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HomeMy WebLinkAboutOrdinance 171 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT: A WHEREAS, on the { d-,=y o f } f 19 the Board of Commissioners of said City directed the improvement of College Avenue from Pennsylvania Avenue to Capps Street, by raising, filling, grading and paving the same, and, Whereas, in accordance with said resolution, specifica- tions 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, Whereas, said bids were received, opened and considered by the Board of Commissioners; and the bid of the TEXAS BITULITHIC COMPANY, a corporation, for the improvement it the said College Avenue, was accepted by the said Board of Commissioners, and, Whereas, the said TEXAS BITULITHIC COMPANY has entered into a contract with the City of Fort 'Sarth, as provided b 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 Bitulithic pavement upon a five inch gravel concrete foundation, and, Whereas, the said company has executed its °fonds to the City of Fort Worth for the construction thereof, in accordance with the said contract, and specifications, with such surety as required by the said City Charter, which contract and bond, with h� s 1tt �� 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 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, theVD day of 19 find and declare the necessity of assessing a portion of the cost of said improvements against the owners of property abuttire 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 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 notices as therein provided, and, Whereas, in accordance with the 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 Star-Telegram a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said hearir�, anj 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, Whereas, the said hearing, in accordance with the said resolution and not'ce, was held bar the Board of Commissioners on R the41--day of "ff 19� , at mine o'clock A.M., at which time and place be - ;:,. owners of property, appeared to protest the said assessment , and the benefits of said improvement connected with the improvement of the said College Avenue. NOW, THEREFORE BE IT FURTHER ORDAINED BY THE SAID BOARD OF COMMISSIONERS AS FOLLOWS, TOW-IT: 1. That the benefits to each parcel of property of each owner hereinafter named,in the enhanced value of the said property, exceed in each case the amounts hereinafter assessed against such owners and their property. And, said board having considered the evidence, and it a pearing 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 front- age improved, would be in all cases just and equitable, and in accordance with the benefits received, and with the apportionment of the cost of said improvements Fetween the property owners, and the assessments hereinafter made, will effect substantial equality and justice between property owners having in view benefits re- ceived by, and burdens imposed upon, such owners. 2. That there is, and shall be, assessed against each ti of the owners of property herein below named, and against several parcels of property of the said owners herein below described, as their proper pro-rata part of the cost of the said i;qrovenents, 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 amoiint in money hereby assessed against each one, and his property,being as follows, to-wit: .�3 • 4 Z y -4- _ That the amount set opposite the name of each owner above, and his property is hereby assessed agaj44t the said property and deolared to be the personal liability of the owner thereof, and secured by a lien upon the said property superior to all other lions 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 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 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 assessment and claim of personal liability shall be enforced, either bT the tale 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 pre- scribed by the City Charter, and general laws, or by suit to en- force the said claim of personal liability, or lien in any court halting jurisdiction. 4. That if any of the said property owners, against whom and his property the assessment is hereby made, shall not pay in full when due the amount so assessed, then, that the city shall -5- i Q\\,o issu to the said TEXAS BITULITHIC COPS ANY, 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 upon the completion and acceptance of the said work, and shall be payable to the said TEXAS BITULITHIC 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, ,=d shall describe sm4h property by number and block, or by 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, and if the property is owned by an estate, it will be sifficient to so state the fact. Said certificate shall provide that if the amount herein declared shall not be paid when due, that it shall be collectable with accrued interest, and with Court costs and attorney's fees, if same have been incurred, and shall recite that the proceedings with reference to such improvement 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 - 6 - #� r City Secretary with the corporate seal. Said certificate shall provide that the same shall be payable to the Tag Co rector of the city, who shall issue his receipts for payment thereon, which re- ceipts 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 pro- vide that the Tax Collector shall deposit all sums received by him on said certificates with the City Treasure r and the said City Treasurer shall keep the same in a separate fund which fund is hereby designated as the COLLEGE AVENUE 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 pXesen- tation by the said contractor, or the holder thereof, to eiLdorse 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 credits shall be the treasurer's warrant for making such payment to the said contractor, and that such a payment by the treasurer shall also be receipted for by the said holder in writing to the said treasurer, or b- the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. Such certificate shall also recite that the City of Fort Worth shall not be liable for the payment thereof, -7- k 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 pro- vided 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 certificate, fully exercise this 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. z I hereby certify that the a;ove ai�6. V oi'd!._:ane.. as p: s-.nt.d ana unan'. zi1 p&Evse:� ;; 4i 4 Board of si n. rs of `v- City of Fort Wo.-th at a ss.on of said Board -:.lct dune 14th,1910. 0iL, cic:t.ar,,: .