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HomeMy WebLinkAboutOrdinance 862 FORM No. 14, AN ORDINANCE $(�� ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON._._pNMSMI'PH.,,6T..F.EI.E.-T........,,_......... IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE' ST_....._ LINE OF.......FIE)II�BILL--ST&El --...—. ..--..._.._, AND ITS INTERSECTION WITH THE......EAST....._ LINE OF.........._......ADAMS..9r13M..._._._.___.T_..._.._, 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 Peteremith..Street..,_............between its intersection with the........xei8C......_......line of.i?ltAcPhU1.._4ree0 ................................._...._with its intersection with the......Eaat........-.line 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...............I&ST _TEXAS._9015-S. .UI%TIQN...Q4�._... ... __.. ._.._._..__.._..._.....,for the improvement of the said portion of said Street, was accepted by said Board of Commissioners; and, WHEREAS, The said....._...._......YEST._TEXAS....C0118PRUCTI0N....C.MEART__1as 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__— _..... ._Bitulithi0._................................_..............pavement with_.__4ongret ._....__...._ .._.__......._._._.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 cost 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--&-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.._.._..__T! For wO h Aeard 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.. ._..day of 192�._, at_..__�.....o'elock�.___�._M., fr /9 e_at which time and plac .........._._..___._....__.._.._......._..._...__.__......._.._.__ __—__ 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: t , Oontra.ot Atrardad: July 16-LAM Prioe Bid 0ontraot4ri Feet Texas Ooustru_-tion Co. pavement-- 3.18 Pavement: Bitulithia 6urb- .55 Out'or- .37' Earth E=oave.- .90� �Jtvg:tat 14-].9 ) l�c}olrva.- 8.50 Pr.wing Aessument for PETERSUITH SM T, from the West line of Hemphill Street to the East line of Ad:)x-a Street. I UT N E E LOT BLSt;l_t?S?I' I 7=91 RITE 008T _ R. Hagood & J.H.& R.E.Ture- J.A. Zlobling- No. j of 1 40 mats Sub of - B1k. 40, idow) JsziUap Sout', LUt $5.34713 6757.90 Ewa �re�han tW W. l a of- 10 ;.,11 40 " " 501 " 367.36 El4%h- woody & .AlLu Du>aarroody- E. i/3 of Lots 10..& 11 40 " " 501 x 267.36 J.8. Philli a & Lizzis of 18 40 « n ;;,fit s 634.71 Sam Gilbert- W. " 10 39 Hyde Jeaning� Bub A.,Gilbert And R. Gilbert B1k.39, .TemEss South 95t rz 507,98 Sat4a .,.isle) & Tbuas Road me so ) E.o of 13 39 " " " 951 It 507.98 Oxgatu- 01 9 & 10 39 " " tt 60t " 330.83 H, Dnxrett & 0.A, Hiodk=m,-E.l30t 9 & 10 39 s " " 1301 " 695.13 D,X, Karna,ghan & - u.J. yleihey 34 38 TIT1,SC�S S�UTH loot " 534.71 B.E, Morris 85 38 «. 501 " 887.38 Jennie Thite(wilo>r) a6 38 " " 501 " 367.38 B.Y.. Little 87 38 n, " 501 " 367,36 Fmt%ss Colton (widow) T'tt 1 & 1.801 of 88 38 «' " 1501 « 9047 Eather ftIton (wi.dov) E. $501 01 B.a5Ot of 35 O.E. persyts Sub Bak.35, J'enni South 1501 x 803.07 Traders 1Pat30xaa1 Bamk-- E, 100, of W, 210, of 8. 1001 -d------------------ 35 « « n 1001 * 534.71 W.O, Dav3s--W.100t of 8.. 50t of------ 35 « n n loot " 534.71 P.-T. 00a". . loot of S. 501 of 4 34 Jefiainge South 100, " 534.71 Solon b43Jetc , W': Idartha Milton(fsma sole) E.4Jtof W.801 of 8.881of 4 34 a x ,fit « 213.88 M.B. Bowie, Solace Milton & m3qthe lultou (3eme so T, 401 of S.8P4 of 4 34 « " 401 " 213,88 O.B. 81oaa-E.90t�f S.. 50, of-------- 3 34 n n 901 n a61.24 E2tat• _ w. 901 of S. LE �Y do" rq t a 901 n 401.34 oyes$ e so ) Boyd (*1�1m)----18 ' ' J.HIM R.W.T=9- and H. Antvsil (Widow) Imam'© Bub.B1$.33 Jennings South . 100, " 534.71 City of Fort Worth 5 33 " " 1001 * 534.71 Elijah Aunwoody & Allis Du,Mraody-- 5.1f e� of 4 33- � " �8t R 737s90 TOTAL COST TO -MOPE O1�RS-------- , .87 ��,33000 TOTAL COST TO CITY 02 FORT WQMU----- s°00. d GRM TOTAL- FORM No. I4—Coatinued. 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 2*id 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 certificates 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 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-.._.._._P.ZT3 5 ...6TABIRT.........._.._._....__... 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 hereof,but the sig- natures of said Mayor-and City Secretary attached to saidcoupons 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 1k.—Pe 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 to so collect or enforce the lien thereof. (5) That this ordinance shall take effect from and after its passage. Fort Worth, Texas. August 26, 1922. To the Honorable Mayor, and Board of Commissionerp, of Fort Worth, Texas. Gentlemen:- Relative to your notice to us of August 15th 1922, in regard to paving that part of West Peter Smith street abutting to or adjoining our repective properties, we the undersigned, herwith enter our protest or objection. The reason we offer you is, that we do not feel financially able at this time to mare such an investment. Very respectfully, ?eat 100 feet 85 feet 100 feet j 50 G t 100 feet -- 130 feet - C 40 feet - E 138 feet 300 feat (�• (�' 85 feet itm'i'radta l�iatul Bank`Warn 1 o • O N { 1 ORDINANCE No. TitIe�� Date Filed _ day of � 192 City Secretary