, it. 5 T, blk. 1. Rector's ad.......100 122,944 256.645 2.6664
Mrs.E.C.Fatltdl,hip 8 and D.blk,2,Rector's ad.100 123.610 258,03-0 2,580E
11.D. Ciao, ILL, blk. 2. Rector's ad........... 60 61.805 109.017 2.5803
Mrs. M.J.Loving,_lt,8,bIiCTZ,Rector's ad..... 50 61,809 129.017 2.5808
011ive Peak, It. Y, blk. 3 Rector's ad.......... 60 60.604 126.698 2.5339$:
Mattis R.Gooch,It. 2, @k. S.Rector's ad...... 50 60.694 126.699 2.5389
N. D. Guile,Its.3 and 4, blk, 3,Rector's ad....100 121,389 253.297 2.6339
C. M. Graham,its 2 .r, blk. 4,Rector's ad...... 75 89,375 186.670 2.4876
W. R. Bruce, It. E T, blk. 4, Rector's ad.......126 148.958 310.949 2.4976
Mary Bi4tgef, It. 8 T, blk.410 Rector's ad.....,. 80 98.666 205.965 2.5745
Mrs.Lizzle T.$poher,It.4 T,blk.5.Rector's all. 50 61.666 128.727 2.5745
Ellison Furnitute and Carpet Co.,It.8 T,blk.6,
Rector's addition 60 61.666 128.727 2.6746
J. T. Bowman, V. of Its. 1 to 9 T, blk. 5,
Rector's addition ................I.......... 50 61.666 126.727 2.6745
J. V. Spratling, W. % o1 Its. 1 to 9 T, blk. 5,
Rector's addition ........................... 50 61.6g6 128.727 2.5745
E. L. Stevens, It. 6 T, blk, 6, Rector's ad......140 172.668 360.440 2.5740
R. Vickery, It. 6 T, blk. 6,elector's ad......... 60 61.686 128.727 2.5746
H. S. Davis, It. 4 T,blk.4, Rector's ad........ 65 801166 197.346 2.6745
Mrs.L.D.Bichols,It.3 T,blk. 6, Reotor's ad.. 65 80.166 167.346 2.6745
A.J•,8andegArd and others, It.2 T,bik.g,'Ree-
toys addition 80 98.666 205.965 2.5745
A.L.and G. C. Hartshorn,W 20 ft. of It. 2 T,
MR. 6, Rector's addition .................... 20 24.686 61.490 2.6,745
A.L.and G.fA j wtahorn,Its.7 and 8 T.blk.s,
Van Zandt'b addition .......................109 134.443 280.626 2.6746
A.L•and O.C.Hartshorn,It.17,blk.A.Brown-
1ng's ilub. II ... 1. 40 49.333 102,992 2.57451
Max isln,It. sub.. 53 65.866 136.451 2.5746
G.Asa ia.,blk. •ti,"Brawl+Sh6's sub... 50 61.666 129.727 2,51451 1
G.Browning,It. 22.Wk. arow floes sub.. 57 70.300 146.751 ?,Xafl-1
N K. M. Van Zandt, Its. 4, d 6, blk. 2, k all wS7s
Zand'ts adsUtlon . ..200 ""110
E. Doak Capp*, Its. 4, 7 and 8, bik. 1, Van
ndt's addition ...........................317.6 746.260 1.557.796 4.6166
;e!ig
Chas. 1"ournier, Andre Fournier, Dodge and
i 3jaald*,part`df W.M.2NOOMpsarvey........294.1 692.551 1,415.701 4AI'1C T
I{. U. Van.Ze&A*►W 7 blk. 5, W. 3d,,Rue iJ -
•, 41 -
i sat6ey ..:...... ..............114•i 894�8� 815.O1F b.3900I
1 K. M,Van Zandt, it. 1 T, bik 4,-W M. Russell i
survey . ....................................120 265.33E 553.882 4.6156
K M. Van Zandt, It. 1 T, bik- 2E, Jennings 1
west addition . , 23'U 740.260 1.557.796 4.6156
Hyde Jennings. East, it. 1T, blkSi ,Jennings :
west addition . ......100 178.065 371.689 8,7168I
Then. F. West, It, 2 T, blk, 83, Jennings went
addition . ... .. .. .100 178.055 371.689 9.7168
(Hyde Jennings,East,blk_22,Jennings west ad.200 246.686 614.916 2.6743
Hartshorn Bros„It. 1 T.%lk. 26, Jennings west
addition . ..................................100 123.383 257.457 2.5745'
Baskin, Dodge, Baskin and others, part of It.
2 T. blk. 25, Jennings west ad..........I...too 123.33E 257.467 2.5745
Hyde Jennings, East, blk. 24, Jennings west
addition . ... ........200 246.666 514.915 2.5746
Jane A.Herscher,It.1 T,blk.17,Jennings west
addition . ..•... ........................200 246.666 514.915 2.6745
J. P. Scott and others,It. 1 T, blk. 16,Jennings
west addition ...............................100 119.166 249.769 2.48741
Annie Lou Storms, It. 6 T, blk. 16, Jennings
west addiklo4 . ............................ 60 71.500 149.256 2.4076
Geo.D.Conner, it. T T, blk,16,Jennings wept
addition .................................. 40 47.666 99.602 2.4976
Emma Mathilda Abd111,It.1 T,bik. 9,Jennings
west addition . 50 60.694 126.699 2.5839
Mrs. Alice Mallard, It 2 T, kilt. 9, Jenninge
west addition . ............. 50 60.694 126.114 2.5339
Jno.H.Fitzgerald,It 1 T.blk.9.Jennings wept
addition - ..1110 121.289 253.397 2.5389
.MRa n. c' '+; ,.$:S}p 7weet4104 12BAll _O"0A9fi, ;;
G.h_Cpn+phP11 bik. 8.
Jennings west addition ...... ...... . .. . 48 59.333 123,857 2.5903
J.B.Daniels, It.6 T, blk. 8,Jennings west ad..48 69.333 128,857 2.5803
A,E. Waovall and Augusta Newell, ]t 4 T,blk.
11 Jennings west addition 1 100 122.044 266.645 2.5664
August Reynolds Crenshaw, part of It 5 T,
blk. 1, Jennings west addition........... . 50 61.473 128.322 2.56641
Jno.W.Wray, It.6 T,bik.1,Jennings west ad. 50 61.472 128.323 2.5664 j
lSusan L.Blythe,It 1 T,blk.E.June Smith ad.:108 128.700 268.661 2.4876.
Jno. F.Capers, it. 11 T,bik.3,June Smith ad.108 128.700 268.681 2.4879
M.R. Sans5alnett and others, E. pt.It.6 T,blk.
I1, June Smith ad. ........................... 85 94.690 197.644 2.3263
Dr.W R.Thompson,W.pt,It.6 T,blk.1,June
Smith addition .. „ 19.5 81.870 170.903 2.3252
Susan L.Blythe,It.S T.blk. 1,June Smith ad. 71 82.427 172'•O86 2.3262
'Geo.A.Healing,It. 1,blk. 6,HIrshfield ad...... 6 97,083 202.660 2.7021
i Sam Levy, it. 6, blk. 6, Hirshfield 64.........175 279.471 681.307 3.3217
First M. E. Church, It. 10 T. blk. 7, Hirshflel!
addition . ..................................111 145.63E 803.800 2.5746
otal for property owners .......................10,942.251 $39,541.891
tal for city of Fort Worth.................... 2,699.670 ' 5.405.929
otal for Northern Texas Traction Co............ 7,015.E77 14A4C619
Total for Citizens Railway and Light Co........ 519.706 1,084.886
+ 29,06 ,004 $60.677.304 h
IVOTO-The Wter "T" after lot number denotes that the d4ta was gotten
f••- tfP'cai* Tifle'Comnany man, Offlce of City Engineer. 5-24-10. {
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That the amount set opposite the name of each own-
er 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 prop-
erty superior to all other liens, claims or titles, except
lawful taxes, that the amount payable by each owner and as-
sessed against his or. her property, above, shall be payable
as follows, to-wit:
In full, within thirty days after the completion of
the said improvements, in front of the property of each re-
spective owner and acceptance thereof by the said City.
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That the said assessment shall bear interest from
the .date of the said completion and acceptance at the rate
of 8% per annum, and if not, paid when due, the said assess-
ment and claim of personal liability shall be enforced, eith-
er by the sale of such property by the officer and in the man-
ner, as far as applicable, as sales are autboorized 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 per-
sonal liability, or lien in any court having jurisdiction.
Pr
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That if any of the said property owners, against
whom and their property the assessment is hereby made, shall
not pay in full when due the amount so assessed, then, 41iat
the City shall issue to the said Texas Bitulithic Company,
the contractor for the said improvement, assignable certifi-
cates 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
thirty days after completion and acceptance of said work, and
shall be payable to the said Texas Bitulithic Company, and
shall state the amount due from each owner, and hereby as-
sessed against his property, and the rate of 'interest thereon
herein fixed at eight per cent. (a�) per annum, and each cer-
tificate shall recite and declare the fact that the same is
secured by a lien against the property 'of each owner, and
shall describe such property by number and block, or 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 known or if the property is owned by an estate,
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it will be sufficient to so state the fact.
Said certificate Aal l proviae that if the amount
therein declared shall not be paid when due, then it shall be
collectible with accrued interest, and with`court costs and
reasonable attorney's fees, if the same have been incurred,
and shall recite the proceedings with reference to such im-
provements have been made in compliance with the terms thereof
and the Charter of the City of Fort Worth,- and that all pre-
a
requisites to the fixing of the liens and personal
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 Col-
lector 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 an
independent contract to pay the same; entered into by the owner
thereof, and shall provide that the Tag 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 WEST
SEVENTH STREET CERTIFICATE N0.1, and that whenever any payment
may be made to the Tax Collector upon such certificate, it
shall be his duty, upon presentation by the said contractor,
or the holder thereof, to endorse said payment thereon, and
that the contractor or holder of such certificate, shall be en-
titled to receive fY-cm the City* Trreasurer 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 making such payment to
the contractor, and that such 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 the accrued interest and
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cost of collection, shalT be pala in Mall.
Such 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 en-
forcing same, but that the said company or holder thereof, shall
have the right to collect such certificates as herein 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 certificates, fully exercise
its charter power to enforce the lien securing the said cer-
tificate, and collect the same, but shall not be liable in any
manner for failure to so collect or enforce the lien thereof.
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That this ordinance shall take effect from and
after its passage.
I here'-,y cectif7r that the above and foregoing ordinance
was duly presented and unanimously passed and adopted by the
Board of Commissioners of the City of Fort "'orth,at a session e
said Bos,rd held` Satu'ifday',October lst,1910*,ecre#tary
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