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HomeMy WebLinkAboutOrdinance 370 FORM No. 14 li1V V iiLL1V L11V %/i/(//^/�O/j PEACH Assessing a portion of the coat of improvement on...._..__ ..+-- Street,in the City of Fort Worth,Texas, between its intersection with the.__EAST _line L_SAMUELS -AVENUE _it, and its intersection with the_WEST_._line of LIVE OAK Street against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: 10th October �r WHEREAS, On the....___........._......_.....day of. _ _ 1911._, the Board of Commissioners of the said City directed the improvement of BiyC ._ __.___.____Street between its intersec- tion with the AM! line of.. with its intersection with the_wee_t.................line of Live Oaktreet,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 the Board of Commissioners; and, WHEREAS, Bids for said improvements were duly advertised for, as required by the City Char- ter; and, WHEREAS, Said bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas uuht 'c Company, a corporation,for the improvement of the..._-_-.Ba id_ — tit, as accepted by said Board of Commissioners;and, WHEREAS, s 'd Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid the C rt , for the improvement of said street,within the said limits by rais- ing,grading,and filling th a ,and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' ; d, WHEREAS, The s ' Compan ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, i cc ce with the said contract, and specifications, with surety as required by the said City Ch er hie contract and bonds with the surety thereof, have been duly approved by the said Board mmission • and, WHEREAS, Thereafter, the City e of said City filed his written statement with the Board of Commissioners concerning the s v ents, and the cost thereof, as provided by Section 8, Chapter 14,of the Charter of the i i statement was considered by the Board, corrected and approved; and, EREAS,Thereafter the said Bo di esolution of datt-the.-13ti&y u i aglt il)�Ar , 191find and declare the necessity oP es ' g a portion of the cost of said improvements against the owners of the property abutting ther n,and their pN erty,and did prescribe a hearing of the said owners,their attorneys, and agents,and fi e a date er or and did direct the said Secretary of the said City to issue notice of the said hearing y ad rt' ment, as provided by the said City Charter, and also by posting said notices as provided ther ' nd, WHEREAS, In accordance with the said solution, t 'ty Secretary did issue a notice of the said hearing to the said property owners by publication er or the time and in the manner pre- scribed by the City Charter, in The Star-Telegram, a' paper of general circulation in the City of Fort Worth,for five (5) consecutive days prior to a id hearin d did also notify the said owners of the said hearing by posting a copy of the said not ce to each at the post office, in the City of Fort Worth, Texas,more than ten days prior to the date th ar g; and, WHEREAS, The said hearing in accordance with t e a re ution and notice was held by the Board of Commissioners on t ...........................day of....................... 19....-.... .., at__.__ o'clock a. m., at which time and place ...... . .................................... .. .. .. .. ..... ...... ......... ........ .. .. . .........I-------------------_...._........... ....................--...----........_.__..........._......_._..._..........___.._............._.......__._......... ... ..._......_........___....---......... .........__....__....._.._.........._. owners of property,ap protest the sai f assessment, and the benefits of said improvement con- nected with the improvement of said ........_....._......._....... pg� " ..........................Street. NOW, THEREFORE, Be 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 he e��nnafter named in the en- hanced value of said property exceed in each case the amounts hereineaftie sensed against such own- `� ers 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 pro- portion 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 benefits received by and burdens im- posed upon such owners,and said apportionment is hereby adopted. (2) That there is,and shall bT sessed against each of the owners of property hereinbelow named,and against the several parcels of property of said owners hereinbelow described as their proper pro rats 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 egflf the said owners,and descriptions of the property of each, and the total amount in money hereb7Asessed against each one, and his property, being as follows,to-wit: PAVING ASSESSMENT FOR PEACH STREET FROM THE EAST LINE OF SAMUELS AVENUE TO THE WEST LINE OF LIVE OAK STREET. Lot Blk _?l, Bost Per tt. Mrs. Emma Morgan Lamb 10 ?- 156 City 100 $575.22 $3.5961 and her husband J.M.Lamb joined pro forma and Mrs. J.H.Marshall, jointly and severally as their interest may appear. ww a F - FORM No. 14--Continued 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, claims or titles, except lawful taxes, that the amount payable by each owner, andr 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 accept- ance at the rate of 8 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 man- ner, 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 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 an assessment is hereby made, shall not pay in full when due the amount so�assessed, then, that the City shall issue to the said Texas Bitulithic mpany, the contractor for the said improvement, assignable certificates against the owners of aicypr perty so failing to pay auch%assessments,and against their said property, which said certi ' at a all eclare the said sums to be due and payable thirty days after completion and acceptance o said ork, a hall be payable to the said Texas Bitulithic Company,and shall state the amount due from each op y owner, and hereby assessed against his property, and the rate of interest thereon, herei ix at eig er cent (87o) per annum, and each certificate shall recite and declare the fact that the same is s r d y a lien against the property of such owner, and personal liability of the owner, and sh d tribe such property by number and block,or such other description as may identify the same wit eference a other fact recited, and by the name of the owner and if the owner is not known, or if the o t is wned by an estate, it will be sufficient to so state the fact. Said certificates shall provide t if the t therein declared shall not be paid when due, then it shall be collectible with accrued in at nd with court costs, and reasonable attorney's fees, if same have been incurred, and shall re 'te the proc gs with reference to such improvements have been made in compliance with the ter s ther f,,add the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lielo w perso 1 iability, evidenced by such certificates, have been performed. Said certificates shall be execute y th Mayor and attested by the City Sec- retary with the corporate seal. Said certificates sha pr ide that the same shall be payable to the Tax Collector of the City, who shall issue his receip for pay t khereon, which receipts shall be evidence of such payment, on any demand for same by vi of� d certificate, or any independ- ent contract to pay the same, entered into by the owner r f, d shall provide that the Tax Col- lector shall deposit all sums received by him on said certific s with.�}fe'�ty Treasurer and the said City Treasurer shall keep the same in a separate fund, which fu``nd/,liereby designated as the-_�.._... Peach Street CERTIFICATE FUND No.l..__,and tha uhene�a payment may be made to the Tax Collector upon such certificate, it shall be his duty upon preieptkidn the said contractor, or the holder thereof, to endorse said payment thereon, and that the koo ttxaa for or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amoun 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 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 by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. i 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 enforcing 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 de- manded by the said Company, or holder of said certificates, fully exercise its charter power to enforce the lien securing the 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. _4 /_r-1 1 r Ordinance N0.370 cont'd. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a seesion of said Board Held Tuesday March 25th,1913. City ecretary.