HomeMy WebLinkAboutOrdinance 110 AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON
SOUTH "AIN STREET IN THE CITY OF FORT --RTH, TEXAS,
BETWEEN ITS INTERSECTION WITH THE NORTH LINE OF
RAILROAD _VENUE AND ITS INTERSECTI-i. "'ITH THE SOUTH
LINE OF MAGNOLIA AVENUE, AGAINST THE OWNERS OF
PROPERTY ABUTTING THEREOF AN.: THEIR PROPERTY AND
AGAINST THE NORTHERN TEXAS TRACTI^_a COMPANY, A
CORPORATION, AND ITS PROPERTY, AND PROVIDING FOR
THE COLLECTION OF THE SAID ASSESSMENT ANC THE
ASSIGNABLE CERTIFICATES EVI'-';CTISG THE SAME,
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BF IT -RDAINEZ BY THE BOARD OF COL!:-SSI�:li3.RS OF
THE CITY OF FORT WORTH$ THAT:
WHEREAS, on the, day of , 19-$� ;,!k�,
the Board of Aommissioners of said vi by by resolution
directed the improvement of Ia3 "Main Street between its
Intersection with the North line of Railroad Avenue and
its intersection with the South line of Magnolia avenue,
by raising, filling, grading and paving the same and
installing concrete curbs and gutters thereon; and whereas,
in accordance with said resolution, specifcations for said
work were duly prepared by the said Board; arcs ereas, d"s
for said improvement were duly advertised for as required
by the City Uharter; and whereas said bids were received$
opened and considered by the Board of Commissioners, and the
bid of the 'texas Bitulithic Company, a corporation, for the
improvement of said street was accerted by said Board of
Commissioners; and whereas, the said Company has entered
into a contract with the 01ty of Fort Worth, as provided by
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the Charter, for the improvement of said street within said
limits by raising, grading and filling the same, and by
paving same with Bitulithic Pavement upon a five-inch gravel
concrete base with concrete curbs along curb lines and con-
crete gutters 24 inches wide; and whereas, the said Comrmny
has executed its bonds to the City of Fort Worth for the
maintenance of the said improvement and for the construction
thereof in accordance with said contract and specifications,
with sureties as required by the said City Charter, which
contract and bonds with the sureties thereof have been duly
approved by the said Board of Uommissioners; and, whereas,
thereafter, the City Engineer of said City filed his written
statement with the Board of Commissioners concerning the
said improvement, and the cost thereof as provided by Section
8, Chapter 21V of the Charter of the said City, which state-
ment was considered by the said Board, corrected and approved,
and whereas, thereafter, the said Board did, by resolution
of date the �,&&L_dey of , 1909, find and declare
the necessity of assessin a portion of the cost of said
Improvement against the owners of property abutting thereon,
and their property, and did prescribe a hearing to the said
owners, their agents and attorneys, and fix a date therefor,
and direct the City Secretary of the said City to iasu*
notice of the said hearing by advertisement as prQvid" by
the said City Charter and also by posting said notices as
therein provided, and whereas, in accordance with the said
resolution the said City Secretary did issue a notice of
the said hearing to the said property owners by publication
thereof for the time and in the manner prescribed by the
City Charter in"The Star-Telegram," a daily paper of general
circulation in the City of Fort Worth, for five (5) dapsecutive
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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 postoffice in the City of Fort
Worth, more than ten (10) days prior to the date of the hear-
ing; and, whereas, the said hearing, in accordance with the
said resolution and notice, was held by the Board of 8om-
missioners on the day of J U417
1909, at 10 o'clock
A. M., at which time and place no owners of property appeared
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to contest the said assessment or the benefits of said im-
provement or any other matter or thing connected with the
said improvement or any irregularity with reference thereto
except
and the said persons having been heard and the Board of Som-
missioners having heard evidence as to the said improvement,
and the benefits thereof to the property of each of the
owners named herein and having fully considered the said
evidence;
BE IT, THEREFORE, BURTHER ORDAINED BY THE SAID BOARD
OF COMMISSIONERS AS FOLLOWS, TO-WIT:
FIRST That the benefits to each parcel of property
of each owner hereinafter named, in the enhanced value of
the said property exceed in each case, the amou '.a harein-
after assessed against such owners, and their property.
And the Board having considered the evidence, and it appear-
ing 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 be in particular cases unjust and inequitable,
and not in accordance with benefits received, and that the
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apportionnent of the cost of said imrpovements between property
owners and the assessments hereinafter made, will effect sub-
stantial equality and justice between property owners having
in view . enefits reoeived by and burdens imposed on such
owners.
SECOND: That there 4is and shall be assessed against
each of the owners of property herein below named and
against the several parcels of property of the said owners
herein below described as their proper pro rate part of
the cost of the said improvement the several sums of money
set opposite the names of the said owners and their said
property.
The names of the said owners and description of the
property of each and the total amount in money hereby
assessed arainat each owner and his property being as
follows, to-wit:
s
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Name Description of property, Front Cost per :Total
Bloch No. Lot Iio. Addition feet Front ft cost
it G6rreil 3 1 Daggett tad 42.5 #3.68 #156.26
�. 0arIodk 3 9 " 50 3.68 ' 183.81
P 0 ][alley 3 10 " 25 3.68 91.91
w Jake 9-ottrange 3 8 26, of N
142.61 of
W 921 " 25 3.68 91..91
Dr. WaIker 3 11 " 50 3.68 188.81
Traders Nat Bk. 3 12 " 25 3.68 191:91
F D Southern 3 13 " 25 5.68 91.91
✓R E & J W UODon-
ald, 3 14 " 16 213 3.68 61.27
I A J Roe 3 lb " 33 1/3 3.68 122.54
✓W H Wilson 3 16 " 50 3.68 183.81
VH E sawyer - 31-32 Daggett Hied. 6 2 3.66 227.58
21 " 77.5 3.66 284.20
Anna Boggs -w 23 " 56.5 3.86 1'7030
Otto uo=ig - 13 " 30 3.66 109:77
✓:TPLtharn Eckert - 11 " 54 3.66 197.58
►Iaggie Cassidy K S " 62 5.66 46.66
Minnie Scharf - 26 " 86 3.66 3274.42
Minnie Scharf - 27 " 100 $.64 364.51
Jno.Anderson - 1 ° 95 3.63 344:84
V :d H Philips A 1 Tuckers Sub. 55 3.63 199.65
✓'R H Tucker A 2 " 50 3.63 181.49
R M -UaTlow A 3 " 50 3.63 181.49
W E Huffman A 4 " 50 3.63 181.49
It Granberry B 1 " 60 5.62 1801.91
-r S S Lydon B 2 " 50 3.65 182.35
-ot 14 Lydon ,B 3 " 6o 3.86 193.09
R H Tucker B 4 " 50 4.80 230,01
R H Tucker 33 1 Tuckers Add. 50 3.59 179.76
VR M U&Tlow 83 2 " 50 3.59 179.76
?yore C B Read 33 3 " 100 3.59 358_94
52 a " 101 3.58 361.94
G Harris 52 8 X 0f
W 1/1 " 1q0 3.68 358.36
Ire C A Wilson 31 31 • 50 3.63 181,79
Earl Bros. 51 2 " 50 3.64 182.08
W i Doherty 31 3 " 50 3.64 182.06
" J Doherty 31 4 " 50 3.64 182.08
v)damie Greenwal 30. 1 " 100 3.64 364.15
U W fteenwall 30 S " 102 3.65 372.04
✓J L Sealey 29 " 50 3.67 18r3.53
7Sinnie Scharf 29 " W 3.36 167.76
vurs P E DuBose 29 3 " 50 2.68 134.02
M B Harris 29 4 " 65 2.57 166.82
4 ✓gary U Bowman 29 5 52 2.71 141.07
1Sike Mansfield 29 6 " 60 3.41 170.58
h
Sam A Mulkey B N 1/2 of
lot 5 Rosedale 50 3.63 181.60
0 R Fields B S 1/2 of
lot 5 ' S0 3.66 182..96
J M Nutta B 6 s so 3.699 184.68
Mrs V A Merrell H 7 " b0 3.70 184.98
A Simon B N 1/2 of
lot 8
b0 3.67 i83.a3
Ms Shelley B Sl/2 of •
lot a " 50 3.65 182.311
Jule Emberson B 9 ' 60 3.68 184.11
0 W Gossett B 10 • 50 3.75 187.29
A A Sullivan F b " 50 3.58 178.a9
""°'ktiss U E Nichol F 6 ' S0 3.56 178.02
Miss M E Nichol F 7 * 50 3.63 176.57
Otto Mbnnig F 8 • 50 3.51 175.70
'- ,Otto Monnig Est F 9 • 100 S." 343.86
r T M BBrnes F 1Q • 100 3.44 545.86
]tax T Mayer J N l a of
* i/2 " 200 3.42 884.24
ltax T Mayer J N 50, of S
2008 of 1t 100 f" 50 3.66 176.02
f-H E Gutter J N 504 of 8
1501 H 1001 • 50 3.67 178.89
✓ake Sulberry J 8 1001 of
T 1/2 " 100 3.59 369.62
J T Graver N 5 " 100 3.66 365.32
PIC 0 Armstrong N 7 ' 105 3.74 393.32
Judge Mailer N 6 • 100 3.69 369.09
�-T U Henderson N 8 " 96 4.27 405.50
- - - - M 9 • 58.6 3.86 226.98
vZ QUokensteadt M 6 " 50.8 3.83 194•.71
f
.. - - - M 8 " b0 3.70 184.98 P J O'Connell M " 50 3.66 182.96
WAG Eoudment M 3 * 50 3.72 186.14
Samtl OalcutteraK 2 ' S0 3.68 183.82
Samil CalcuttereM B ' 50 3.89 181.60
✓ Bd Levy I 8 s 60 3.59 179.76
Ed Levy I 7 ' 60 5.59 119.76
/J Q Hamilton I 6 " 50 4.57 178.89
� D Backus 1 b # 60 6.66 1'1lS=.09
�11 R H Iey I 4 • 60 5.47 173«38
✓:o. * Valkay /,I 3 " 50 5.38 1 .05
6. potter I Z R 60 3.41 170.48
moo. ott% I 1 " 50 5.43 171.56
t +T Boaz E a " 50 3.43 171 R 84
1 J Boas E 7 • 60 $.44 172.23
8 F Wheow E 6 " so 3.48 173.06
B F Mhesum Z 5 " 80 3.46 179.80
Jno. Donahue 2 4 50 3.51 1?$.70
Jno. Donahue E i " SO A.53 178.-D?
Pauline R.intlema 8 8 " bA 3.bS
Pauline, Rintlet= E 1 ' 6o 3.58 118.89
Gerry Reagan A 8 Rosedale b0 3.75 187.29
Jerry Reagan A 7 " 60 3.68 184.11
Linsie Spencer A 6 " b0 3.68 ,.37
Lizzie Spencer A f " 50 3,67 183.55
GJ D Hollingsworth A 4 M 50 3.70 184.98
'�,A C Ewell A 3 " 50 3.69 184.68
Mrs H L Miller A a " 60 3.66 182.95
Mrs H L Miller A 1 " 50 6.63 181.60
D L Erwin and 8 1651
J W Ripy 28 E 1901 166 2.87 473.08
Mre King. 28 S 60, of
N 1501 E
100,
VH C Bowles 28 1 " 109 3.50 $56.81
A C Darling 21 8 " 98 3,65 350.15
Sarah A 0 Darling 21 4 " 106 3.64 386,01
Tex. Brewing Co20 16 " 50 3.64 182.08
X L MclTaw 20 15 " 50 3.64 182.08
H L MaNew 20 4 " 100 3.64 365.81
Juno Bardon 13 S 1/2 of
E 1/4 " 101 3.58 061,94
V T Boaz 15 14 " 50 3.58 179.18
✓0 H Plumb 13 13 " 50 3.58 179,16
VI'elix Gaither 12 S 1/2 of
E 1/4 " 100 3.59 358.94
Mrs T I Kincaid12 S 50' of
N 1009 of
E 114 " by 3.59 179.76
VA A Locke 12 11 � . 50 3.59 179.76
N M Igdon 5 8 dprinkle Sub, 60 4.52 271.41
N M Lydon 5 7 " 50 3.78 188.74
9 M Lydon 5 5 50 3.65 18,?.55
4aarr,y Dawson 5 6 " 60 3.62 180-'91
►,d W Gerrell 4 " 50 3.63 181.49
441lubbar4 $Goa. 4 3 " 50 3.63 181.49
-*? a..$el ley, 4 2 " 50 5.65 181.4J
Mrs M E 011lentine 4 1 " 55.5 3.63 201.64
M C Hurley 12 Smith J & D 146 5.63 520.97
Pauline Rintlema.n a 4 " 82.1 3,66 $00.41
1.7no. Hubbard 2 3 " 56 3.66 205.01
Mrs M L Pearcy 2 a " 66.4 3.66 206.57
/R B }Say* 2 1 " 57 3.67 208.56
.l s M J Hughes 1 7 " b'l.5 5.66 189.04
T Graham 1 6 " 51.5 3.36 189.04
VG d $anderoon 1 N $1.51 of
0 154.51 " 51.8 3.68 189.64
Mrs $ E Oillentine 1 504 on W aide
running N from
a point 164.6'
N of W Daggett " 50 3.68 183.81
•. •. 1 3 * 101 348 371.32
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 proper!--j
superior to all other liens, claims 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-wits
In full thirty (30) days after the completion of the
said improvement in front of the property of each respec-
tive owner and the acceptance thereof by the said eity.
TKIRID: That the said assessment shall bear interest
from the date of the said completion and acceptance at the
rate of Eight Per centum (8%) per annum and that 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 manner as far as appli-
cable, as sales are authorised 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 in any court having jurisdic-
tion.
FOU That if any of the said property owners
against vhiom and whose property the assessment is hereby
made, shall not pay in full when due, the amount so assessed,
than that the City shall issue to the said Texas Bithlithic
Company, the contractor for the seid improvement, assignable
certificates against the owners of said property so failing
to pay such assessments and against their said property,
which said certificates shall declare the said sums to be
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due and payable upon the completion and acceptance of the
said work and shall be payable to the said 'Texas Bitulithic
Company, 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 centum (89)
per annum, and each certificate shall recite 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 such property by number and block or by such
other description as may identify the same with reference to
any other fact reeited and by the name of the owner, and if
the owner is not known, and if the property is owned by an
estate, it will be sufficient to so state the fact. Said
Certificate shall provide that if the amount therein declared
shall not be paid when due, that it shall be collectible with
accrued interest and with court costs and attorneys' fees,if
the same have been incurred and shall recite that the proceed-
ings with reference to such improvement have been made in com-
pliance with the terms of the said Charter of the Oity of Fort
Worth, and that all prerequisites to the fixing of the liens
and personal liability evidenced by such certificates have
been performed. Said certificates 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 'fax Collector of the eity, who shall issue his
receipts for payment thereon, which receipt shall be evidence
of such payment on any demand for same further by virtue of
the said certificate or any independent contract to pay the
same, entered into by the owner thereof, and shall provide
that the Tax Collector shall deposit all sums received by him
on said certificates with the Aity gaik"tary and said Oity
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shall keep the same in a separate fund, which fund
is hereby designated as "$outh Fain Strest Special dertificate
No. 1," and that whenever any payment shall be made to the
Tax Collector upon such certificate, it shall be his duty
upon presentation by the said contractor or the holder thereof,
to endorse said payment thereon and that the said contractor
or holder of said certificate shall be entitled to receive
from said City Treasurer the amount so paid upon presenting
of the said eartificate, credited with the amount paid thereon,
and that said endorsement and credit shall be the Treasurer's
warrant for making such payment to said contractor, and that
such payment by the Treasurer shall also be receipted for by
said holder in writing to 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 certificate shall also recite that the dity of Fort North
shall not be liable for the payment thereof or for any interest
thereon, or for the cost of collecting and enforcing the same,
but that the said Company or holder thereof shall have the right
to collect said certificates as therei7A provided by the terms
of the Charter of the City, and that the Aity shall, whenever
demanded by said Company or the holder of said certificate,
fully exercise its charter power to enforce the lien securing
said certificate and collect the same, but shall not be liable
in any manner for failure to so collect any certificate or to
enforce the lien thereof.
FIFTH: That the said Board, having ascertained the
cost of constructing improvements upon said street named to
be improved between the rails and tracks and 18 inches on
the outside thereof of the Northern 'texas Traction Vompany,
a corporation operating a street railway over a portion of
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the said street, to be the sumfU
Dollars (, .ln(.a� ), the said Board does hereby levy a L
special tax against the said Northern 'texas Fraction Company,
a corporation, and against the road-bed, ties, rails, fixtures,
rights and franchises of said Company, of said amount and dues
hereby declare the said sum to be secured by a lien upon the
said road-beds ties, rails, fixtures, rights and franchises
of said railway company from the date hereof, prior and
superior to all ineumbrances thereon except lawful taxes;
that said taxes hereby assessed shall become due upon the
completion of the said improvement by the said Texas Bitulithic
Company and its acceptance by the 9ity of Fort Worth, klid if
not paid when 41x6, shall immediately become delinquent and shall
be enforced as in the case of the collection of taxes under the
dharter of the dity of Tort Worth by advertisement and sale
of the said property rights and franchises herein levied on.
That the officer making such sale shall execute to the purchaser
a deed similar to the one issued when property is sold for
ad valorem taxes by the City of Fort forth, and the recital
of the said deed that all legal prerequisites to the validity
of said sale have been complied with, shall be prima facie
evidence to the truth thereof and so accepted without further
proof or said taxes and lien may be enforced by the said Texas
Bitulithic Oompany or its assigns by suit in any court having
jurisdiction.
SIXTH: That this ordinance shall take effect from and
after its passage.
I hereby cent 1f,,, that the above and foregatnZ Ordinance
was dliLY presented and unanimously ,
passed ., , the Bard of
romnissioners of the MIMr of Vora. Wor7, , at a session of said
Board hold August the 4th,1909.
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r:ity Secretary.