HomeMy WebLinkAboutOrdinance 767 FORM No. 14.-
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.._!!IC1.W.0OD AV=.tT _--.�--.--_,
IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE...W.E&T_...-.
LINE_ OF.._AI.S678 7.I..01=............................... AND ITS INTERSECTION WITH THE 2......._
LINE OF....__ A..A 1Z.....___.........._................... 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:
�1 WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvemnent of
.........................._RICIMM...ATEM.............between its intersection with the...A1l.1lf...................line oflti.aaiaeippi
_......AY4AS 0----------------with its intersection with the.. !§....___.line of........_Uft-.Atexmn9-----.-----....._........ 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 ...................TIMA.A._Al.tul kiC_S`islmpltt .._._.._..............._.................,for the improvement of the said portion of
said Street, was accepted by said Board of Commissioners; and,
WHEREAS, The said...............?axse_Bitulithi¢.._Cout-44Y-................_....._....: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
limits by raising,grading,and filling the same and by paving the same with__.__._....-.._ ...__..__._._�
_---......,,>bi6ulithig....._.................................................pavement with........_I041111=sLLU............................. foundation; and,
WHEREAS;The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and mainteannce 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 8,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-cast of-said-improvements against the owners of the property abutting thereon, 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 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............_r 4 rth Star-1.014 M-__._-_..-••______-__.__,____,-
a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive 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
Board of Commissioners on the,..._.1th.._.___day of......AltU........ 192.1_.,
at
�which time and /-ff.1A_Jlm Jon
11.T.iLs�mir/ .pL�ll(c1LI.t.,*.
1 � �a6la/1tr 1/�..fll £{3alrucau. �i.,�� :._C../�/../?:� �.
cu.x��.............
�j/vz, zra�c,....li�.f:.G1 � rn.......................................................................................... ....................................................................................-
o rs, 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:
a
4 +
4 OOFTRAOT AWARDED: Max oh la -1931 priee Bid
bontraatbr: Texas Bitulithio Go. Pavement- §3.53 Emmvation
Pavement: Bitulithio Curb-- .65 gar 1.10
s ; (aster- ..30 Rook 2.50
4
-. lifiBQH 37.- 1.831
PAYING ASSESBMEITT MR RIWIMISID 2V�'UE, FROM THE SST
3 d PROPERTY LI?1E OF Ii S '1,TISS1PPI AVE. TO THE EST PROPERTY LIFE OF YUU& AVE
RATE PER TOTAL
N A. M E L 0 T BLK. 4=1TION MG. FINT. FT. COST
Highland Park CQ=(nb `
of Ghriat- I 48 HIGHIAIv'D PfM 63D5 85.9717 OW 3
.13. Nordz�= a 48
R.F. ZuMNSI t--Mutual
land Oo.- 3 48 * * 50 * 298.59
Jim MO'I %l. & M.77. 33MVton 4 48 * * 50
J,H.,I?aoda-ALftlal
Baud Co.- b 48 * * 50 * 298.69
J.H. Winters 6 48 * a 50 * 298.59
0,2. Batemn ritual
aad do.- 7 & 8 48 * * 100 * 697.11
.T. MLngh&m 9 48 a * 60 * 298.59
17.0. Sproles 10 48 a * 50 " 298.50,
'V.V. Loyd, J.T. War-
brough & Mutual Land Coll 48 a * 60 * 098.59
T.J. Robbi a 1S 48 * * 50 " 298.59
C).A, MoXay 1& 48 * * 50 a 898.59
A.H. Rambo 15 48 * * 63.5 " 373.23
L.O. I4bell 14 48 * * 50 " 898.59 -
R.B. OaldmIl-Mutual 1 * * 5ID * 28$.59
Land Oo.-
R.H. Brower & Os= Watt 3 51 * * 50 " 298.59
uxa.Will.is May
(NWider)- llayon 3 51 * * 50 * 298.59
. Ritohie 4 51 * * 50 * 298.59
C.W. Rit0hie-Altual
Land Co.-- 5 51 a a b0 a 398.59
G.L. 4lilklu on 6 51 x x 64 * 298.59
Geo. A. Hines 7 51 * * 50 * 298.
Geo.A. Hins --Mutual. x a 80 * 29
Land Co.-- a
Ada 0xios & T.W. Orioe 9 51 * * 80 * 298. 9
O.A. Han000k 10 51 a x 60 x 298.�69
R.F. 8arcvel.l 11 51 a a 6p * 298.59
Mrs.Della .`lesson & a * rp * 298.59
J.R. :dasou- 12 51 x a b3 a 316.50
J.R. won 13 51
Geo.Begga, Jr. ' A.O., a x 5,3 a 316.50
Johnson & pears Johu4on 14 52
Oeo.Bego. Jr. & R.W. x Henderson,- 50 * 298.59
3.6 5�3
R.'7. Henderaca-Mutual a a 50 * 398.59
Land Co.- 16 53
Mrs.Mabal V. White n x 50 x 898.59
(Widar);Mutual Land Co. 17 52
Uatual Land. Co.' Mabel * a 50 ■ 298.59
V. nits (64iAoWl._ 18 52
L.A. Martin & S.N4 6a * * 50 a 203.59
Griffith- 19 a0 62 * * 50 x 298.59
S.N. Griffith
H.P. Bl.a 1-21 foal 62 * " 50 ** 29 8.59
Land Co.- a x S.J. Vestal 22 50 298.59
.^ it
RICHMn AVE, (aaei5aipP3 to Yumm
Pam. TOTAL
A. g .L 0. T BU. A=TXOg F . FT. FT., COST
4A.. vestal ag 52 =GHU= PARS 50 664
9717 $398.59
W.E. Olayton 24 5a s a 50 It 'n8159
J.L. Galvin 95 52 a R 50 298.59
H.F. Einhou4i , 8B b$ x R 50 a 398.59
T.B.... Hun"r l6 47 ° 62.5 r 373.83
T.D. Allen & Wife,
Beulah A.Uen-- 17 47 " it 50 a 1398..59
W.E. Thompson & Z.W.
warumd'. 18 47 " a 50 a 898.59
W.H,, Nioholi--Aituml Land
Co., 19 47 it it 60 a 298.59
J.M., Page 80 47 c It 50 A 298.59
Dr. Fiald Faxrar-Aitual
Land Co.- 81. & 8a 47 c a 100 597.17
0. Tingle & F..® Iiobb= 23 47 a " 50 a 298.59
O..P. Tingle 24 47 a a 50 a 298.59
Olabe Rujrell 25 47 a 50 a 398..59
W'A. SIVzon—lu ttaal
Land Co..— 38 & 87 47 a n 100 a 591.17
W.H. Btephend $8 47 a a 50 a 298.,59
.w M. Baal 89 47 50 a 898.59
Farmer 30 47 * a 93.6 " 373,83
TOTAL TO PROPERTY OVNM8---------------------------- 7? 5 .,39
TOTAL TO CITY OF FORT ?"�ORTH--_.�_...___________. 2. 75O aQ
MUM 'DOTAL----- , ��
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
,^all describe such property by/number and block,or such other description as mly 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 and the charter 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, which fund is hereby designated as the-UOMMI .AM.
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 thereto attached evi-
dencing the several instalments of principal and interest thereof, which coupons shall be excuted and
attested by the Mayor and City Secretary as are said certificates under the terms Iiereof, but 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 he 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
` 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 enforce
the lien securing the said certificate, and collect the same, but shall not be liable in any manner for
failure bo se collect or enforce the lien thereof.
=(5) That this ordinance shall take effect from and after its passage.
ORDINANCE
Date_
day of
191
�ity Secretary