HomeMy WebLinkAboutOrdinance 269 pill-
A N O R D I N A N C E .
Ansesainr. a portion of the cost of improvement on
#East Ninth Street, in the City of Fort Worth, Texas between
its intersection with the East line of Commerce Street and its
intersection with the East line of Harding Street, against the
owners of property= abutting thereon and their property; and
against the Chicago Rook Island and Texas RIcilway Company, a oorporation,
and xxz*x [ its property, and against the Fort Worth and Denver
Terminal Railway Company, a corporation, and its property, and against
the Texas and Pacific Railway Oompany, a corporation and its
property, and against the Gulf Colorado and Santa Fe Railway Company,
a corporation, and its property, and providing for the collection
of the said assessment and the assignable certificates evidencing the same.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH;
THAT;
WHEREAS, on the 1iy day of 1911, the Board of Commissioners
of the said City by resolution directed the improvement of East Ninth Street between
its intersection with the Bast property li#e of Commerce Street and its intersection
with the East property line of Harding Street, by raising, filling, grading and paring
the same; and whereas,in a000rdanoe with said resolution, specifications for said work
were duly prepared by the said Board; and whereas, bids for said improveAen- were duly
advertised for as required by the City Charters and whereas, said bids were received,
opened and considered by the Board of Commissioners, and the bid of the General
Construotion Company, a corporation, for the improvement of said street was accepted
by said Board of Commissioners; and whereas, the said Company has entered into contract
with the City of Fort Worth, as provided by the Charter, for the improvement of said
street within said limits by raising, grading and filling the same, and by paving same
with vitrified pavement upon a five inch gravel concrete base; and whereas, the said
Company has executed its bond to the City of Fort Worth for the maintenance of the
said improvement and for the construction thereof in accordance with said contract and
specifications, with Buret*es as required by the said City Charter, which contract and bond
with the sureties thereof have been duly approved by the Board of Commissioners; and,
w hereaa, thrz* y t-he City Engineer of said,City filed his written stoterert with
the Board of Commissioners concerning the said improvements, and the cost thereof as
+ provided by Section 8,Chapter XIV, of the Charter of the said City, which statement was
1 considered by the said Board, corrected and approved, and whereas, thereafter, the said
Board did , by resolution of date of WLAa7 of L , 1911, find and deolare 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 hearingto said
owners, their agents and attorneys, and fix a date therefor, and direct the City 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 notioes as therein provided, and whereas, in
accordance with said resolution the City Secretary did issue a notice of the said hear-
ing 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 hf Fort Worth for five (b) consecutive days prior to the said hearing by
I posting a copy of the said notice to each of them at the postoffice in the City of Fort
Worth, more than ten days (10) days prior to the date of the hearing; and, whereas, the
said hearing, in accordance withe said resolution and notice, was held by the Board of
Commissioners , on the 88ltk �L ay of , 1911, at 9 o'clock A.M., at which
time and place no owners of property appeardd to contest the said assessment or the
benefits of said improvement or any other matter or thing connected with the said improv-
meat or any irregularity with reference thereto, except
PIP
F @n$ f}z said�ersone having been heard and the/BQa2"d of Commissioners baring
pop heard evidence as to the said improvement and the benefit thereof to the
property of each of the owners named herein, and having fully considered said
evidence,
BE IT THEREFORE, FURTHER ORDAINED BY THE SAID BOARD OF CO;ti1LiISSIONERS
AS FOLLOWS,TO-WIT:
..�. That th% 3tu_eCits to each parcel of -property of eaoh owner
hereinafter named, in the enhanced value of the said property exceed in each
case, the amounts hereinafter assessed against said owners, and their peoperty.
And the 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 to be improved, whuld be in particular cases unjust and inequitable,
and not in accordance with benefits received, ant that the apportionment of the
cost of said improvements between property owners and assessments hereinafter
made, will effect substantial equality and justice between property owners having
in view benefits received by and burdens impvsed on such owners.
SECOND: That t her4s and shall be assessed against each of the owners
of propeN y`below named and against the several parcels of property of the said
owners here-inbelow disoribed as their proper pro-rate part of the cost o!' the said
improvement the several sums of money set opposite the names of the xxxx=a} said
owners and their said property.
The names of the said owners and disoriptions of the property of each and
the total amount in money hereby assessed against each owner and his property being
as Pollows.to-wit: _
-"Paving Assessment for East I4Kirkh street,from thA East Propg4y k.lzw , nnt«
morce Street to the West Property Line of (aiding "4
"4
square Rate per
Name, Lot, Block and Addition- FrontWa yards. Coat. Foot.
Zane Cett1, 1t 1,blk. ilt,city..................240 441.111 8948." S4.741g
Joseph R.Nutt.It.3,blk.11T,city..............200 441.111 948.31 C7411
C.M,Graham,It. 3.bk.-74,city................IN 220.006 473.00 4.7300
Jaa. F. Moore Est, 1t. 4,,bk. 74, city.........100 220.000 473.06 4.7800
Zane Cetti,all of bk.49,city...........•••...•.•200, 440.000 946.00 4.7300
Ed Selbold, It. 4, bk. 48, city..'... ..........209 440.000 946.00 4.730Q
Tex. Brewg. Co., 1t. IT,bk.1S1;ony...........200 440.000 MCOO 4.7304
Tex. Brews. Co., (grove Street, glty............ 60 132.000 389.90 4.7300
0,C. & &F. By. Co., all,of bk. 122, city......240 440.000 846.00 4.7900
G. C. & S. F. Ry. 00, It. 4 and E. % of It. 9,
bk. 120, city •• 00..•169 S30. 0 709.50 4.7300
W.M.Robinson,W. 0,1t.3,bk. 126,city.... 60 110.000 286.50 4.7800
d R.L&T. Ry,Co,It1}';-8i 7 and 8,bk. 125,
'.'city . ..........-...?i", . 889 511.111 1,018.81 4.7771
C.R. L &T.Ry. Co.,Its. 6,6, 1-and 8,bk.U&
pit of-bk.07, Mrr: 70 1W6M 88CU 4.7777
F.W. & D. Ter,Ry,_part of bk. IN, My......160 35L565 764.44 4.777T
T F.W. & D. T. Ry. Co., all of bk. 128, city....290 511.111 U098.89 4.7777
-$Y-W, & Dc T. Ry. CO., Elm street, city....... 60 133.933 286,67 4.777?
M F. W. &D. T. Ry. C' .,aal-af bk T9I;city: �h� - 666.668-a 4--8R 3$� �T - __ -.-
F.W.&D.T_Ry.Ca,Its.1.,4,5 and 6,bk.182,
city . .....................................216 480.000 1,091A0 4.TT77
T. & r.Ry. Co.,.part M R. Briggs survey and
Its. I and 2, bk. 14 aity•.••... ...IN 266.666 $78.39 4.777T
Mary Lou Hendricks et a1:, part of Fi. Briggs
survey, city ....... ............ .........113% 252,222 542,27 4.TT77
Bewley Mills,part of R. Briggs sun+ey, city.. H-1 199"ll 406.59 4.TT77
T. & Y F.Y 00,, 1t. 12 and E. 20 ft of It 11;
bk.3 0, and part of R.Briggs Ajrvey,city111.7 248.222 688.6T &7777
F.W.&-D.T. Ry, Co.,Its. 9 and 14 and W. 34
ft. of It 11, bk..130, city...... .142 $16.656 678.44 4.7777
-So. Cold Storage Co.,Its.7 and 8.b�.ISO,art -108 240.009 816.00 4.1"7
So. Cold Storage'Co, Ate. 11 and 12, bk. 129.
city,y .•............. .....................Igo 222.223 41T.77 4.7T77
King Candy Co:; Its. 9 and 10,,bk, 120, city....100, 222.222 47T.77 4,1777
Matilda Smith, It, S, bk. 129, city............. 60 111.111 288.89 4.7T77
•'Lottle Bradford, It.7,bk. 129,city............. 60 lli,llt N9.89 4.7777
Total for propetty owners.................... 9,16.AH $19,487.79
Total for city of Fort Worth...................ti1,415.551 3,Q48.48
Grand total ................................W1171.657 $21,731.19
Note-The letter "T" denotes that the description was taken from Texas
irr
That the amunts set opposite the name] of each owner above and his
property is hereby assessed against the said property and declared bo be
their personal liability of the owner thereof, and secured by a lien upon
the said property supptior to all other liens, claims or titles except
lawful taxes; that the amount payable by each owner and assessed against his
or her property above shall be payable as f6llows, to-wits
In full within thirty (30) days after completion of the said improvement
in front of the property of each respective owner and the acceptance thereof
the said City.
THIRD: That the said assessment shall bear interest from the date of
said completion and acceptance at the rate of Eight per oentum (8%) per
annun and that if not paid when due, the said assessment and claim of personal
liability shall be enforced either by the sale of sueh 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 jurisdiction.
FOURTHI 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 Gonstruetio
Company, the contractor for the said improvement, assignable certificates
Afainett tha-, mers of sa14 woperty, so railing to pay suoh sesesaments and
against their said property, which said certificates shall declare the said sums
to be due and payable upon the completion and acceptance of said work and shall
i be payable to the said General Construction Company, and shall state the amount
due from the property owner, and hereby assessed against his property, and the
rate of interest thereon, herein fixed at Eight per-eentum,(8%) per annum,
and each oertifieate shall recite and declare the fact that the same are
secured by a lien against the property of sueh owner and personal liability of
such owner , and shall disoribe such property by number and block amix or by
suoh other discription as may identify the same with reference to any other
fact reeited and by the name of the owner, an¢ if the owner is not known,
and if the property is owned by an estate, it will be sufficient to so state
- the fact. Said eertificates shall provide that if the amount herein declared
shall 216t U paid when due, tea it shall be collectible with accrued interest
and court costs and attorneys fees, if the same have been incurred and shall
recite the proceedings with reference to such improvement have been made in
compliance with the terms of the said Charter of the City of Fort Worth, and
that all prerequisiteA o the tbxing of the lien and personal liability evidenced
by suoh certificates have been performed, Said certificates shall be executed
by the Mayor and attested by the City Seoretary 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 the payment thereon, which receipts
shall be evidence of such payment on any deaanlwor same further by virtusi
of the said oertifioate or any independen'C�fF
t o J)ay 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 said City
Treasurer shall keep the same in a spearate fund, which fund is hereby designated
Ninth Street,from Obameroe Street to Harding 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 Contractor or the
holder thereof, to endorse said payment thereod and that said contractor or holder
of said certificate shall be entitled to receive from said City Treasurer the
amount so paid upon presentation of xxid the said certificate, credited with
the amount paid thereon, and that the said endorsement and credit shall be the
Treasurer's warrant for making such payment to said contractor, and that such
pgysent by the Treasurer shall also be reoeipted for by said holder in writing
to said Treasurer or by the surrender of said certifioate, when the principal
thereof, together with accrued interest and cost of collection shall be paid
in full. Such certificate shall also reoite that the City of Fort Worth shall
not be liable for the payment thereof or any interest thereon, or for the cost
of collection or enforcing the same, but that the said Company or holder thereof,
shall have the right to collect said certificates ae'therein provided by the
terms of the Oharter of the Oity, and that the City shall, whenever demanded
by said Company or the holder of said certificate, fully exercise its charter
power 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 to enforce the
lien thereof.
FIFTH: That the said Board, having ascertained the cost of construct-
ing improvements upon East Ninth Street from Oom eree Street to Harding Street,
named to be improved between the rails and tracks and 18 inches on the outside
thereof of the following steam railway companies:
Chicago, Rook Island k Texas Ry. Co.
Gulf, Colorado is Santa Fe Ry. Co.
Fort Worth & Deaver Terminal Ry. Co.
Texas & Pacific Ry. Co.,
said corporations operating Steam Railways over a portion of said East Ninth
F 4b. Street, to be the sum of
and the said Board does hereby levy a special tax against the said Steam Rail-
way Companies and against their road-bed, �ies, rails, fixtures, rights and
franchises of said companies, of said amount and does hereby declare the said
sum to be secured by a lien upon the said road-bed, ties, rails, fixtures, r
rights and franchises of said Steam Railway/ 0ompanies from the date hereof
.c,
pri+4wd superior to all incumbranoes thereon except lawful taxes; that said
taxes hereby assessed shall become due upon the completion of the said im-
provement by the said General Construction Company and its acceptance by the
City of Fort Worth, and if not paid when due, shall immediately become
de-linquent and shall be entoroed as in the case of the collection of taxes under
Ire the Cb*rter of the City of Fort Worth by advertisement and sale of the said
property rights and franchises herein levied on. That the officer making
such sale shall execute to the purchaser a deed similar to the one issued when
property is sold for ad valorem taxes by the City of Fort Worth, and the
recital of the said deed that all legal prerequisites to the validity of said
sale have been complied with, shall be prima facie evidence to the truth thereof
and so accepted without further proof or said taxes and lion may be enforced
by the said General Construction Company or its assigm"iry suit in any court
having ,jurisdiction.
Silt ; That this ordinance shall take effeot from and after its
passage.
I a±-,u erxtlr t-hat--tha --at ova and p gnf I; ,
Ordinance w-.s duly presented and unanimously passed and
-= adopted by the Board of Commissioners of the City of Fort Worth
at a session of said Board held Tuesday November 14th,1911.
City cretary.
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