HomeMy WebLinkAboutOrdinance 1009 A gar
FORM No.14. e.... �-
AN ORDINANCE fLY��lf
ASSESSING,A PORTION OF THE COST OF IMPROVEMENT ON-..-..-VT CURT---BaULEI-AM.-...........
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.._N.ORTH
LINE OF........BESBT.] ...S.TR, 'ZT................................_. AND ITS INTERSECTION WITH THE._..._ygE5-T.-.
LINE OFS.Y.C.9MCtRE....CRF.�'�................_.................... 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 improvement of
Irlakoxy.....lRoule—vast..............................between its intersection with the.._...XO,&th-.-...._line of-5.8as-io...........
.S. t.T*.&t-------------with its intersection with the._..W.88.t.-............line of......,`a..y..ONUS.e.__CTOB.C............... by raising,
filling, grading, and paving the same; and,
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........ya,Zi.east....&.-..Ta.omey......................_.............-.............___......, for the improvement of the said portion of
said Street,was accepted by said Board of Commissioners; and,
WHEREAS, The said..._Yall.8Edlli_$c....TCQqIOy..............................................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.......5.-.1/3"......vertica.l...
-;Ubra-3rick..........._.............-- ....._....----.pavement with..-_5-' �.
U OA ZOU........_.....::......._.-Joundatiow; 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 a0d steam railways thereon and their property and did prescribe_a hearing 9Lthe 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, in__th8_70X±_.fo.rth...RlS.f Az&......_........................._......_........_...__.......w..__-_
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_11t.h...._day of__._.Jd'S ......_ .._.__........._, 192.4..., at..9.1_00._...o'clock...A1.......M.,
atwhich time and p*ce-----...........................................-.........-..............................................---------'........................--................
...........-.....----------........-............
.................."..�.
_.__... ..___.._..................._ ......_._..W...__._w_........._......_.._...-..._..........................._....................._....._.__........_._..._..__............
_
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 adjudged and ordained by the said Board of Comm, ianers,
as follows, to-wit:
(1) That the benefits to each parce abutting property of each owner hereinafter named by the
enhanced value of said property exceed 9n 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-
titular cases and that the apportionment and assessment hereinafter made will effect subMantial 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:
F
� r
z
Contract Awarded: April BthY-1934. ICE RT7D_
�ontraotor:Valieant & Toomey. Pavement, per sq.1d.----$ 2.75
FF.ve*ent:-&4ffVertioal Fibre Brick. Curb, per lin.ft. --- .50
Gutter, per eq. ft.----- .35
For Earth Excavation, per oubio yard --M------- .70
For ROO Excavation, per cubic yard .50
Paving Assessment for VICKERY BOULEVARD, from
Pe North line of Bessie Street to the West line of Sycamore Orebk,
Fort forth Texas.
RATE PER TOTAL
e
braham Felber 5 GLENFOOD 691-$5.62716388.87-
;. H. Brandt L & a. a a 1391- n - 783.18
Mrs.Tennie Mayes
(widow) - - - - 3 & 4 a n 1001- a - 563.74
Angus & Jessie A.
McLeod - - - - - - -5 a n 501- e - 281.36
R.Hansen r - - - - -6 a a 50ti a 2$1.38
A.B.Oowen ----- -----7 a a 50t- n -- 381.36
W.F.Hightower -------g 8 n 50'- a - 381.38
E.A.C-lardy-W.33-1/3t-1 3 * 33-1j3'- ^' - 187.57
J.G.Brownfield-E.1f-
2/3+ of Lot - --------1 &
W.16-8/3' of Lot 3 3 a 33-1j3+- n - 187.57
P.M.Fagen-E.33-1/3tof 2 3 a 33-1jW- a 187.57
J. 3 n 50t- it -- 281.36
W.N.Glidwell --------a 3 a 50t- a' -- a81.36
W.N.G1idwell --------5 3 a 501- w - 281.36
Mrs.Naunie M.Perkins
(a widow) ------ 8 & 7 3 it,
lOQtr it 562.7$
R.B.Morgan ------8 & 9 3
W.G.Pearson,J.W.
Wright,J.W.Reed,
F.H.Greer,Truetses n Sot- n _ 381.36
of OhuxSh of 0hrlst-10 3
T.J. Kincaid -------11 3 a 1801- V -11012.89
Earl Keaxby -----1 & 2 16 n 1001- at - 562.73
J.V•.Rober is & wife
Sue Frensley
Roberts ------------- 3 16 a 50t- a: - 281.36
H.0.Gray --- _--_--..4 16 a 501- ") -- 281.36
D.Emery Allen ------•-5 16 a Sol- a` - 281.36
D.S.Finley & wife,
Rose Finley - --------6 &
West 61 of lot -------7 16 a' 56+- n - 315.12
C'.J.John0n-E.75 t of 7 16 p 75 t- a - 423.04
J.T.Hinke,O.T.Laxon,
W.B Joaet,0.0.Moody,
M.G:Newbury,Trustees n 127+- a - 714.8b
Glenwood M.E.Churo h-1 14
Harry Keeton-5021001
of B1k.14,lying immed- n 501- - 281.36
iately E.of Leuda 8t,-------
John E.Eeetons5OZ10010f Blk.
14,lying immediately E.abave n 281.36
SOX100+ --------
Sol-
Harry & Joe Keetons Bala 06''e-
of Blk.14 & W.part of Bl.k.---38i
(N:IC on Viokery Blvd.from
theta.line Ashor®anent to n 387t- n .2,177.71
point 1001 E.of Leuda. St.)
x
tags #2.-- Assessment for VICKERY BOULEVARD * Oontinued.
RATE PER TOTAL
FNT.K. CO9
.E. erguson Part of Blk. 3 GLEYFOOD
and lots & a 62 HIGHLAUDS TO
GLEN ft0D .Ti05t-45.6371G-$ 590:85
$.H.Olenn-.part 01 Bak,--- 681 GI,EDMOOD
and lots 3 & 4 63 HIGHMNDS TO 1051- ^ -- 590.85
O.M.Cates 1., & 3 63 GLEN1 OD 105 r; ^ -- 590.85
D•O.Cates 3 & 4 63 d 105 - %0.85
�.'p arodes -------------1 &
W'e'At 1/s 6f -----------Z 69 N 751-- " - 422.04
E.6.G&ssoway6-E.j of ---2 69 n ab�- " - 140.68
E,G.Gaasoway+--�-------- &� ^ 82f- " - 461.43
�.T.Money ---______.....1 70 GLENWOOD 981- " - 551.46
O.A.'Perry & wifee
Annye Ferrell Fenry$ & HIGHMANDS TO
W4 of -----.-3 70 GLENWOOD 751- "' - 432.04
D.E. Aystin 4 & ^ 75t- " - 432.04
East 112 of -----------3 70
Elsie Wilson,Feme sole-5 70 ^ 751- ^' - 422.04
A.D.Mimms & H.& T.CRit.Company ----------- 1 1 2 10 BEIBOLD 125t- " - 703.40
W.F.Beibold- 1, a & 3 7 ^ 165.31- " - 1,042.71
Ft.Worth southern
Traction Co. & North
Texas Traotim Co.-- Part of John Davis " - 450.17
survey --- Sol_
City of Ft.Worth,----- Part of John Davis
Survey from Byoamore
Creek to. Sycamore
street �- n' 5,5708
Oscar Newton ------- a a4 GLENWOOD 110 -
. 9
Annis 1 Smith (widow) 3 & " 75t- " .. 422.04
West 8 of lot ------- 4 24
J.W.Greves & Annie M. rt 251- " - 140.66
smith-E.1/2 of -------- 4 24
J.W.Groves & Annie M. 251- a - 140.68
pmitb-W.1/2 of --=-- 5 24
A.,F.Cottar & wife,
Liblian H-Cottar--E. Of 5 & ^ 75t., rt 42�.04
lot -------6 24
B.F.Slager & wife, Ida
M.Robinson 61ager,W-H-
Logan,& wife Jessie Lucile
Robinson Logan & Elsise ^, 5QT_ rt .. 281.36,
Robinson feme sole ----- 7 24 ^ 109.3t_ ^; _ 61�4.49
Daniel Oi0ionnell-- 1 8 & 3 18 ^ 18at- ^ 1,034.1:4
J.R.Gur ley ._--_--- , �4 &
C.Q.Jeff'sies ------___4 " 751«- " - 42a.04
West 1/3 of —.--,...-_.___b 18
Frank Maggio-I.E. 1/2 --5 & 50t_ n _ 381.36
9 W.1/2- of -------__.._.6 16
WJ.W.Reexd,F.H.Greer,
Gfe woedg��ifroli of C riet
Trusteea-S-E.1/2 of lot--A & a. 75t_ 422.04
all of-lot -----•---�7 18
Page #3- Assessment f0k GICKERY BLVD. Contiru8d.
RATE PER TOTAL
N A H E LOT ELK. 1ISIDLI.ON FYTG, FNT FT. COST
P.L.Hoop er 8,9 & 10 16 GLENWOOD 1501-$5.6a716-$ 844.07
Jno.F. Carter- 1,2,& 3 17 " 146t- " - 821.57
Ure.H.C.Norvell
& husband HiC.
Norvell - 4 17 d 501- " - 381.36
Thos.L. Gibson - 5 & 6 17 to loot- " - 562.72
J.R. Jackson - 7 17 "' 70t- It - 3yu190
J.W. Woodland-8.501 12 15 " 95t- " - 534,.58
urs.M.E.Hairis &
heirs of J,W.Harris 1 15 " 397t- it - 2,233.98
Board of Trustees of
Independent School.
District of Fort
Worth - - - - - - - 15 15 " 2051- " - 1,153.57
Board of Trustees of
Independent School
District of Fort
Worth ---- - - - - - 14 15 " 1351- " - 759.67
Board of Trustees of
Independent School
District of Fort
Worth - - - - - - - 16 15 &
all of Block 29 " 1731- n - 973.50
D. B. Beverly 5 29 tt 651- " - 365.77
D.B.Beverly 4 39 " 60t- " - 337.63
0.u.Cates-50 x 2001 Blk. 14 King & Hen-
dricks Sub.
Jae.Sanderson
Survey - - - - 501- " - 281.36
B.F.Wheeler - 50 x soot of 381.36
Block -- 14 " " " n 601- "'
R. S. Purvis-66-2/3 a 1861 " n K " t " 1
-Block ---14 186 - 046.65,
Page #4 (Pavg. Aaaeeament Vickery Blvd. oontinued)
RATE PER TOTAL
N M E LOT BLX. ADDITION FNTGe FNT. FT. OOST
fig&asn
A. Tood- 50 X 1471 ft, of---- 18 driolm Sub : �83G.C`1
Jae. Sanderson
Survey 147 1 06.6271.6
J.E. Mitoh81.1•-50 R 1d711 of-- 16 It147 1 n 6;i0.01
F,& T.O. RE.Oo " Lot. 1' 32 Maourdyie 50_ It 281.36
H.& T.O. ly. Oo.- a 33 " 5G1 n PS1.36
H.& T.C. Ry. Ob.- 3 30 ° 601 " 381.36
A.D. Ro&4�- 4 32 " 501 ° 281.36
K.S. Brooks- All of 6 &
W. 5 ft. of 6 33 " 551 Q 309.48
J.O. Pryror- E. 551, of 6 32 ° 1 ° 305.48
Macey Bell Bou- wife of 1 31 'U.J.Boaz Re--
W.J. Boaz; vision of King
& Hendrioko Sub
Deoad. James Sanderson
survey-------1.301 731.•g3
Mazy Boll Boaz n n° N SO al a n 1501 n "4107
Mary Bell Boaz n n n 1 30 n n 1501 " 844,07
1[ary Pell Boaz n n n 30 30 " u 1501 n a".07 "
Mary Boll Boat " " n 1 3a n u 0161 " 1209.84
TOTAL COST TO PROPERTY OWNERS----------------- ,796.aO
TOTAL COST TO CITY OF FORT WORTH-------------- 12,000.00
TOTAL COST TO NORTHERN TEXAS TRACTION
COMPANY---------------- ------ 48001
$5.8a0M.�2,8�. 569,70
GRAND TOTAL--------;'
— — - — —$4-083aa
/ _
�b - - - - - - -so
cutter - - - - - -a
laoavation - - - . wo
date - - - - - -i8.Q871B.per t$t. #;.
• 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:
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 sjoll 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 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-
cate5against 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 (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
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 herby designated as the........qkq$ ry_.Aonleve.rd................................
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 evidencing the several
installments of principal and interest thereof, which coupons shall be executed and attested by the
Mayor-and--City-Secretary as are-said--certificates under the terms hereof, but the a4matures 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.
�G
AA
FORM No. 14•A.
(5) That the cost of said improvement in accordance with the terms of the said contract, between
the rails and tracks and eighteen 18) inches on the outside thereof of the-Ft+Y(Qr .>7 S oy the.,rn._,,,
Fraction Company; the Northern Texas Traction Company, and the Houston &
_TgXas_I2.nI _Railway _ ........Company,tr—=—!: ---R"war8einpswpoeeupying
$38 569.70 and $844.08
the said street, is hereby ascertained and determined to be the sum of._.—__'
Dollars,and to secure the payment of the said sum a special tax in said amount is here-
by levied upon and against the roadbed, rails, ties, franchises, fixtures and property of said street
railway company, as pprescribed'by the Charter of the City, which tax shall be a lien against the said
R .0 No�tl rn Te a Tra; ion Strept Ry.Co.; the Ft.Worth Southern Stret
H. �.0
property o h Ad-_. ..-.. .-.___Sta$ RRompany,superior to all other liens or chums or titles whatever,
except lawful ad valorem taxes, whi tax shall become delinquent if not paid in full within thirty
days after the completion and uccep4W of said improvement by the City, and if the tax shall not
then be paid the same shall be enforced either by sale in the said premises in the manner as near as
possible as provided by the sale of property by the City of Fort Worth for ad valorem taxes, or the
same may be enforced in any court having jurisdiction. That said assessment has been determined to
be just, equitable
,and legal, after the hearing to said company herein referred to.
Tra� )0 1iVheTt f the im rov ent between rail and tr�¢ks of the�r.thB rn Te xt�
l�y. moo.; tiet..;orth out�ern treet Ry. Co- and the
Houston & Texas_Central_StG" RY-• —Company, and 18 inches on the outside thereof,said
Company being a__.__.._...._...._...railrotul company, occupying the said streeet,is hereby ascertained and de-
termined tobe the sum of._JZ6,s. (a9,M & t844i08 �AQpoCtiy� Dollars,under
the terms of the said contract,and a special tax of the said amount is hereby levied against 'and upon
the.road bed, ties, rails, franchies, fixetures and property of said Company as prescribed by the City
Charter, which tax shall constitute a first and superior lien upon the said property of the said Com-
pany to all other liens, claims or titles whatever, except lawful ad valorem taxes; that the said tax
shall become delinquent if not paid within thirty days after completion of said improvement and its
i aceptance by the City, and shall be enforced either by sale of the said property in the manner as near
as posisble provided by the City Charter for the sale of property for non-payment of ad valorem city
taxes,or by suit in any court having jurisdiction. That said assessment has been determined to be lust,
equitable and legal after the hearing herein referred to.
(7) That this ordinance shall take effect from and after its passage.
----------------
ORDINANCE
Date
Filed day of f
192
City Secretary