HomeMy WebLinkAboutOrdinance 1009 B FORM No.14.�,c�o�•
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.....8URNE�1....ST'..j... ..................................
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.10-RTH
LINE OF....UAT.....3EY .TE._STR�''+IM................ AND ITS INTERSECTION WITH THE_SOUTIi
LINE OF....US1'....W=_IrR...QRI)....STRUT, 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: ;
r WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of
BnT 14.t....$trest--..._-----------------__--.....between its intersection with the....-.nl ft......_Iine of.._00._M
_OreAt....-with its intersection with the......_R 0h.........line of-..._!.Weath*rfercl St* by raising,
filling, grading, and paving the same; and,
WHEREAS,In-nccerdance-switksaid rmiotu , specifications-fursaid work wem-d ly 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----------.GEHERA7+....Q-010'.E5.P.T.I.OlY.._COMPANY..__....___..-- for the improvement of the said portion of
said Street, was accepted by said Board of Commissioners; and,
WHEREAS, The said.._GENEBAL..._Q.013.TR.INT.1Q.......QOW�,NY-.--has entered into a contract with
the City of Fort Worth, as provided by the Charter,forlthe improvement of said street,within the said
limits by raising, grading, and filling the same and by paving the same with......._" M.-.. Zdl ..........................
_......_....s�..': . 1.1 �.. p n Conerete
................. .................... avement with.........-b..-....-_....-.........-_.........__............. foundation; and,
WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the construc-
tion and maintenance 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 t e sa
lff—
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, in__........._.-.TIM.-Ior ......-.........-__...................---.......___
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.....&..0t}i,...day of.....__.XU.._....._-_..._........., 192...4.,at-......._119Qb'clock..A..........M.,
atwhich time and place... ... ...... --•........-.....-...............................................................
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f owners, appeared to protest the said assessment and the benefits of said improvement connected with
the-improvement v&mw*A4wwU4oa of-E fl d•-streat. _
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 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 par-
ticular 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
property of each, and the total amount in money hereby assessed against each one, and his property,
being as follows, to-wit:
5
-, , +•..�
M
Contraot Awarded:2--5-24 ValGe Bid.
ontraotor:general Construction Co. Pavement, rer
avement: 8 Uvalde Rook Asphalt, Curb, Per lin.ft. -- .55
Gutter, per Aq.ft.------- .25
For Combined Curb & Gutter, per 4in.ft. ------ 1.05
For Earth Excavation, Ter oubio yard -- -- .90
1For Rook Xxoava.tiorn, er cubic yard ------- --- 2.50
Daring Assessment for BURNETT STREET, from the
North line of finest Seventh Street to the South $ine of West
Weatherford Street, Fort Worth, Texas.
RATE PER VITAL
..LAME_ LOT ELK_ ADDITIOrT s FI+TTG. T. FTC
Orpba Tanner (widow) 1 60 CITY 1101 $7.98457 -$878.30
t P.W.Wa.re 4 80 ^ 1101 " - 878.30
l F. H. Keller 1 64 ^ 1001 " 798.46
' L-.H. Keller 4 e4 ^ 1001 - 798.46
Jerome Johnson & wife
Mamis K.Johnoon-N.100t of;65
E.J of lot 1 " 1001 " - 798.46
J.H.Armetrong & Wife
Callie L.Armstrong--So.101
of lot -- 1 65 " 10 t It •- 79.85
Ann Field-E.j of lot 4 65 ^ 1101 It -- 878.30
Mrs.Maria L.Field &
H.L.Baughman & wife,
Ione Baughman --------- 1 66 " 1001 " -- 798.46
W.H.Gibbons 4 66 " 100, ^ -- 798.46
Mrs.Charlton B.Hildreth,
Sue Higbee Embry,Eugens
W.Miller,Charlton Hi bee
Miller, Maxie Hildreih,
Volney Hildreth, Higbee
Embry, heirs of M.B.
Higbee -- - - - - - - - 1 67' " 1001 " - 798.46
Estate of JIM.Lyles &
Mrs.Virginim Lyles heir 4 67 "' 1001 " 798.46
Mrs.L. Shorb(widowi
Y.501 of Blk.--------- 102 ^ 501 " - 399.23
J.H. Daniels-S.1001oi a 100t "' - 798.46
No.150 of -----103
Estate of J.W.Adams x
Mrs.J.fir.Adams-S.501 cf
No. 3001 of ----10a ^ 501 398.23
Maya Besgma.n-601 btw.102 & 103 " 601 " - 479.07
Max Bergman- Lots 2 & 3
(T.T.Co. ) 103 ^ 1051 ^ - 838.38
Benevolent & Protective,
Order of Elks ------- 3 104 " 351 " - 279.46
Mrs.Mary Couts Burnett
(widow) & Trustees of
7exae! Cbris'tiam 100, " - 798.46
C.A.Hickman-Lot 8 & W.* n 2001
of ------3 1Q1
Mrs.Elizabeth}�. Scott(witiow)80 n 100t
W of lot -
MyrlU Havdy Riu � n 1001 ^ - 798.46
W.54-2/3 of 8 80
titi, I I w1r6
Fa$e #2.-Aseessment for BURP?ETT STREET.-Continued.
RATE PER TOTAL
j? A M E LOT ELT'. _A4DIT ON TTG 1,1 T PT
Pam. Gardner Goadwia 3 47 CITY 1001 - 47.98457 798.46
Wm. Gardner Go9dwin 2 47 " 1001 - " - 798.46
Mrs.P.A.HaftAorne &
Mrs.M.L.Maynard-W.j 3 46 a 1101 - " - 878.30
Geo.H. 5ohober 8 46 " 1101 - 87P 70
M.C.Roberts &
Emma G.Roberts-W.+j 3 63 " 1001 - " - 798.46
Ceo.L.Gause 3 63 "' 100, -- " - 798.46
Minnie i,.Nioks,
Josephine Nioks,
�. Ernest Nioke &
W.P.Nioks-W. 35' of 3 61 " 1101 - n - 878.30
S.H. Werlin-W.j of 3 61 " 1101 -- " 878.30
TOTAL COST TO THE PROPERTY OWNERS - - - - ", 9'7 3
TOTAL C-0T TO THE CITY OF FORT WORTH - 1 500.00
GRAND TOTAL - - - - - - - - - -— - - - "$ 7.13
V
FORM No 14___ContlnuM
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 W"n 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 assignable certifi-
catesagainst the owners of said property, and against their said property, which said certificates shall
declare the said sums to be due and payable in installments as herein provided after completion 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 (817o) 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
accrued 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
fixing of the liens and personal liability, evidenced by such certificates,have been performed. Said certif-
icates 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--------- 1'3ti .. 'egg___________________________________
CERTIFICATE FUND No........ M_.._ __ _�, 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 evidencing the several
ix tallmesta of principal and interest thereof, svhiclk ahali-)aa_
Mayor and City gecretary as are said certificates under the terms hereof,but the signatures 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
�..r thereof, or for any interest thereon, or for the cost of collecting or enforcing same, but that the said
company or holder thereof, shall h e 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.
6.20-•19 24.
ORDINANCE
No,�z'
Date _-
Filed ` dayof
— �
192
City Secretary