HomeMy WebLinkAboutOrdinance 508 � r
ORDINANCE N0.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF n'PROV7214ENT
OF CANNON AVENUE FROM THE EAST PROPERTY LINE OF
HENDERSON STREET TO TIC WEST PROPERTY LINE OF
HEMPHILL STREET, AGAINST THE OVMTRS OF PROPERTY
ABUTTING THFREMN AND THcIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF 00MBSI01RRS OF TF43 CITY OF FORT rORTH, THATt
'VQtMREAS, on the 16th d* eP Mardh, 1915, the Board of Ocondsoloners of said City
directed the improvaameat of Cannon Avenue, from the east property line of Henderson
Street to the west property line of Hemphill Street, by raising, filling, grading and
by paving the same, and
WHEREAS, in accordance with said resolution, specifications for said work were
duly prepared by the Oity Engineer, and adopted by said Board of Commissioners, and
FREREAS, bids for the said improvement were duly advertised for, as required by the
City Charter, and
WBERBAS, said bids were received, opened and oonsilared by the Board of Oormiscion-
era, and the bid of the General Construotion Company, a corporation, for the improvement
of the said Cannon Avenue , was adopted by the said Board of Commissioners, and
WHEREAS, the said General Construction Company has entered into contract with the
Cityy of Fort Worth, as provided by the Oharter, for the improvement of the said street,
si&u the said limits, by raising, filli.Lg, gradiud, and by paving the came ,7Lt4
Asphalt Maeadam Pavement, and
WHEREAS, the said Opmpany has executed its bonds to the City of Fort Worth for the
construction and maintenance thereof, in accordance with the said contract and speoi-
fioations, with such surety as is required by the said City Charter, which oontraot and
bonds, with the surety thereof, have been duly approved by the said Board of Comiss-
ioners, and
WHEREAS, thereafter the City Engineer of said City filed his written statement with
the Board of Commissioners concerning the said improvements, and the coat thereof as
provided by Section B, Chapter 14 of the said City Charter, which statement was con-
sidered by the said Board, corrected and approved, and
MMYSAS thereafter the said Board did by resolution of date, the day of
1415, find and declare the necessity of assessing a portion of the cost of
said imprrovements ags.ins# the owners of property abutting 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 Secretary of said City to issue notice of the said
hearing by advertisement, as provided by the City Charter, and also by posting said
notioes as provided therein, and
aAS, in accordance with said resolution, the said City Secretary did issue notice
of the said hearing to the said property owners by publication thereof, i'or the time and
in the manner prescribed by the City Charter, in the Fort Worth Record, a nowgMer, be-
ing a daily paper of general circulation in the City of Fort Worth, for five 5) con-
seoutive days prior to the said hearing, and slid also i.oLiZy t:;e 4a_3 clwa:r_ of tha .sai.d
heartna ,a cap' of the said to each of them at the Post Mica in the
City Mtaft Texas, more than ten (10) days prior to the Sate of the hearing, and
WHFREAS, the said hearing, in actor th the reaolu and notice, was
held by the Board of Commissioners on the isy of , 19 at 9 o'clock, a.m.
at which time and place the following owners of prop e geared to protest the said
eesessment, and the benefits of said improvement conneo ed with the improvement of the
said
NOW THEREFORE BE IT FCRTHER OrDAIBED BY THE BOARD OF CO'MSSIOFI'RS, AS FOLLOrs,
TO-WITS
1.
That the benefits to each parcel of property of each owner hereinafter named, in
the enhanced value of acid property, exceed in each case the amounts hereinafter assessed
against such owners and their property. And the said Board having considered the
evidenoe and it appearing therefrom that the strict applioation 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, and
that the apportionment and assessment hereinafter made will effect substantial equality
and justice between property owners, having xn view the bens-M is xacalvod and burdens
inpoaaei upon each ewsasre, end t?te ^aifi aprort°nr-en` and assessment is hereby adopted.
2.
That there is, and shall be, assessed against each owner of property hereinbelow
named, and against the several parcels of property of the said owners hereinbelow
described, as their proper pro-rats. part of the cost of the said improvements, the
several sums of money not opposite the names of the said owners and their property. The
names of the said owners and description of the property of each, and the total amount
in money hereby assessed against each one, and his property, being as follows, to-wits
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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 the personal liability of
the owner thereof, and secured by a lien upon the said property superior to all other
liens, claim or titles, except lawful taxes. That the amounts payable by each owner,
and assessed against his or her property above, shall be payable as follows, to-wit:
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 '.:ity.
3.
That the assessment shall bear interest from the date of said completion and accept-
ance at t'ie rate of eight (8) per cent per annum, and if not paid when Sue, the said
assessment and claim of peal liability shall be enforced, either by the sale of such
property by the officer, arsonnd•in the canner as far as applicable as :;ales are authorized
to be made for nonpayment 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, ir. any court
having ,jurisdiction.
4.
That if any of the said property owners, against whom or whose property the ass-
essment is heroby Lade, s'nali not pay in full when due, the amount so aeeessed, then that
the City shall issue to the said General Construction Company, the contractor for the
said improvement, assignable certificates against the owners of said property so failing
to pay such assessment, and against their said property, which said certificates shall
declare the said sums to be due and payable upon completion and acceptance of the said
work, and shall be payable to the said General Construction Company, and shall state
the amount due from cash property owner and hereby assessed against his property, and
the rate of interest therein, herein fixed at, eight (8) per cent per annum, an(: rach
certificate shall remit and declare the fact that the same are secured by a lien against
the property of such owner, and the personal liability of such owner, and shall describe
the property by number and block, or by 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 and if the property is o:^nod by an state, it will be sufficient to
so state the fact.
;.aid certificates shall provide that if the amount herein declared shall not be
paid when due, it shall be collectible with accrued interest and with court costs and
attorney's fees, if same have been incurred, and shall recite that the proceedings with
reference to such improvements have been made in compliance with the terms of the said
Charter of the City of Tort "north and that all prerequisites to the fixing of the liens
and pearsonal. liability, evidenced by such certificates, have been perforLned. ;aid
certificates shall be executed by the ,favor and attested by the ::ity lecretary with the
corporate seal. :,aid certificates shall provide that 'lie :angle s!mll be ravaLlo to the
Tax :'.)cllector of the City who shall issue his receipts for payment thereon, which
receipts shall be evidence of such payment on any demand for came by virtue of the raid
aertiPicatas, or any independent contract to pay the same entered into by the owner
thereof, and ^hall provide that the Tax Collector shall deposit all sums received by him
on said certificates with the City :reasurer, and that the said City Treasurer shall
keep the same in a separate fund, which fund is hereby designated as the ^6r"' * Lr
°LCIA is FUND t10.1, and that whenever a,iy payment shall be ace to the Tax
Collector, it shall be his duty upon presentation of the certificate by the said Con-
tractor or other holder thereof, to endorse said payment thereon, and that: the said
Contractor or other holder of such certificate shall be entitled to receive from the
said City Treasurer the amount so paid, upon the presentation of the said certificate
credited with the amount paid thereon, and that nail endorsement and oredit shall be the
Treasurer's warrant for making such payment to the said Contractor, and that such payment
by the ';'reasurer shall also be roceipted for by the said holder in -riting to the ^_aid
Treasurer, or by the surrender of said certificate, when the principal thereof toZether
with all accrued interest and cost of collection shall be paid in full.
Said certificates shall also recite that the City of Fort 1"orth shall not be liable
for the payment thereof, or for any interest thereon, or for the cost of collecting or
enfaroing the same, but that the said Contractor or holder thereof shall have the rie,ht
the collect such certificates as therein provided by the terms of the Charter of the
City of Fort i+orth, and that the said City of Fort Worth shall, whena-er demanded by
the said Cont:raotor or holder of said certificates, fully exercise its Charter powers
to enforce the lien securing said certificates and collect the came, 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.
I hereby certify that the above and foregoing Ordinance
was duly presented and unanimously passed and adopted by the Board of Cam-
miseicnere of the City of Fort Worth at a session of said Board held Tues-
day May 2nd, A. D. 1916.
i
City Secretary.