HomeMy WebLinkAboutOrdinance 1008 FORM No. 14.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON....__WAR= ROAD
IN THE CITY OF FORT WORTH, TEXAS,BETWEEN ITS INTERSECTION WITH THE........S�UTE
LINE OF...._CMMTTMA.ADDITICM AND ITS INTERSECTION WITH THE...._SQ1.._
LINE OF......._CARLWK AVE=_......._.......... -----_., 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 improvernent of
_.wa !1<'.);mod._--_-•--.-...---_-�-_-.-._......between its intersection with the-.....9%L._._......line of..._Ch/ltanha*
.,,,--AU UR...-______with its intersection with the.......S1tUth.►.....line of Oarlock Avonue......_-,., 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................... Loa CaRa"_........................for the improvement of the said portion of
said Street,was accepted by said Board of Commissioners; and,
WHEREAS, The said..-._Weet..._Tl=ak.-.tronrlrugtion_ComputY_........_._._...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-.
.........--......ifsrrsnit*-Bi_tulithie pavement with.._.._..._..........G.�rata..........-.......__.............foundation; and,
WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and mainteannee 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,land the cost thereof,as provided by Section 9,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 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 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,
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 of........_NM..._...._... 192..!L, at_.........9...._.o'clock__...._A1___M.,
at which time and pl
__....._..........._...................................._......._.._ _.._.W... _.__ ___ _._.........._._.__..._
owners, appeared to protest the said assessment and the benefits of said improvement connected with
the improvement ofsaid-pvrtivn-nf-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:
y
..r
}
Oontract Awarded: Argil Und-1924. price Bid.
gontractor: West Texas Construction Co. Pavement, per eq.yd.--t,3.18
Pavement: 2" Warrenite Bitulithic. Curb, yer lin.ft. ---- .45
34" Gutter,per sq,ft.-- .27
For Cotnoined Curb & Gutter, per linear foot ----- 1.00
For Earth Exosv .tion, per aubio yard ------------ .90
For Rock Excavation, �.er cubic yard - - ---- 3.50
Paving Assessment for wARNER ROAD, from the South line
pf Cheltenham Addition to the Sou#h line of Carlock Avenua, Fort
Worth Texas.
__. RATE' PER ""IT -
LOT DLK, 1 VIM. E 1 r r•
IMgere,N01110 H. --- ---
Rogers, Joe A.Rogers
Norma Rogers,Nellie ,.
Rogere(feme sole),
Goliebelle Herndon,
Gdldwin Herndon, O.R.
Keith, R.L.Rogera,H.L.
Harb8v & T.P.Wilkes.-- 3 1 BMELEY 63.5' 4$9.01164-$57a.24
80t -- " - 730.93
70' - " - 630.81
1
0 a a 5 " 60 t " - 54•0.7
11 " 3 5 " 601 - " - 540.7 t1
n 4 5 a+ sot - n 5.10.7
#13 " 5 5 " 601 it - 540.E po
9 14 " 6 5 a 601 - d' - 540.79
a' 7 6 "' 601 x " - 540.70
# a 6 6 " 801 - " - 560.70
r• 9 5 tr+ got +� - 640.70
1�a
n 10 5 "' 701 " - 630.81
#2 " 1 10 "' 701 .. " - 630.81
" a C10 * 601 - * - 540.70
30 a' 3 10 a 8O' y " - 54070
4 10 " 60t n - 540:70
#31 n 5 10 °i 60 t - •' - 540.70
n' 6 10 '" 601 - 540.7Q
34 " 7 10 ter Sol '* - 540.11"0 7"
*'a 8 10 "' 808 - "' -- 640. 10
NJ
.� 9 10 " 60t " -- 540.'70
a 10 10 70 t " 9 630,81,
#40 " 3-2 14 x Sol 730.�5
##39 n 11 14 t+' 60 t - " .. 540.70
P22254
n 10 14 >t 60t - " - 540.'fS
9 14SOt .. " _ 720.Q$
11 9 " 80t - °' 540.10
, a 10 9 PM 601 - " •. 540.70
2 a 3 n 9 8 " 801 - " - 720
..
2 to 13 6 80: - it .. 719013
#22 a+ 11 6 It 601 - "' - 540.70
7.0 6 a' 601 - " - 540.70
19 e 9 6 p But -- °' - 736.93
1s 4 n' 80' " - 720.93
9 " 11 4 ' 6 Jt n - �Z.0.70
6U�1
10 4 n - 540.?'0
m �
a. 9 4 ^" 801 _ '?R0.93
3 e 21 a "' 8Ui
>P� 24S a 566.69
?8qR COST TO
TO CITYERTY OF b'OR�WS- - - - -`� ya
GRAND TOTAL- - - •- - - - -r ", 3
FORM No. t+—ConUnv'�
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 paid 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 andegeneral 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 certificate 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 andAthe said City Treasurer shall keep the
same in a separate fund, which fund is hereby designated as the_...............-......IF.AR __nA ....
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-fame-said certificates-under the-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 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
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.
ORDINANCE
Date
Filed - day of
192
City Secretary