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HomeMy WebLinkAboutOrdinance 263 AN ORDINANCE . Assessing a portion of the cost of improvement on Fjf Inv Streets, r il- OF in the City of Fort Worth, Texas, between ibe intersection with the .ff line of .S���Y�{'��G Street, and its intersection with thee�Ct line of Street against the owners of property abutting there- on, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the day of fy&, , 1911, the Board of Commissionersof the eaid City direutsd the improvement pf, jtyr6_ i /y1!e/1StreetS, bet:reen�;intersection with the ,Eases line of �oir�lGr« Street, with-IZ4.tnterseation with the A1gs jrf line of SkI -14ou/1/ Street, by raiding, filling, grading and paving the same; and, WHEREAS, In accordance with said resolution, dpecifioations for said work were duly prepared by the City Engineer, and adopted by the Board of Commidsioners; 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 Commission- ers, and the bid of the General Construction Company, a corporation, for the im- rovement of the ' --��'^' S eet� was accepted b said P ®Factf�/�iwfrf�i ��its'f'/alYBl��i �' � P y Board of Commissioners; and, I[MR1eAd, The said General Construction Company 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 Vitrified Brick pavement upon a five-iuoh gravel concrete foundation; and, WHEREAS, The said Company has executed its bonds to the City of Fort Worth for the construction and maintwnanee thereof, in accordance with the said contract, and specifications, with surety as required by the said City Charter, which contraot and bonds with the surety thereof, have been duly approved by the said Board of Commissioners; and, h 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 prmid" by Section 8, Chapter 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 of date, the � dnylof 1911, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of property 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 said Secretary of the said City to issue notice of the said hearing by advertisement, as provided by the City 0harter, and also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, ,the City Secretary did issue a notioe of the said hearing to the said property owners by publication thereof, for 3F the time and in the manner prescribed by the City Charter, in The Star-Telegram, a daily paper of general circulation in the City of Fort Worth. for five (5) con- secutive 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 31st day of October, 1911, at J2_ o'clock A. M., at which time and place owners of property, appeared to protest the said assessment, and the benefits of said improvement connected with the improvement of said EQst �/���+► ` ,Street. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wits 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 assessed againct•auch_.*wnars and their-prgpertyi 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 h his property is to the whole frontage improved, would operate unjustly in particular cases and that the apportionment and assessment hereinafter made will effect sub- stantial equality and justice between property owners, having in view benefits received by and burdens imposed upon such owners, and said apportionment is hereby Roopted. 2. That there is, and shall be, assessed against each of the owners of property herein.. below named, and against the several paroels of property of said owners hereinbelow described as their om mx proper pro rate. 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 at the said owners, and desoriptions of the property of each, and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit$ Paving Assessment for Esat Eleven4h Street, From the Eaet Prpper4y Line of Commerce Street to the West Property Line of Calhoun Street,�en91 Eaet 'twelfth Btroot, From the Eaat Prq party Line of Commerce Stre�,'�o the West Property Line of Calhoun Street. Square - Rate Napie, I.9t, Sloak and Additlon— Frontage.yards, Cost, per. Rr. R. Ward,Sr., W, B.Ward, Jr,,and Mrs. Sallie W. ffarrison, Its.3,4,bk.D-4,paggett'a ad...2oo 442,666 ; 911.89 f4.5595I F. M. Weaver and T.TI. Yarbrough, It. 8,.bk, D-5, Daggett'. addition .., .. ..., .. ..100 2$1„338 466.95 4.559'5 A, C. Robertson and Lee Fleming eat., it. 16, bk. D-A, Daggett'. addition.................. .100 221.333 455.95 4.55911 F. M. Weaver and T. B. Yarbrough, It. 1, bk..p-6, i Daggett's addition ... .... ....... 100 220.777 464.80 4,5480 S. Rotsky and Max Smith, it. p,bk.D-5;Daggett's addition . .... ..100 220.777 A69.80 4,5480 Alaggie Depeque, Its. 8,16, bk-p-4.Daggett'a'ad..200 441.565 909.60 4.6980 Total fur ;i i+-rty owners ,..,....... ....... 1,703.491 93,642.99 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 iitles, except lawful taxes. that the amount payable byreach owner, and assessed against his or her property, above, shall be payable as follows, to-wits 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 said assessment shall bear interest from the date of the said completion and acceptance at the rate of 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 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 if any of the said property owners, against whom and whose property an assess- ment 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 tl,e owners of swit-PropertT so failing to pay such assessments, and against their said property, which said certificates shall declare the said sums to be due and payable thirty days after oompletion and acceptance of 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 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 bartifiestes shall p7rmride that if the-amount therein deolt�ea shUTY not be paid when due, then it shall be colleotibbe with accrued interest, and with court costs, that and reasonable attorneys fees, if same have been incurred, and shall reoiteAthe proceedings with reference to such improvements have been made in compliance with the terms thereof and the Charter of the City of Fort Worth, and that all pre- requisites 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 certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipts for payment lthereon, which reoehpts shall be evidence of such payment, on any demand for(same by virtue of the said certificate, or any in- dependent 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,C� ¢ CERTIFICATE FUND No. i17rie , and that whenever any payament may be made to the Tax Collector upon such certificate, it shall be his duty upon presentation by the said contractor, or the holder thereof, to endorse said payament thereon, and that the contractor or holder of sudh oertifica'U_e, shall be entitled to receive from the City Treasurer the amount so paid upon the presentation of the said certificate, credited with the amount paid thereon, and that the said endorsement and credits shall be the 8reasurer's warrant for making such payment to the said contractor, and that such payment by the Treasurer shall also be receipted for by the holder in writ- ing to the said Treasurer, or by the surrender of said certificate, when the principal thereof, tbgether with accrued interest and cost of collection, shall be paid in full. 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 certificate, fully exercise its charter po^hr 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. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held Tuesday October 31st ,1911. City cretary.