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HomeMy WebLinkAboutOrdinance 303 FORM No. 14 AN ORDINANCE. Assessing a portion of the cost of improvement on_A!;!4ZA ........................_..._.Street,in the City of Fort. Worth,Texas, between its intersection with the.__aduth_line of_.._ DO= —Street, and its intersection with the North in 11 � PACInC 8ireeb against the owners �i ga r' ..__..___.....___ iL�r,�x, of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: 17th Ootober v WHEREAS, On the....—................day of__......____._..___.____, 19.11., the Board of Commissioners of the said City directed the improvement of...................ACUIUAX..__.....—.__.._ -Street between its intersec- tion with the.___#0_Ak_l' o _._North.._.___.._.-Street with its intersection with the....-�?!h__Jine '!*Ms & Itaifia� $y right ofway of................................................_.........._........ 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 bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas u 't is Company, a corporation,for the improvement of the...........-...._......................_............. BallingBr / t -as accepted by said Board of Commissioners;and, WHERE id Tex Bitulithic Company has entered into a contract with the City of Fort Worth, as provid the ar r, for the improvement of said street,within the said limits by rais- ing, grading,and filling t sa e, and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founda • n• nd, WHEREAS, The s id Compa ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, 1 ac ce with the said contract, and specifications, with surety as required by the said City Ch e , which contract and bonds with the surety thereof, have been duly approved by the said Board f ommissio • and, WHEREAS, Thereafter,the City n of said City filed his written statement with the Board of Commissioners concerning the d ' ov ents, and the cost thereof, as provided by Section 8, Chapter 14,of the Charter of the i h' statement was considered by the Board, corrected and approved; and, 1VHEREAS,Thereafter the said Board b esolution of date,the,_s ag af� 19............. find and declare the necessity of se ng a portion of the cost of said-improvements against the owners of the property abutting ther on and their perty, and did prescribe a hearing of the said owners,their attorneys, and agents,and fi e a date a for and did direct the said Secretary of the said City to issue notice of the said hearing by a e ' ement, as provided by the said City Charter, and also by posting said notices as provided the n• and, WHEREAS, In accordance with the said solution, a ity Secretary did issue a notice of the said hearing to the said property owners by publication a or the time and in the manner pre- scribed by the City Charter, in The,Star-Telegram, paper of general circulation in the City of Fort Worth,Jor five (5) consecutive days prior to aid hearin end did also notify the said owners of the said hearing by posting a copy of the said no ice to eac f e , at the post office, in the City of Fort Worth, Texas, more than ten days prior to the date t a 'ng; and, WHEREAS, The said hearing in accordance with r olution and notice was held by the Board of Commissioners on the_.....7t�.-:.__.__.day of...May 1 _.... ._., at_8___.. o'clock a. in., atwhich time and place .........................................................._.........._...____.____._..._.........-- owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected netted with the improvement of said ._............._.___._..—..�.._._.___....._..........__Street. i NOW,THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: (1) That the benefits to each parcel of property of each owner hereinafter named in the en- hanced value of said property exceed in each case the amounts hereinafter assessed against such own- ers 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 pro- portion 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 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: PAVING ASSESSMENT FOR BALLINGER STREET, FROM THE SOUTH PROPERTY LINE OF NORTH STREET TO THE NORTH RIGHT-OF--WAY LINE OF THE TEXAS AND PACIFIC RAILWAY. RAIE k B ADDITION FNTG SQ YD CST PER John Scharbauer. N.E.} of 2 T & P 9 190.527 $397.73 $4.4069 T.F.Mastin. S. E.j of 2 " 9 190.527 397.73 ' J.B.Gray. 1 & 2 Blk 7 " 18 381.055 795.45 " Geo T. Reynolds. 8-9-10 & S-g of 11 3 " 172.65 368.320 768.87 4.4533 D.G.t'a::=be11.�F of 11 & its "E-13-14 Blk 3 " 17&1.65 36&.330 768.87 " Mrs. Leon Grose. 1 & 2 6 " 162.5 346.666 723.67 " Mrs. Josie L.Swayne. 15-16 6 " 1621 346.666 723.67 Mrs. Jno C. Harrie6n. 12-13 & N'{ of 11 4 ' 175 352.722 736.31 4.2074 R.H.Brown„10 & Sj of 11 4 "' 75 151.166 315.56 " Oscar Lenillet. 8-9 4 "' 100 201.555 420.74 J.R.Halsell. 1 & Wj of 2 5 " 162 327.527 683.71 Dr W. C. Mullins. 15-16 5 "' 1671 337.605 704.75 W.B.Swift- 1 & 2 8 Jennings So. 100 204.333 426.55 4.2655 W.D.Wilhoit. 3 8 " 50 102.166 213.27 " F.M.La Rue. 4 8 " 50 102.166 213.27 ' S.Bobo, 4 7 " 100 204.333 426.55 " J.I.Winters. NJ of Wj of 5 Blk 7 " 50 102,166 213.27 " S.P.Be=ry. S j of Wj of 5 Blk 7 " 50 102.166 213.27 " F.M.La Rue. 9 T 11 " 50 106.388 222.09 4.4417 H.A.Williams. 10 T & E 100#of 8 T 11 *' 100 212.777 444.17 0. S.Bobo. 11 T 11 *' 50 106.388 222.09 " Hyde Jennings Est.Jll of Blk 1$ " 200 425.555 888.35 Whitmore Morris. Prt of Blk 25, lying north of T&P Ry. " 37.4 113.133 234.08 6.2588 Edward Toogood. E 1101 of lot 1 Blk 26 "' 72 140.433 293.15 4.0715 TOTAL FOR PROPERTY OWNERS........ . .. 5,483.760$ 11,447.17 TOTAL FOR CITY OF FTWORTH.... .. ... . 9 66 2 08 63 GRAND TOTAL..:s.: ,: : : .:2*004 . �� 80 Note: The letter "T" denotes that the description was taken from Texas Title Company's Map. FORM No. 14—Continued 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:1-, 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 said city. `or (3) That the said assessment shall bear interest from the date of the said completion and accept- ance 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 man- ner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as pre- scribed 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 assessment is hereby made,-shall not pay in full when due the amount so assessed, then, that the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the own4froepachp perty so failing to pay such assessments,and against their said property, which said certieclare the said sums to be due and payable thirty days after completion and acceptancean shall be payable to the said Texas Bitulithic Company,and shall state the amount due e owner, and hereby assessed against his property, and the rate of interest thereon, hereint eigh er cent (8qo) per annum, and each certificate shall recite and declare the fact that this se re by a lien against the property of such owner, and personal liability of the owner, and shal e b such property by number and block,or such other description as may identify the same wi ference t other fact recited, and by the name of the owner and if the owner is not known, or if the p pe y ' owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide a the o t therein declared shall not be paid when due, then it shall be collectible with accrued inter d with court costs, and reasonable attorney's fees, if same have been incurred, and shall re it the procee 'ngs with reference to such improvements have been made in compliance with the terhie there a the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lien an perso liability, evidenced by such certificates, have been performed. Said certificates shall a executed t e Mayor and attested by the City Sec- retary with the corporate seal. Said certificates shall o ' e at the same shall be payable to the Tax Collector of the City, who shall issue his recei or paym hereon, which receipts shall be evidence of such payment, on any demand for same by virt of 'd certificate,or any independ- ent contract to pay the same, entered into by the owner h shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi t with�ty Treasurer and the said �the �Tax . 11 keep the same in a separate fund, which fun reby designated as the ---........_. CERTIFICATE FUND No... .�,and thtieneve ny ayment may be made ector upon such certificate, it shall be his duty upon prJesn i b the said contractor; or the holder thereof, to endorse said payment thereon, and that the o t for or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amou"ftto 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. 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 de- manded 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. Ordinance No.303. I hereby certify that the above and foregoing ordinance was dilly presented and unanimously passed by the Board of Commissioners of the City of Fort Worth at a session o-' said Board held Tuesday May 7th,1912. City Secretary.