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HomeMy WebLinkAboutOrdinance 368 O R D I N A N C E N 0. AN ORDINANCE ASSESSING THE COST OF IMPROVEMENT OF ALSTON AVENUE FROM THE SOUTH LINE OF BROADWAY TO THE MOTH LINE OF PETER SMITH STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THRRE'ON AND THEIR PROPERTY. BE IT ORDAIN BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT: WHEREAS, on thsday of �f'f"'��' . 191/ , the Board of Commissioners of said City directed the bgrevemant of Alston Avenue, from the south preporty line of Broadway to the north property line of Peter Smith Street, by raisiing, filling, grading and paving the same, and WHEREAS, in accordance with said reselutiea, specifications for said work were duly prepared by the City Eaginser, and adopted by the said Board of Commissioners, Bad THTREAS, bids for the said improvement were duly advertised for, as required by the City- Charter, and WHEREAS, said bids were rooeived, and considered by the Board of Oommissiexera, and the bid of for the im- prevement of the said Alston Aver, was adopted by the said Board of Commission- er*, and WHEREAS, the said R.G 6'rWh6s 6' has *shored into eantraat with the City of Fort !Perth, as prsvi4add by 1.}ia Charter, for the 10pratemat of the said street, within the said limits, by raising, grading and filling the same, and by paving the same with ,— --a-- WHEREAS, the said �'G S1al6s �o'on,/aa.Yy has executed its bond to the City of Fort Werth for the construction thereof, in accordance with the said contract and %oc ifioations, with such surety as is rsquirod the said City Charter, which contract and bond, with the surety thereof, have teen duly approved by the said Board of Commissioners, and WHEREAS, thereafter the City Engineer of said City filed his writtea statement with the Board of Commissioners concerning the said improvements, and the post thereof as provided by Section 8, Chaptor 14 of the Charter of the said City, which eta oment was considered by the said Beard, corrected and approved, and WHEREAS;;""thereafter the said Board did, by resolution of date, the 5fh day of �t�' 193/ , find and declare the necessity of assessing the cost of the said improvements against the owners of property abutting thereon. and their property, and aid proscribe a hearing of the said owners, their attorneys and agents, and fixed a date therefore and did direat the Secretary of the said City to issue notice of the said hearing by alvertisemoxt, as provided by the said City Charter, and also by pasting said notices as therein provided, and WHEREAS, in aaeordanos with said r000lUtion, the said 3ity Secretary did issua a notice of the said hearing to the said property owners by publioation thereof, for the tbme and in the manner prescribed by the City Charter in the Star-Telegram, a daily paper of general circulation In the City of Vert Worth, for five (5) son- seoutive days prior to the said hearing, and did alsc notify the said owners of the said hearing, b posting a cop yy of the said notice to each of them at the post office in the O ty of Fort Worth, Texas, more than ten (10) days prior to the data of the hearing. and THEREAS, the said hearing, in accordance with the said reaelutiex and notice, was held by the Board of Commissioners on the 18th day of Marsh 1913, a+ 9 O'clock A.M., I t which time and place the following owners of property appeared to protest the said assessment, and the benefits of said improvements connected with the im- provement of the said Alston Avenuo: NOW THEREFORE BE IT FURTHER ORDAINED BY THE SAID BOA_nD OF COMMISSIO"P RS. 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 amannts heraln- after assessed against suah owners and their propertyy� And the said Board having considered the evidence and it appearing therefrra the 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 frentaga improved, would operate un- justly in partioular, 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 imposed upon such owners, and said apportionment is hereby adapted. 2. That there is, and shall boo assessed against each of the owners of property hereinafter named, and against the several parcels of pre�orty of the said owners hereinafter described, as their proper pro-rats, part of the seat of the said In- prevoments, the several sums of moaner get opposite the names of the said owners and their proggarty. The names of the said owners, and desoriptions of the property of each* and tho total amount in money hereby assessed against each one and his property, b�iag as fellews, to-wits RATE PTPR NAV7 LOT BLOC AJAxT2()Td FNTG. r.,.YDS. COST FRONT FT Mrs.Lsaa Terkilsom 9 T 34 Jslm3ngs Se. 50 66.666 123.33 $2.4666 Newkirk a Offutt 10 T 34 " " 50 66.666 123.33 2.4666 Mrs. C. " P"t 11 & 12 T 34 " " 128 166.666 308.33 2.4666 T. A. Holden 21 T 34 " " 75 100.000 188.00 2.4666 Mrs. A.W.Jtekson 22 T 34 " " 50 66.666 123.33 2.4668 0. B. Olean 23 T 34 " " 50 66.666 123.33 2.4666 A. J. camp" 7 T 34 " " 100 133.333 246.66 2.4666 Dr. J.L. Oeoper 8 T 34 " " 100 133.333 246.66 2.4666 J. A. St sung 27 T 34 " " 62 82.666 152.93 2.4666 Mrs. S. Qaioheastedt 26 T 34 " ' 50 B6.666 123.33 2.4666 E. T. Charlton 24 T 34 " " 88 117.333 7.07 2.4666 Total. - - - - 1.066.681 $1973.30 That the amount act opposite the name of each owner above, and his property ii hereby assessed agsinrt the said property, and declared to be the personal lability of the owner thereof, and secured by a lion upon the said property, superior to all other lions, claims or titles, except lawful tacos; that the amounts payable by each ownei, and assessed against his or her property, above, shall be payable as follows, to-wits Is full, within thirty days after the completion of the said improvement, in front of the property of each respective owner and acceptance thereof by the said city. 3. That the assessment shall boar interest from the date of the said oaMletion and acceptance at the rate of eight (8) per cent per annum, and if not paid when due, the said assessment and claim of ggorsanal liability shall be enforced, either by the sale of such psopert by the officer, and in the manner, as far as applicable, ae sales are authorised to o made for nonpayment of City Taxes, as nrPacribel by the City Charter, and gonfrat lave, or suit to enforce the said claim of por- eonal liability, or lion in any cavrt hiving juris$iotios. 4. That if any of the said property owners, a ainat whom or whose property the assessment is hereby made, shall not pay in full when due, the amount so assessed, them, that the City shall issue to the said R. G. Stubbs Company or assigns, the aentraotor for the maid 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 scoeptanoe of the said work, and shall be payable to the said R. Q. Stubbs Company, or assigns, 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 coat per annum, and each certificate shall reoite and declare the fact that the same are secured by a lien against the greperty of such owner, and the personal liability of such owner, and Nall detseribe such property by number and block, er by such other demoription as may identify the seats with reference to any other fact reoited, 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 sufficient to so state the fact. Said certificates shall provide that if the amount herein declared shall not be paid when duo, that it shall be oelleotibls with accrued interest, and with court costs and attorneys fees, if same have been incurred, and shall recite that tic prvo**AUs with mote#gae k4uwb ingwevome"s leave be" made inn oosplinooe with the terms of the said contract of the City of Fort Worth, and that all pro- requisites to the fixing of the liens and personal liability, evidenced by such certificates, have been performed. Said oertficates shall be oxsoutod by the Mayor and attested byy the City Secretary with corporate seal. Said oertifioates shall provide that tic same shall be payable to the Tax Collector of the City, who shall iamus his receipts for payment thereon, which receipts shall be evidence of such pa nt, on any demand for ease by virtue of the said certificate, or smy ine4cpen4- ont eoatrmvt to ppaayy the same entered fats by the awnor thereof, and shall pprovide that the Tax C®lleotor shall deposit all suss received by his on said sortlfisatss with the Oity Treasurer and the said City Treasuer shall 1[sep th• same is a separate fund, which fuad is hereby �3ssignatsd asr the ALSTCN AVENUE SPECIAL nL& PROVEMRNT 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 Collector, or the holder thereof, to endorse said payment thereon, and that the said Contractor, or holder of mush cortifioatos shall be entitled to receive from the said City Treas- urer, the amount so paid, upon the preaentatim of the said oertificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treas- urers Tarrant for making such payment to the said Contractor, or holder, and that such payment by the Treasurer shall &lob be recsipted for by the holder in wriR11. to the said Treasurer, or by the surrender of said certificate, when the prinethereof, together with aooruod interest and cost of collection, shall be paid Said certificates shall also recite that the City of Fort Worth shall not be liable for the po thereof or for any flsietatt thorsoa, or ftr the soot of selleating or enforcing the same, but that the said Oompaay or holder thereof, shill have the right to srllost mush oertifioatea as therein provided by the terms of the Charter of the City of Fort Worth, and that the,said Citr of Fort Worth shall, when- ever demanded by the said company, or holder of said certifisates, fully enereise Its Charter powers to enforce the lion scouring said`Vertifieatoo, sad collect the same, but shall net be liable in any manner for failure to so colleot or enforce the lion thereof. 5. That this ordinance shall take effeot from and after its passage. I hereby certify that the above and foregoing ordinance was d y presented and unanimously passed by the Heard of Commissioners of the t rt ACerth, at a session of said Board, held Tuesday, Marsh 18th, 1913 City Secretary.