HomeMy WebLinkAboutOrdinance 1367 Y
FORM No.14.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEM,NT ON----BALLINGEEi__STREET___--_-___�
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
.___K0RT$------LINE OF----PENNSUMMA--__---_________.._---- AND ITS INTERSECTION WITH THE
--40V..-----LINE OF R1Q__GRAHDE__AVE______________________ AGAINST THE OWNERS OF PROP-
ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND
STEAM RAILWAYS AND THEIR PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That:
WHEREAS, Heretofore, the City Council of the said City directed the improvement of_______-.._-
Ba11in er Street
- Ave.----- ----------------between its intersection with the---gorth........___ine of_-__.. ....
Pennsylyanis
_ ith its intersection with the------_South-------line of---RIo_-Qrande_A -by IN'
Construeting a Lighting System on
WHEREA , e gccordam�nc'e w9 said resolution, specifications for said work were duly prepared
by the City Engineer, and adopted by the City Council; and,
WHEREAS, Bids for said improvements Were duly advertised for, as required by the City Char-
ter; and,
WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of
_____-_-- ---------------------- for the improvement of the said portion of
said Street, was accepted by said City Council; and,
`VIIEI'EAS, The has entered into a contract with
the City of Fort Worth,as provided by the Charter,for the improvement of said street,within the said
Construcating h+itin&mSyst�% on;t s e�x��,and
limits by ra—Laa�®� a r -------------------------------------------
and,
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and maintenance thereof, in accordance with the said contract, and specifications, with surety as
required by the said City Charter, which contract and bonds with the surety thereof, have been duly
approved by the said City Council; and,
WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the City
Council concerning the said improvements, and the cost thereof, as provided by the Charter of the
City,which statement was considered by the City Council, corrected and approved; and,
WHEREAS, Thereafter the said City Council did, by resolution find and declare the necessity of
assessing a portion of the cost of said improvements against the owners of the property abutting there-
on, and owners of street and steam railways 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 Secre-
tary 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 provided therein; and,
WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the
said hearing to the said owners and all interested parties by publication thereof, for the time and in
the manner prescribed by the City Charter, in..The-_ or-t._Woxth___-__ _ Pre s S---------------------------
a daily paper of general circulation in the City of Fort Worth; for five luecutwe 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,
WHEREAS, The said hearing in accordance with the said resolution and notice was held by the
City Council on the----24th-----day of-----%T&nUFL_rY....................... 1928_.._.. at.-A:30..o'clock................M•,
at which time and
owners, appeared to protest the said assessment and the benefits of said improvement connected with
the improvement of said portion of said street.
NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows,
to-wit:
(1) That the special benefits to each parcel of abutting property hereinafter mentioned in the
enhanced value of said property by mean of said improvements exceed in each case the amounts here-
inafter assessed against such property and the owners thereof and the said City Council having con-
sidered the evidence and it appearing therefrom that the apportionment and assessment hereinafter
made will effect substantial equality and justice between property owners, having in view benefits re-
ceived by and burdens imposed upon such owners,and said apportionment is hereby adopted.
(2) That there is, and shall be, assessed against the several parcels of property hereinbelow de-
scribed and against the owner thereof as their proper pro rata part of the cost of the said improve-
ments, the several sums of money set opposite the description of the respective parcels of property.
The name of the said owners, as far as known, and descriptions of the parcels of property, and the
total amount in money hereby assessed against each parcel of property and the owner thereof being as
follows, to-wit:
Assessment for Whiteway Lighting System -on BALLINGER STREET,
from the South line of Rio Grande Avenue to the North line of
Pgz►:aa�r..,,, lylu, , r na _.. _ .. _ » .. - » - _ - ,Fort_Worth, Tew..
ooutra►ot - __rded: 9-16-27..
Cont ractorn Eugene Ache Slaotrio Co.
ContZWt Price• $3,505,00
i
DATE PZ9 TOTAL
N A M E LOT BLK. ADDITION FNTG.FNT.FT,, COST
Baptist Hospital-13 44 T.W.WRAY'S SUB OF BLX.
44IJ NNNINGS SO} 92, i` .. 1.1�''t34 4108.43
W.Pi Portwood---»12 d 53i9 O 46
J.W#S. Prioraft-�►11 44 IN 60 i
Geo i Wr Parket-40 44 tl 50 5 �87
J.Mi Mullih8-4 5 44 " 50
Annie HIPen•i0oni HYDE UNNINGS SUB+
Jae her sepiprop08 29 39i.TENNINGS b0. 80xtt n 58+37
Annie HiPeniston+
(aa her sepipropr ),
South 40 ft:;---Y 4 29 " 40 M 41i09
Mrs,MRMcNeily(Widow)
North 10 f t.----- 7 &
all of-- .-- --- 6 29 " 60 " " 7M 4
Ed Winn---------- 5 29 " 50 59,87
Mrs.E.M. Brown,
(widow)----------- 4 29 " 50 " " 58487
H.L. Agee & S.A.
Agee------------- 3 29 " 50 " 58.87
P.E. Miller---1 & 2 29 n 100 " " 117.73
Mittie F.McCa=on-8 26 JENNINGS SOUTH 172 " " 202.50
Ft.Worth & Rio Grande
Ry. R.of W.----- Part S.G. Jennings Survey 60 " " 70.64
Texas & Pecifio Ry.
-R,ot W.=---------Part S.G. Jennings Survey 140 164,82
Edward Toogood---E. 120 ft.of that part of
RIk,26, lying-north of T.
& P. Ry. R.ofW.-Jennings
South Addition. 37 " " 43.56
Continental Nat'l.
Ba4k (a banking
corViq)--Q_*UEth 50 ft.
of F-100 ft. -of-- 6 11 JENNIhTGS SOUTH 50 n " 58.87
HutchIMon, et.
uE'.------Noitth 50 f t i
of E.100 tC of-- 6 11 d 50 " 98.87
State has ShrfiDeed
3-13-26, Vol.913-581j
Jane M.Willia.ms
(Louis Luedtk6, Un-
recorded deed)---
South..1/2 of------1' 11 " 50 n " 58.87
tana :Brown, fame
ole-=North j of--I 11 " 50 " " 58.87
L.Phillipowski, et
ux, Mill 8 " 50 " " 58.87
Lanora P.Jonn.son--3 8 * 50
Wm. Brownlee,
South 45 ft. of---8 8 " 45 " n 52,98
Wm. Brownlee,
North 5 ft. of----2 &
all of----------�--1 8 " 55 64:75
Jennie (Bobo) Poe-4 7 " 100 117:73
H.G. Brower, North
50 ft. of West
1/2 of------ -----5 7 " 50 " If 58.87
r
6 .... t
RAM PZR TOTA
110T. Hsi ADPITXON _ rKWy P'liT*tTg. COST
Nat.m. washer, South
50 ft. of West
112 of'----w---- 7 JENNINGS SOUTH 50ft.$1.17734 $ 58.87
Standard Sanitary
Mfg. Co, ,(a corp. )-4 &
5 12 " 300 " " 235.47
Texas & Pacific Ry.
Right-of-tray------Part S.G.Jennings Survey 140 "
Ft.Worth & Rio Grande
Ry. R.ofW.--------Part S.G.Jannings Survey 60 " " 70.64
Ballard'Ice & Fuel
Cq.---.�•li, 15. & 11 25 JENNINGS SOUTH 114.6 ft. " 134.92
A. Rosenthal, West
50 ft. of----10 & 9 25 " 101.5 " " 119.50
Lincoln, John, et
ux, Lee--West 100 ft.
of----------------16 30 " 50 ft. " 58.87
Miss Eliz.B. Clayton,
West 100 ft. of---15 30 It 50 It " 58.87
Mrs.Florence Jennings,
(vidow),T.J. Jennings,
Chilton Jennings, K.V.
Jennings, & Mrs.Martha
Bewley, wife of E.E.
Bewley--11,12,13 & 14 30 " 200 " " 235.47
Mrs.Ida Ratliff----10 30 " 50 " " 58.87
R.C. Combs--------- 9 30 " 53�5 " " 62.99
F.A. Snakard-------- 5 43 HYDE JENNINGS SUB BLK,
43,JENNINGS SO. 50 It " 58.87
Nellie Day Trigg,
has her sep.prop. )- 6 43 50 " " 58.87
C.H. Wingrovo,
West '138 ft. of---- 7 43 " 50 " " 58,67
R. Fuller,
blast 128 ft. of---- 6 43 " 53.9 " " 63.46
Baptist Hcspital of
Ft. Wortu (a corp'n. )
Lots---------15 & 16 43 IT 125 " " 147.17
TOTAL COST TO PROPERTY OWNERS - - - - - - - - - - - - - $3,595.04
J
FORM No. II—Continued. ...
That the amount set opposite the description of property above is hereby assessed against the said
propertyr 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, and assessed against his or her property, above, shall be payable as follows, to-wit:
In six equal installments, one:payable within 30 days after the date of completion of said work
and its acceptance by the City, and the remainder in five equal annual installments thereafter,provided
that said owners shall have the right to discharge any installment before maturity by payment
thereof with accrued interest. That default in the payment of any installment of principal or inter-
est upon said assessments when due as herein provided shall at once mature the whole amount there-
of, both principal and interest, which shall at once become collectible without notice.
(3) That the said 7ssessmeftts shaft-bear interest-from the date of the said completion and-ac-
ceptance at the rate of 40=per cent per annum, payable annually, and if not paid when due the said as-
sessments and claims 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 jurisdiction.
(4) That the City shall issue to the said contractor, for the said improvement assignable certifi-
cate against said property and the owners thereof, which said certificates shall declare the said sums to
be due and payable in installments as herein provided after completion and acceptance of said work,
and shall be payable to the said contractor, and shall state the amount due from each proper er,
and. hq y assessed against his property, and the rate of interest thereon, herein fixed atw"er
cent per annum, payable annually, and each certificate shall recite and declare the fact that
the same is secured by a lien against the property of such owner, and personal liability of the owner,
and shall describe such property by number and block, or 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, or 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 therein declared or any installment of principal
or interest thereof shall not be paid when due, that the whole amount thereof shall:be collectible with
accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred,and
eHau rP^ate that proceedings with xeftgt cIj improvements have been made in compliance with
the terms thereof and 'the Charter of the City of Fort Worth, and that all prerequisites to the fix-
ing of the liens and charge of personal liability; evidenced by such certificates, have been performed.
Said certificates shall be executed by the Mayor and attested by the City Secretary with the corporate
seal. Said certificates shall provide that the same shall be payable to the City Assessor and Collector
of the City, who shall issue his receipt for payment thereon,which shall be evidence of such payment,
on any demand for same by virtue of the said certificate, or any independent contract to pay the same,
entered into by the owner of property therein described, and shall provide that the City Assessor and
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--___-
-----CERTIFICATE FUND No — ___ _.__ _._,.r., and that
whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation by the said contractor, or the holder thereof,to endorse said payment there-
on, and the contractor or holder of such certificate shall be entitled to receive from the City Treas-
urer the amount so paid upon presentation of the said certificate,credited with the amount paid there-
on, 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. That said certifi-
cates may be issued, with coupons,thereto attached evidencing the several installments of principal
and interest thereof, which coupons shall be executed and attested by the Mayor and City Secretary as
are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at-
tached to said coupons may be facsimile signatures stamped,engraved or printed thereon. Upon pay-
ment of any installment evidenced by a coupon, such coupon shall be credited by the City Assessor and
Collector and surrendered to the City Treasurer as herein provided.
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
demanded by the said Company, or holder of said certificates, fully exercise its charter power to en-
force the lien securing the said certificate, and collect the same, but shall not be liable in any manner
for failure to so collect or enforec the lien thereof.
(5) That this ordinance shall take effect from and after its passage.
ORDINANCE
Tom`] _S ./rf`>i�- �O /t ✓_�,r����
Filed_ � day of ! —
19 J
City Secretary