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HomeMy WebLinkAboutOrdinance 397 ORD TNANCT NO. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IlAPROVTMFNT OF HAWTHORNS STREFT FROM THE WEST PROPERTY LINE OF COLLEGE AVENUE TO THE EAST PROPERTY LINE OF WASH- INGTON AVENUE, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY 0000000 c � t BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF TIT CITY OF FORT WORTH, THAT: WHEREAS, on the 4th day of November, 1913, the Board of Commissioners of said City directed the improvement of Hawthorne Street, from the west property line of College Avenue to the east property line of Washington Avenue, by raising, filling, grading and 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 Board of Commissioners, and WHEREAS, bids for said improvement were duly advertised for, as required by the City Charter, and WOEM AS, said bids were received, opened and considered by the Board of Comm- issioners, and the bid of the General Construction Company, a corporation, for the im- provement, of the said Hawthorne Street, was adopted by the said Board of Commissioners, 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 by paving the same with vibrolithic Pavement, and WHEREAS, the said Company has executed its bonds to the City of Fort 'forth for the construction thereof, in accordance with the said contract and specifications, with such surety as is required by the said City Charter, which contract and bond, with the surety thereof, have been duly approved by the said Board of Commissioners, and IMRFAS, 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 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 23r4 day of December, 1913, 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 and agents, and fixed a date therefor and did direct the Secretary of 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 WHERFAS, in ¢eoordanoe 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 Citq Charter in the Fort Worth Record, 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 hearing, 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 ITHEREAS, the said hearing, in accordance with the said resolution and notice, was held by the Board of Commissioners on the 6th day of January, 1914, at 9 o'clock a.m., at which time and place the following owners of property appeared to protest the said assessment, and the benefits of said improvement connected with the improvement tamMuzist of the said HA:PTHORNE STREET: NOW, THFRFFORE BT IT FURTHER ORDAINED BY THE SAID BOARD OF COMMISSIONERS, 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 against said owners and their property. And the said Board havin� 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 partiou�.ary *wd that �,RWtiokment and ash hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens imposed upon such owners, and said apportionment is hereby adopted. 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 here- inbelow described, as their proper pro-rate part of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their 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: RAT!T FRONT FT.INCLUD. N A M E L 0 T BLOCK ADDITION FNTG. SQ.YDS. GUTTER C O S T F. F. Strube, SA 13 & S.-j 14 1 Lawn Place 100' 144.444 02.9578 0295.78 B. B. Brown, 10, 11 & 12 1 " " 150, 216.667 " 443.67 d. R. Chaffin, 9 1 " " 50, 72.222 " 147.89 Joe Tkaoz, 8 1 " " 50, g2.222 " 147.59 B. B. Brown, N.1 6 & N.1 7 6 " " 100' 144.444 " 295.79 W.L.Anderson & Wife, 4, & 5 6 " " 100' 144.444 " 298.78 H. G. Cottar, 3 6 " " 50, 72.222 " 147.89 Chas. L. Smith, 1 & 2 6 " " 100' 144.444 " 295.7B 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 taxes; that the amounts payable by each owner, and assessed against his or her property, above, shall be payable as follows, to-wit: In full, within thirty (30) days after the completion of the improvement in front of the property of each respective owner and acceptance thereof by the said City. 3. That the assessment shall bear interest from the date of the said completion and acceptance at the rate of eight (6) per cent per annum, 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 authorized 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 ,jurindiotion. 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 contractor for the said improvement, assignable certificates against the owners of said property so fail- ing to pay such assessments, and against their said property, which said certificates shall declare the said sums to be due and payable upon the oompletion and acceptance of the said work, and shall be payable to the said General Construction Compan and shall state the amount due from each property owner and hereb assessed against hi , property. and the rate of interest thereon, herein fixed at eight (8� per cent per annum, iand each certificate shall recite and declare the fact that the same are secured by a 1$n against the property of such owner, and the personal liability of such owner, and shall �desoribe such property by number and block, or by such other description as may identify the same with reference to any other facts recited, and by the name of the owner, and if the owner �a not known or if the property is owned by an estate, it will be sufficient to Is state the fact. 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 attorney's fees, if same have been incurred, and shall recite t',at 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 oertifieates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Secretary with Corp- orate 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 t'�'rAcn, which receipts shall be evidence of such pay=-nt on any demand for same by virtue of the said certificates, or any penda contract to pay the same entered into by the owner hereof, and shall proms e t 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 HAWTHORNE STREET SPECIAL IMPROVr.MFNT FUND NO. 1, and that whenever any payment shall be made to the Tax Collector, it shall be his duty, upon presentation by the said 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, the amount so paid, upon the presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credit shall be the Treasurer's warrant for making such payment to the said contractor, and that such payment by the Treasurer shall also be receipted for by the 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 part in full. ♦ _ 1 Said 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 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 City of Fort Worth shall, whenever demanded by the said Company, or holder of such eertifioates, fully exercise its Charter powers to enforce the lien securing said certificates, 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 certify that the above and for* going Ordinance was duly presented and unanimously passed and adopted by the Board of Commissioner* of the City of Fort Worth at a session of said Board hold Wednesday January 7th,1914. r City Secretary.