HomeMy WebLinkAboutOrdinance 1662 ORDINANCE NO. 1� ��'
AN ORDINANCE ASSESSING THE COST OF OPENING &
WIDENING WEST FOURTH STREET FROM ITS INTERSEC-
TION WITH FIFTH STREET TO THE POINT WHERE NEST
FOURTH STREET-TURNS TO THE EASTWARD I'' THE CITY
OF FORT WORTH AGAINST THE PROPERTY 017N:ERS AND
THEIR PROPERTt LOCATED AND LYING ' ITHIN THE
FIgINGTTHETII1F':-M-1 SUCH SSPECIALTASSESSftiNiS
SHALL BECOT: D`'b AND DELINQUMIT lu11) PROVIDING
FOR COLLECTION THEREOF AND DECLARING AN Fa':fER-
GENCY.
WHERM) in accordance with the provisions of the
law and pursuant to a resolution duly passed by the City
Council of the City of Fort Forth on the 18th day of Decemb-
er, A. D. 1929, a public street in the City of Fort Worth,
known as West Fourth Street, was ordered opmaed and widened
through and across certain property, which property and the
owners thereof is more particularly described in said resolu-
tion; and
WHEREAS, said City Council of the City of Fort Worth
ordered said land to be acquired either by purchase or condemna-
tion proceedings; and
WHEREAS, said land has been acquired by purchase for
the purpose of opening and widening West Fourth Street; and
WHEREAS, the City Ragineer of the City of Fort Worth,
in c mplianee with said resolution, did submit to the City Coun
oil a plat shmr1bg the estimated total cost of the improvements
and the nature and limits of the district benefited by said
improvements, together with the names of the persons, firms
and corporations owning said property, which statement was con-
sidered by the Council, corrected and approved; and
WHEREAS, on to-wit, 19th day ,of February, A. D, 1930,
the City Council did, by resolution, find and declare the neces-
sity of assessing the cost of saieimprovement s against the
owners of the property within said district and did prescribe
a hearing of said owners, their attorneys or agents, and fix
a date therefor, and did direct the Secretary of said City of
Fort Worth to issue notice of said hearing by advertisement
as provided by said City Charter; and
WHEREAS, In accordance with said resolution, the
City Secretary did issue a notice of said hearing to said owners
and all interested parties by publication thereof for the time
and in the manner prescribed by the Constitut ion, laws and City
Charter of said City in the Fort Worth Press, a daily paper of
general circulation in said City for three consecutive days
prior to said hearing and did also notify said owners of said
hearing by posting a copy of said notice to each of them at
the Post Office in said City prior to the date of said hearing;
and,
f WHEREAS, said hearing, in accordance with said re-
solution and notice, was held by said City Council on the 12th
day of March, A. D. 1930, at 9*0 o'clock A. V. ; and
WHMEAS, it appearing to said City Council that all
proceedings were duly and regularly had and after a frill and
complete hearing was had, at which various property owners of
the property affected by said proceedings appeared in person
and by agent, end after a full consideration of the assessments
recommended by the City Engineer in the respective amounts and
against the respective owners thereof as published, and after
said City Council had arrived at the values which represent
justly and fairly the special benefits that such property will
receive by reason of the opening and widening of said West
Fourth Street, it is deemed advisable to order the passage of
this ordinance levying the special assessments against the prop-
erty as herein shown; NOW, THEMFORE,
BE IT ORDAINED BY THE CITY COUMTL OF THE CITY
OF FORT WORTH:
SECTION I.
That a special assessment be and the same is hereby
levied upon and against the hereinafter described property in
the amounts hereinafter stated and against the openers thereof
as hereinafter stated, Which said special assessment tax is
levied after a full and thorough consideration of the assess-
ment report of the dity Manager of the City of Fort forth and
the protests of the various property openers affected and of
the special benefits accruing to said property by reason of
improvements to said property and that said special tax is
levied against the hereinafter described property in the re-
spective amounts hereinafter set out for the purpose of ob-
taining money to pay the compensation to the said named prop-
erty owners as shown by said resolution and report of the City
Manager, a description of the property lying in the vicinity
of the said proposed improvements and the names of the owners
thereof, and the amounts of the special assessments hereby
levied against the same respectively and are as follows, to-wit:
!ir��h odist 40 5 & S. L .,
d. P. Smith's 5,500.00
Miss Olive Peak N. 2/3 3 7 �L'A, 7316' 1,000.00 '
Mrs. N. M. Waller W. 45' 3 66° City 1,000.00
Yon Woman's
J Christian Assn. 11,45' of W.90' ,;
/I.
of 3 66 " 750.00
H. Gibbons 4 & E,10' 3 66 U " 1,350.00
Benevolent & Pro-
tective Order of
Elks 3 47 ' " 10100.00
/Mrs. Thank Elliscn
p a widow 4 47 c " 950.00
��. B. sett, & .
wife, rguerite 3 & W.15' 4 76 " 875.00
rs Mamie Boyles
k7u8. 85' 4 76 " 575.00
Fir t Ba ist '
hurct 3 & 4 75 " 575.00
✓ I H,Burney and
Genevieve Tillar
a widow N.E. 1/4 82 125,00
W. B. West,Jr. N.50 ' of W.1/2 82 " 340.00
JFirst Presbyter-
Ian Church S.50 ' 0 .100'
ofw.1/2 82 t " 55.00
J E. L. Stems N. 1/2 1 81 " " 485.00
✓4 rter Publics- .
Ion, Inc. S. 1/2 1 81 v " 80.00
/
✓d. F. Gramamer 1. 1/2 2 81v " 600.00
0. B. Sellers S. 1/2 2 81--l" " •100.00
First Church of
Chri.st,Scientent
1 of Fort Worth 1 & E.1/2 2 80 " 1,400.00
✓Vrs. M. Rudy W. 1/2 2 80 � " 650.00
.�W . Townsend 1 & H. 121 2 67 J " lX5.00
J. T. Taylor W. 88' 2 67 a
and a triaVe west of Block 67, City Add.
out of the A. Robinson Survey - Beginninng�
at a point the N.W rner of Block67 Cit�
Add. ; thence 5.81-1 '; thence E. 50-8/10 ;
thence ?T. 30 deg. west to the place of be-
ginning. 21500.00
LOT or
OEM PAFOEL BLOOK ADDITION ASSESSIIW;T
John Pagan �" A tract of land out of the A. Robinson
Survey - Beginnirg at a point the N. W,
corner of Lot 3 loch 61P City Addition;
v thence west 50-$�01; thence south 60';
thence emit 81-5/10 ; theme No. 30 deg.
�l }'3o west to the place of beginning. $ 250.00
SECTION II.
The special assessments in the respective amounts
hereinabove set forth, and herein levied against the respect-
ively described property, shall be and constitute a lien on
the said respectively described property against which the
same is herein assessed, as well as a personal liability and
charge against the respective owners thereof in the respect-
ive amounts hereinabove set out, which lien shall be super-
ior to all other liens, claims or title, except ad valorem
taxes, and the said respective special assessments shall be-
come due and payable as far as practicable in sixteen (16)
equal installments in the following manner:
The first installment shall be due and payable
within thirty days from the date that the land required for
the improvement project described in this ordinance is so-
quired by the City of Fort North;
And one installment shall be due and payable each
year thereafter until the entire assessment is paid,
and said installments and assessments shall bear interest at
the rate of seven. ( ) per cent per annum from the date up-
on which the land required for the improvement project de-
scribed in this ordinance is acquired by the City of Fort
North; provided, however, that each property owner upon giv-
ing thirty days notice in writing to the Tax Collector of
the City of Fort North or the holder of any assignable certi-
ficates issued &reunder of his intention of paying the whole
amount or any installment thereof, shall have the right, or
privilege at the expiration of said thirty (30) days of pay-
ing the whole amount against it, or any installment thereof
with accrued interest, as the case may be. That upon the
payment by any property owner of any assessment in full, the
Tax Collector shall issue a receipt to the said property
owner and the City shall cause to be executed by the Mayor,
for such purpose, a release duly acknowledged for record,
of such assessment. That in case. any property owner against
whom any assessment is made hereunder shall fail, or make de•-
fa.ult, in the payment of the said assessment, or any install-
ment thereof, or of any interest charge, the City shall de-
olare the whole amount of said assessment due and the City
of Fort Worth shall enforce the collection of the same in ac-
cordance with the provisions of the City Charter, or general
law, or may file suit for the collection of the sane and en-
force its lien against the said property for the amount of
the assessment and interest, as well as obtain a Judgment a-
gainst the owners of the property personally liable therefor
under the terms of this assessment, and the City may obtain
a judgment covering the cost of collecting such assessment,
as provided by law and all delinquent assessments shall bear
interest at the rate of seven (?%) per cent per annum and be
subject to the penalties for delinquent ad valorem taxes and
be otherwise controlled by the City Charter in reference there-
to.
SECTION III.
That assignable certificates shall be issued under
the terms of the assessments herein made, and shall be made
payable either to the City or purchaser thereof, which as-
signable certificates shall declare the liability of the
owners and their property for the payment of the assessments,
and shall fix the term and time of payment) and conditions
of default and maturity thereof, which shall cover the cost
of collection, including a reasonable attorney's fees for
collection as provided for herein; that each of said certi-
ficates shall recite that the proceedings with reference to
the iiprovement referred to herein have been regularly had
in compliance with law, and that all prerequisites to fix-
ing the ammsesent lien egaianst the property referred to
herein, and the personal Liability of its owner have been
performed, and said recital shall be prima facie evidence
of the facts so recited, that the allegations of such re-
citals of such certificates in any snit brought for the
enforcement thereof shall be a sufficient allegation of all
proceedings had with reference to the making of said im-
provement and the assessment of the cost thereof, and of
all prerequisites to the assessment and shall be deemed suf-
ficient to permit proof of said proceedings and prerequi-
sites without the necessity of alleging and setting forth
the same in the pleadings, by caption, substantially or in
full; that the form of the certificates shall be such as
shall be approved by the Mayor and City Council, and as pro-
vided by law.
SECTION IV.
That a personal charge and liability shall be made
against each perm owning property and against whose property
the respective assessments hereinabove set out have been made,
which charge shall be a claim of personal liability against
each of such persons for the payment of the respective amounts
herein levied, as well as the respective installment$ against
each of such persons; that the special assessments levied,
as yell as all monies derived from the sale of assignable
certificates hereunder, shall, when collected, be placed and
deposited with the City Treasurer in a fund to be known as
the NEST FOURTH SMET WIDWING FUND, which fund shall be held
for the payment of the compensation to the said property owners
and all the costs of this proceeding as shown by the report of
the Special Commissioners, provided the City Council shall pay
to the property owners such sums as may be in the said Fund
in such order as it may deem advisable to obtain the said
property and begin the work of makJng the said improvement;
that the said fund hereby created shall not be drawn upon
for any purpose other than paying the compensation and the
costs herein provided.
SECTION V.
That the Tax Collector shall preserve in a well
bound book a description of the proceedings as herein shown
and the particular amounts herein shown to be assessed against
each property owner and shall issue a receipt as hereinaboye
provided to each person paying the said tax, as well as giv-
ing credit to any person paying any installment hereunder and
in case of assignable certificates, the Tax Collector shall
receive money due and payable under any assignable certifi-
cates, and shall place the same in a fund to the credit of
the holder of any assignable certificates.
SECTION VI.
WHEREAS, on account of the great necessity of
obtaining the money from the property owners hereinabove
set forth for the purpose of paying the c cmpensat ion for
the property belonging to the owners as hereinabove set forth,
in order to open and widen the said WEST FOURTH STREET across
same; and
WHEREAS, on account of the great necessity for the
opening and widening of the said street in order to facili-
tate public travel dnd avoid congestion, there exists an
urgency and emergency in behalf of the immediate preservation
of the public safety, health and life, that this ordinance
shall talm effect from and after its passage, and it is so
accordingly ordained that this ordinance be and the. same
shall become effective from and after its passage, as in the
Charter in such cases made and provided.
�UU �D /S TO FOIE[:
to ey
I, I.L.Van Zandt,Jr. , City Secretary-
Treasurer, of the City of Fort Worth, Texas, do hereby certify
that the above and foregoing is a true and correct copy of
Ordinance xo.1662, adopted by the City Council at a regular
meeting held on the 26day of March, A.D. 1930, as same appears
of record in the office of the City Secretary.
City Secretary-Tr surer.
STATt bP TRX)A
OOUNTY OF TARRANT RUME WAaddLyl
AND CO�RRRECCTTLY RECORDS THIS TH DAY A.D. t91..15/
AT..�L!0"+O'CLOCK.IN THIZ -E^.ORi )G OF TARRAKT
COUNTY,TEXAS IN VOL/ .PAGE
WITNESS MY HAND AND OFFICIAL SEAL THE DAY AND YEAR*80vp Wofti%
r
CHESTER HOLLIS
F THC COUNTY COURT,TAR"NT COWMy T m^
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