HomeMy WebLinkAboutOrdinance 867 FORM N.. 14. `
AN ORDINANCE U7
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON......._B a11.A74 nue
IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THEAOuth
LINE OF....-._RAUroad Avenue AND ITS INTERSECTION WITH THE.north
LINE OF.....Roaedale -Street , AGAINST THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL-
WAYS AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS,That:
WHEREAS, Heretofore,the Board of Commissioners of the said City directed the improvement of
F3Ii Avenue _...._......_.between its intersection with the...._Bt ...........line af._RBilroad_
� �e............with its intersection with the_..?lrth,,...line of........,._A0$ dea1A .._.., 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 Charter;
and,
WHEREAS,Said bids were received, opened and considered by the Board of Commissioners,and the
bid of._._.._...__Deneral Construction Company for the improvement of the said portion of
said Street,was accepted by said Board of Commissioners; and,
WHEREAS, The said-._.__._General.,,Construction ComPang.has entered into a contract with
the Cityof Fort Worth,as provided by the Charter,for the improvement of sai stje w' in the said
p 1 fie " U481$e
limits by raising,grading,and filling the same and by paving the same with...._ _1... ...._.._ ._.._..-.--_
ROCk Asphalt ._.._....-.....-__.pavement with-._b" .Concrete ---__ _-___. oundatian; and,
........................................_... ........... -
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and mainteannee thereof,in accordance with the said contract,and specifications,with surety as re-
quired by the said City Charter,which contract and bonds with the surety thereof, have been duly ap-
proved by the 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 S,Chap-
ter 14,of the Charter of the City,which statement was considered by the Board, corrected and approved;
and,
WHEREAS, Thereafter the said Board did,by resolution find and declare the necessity of assess-
ing-a portion of the cost of said improvements against-the awners of the property abutting thereon:and
owners of street and steam railways thereon and their property and did prescribe a hearing of the aaid-
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 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 man-
ner prescribed by the City Charter, in.—_._The Mott Worth Reoord
a daily paper of general circulation in the City of Fort Worth, for fivey(5) consecutive days prior to
the said hearing,hand 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
Board of Commissioners on he......_Z6th__.._.....day of.....Se�?t..........1 1921A..., at-...._.9.............o'clock--.......gr..........M.,
at which time and place...-. .x._.._. -� : , •......... .. ... s..Y.r............. <:..Y.4.. ................................-....- ....-.....
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 Board of Commissioners, as
follows, to-wit:
(1) ,That the benefits to each parcel of abutting property of each owner hereinafter named by the
enhanced value of said property exceed in each case the amounts hereinafter assessed against such
owners 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 propor-
tion as the frontage of his property is to the whole frontage improved,would operate unjustly in particu-
lar 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 imposed upon such
owners,and said apportionment is hereby adopted.
(2) That there is,and shall be, assessed against each of the owners of abutting property hereinbe-
low named,and against the several parcels of property of said owners hereinbelow described as their
proper pro rata 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 name of the said owners,and descriptions of the prop-
erty of each,and the total amount in money hereby assessed against each one, and his property, being as
follows,to-wit:
00atmot Aided.; Deoember 6th-1931 Prive Bid, -2
00ntz"V= Geaeval Oonetruotion Oo. pavementt-----------$3,90
Pavement: 1-1/39'-Uvalde Rook Asphalt. 0=b----------------
wth zmoava.------ 1.00.;'
(A a9th-lsaa} Rook Paco V&-------- ME
Paving Aaaeasme►nt for BRYAN AVENUE, from the
South line of Railroad Ave. to the Borth line of RbWal,e 8t.
A A N E D 0 T Bg. =1TTON FNTQ. MT. 7T. COST_
Mrs.Loon.4p gat 4f 1 & -
R. gat of:N•1 i Of=-- 8 4 DAWXTTtS and 97' $4.68593 W4.5'0
lUtherine Tills- All of 3,& 4
and So. 1/3 of----- - 4 a e 3251 a W.74
Jake 8eerno-1.100 t of 5 6 4 a a 1001 a 468.5p
3kry Phillips, trite of
Z.H. Phillips- T. a5' of--& 11 r a 1001 r. 46S.-b9
Brotherhood of Loomotivs .
F ixemen, Trinity Lo4jP
#83- N.1/a of T.100t 'of---S 11 * a gOt a a34�3i�
Heirs of-*wy O'Neal (Mrs..,
Wah ftegr, ie E.
err & Bernard. 306.3 - of r 3„0
8.1/3 of 1�.100t of--8 Zi � � 60' S.1�596 ass4e8®
04V. Nortga + a a got a 356.80
D. Pesky- &1/3 09---- 4 11
lD.l.lex Mtg. oar-N®1 'f 5 & 11 a a 1001 r 613.80
r. a
7Liller 1tfg. �� 301 a a56.BG
f___ 6 &
5 Q.
Doha 8. Ha>t�1e7-N.86t of-- 7 ].3 * a 103.51 a 636.45
Qua Maw- B..5Ot Sol a 858.84
Ennis Tucker - -------- 1 D Tuokerts Bub of a B58�D0
Blk.57-TJM, ADD-80
F'loxenne P!'htaker (nm D a a a r 501
-- r 256.�0
wife of A.P.Bmy*)--- --- . n
oornelia B.- Reed, vs% a a a sot a 358.60
of B.F'. .Rasd-------------- 3 D a r r 60' a ag6.po
Donnie Tdd!ar----------- 4 D
X.X. &y (w'id ) a a a 501 a 256.80
8."Weet mouth of------ 4
O.E.Johneton & miss
Nellie, Jobwton------ 1 0 a a a 80t 8.ff 361.3o
Donnie Tuak^v-_-__-----_ $ Q " a- r got a 861. 0
nn
Tin;iie Jonas, Vue of a a a 801 r 861.,30
J.J. Jon---- ----------- CT
B.H.Hioks & wife# a r rt 60 t a B61.30
Me&ie D. Hi cka--------_- 4 (T
oi$y of Fort Vor ,�: ': l0ot S.94602 594.80
N.loot of 'ff. 1la of---
_-- 54
r.W. 0axpdrLter-
8.10of of w. 1%a af------- 34
lcs tate of Mike MaSlsf 8Id,
'os,Jr. x• -______ ;i8 a 100t 5.85803 585.80
X.100 of W. 1(8 of-
Mrs. Georgia ftx.VQik- 1V.` r loot " 585.60
33-1/31 ,Of S-N.1/4 Of--- 85 a 104t a 585.60
Bou*le . i®1-N1•N•'11�1/�4- a - 366
a 1001 a 585.60
- 8ey► n Avg {Oontinue(i}
yy ' PATE PlTOTAL
L V T 33M. �M am
X. 1/8.ef . .1/4 os- arr TLTam►e so, #.sssas $aaa.so
X.P.; Pik, G.U.
s.a./a of I .W..i/4 of 3'r x 501.
N. 65t of sa.1/4 °- 37 x 1001 a Mt.so
® tt D. 00W
Gi- 30 a. 801 x 39.8.80
{R.F, WO&VOX- for taazad,
- mp toed to hid
N. 5/3 of ®Eh & of- 30 x Sot a aa�.80
of 3D x' 4At x $34.r34
W.J. Itos,axty, ox Ban H.-,
Got x 3 o�P-$.L'.1/6 a- 30 x 6�I..'�s
V. Rgow
DQrtre Peek 31 tt x 585.ti0'
1� x t a
-f. Bens- H.E. 1A ---- ltXl b85.80.
U,8. Andwgo 8 O x 10Gt
4- x 10�t x" 886.6Q
N'.R. G1sn1t� a.of N. .1,/4 3
Rids D ie Tus ker- 8.1/; Of
8.z.' W& pir--_--- 3$ s 60 t 6J4602 397.30
97.30
Ara., R;H, Tuakex-N, � S E4-33 so
Mrs. R.H. 1\1oker—fit ul V4 03-- 33 ° Loot x 694.60
WD S R.E.° Tuzka o*
8 dub Slk. 57
. ��:$ sot s.asses • 881.3�'-
M.4 Lydon 6 S Itx a got e. 61.30 .
1 11, Lydon"�~:. 7 8 a, 1r: a 50r s" a�i1:3d"
]d�s4R.H. 'husk®� 8 B a n a 601 x 61.30
8 s Fs 14i ah0,.as 6 A a ° x 501 5.A359b 360.80-'
&F, Nichol" 6 & 7 A a x x r� 513.60
S.F" nobalae g x a a g0t
a SS6.80
Alias G. Js*k00D-6.48t' off a - jMLLBriX 46t a 835� cn
mold&-H® 47 :-8 �_ x t-
Geo.E. may, T*Bw, ,.. ..
Nob1.e-I+ot 34 & ti.�.t tit- � x MOT
Gl. ,dya & . .$t ang'- x 8�t 4A �d�33.•" .
N.24t of 8+& all 0#----- 6
Txugtees of-'UAW Beverage it 88t x ,•�
& UO3.4 Stcvegs. Q0. 10
-
Les Tire & gales <fn.af x 631
Te,Se,s----- ?Pitt .of Lob.-- la
Ped�� iron w ateel 004L-
14 & *`y got 4.ssma asl.3
6 '...
Peden Lan & Biisel
H., 33t- at--Lot------- 3.6
All Lots 18A.80
Pedsn xx0n'-& 8tsa1 ft.- D11CG'�T"st$
SECOND
Peden lion & e1 Oo.- 3 x a 3&-1/31 a
8.1!3 at--•---- s -
P.®3�e�} lxon & steel 00 -
N. 1/3 of Wt 6 & G.�l3 of 7, 3
'33-1/3t a 156.a0
yaden .tr�e1.
0011-- r x 1oo.aft
N.3/3 of wi .7 &. azu at---a 3 _
Rtrm Avw. Gontinued
p
PATE PER TOTAL
1 0 T BIX. ADD=Ir G. MIT. FT COST!
B.Iffs, Noble pr
law Of---------29 50 1 I5,,856W 4M.8.0
Eetate of A.97w Azd=#=, Doosdo
lhttie L.'AndarSOUZxftX�,
5.50 ®r NIV-100t or ---- 501
MiM7 T. 1.150t of—P 501
501
sot
ojo limtjj�- 8.65, ff- 661
John . 601 Z�.;Pa.sp
ROMMAIM
Muth&%. nodhm
Uchz6a-�.5Qt of I.-100t Of a 3 R 50,
Vxtti#: A-'. MAV-6-5010f
501
&
sot
&
X.*-501. of 601
*as' )Cars, Deoi&
lh=ton 01
lboxtou 3ft.__Gm:5
_qf jr.- 01 4 B sot _356.4.0
1001 53,3*60
Ban $P.Uberg,_K, 501 of— 8 A 501 so
On E Lldberg_8.301 as
50, so
Ir !ova
7.100t of
T.S. ZramtboA & Wife
----- -t 7 w 1.001 a "63.3.60
Goo. BOUIAW - N.501 �uf__ 96 7 9 Sol
�® -Lydfa E 6 In="-
.,- 0950t6f 1.100, ef 50, so
1 0 10,13at-a.50, of so.
M.00
11- go.60 1. og-- r 156.00
3.001. 10 so
Lanie.-t6jj(A7_101/2 at— 4 -0 ff 1000 1 $0
Rollart RI, G a 501 256.80
'00
I ..,IlI.,(A"n&t0 Ir R.
Of
X"W' 07-1 So '96640
so -W.80
i® Amt3,=, 13.50 0 f-
1501
**a 50
a6l 3 1 to
upli,xvu., m1w.hemaxotof 60, so
50,
'!..,
0
oi— 50
502
0 ,
S,loot I.. et i'61800:5
50 t It
IN.80
501
0
�'� (8rgan lie. Oo�tinued) _ -
+ zm*azk Tom
0T B
Llberf B (ReM IOV),' S 38 Wb.WMR . 501 #6.,SMW#X2A0
A A=old . 5 38 501 R • g 88,a.80
I e $ & 4 38 r' ?�OQ� ° 8&60,,
$tat® ®fl "ee . 0g3.l�
Deo o, R:� aEasfr: l & i ;8" . 0 3S14t S.
TOM OOST;TO ffi4TY "______--
TOTAL OOST TO OFpyppo FORT q ---- 75 .oo
7
" :te
• ` yet • ,
• Pt
-z
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, and assessed against his or her property, above, shall be payable as
follows, to-wit:
In three equal installments, one payable within 30 days after the date of completion of said work
and its acceptance by the City, one within one year, and one within two years from said date of ac-
ceptance,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 interest upon said assessments when due as herein provided shall,at the option of said contractor,
or other legal owner and holder of said assessments,at once mature the whole amount thereof,both prin-
cipal and interest,which shall at once become collectible without notice.
(3) That the said assessments shall bear interest from the date of the said completion and accept-
ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessments
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 assign-
able certificate against the owners of said property, and against their said property, which said cer-
tificates shall declare the said sums to be due and payable in installments as herein provided after`comple-
tion and acceptance of said work,and shall be payable to the said contractor, 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 per cent (8%) per annum,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 ac-
crued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and
shall recite the proceedings with reference to such improvements as have been made in compliance
with the terms thereof a.ncl thg pharter of the City of Fort Worth, and that all prerequisites to the fix-
ing of the liens and personal liability, evidenced by such certificates, have been performed. Said cer-
tificates 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 Tax 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 Tax 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,Lwhich fund is hereby designated as the..............................................................................
CERTIFICATE FUND No.-...,._.__-.., and that whenever any payment may be made to the Tax Collector
upon such certificate, it shall be his duty on presentation by the said contractor, or the holder
thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall
be entitled to receive from the City Treasurer the amount 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. That said certificates may be issued,with coupons ereto attached evi-
dencing the several instalments of principal and interest thereof, which couponshall be excuted and
attestu&by the Mayor an71 City Secretary as are said certificates under the terms hereof,1but the sig-
natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures
stamped, engraved or printed thereon. Upon payment of any installment evidenced by a coupon, such
coupon shall be credited by the City Tax 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
�r 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 Ni 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.
ORDINANCE
No. ��
Title ` o �
mod^
Date
B
Filed day of
192 " --
City Secretary