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HomeMy WebLinkAboutOrdinance 662 ti FON11 NO.14 AN ORDINANCE Z Z ASSESSING A PORTION OF THE COST OF IMPROVEMENT OhRIC.KkC1?D__0E=2Z...ZXR IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE..EA$T... LINE OF ...............XaJ7,=,AND ITS INTERSECTION WITH THE.....EAS.T....... LINE OFLISBIS-SIP2.1 XVEYTITE .9EEMM 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, ti..r TEXAS, That: WHEREAS, On the...__1.-.11L_.........._...day of ....... 1919......, the Board of Commissioners of the said City directed the improvement of.--.._Ri.ChMQnC1...A.Y..enu.@..............._..�5'kmt between its intersec- tion with ..-:Ting with its intersection with the_.R.E.4% Jine ofUi6.�i..7:aalpp1-....Are...Simt, 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 Char- ter; and, WHEREAS, Said s ere received, opened and considered by the Board of Commissioners, and the bid of the Texa ita t is Company, a corporation, for the improvement of the said portion of said Street, was ce t said Board of Commissioners; and, WHEREA Zs i Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b he C t , for the improvement of said street, within the said limits by rais- ing, grading, and filling th a and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' ndA WHEREAS, The Compxecuted its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, ince with the said contract, and specifications, with surety as required by the said City Cha contract and bonds with the surety thereof, have been duly approved.by the said Board ; and, WHEREAS, Thereafter, he City gi a of said City filed his written statement with the Board of Commissioners concerning the sal i e ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the?aid and did y solution of date,the..fl�}.:i_day'-of..._.-._..,.:k'i2I�----- -- 191-9....., find and declare the necessity of as ss' g a portion of the cost of said improvements against the owners of the property abutting the on nd owner of street and steam railways thereon and their property and did prescribe a hearin the sai oA ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se ary o t said City to issue notice of the said hearing by advertisement, as provided by the said City er, an also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, a it Secretary did issue a notice of the said hearing to the said owners by publication the f or e time and in the manner prescribed by the City Charter, in----------F-or_t.._1 ar-t.h...Fe-0.01. .---- -.--.-----.-a dai aper of general circulation in the City of Fort Worth, for five (5) consecutive days pri r to the s ' ing,and did also notify the said owners of the said hearing by posting a copy of the said notice o c o them, at the post office, in the City of Fort Worth,Texas,more than ten days prior to th a o t hearing;and, WHEREAS, The said hearing in accordance with the s solutio d notice was held by the Board of Commissioners on the....._._B-tb._..-...-..day of...___Jul y.-------.__._.., 1 ......-.,at._..9..._.....o'clock....A—M., atwhich time and place.------------------------------------------------------........:............................................ ....... ................... --------- -------------------------------------------------- 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 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 in 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 there- from 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 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 im- posed 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 hereinbelow 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 property of each, and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit: P %f w -f n`r► Et [-r� D D , C a s c F c F r: c .. 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That default in the payment of any instalment of principal or interest upon said assessments when due as herein provided shall, at the option of said Texas Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole amount thereof,both principal 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 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 the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against their said prop- erty,which said certific e shall declare the said sums to be due and payable in instalments as herein provided after6ir, rtd acceptance of said work,and shall be payable to the said Texas Bitulithic Company, ande amount due from each property owner, and hereby assessed against his property, and intere t thereon, herein fixed at eight per cent (8%) per annum,and each cer- tificate shall reeclar fact that the same is secured by a lien against the property of such owner, and personal liabili o he owner, and shall describe such property by number and block, or such other description y ide ' v the same with reference to any other fact recited, and by the name of the owner an ' the owne is of known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall p vi that if th mount therein declared or any instalment of principal or in- terest thereof shall not be pa' when du , h the whole amount thereof shall be collectible with accrued interest, and with court costs, and r� a torney's fees, if same have been incurred, and shall recite the proceedings with refere eXwdc provements have been made in compliance with the terms thereof and the charter of the Ci F Wort ,hand that all pre-requisites to the fixing of the liens and perms dal liability, evidenced by ch cert' calks, have been performed. Said eer�i�rtee-��- executed by the Mayor and attested by th it ecretary with the corporate seal. Said certificates shall provide that the same shall be payable to h ax Collect of the City, who shall issue his receipts for payment thereon,which receipts shall be v' ence o su payment, on any demand for same by virtue of the said certificate, or any independent contr ct o pay he same, entered into by the owner of property therein described, and shall provide he Tax o ector shall deposit all sums received by him on said certificates with the City Treasurer and th s ' ity Treasurer shall keep the same in a separate fund, which fund is hereby designated as e_._Ri_cr�iCzuli...h.E.XLie....-.................-...._...-.................... CERTIFICATE FUND No._1_.___, and that whene r ny payme ay be made to the Tax Collector upon such certificate, it shall be his duty on presentation xa id contractor, or the holder thereof, to endorse said payment thereon, and the c�o �aco older of such certificate, shall be entitled to receive from the City Treasurer the id upon presentation of the said certificate, credited with the amount paid thereon, ae r ment and credits shall be the Treasurer's warrant for making such payment to the saidEe ra or, and that such a payment by the Treasurer shall also be receipted for by the said holder ting t e said Treasurer, or by the surrender of said certificate, when the principal thereof, torr wit c e interest and cost of collection,shall be paid in full. That said certificates may be issued, w' u n thereto attached evi- dencing the several instalments of principal and interest thereof, w c Pons shall be executed and attested by the Mayor and City Secretary as are said certificates un r t terms hereof, 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 instalment 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 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. ORDINAN No. Titl v Date Filed day of-: 1 - - City Secretary,