HomeMy WebLinkAboutOrdinance 467 O R D I N A N C E N 0. ,
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEkTNT
OF TRAVIS AVENUE FROM THE NORTH PROPERTY LINE
OF MAGNOLIA AVENUE TO TIM SOUTH PROPERTY LINE
OF TERRELL AVENUE, AGAINST THE OWNEERS OF PROP-
ERTY ABUTTING THEREON AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT:
WHEREAS, on the 23rd day of March, 1915; the Board of Commissioners of said City
directed the improvement of Travis Avenue, from the north line of Magnolia Avenue to
the south line of Terrell Avenue, 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 said Board of Commissioners, and
WHEREAS, bids for the said improvement were duly advertised for, as required by
the City Charter, and
WHEREAS, said bids were received, opened and considered by the Board of Comm-
issioners, and the bid of the General Construction Company, a corporation, for the im-
provement of the said Travis Avenue, was adopted by the said Board of Commissioners,
and
WHEREAS, the said General Construction Company has entered into contract with
the City of Fort Wortk, as provided by the Charter, for the improvement of the said
street, within the said limits, by raising, grading, filling, and by paving the same
with Bermudez Bituminous Concrete Pavement, and
WREAS, the said Company has executed its bonds to the City of Fort Worth for
the construction and maintenance thereof, in accordance with the said oontract and
specifications, with such surety as is required by the said City Charter, which contract
and bonds, with the surety thereof, have been duly approved by the said Board of Comm-
issioners, 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, Chapter ld of the said City Charter, which statement was
considered by the said Board, corrected and approved, and
THEREAS, thereafter the said Board did by resolution of date, the 27th day of
April, 1915, find and declare the necessity of assessing a portion of the cost of said
improvements against the owners abutting 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 Secretary of said City to issue notice of the said hearing by ad-
vertisement, as provided by the City Charter, and also by posting said notices as pro-
vided therein, and
WHEREAS, in accordance with said resolution, the said City Secretary did issue
notice of the said hearing 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 news-
�a er, being a daily paper of general circulation in the City of Fort Torth, for five
b� oonsecutive days prior to the said hearing, and did also notify the said' owners
of the said hearing by pouting a copy of the said notice to each of them at the Post
Office in the City of Fort Worth, Texas, more than ten (10) 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 18th day of May, 1915, at 9 o1clock, a.m.
at which time and place the following owners of property appeared to protest the said
assessment, and the benefits of said improvement connected with the improvement of
the said TRAVUSfA�VE�NUUE:
NOW, THEREFORE BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS, 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 amounts hereinafter ass-
essed 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 proportion as the frontage of his
property is to the whole frontage improved, would operate unjustly in particular, and
that the apportionment and assessment hereinafter made will effect substantial equality
and ,justice between property owners, bft Mng in view the benefits received b',- and
burdens imposed upon such owners, and the said apportionment and assessment is hereby
adopted.
2.
That there is, and shall be, assessed against each owner of property hereinbelow
named, and against the several parcels of property of the said owners hereinbelow
desoribed, 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 names of the said owners and description of the property of each, and the total
amount in money hereby assessed against each one, and his property, being as follows,
to-wits
RATE PER
N A M E L 0 T BLK. ADDITION FNTG. SQ.YDS. COST FRONT FT.
J. R. Nooten, 8,9 & S.30-£t. Glendale Sub.of
of 10 D B1k.17,Field-Welch 144 242.539 f412.32 $2.8144
S. J. Britt, 11 & N.20-ft.
of 10 D " 70 115.869 197.01 "
Ellen P. Smith &
Kiss P.B.Bookman, 12 D ° 50 82.778 140.72 °
". W. Williams &
H. A. Williams, 13 D " 50 82.778 140.72 "
J. L. Norris, 14 D " 66-j 110.094 187�16 "
Parthenia O.Pest, 7 C " 662 110.094 187.16 "
0. B. Sloan, 6 C " 50 82.779 140.72 "
Isabelle Lucas, 5 C " 50 82.778 140.72 "
W. B. Stuart, 4 C " 50 82.77E 140.72 "
Urs. V. Lockheed, 3 C " 50 82.778 140.72 "
C. B. Brown, 2 C " 50 82.778 140.72 °
J. L. Norris, 1 C " 661- 110.094 187.16 "
J. L. Norris, 8 & 9 A " 116-k 198.374 337.24 $2.8947
Louis Phillipowski, 10 A " 60 85.139 144.74 "
S. J. Britt &
K. A. Mulkey, 11 A ° 50 85.139 144.74 "
Jan. I. Turnet &
M. C. Cantrell, 12 A " 50 85.139 144.74 "
Q. Meyerson, 13 A " 50 85.139 144.74 "
J. E. Wolfe &/I•E/lu iTsv�i�/
Ar. Arum, J 110. A " 66-1 113.215 192.50 "
Lizzie J.Roberts, 7 B " 66z 113.235 192.50 "
Mrs. B. Maloney, 6 B " 50 85.139 144.74 "
Frei Repke, 5 B " 50 85.139 144.74 "
Thos. Fahey, 4 B " 50 85.131 144.74 "
Lizzie Cunningham &
M. L. Ounningham, 3 B " 60 85.139 144.74 "
W. H. Allen, 2 B " 50 85.139 144.74 "
A.N.Zihlman, Est. &
Lady Zihlman, 1 B " 6613 113.235 192.50 "
W. E. Welch, 42 4 Park Sub, of Blk.
4, Field•-reloh, 50 81.694 142.28 $2.8456
G. S. Williams, 41 4 " 50 83.694 142.28 "
A. Arneson, 40 4 " 50 83.694 142.28 "
Irene Woodward, 39 4 " 50 83.694 142.28 "
W. J. Chisholm, 38 4 " 50 83.694 14P.PB "
Chas. Dietz, 37 4 " 50 83.694 142.28 °
Miss 011ie Lytton, 36 4 " 50 83.694 142.28 "
M. L. Eppstsin &
A. M. Shortell, 35 4 " 50 83.694 142.28 "
Jerry Harwell, 15 4. " 50 83.694 142.28 "
Lizzie Cunningham, 16 4 " 50 83.694 142.28 "
RATE PER
N A M E L 0 T BLK. ADDITION FNTG. SQ.YDS. COST FRONT FT.
Miss M.E.Manning &
M. E. Tailock, 17 4 Park Sub. of Blk.
4, Field-Weloh, 50 83.694 0142.28 12.8456
Lizaie Guam ,m&Lem, 1s 4 " 50 83.694 142.28 "
Mrs.Rebecoa Goldstein, 19 4 " 50 83.694 142.28 "
Mrs. M. L. Muller, 20 4 " 50 83.694 142.28 "
J. 0. Pickens &
Flora McPherson Piokens, 21 4 " 50 83.694 142.28 "
E. P. Maddox, 22 4 " 50 83.694 142.28 9
Alie9 Purcell, 34 4 " 50 82.417 140.11 12.8022
J. A. Dinwiddie, 33 4 " 50 82.417 140.11 "
Thos. Dilliard, 32 & 9.6-ft.
of 31, 4 " 56 92.307 156.92 "
Wm.Cameromm & Co. N. 44-ft, of
31 4 " 44 72.527 123.30 "
C. R. Westerman, 30 4 " 50 82.417 140.11 "
Clement A. Boaz, 89(29) 4 " 50 82.417 140.11 "
Emma F. Kerr, 28 4 " 50 82.417 140.11 "
C. E. Whitlow &
Ada L. Whitlow, 27 4 " 50 82.417 140.11 "
Prioe Arnold, 23 4 " 50 82.417 140.11 "
E. P. Brown, 24 4 " 50 82.417 140.11 "
T. W. PsrKusom, 25 4 " 50 82.417 140.11 "
C. E. Whitlow, 26 4 " 50 82.417 140.11 "
S. Y. Wildman, 5.5Q-ft.of E.
l. ft. of A-2 4 " 50 82.417 140.11 "
J. N. Roes, N.12-1/3 ft. of
E.1032 ft. of A-2
& S.6�-2/3 ft. of
E.103 ft. of A-1 4 " 75 123.625 210.16 "
B.D.Shropshire, 1.7 ft. of E.
103* ft.of A-1 4 " 75 123.625 210.16 "
TOTAL FOR PROPERTY OWNERS, - - - - - - - - 5315.400 9,096.22
TOTAL FOR CITY OF FORT WORTH, - - - - - - 821.060 1,395.74
GRAND TOTAL, - - - - - - - - 6136.460 $10,431.96
ti
That the ,amount set opposite the name of each owner above, and his property, is
hereby assessed against the said propert , and declared to be the 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 amounts payable by each
owner, and assessed against his or her property, above, shall be payable as follows,
to-wit:
In 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 City.
3.
That the assessment shall bear interest from the date of the said completion and
acceptance at the rate of eight (8) per cent per annum, and if not paid when due, the
said assessment and claim 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 nonpayment 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
is any court having jurisdiction.
4.
That i� any of the said property owners, against whom or whose property the ass-
essment is hereby made, shall not pay in full when due, the amount so assessed, then
that the City shall issue to the said General Construction Company, the contractor for
the said improvement, assignable certificates against the owners of said property so
failing to pay such assessment, and against their said property, which said certificates
shall declare the said sums to be due and payable upon completion and acceptance of
the said work, and shall be payable to the said General Construction Company, 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 cent per
anmmum, and each certificate shall recite and declare the fact that the same are secured
by a lien against the property of such owner, and the personal liability of such owner,
and shall describe such property by number and block, or by 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 knowoand 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 due, that it shall be collectible with accrued interest and with court costs
and attorney's fees, if same have been incurred, and shall recite that the proceedings
with reference to such improvements have been made in compliance with the terms of the
said fbf'R of the City of Fort Worth and that all prerequisites to the fixing of
the liens and 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 aerUfioa"s shall provide that the same shall be pay-
able to the Tax Collector of the City, who shall issue his receipts for payment thereon,
which reoeipts shall be evidence of such payment on any demand for same by virtue of
the said certificates, or any independent contract to pay 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 the said City Treasurer shall
keep the same in a separate fund, which fund is hereby designated as the TRAVIS AVENUE
SPECIAL IMPROVEIARNT 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 Contractor or other
holder thereof, to endorse said payment thereon the said certificate, and that the
said Contractor or other holder of such certificate shall be entitled to receive from
the said City Treasurer, the amount so paid, upon the presentation of the said oert-
ificate credited with the amount paid thereon, and that said endorsement and credit
shall be the Treasurer's warrant for making such payment to the said Contractor, and
that such 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 prin-
oipal thereof together with all accrued interest and cost of collection shall be paid
in full.
Said 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 collect-
ing or enforcing the 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 Fart Worth, and that the said City of Fort Worth shall, whenever demand-
ed by the said Company, or holder of said certificate, fully exercise its Charter
powers to enforce the lien securing said certificates and collect the same, but shall
net 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.
I hereby certify that the above and foregoing Ordinance was duly
presented and unanimously passed and adopted by the Board of Commissioners
of the City of Tort Worth at a session of said oBoar T ay Uay,l8th,1`
1915.
ecretary. ___