HomeMy WebLinkAboutOrdinance 916 FORM ZjW14,IF
AN ORDINANCE 1I b
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON......19ARM AT. ..._..._...___......,
IN THE CITY OF FORT WORTH,TEXAS, BETWEEN ITS INTERSECTION WITH THE...._SW1'11.
LINE OF VEST FIlrfA STREET __, AND ITS INTERSECTION WITH THE._NORTx...._.
LINE OF NOM PTRW _........._........_............. 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
)!lereaoo reef ...................between its intersection with the..__s !!_.__.._line of......._pest--_Math
_-Art.**..............._..with its intersection with the....M�h........line of...__..__�!..£-A..ftrost....._._. ._., 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........_h!t.__TqAae._COueOrgotioa-_C-aspas ....._..........._................. for the improvement of the said portion of
said Street, was accepted by said Board of Commissioners; and,
WHEREAS, The said....._.._"Ot_._TOMB Construetieb C�AM.7..........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.
_Warronito...Bitulithio.......................pavement with-...-_.__....genorete - - _.._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, 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
owns of-sheet 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 ma
ner prescribed by the City Charter, in..........-....... ..-----_-------____..............___
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 OAL the......_1 ....... day if----------1187.............. 192_T,�pat___...._.
..........a hich time and place_ N ....C&/4
_..'•�: ..
.----------------.._...._.........._...
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 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 t
and justice between property owners,having in view benefits received by and burdens imposed upon such
owners,and said apportionment is hereby adopted. J J
(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:
a
i
Contract Awarded; Peb.13,1983. Price Bid.
Pontraotorr West Texas Construction Co. Pavement,per eq.yd.----43.18 `
tavement:a^ Warrenite 3itul.lth.J.o. Curb, per lin.ft.----- .45
Gutter, per sq.ft.---- .274
For Earth Excavation, per cubic yard .90
For Rook Ezoavation3 per cubic 7mod
Paving Assessment for FLORENCE STREET, from the
South line of West Fifth Street to the North line of North 8t_:
RAZZ PER TOTAL
4, V%H.Greenwood 6 & 6 3 Rector 1151 $8.09457-$9;30.88
30 J.P.Miller-N.501 of 3 & 4 3 ^ 50' " 404.73
W.11.Chamberlain &
Dora B.Chamberlain
S.651 of 4 3 " 653 " 526.15
*X* E.9 Abdill widow N.70'of 1 9 Jennings West 70' 566.62
#2 E.M.Abdill� If
1 9 " " 30t n 242.84
#31 J.W.Mitchell & Maude
K.Mitchell 3 9 If " 82.5' " 667.80
R.A.Burke & May Burke 4 9 ^ n 50' If 404.75
1 H.0.Sohmidt,Jr. ,Otto
W.Schmiat,R.H.Schmidt,
G.C.8ohmidt,L.E.Schmidt,
Edwin Sohmidt,4mma
Schmidt Newberr &
A,C.t3odwia� S.Newberry N. of 5 9 " If 501 " 404,73
Qom- S. of 5 9 If it 501 if 404.73
O.G.Leonaxd(widow) 6 Fprt rOrth Bldg
Company's Sub of
B1k.10,Jennings
West 66' ^ 534.24
36 Uara Peterson.(widow) 5 " 50' If404.7t
12 Bx*jc9&vdtsr A.C. Barber 4 It 501 It 404.74
#14 L.B.Clayton(feme sole) 3 " 50l ^ 404.73
#27 Hyman Krasek & Sivie
Krasek 8 " 501 If 404.7
R.E.Raoe 1 " 66.5t It538.a
#38 N.B.Petta & Bona
Petta,-No. 261 of 3 11 Jennings
West 261 If 210.46
A,;M.Baker-8.641of E.501of 3 11 " 64, ^ 518.09
[3'
F.S.Petta it " 72' " 58a.%
5J'.B.Peaoock - E. A of ' b 11 " 1901 n 1537.97
1 D.T.Evans--N.116-5 3 1 of
T.j of 1 12 It 116-9/3' " 944.37
#44 ling Wilson & M.L. -
Wilson--8.33-1/31 of E.* of 1 18 " 33--1/3' n 269.W
23 D.T.Evans-E. -o3 a la ^ 60' - " 404.73
.5 Joe P.Connelley & W.H.
Norris 3 12 " I6 ' " 1315.37
#5 Ballard Martin Electric
Ice Co. & J.J. allard,
Truetee-8.1 ' of Blk. .. . . . .. . 5 " 163- ' " 1315.37
#42 Cornelia Stan ey(widow)
No. 100t of lot 3 5 " 1001 " 809.46
Grand Lodge of the Order
of the Sona of ?Norman 1 5 ^ 100' " 809.,46
J.W.Draughon 6 6 " 100' " 809.46
#39 Adelia Pope(widow),
Pauline Wileon(feme sole),
Corinne McClain & J.W.
MQQlain 5 6 " 80.b " 489.72
S.T.Bibb a- 6 " 29.5' " a38.79
(33
George D.Kurta 4 6 " 72' " 582.81
J.B.Peacook 3 6 ^ 100' " 809.46
#32 W.H.Moore 5 7 ^ 100' ^ 809.46
#34 J.B.Pea000k 6 7 " toot ^ 809.46
�)k
e.
page P. (FLORENCE STREET,West Fifth St. to North St. ,Continued.)
RATE PER TOTAL
N A a E 7-0T HJK_—A=TTU_.YNT5, TT= FT, mall
#20 Nathan Eckert 7 7 Jennings West 66' #8.09457 ---#834.a4
#18 xleta Ditmar(widowj a 7 n n 50t n -- 404.73
#16 Maude Curtis(widow)
So.40, of lots 10 & 11 8 :r n 401 n __ 323.78
#17 Maude Curtis(widow)
N0.40' of lots 10 & 11 8 " n 40' n -- 323.78
#6 Annie Beavers(feme
sole) 9 8 " R 46.5' " -- 376.40
#3 B.E.Anderson(widow)
Eo.36' of 8 a " " 36' " --- 251.40
#45 M.F.Wortham-N.15' of 8 8 " " 351 " 263.31
#26 F.E.Holt(widow) 7 a n " 35.5' " -_ 287.36
he George R.Caampbell
& Laura Campbell-So.
40, of 6 8 " " 401 " »- 323.78
#10 George R.Campbell &
Laura Campbell N.60'of 5 8 " n 60' " -- 485.67
#25 A.Hemphill & Mary
Sue Hemphill 5 & 6 2 Rector 11 ' " -- 910.64
#43 W.G.Turner 2,3 & 4 2 " 11$ ' - 910.64
TOTAL COST TO PROPERTY 0MI RS ______________
TOTAL COST TO THE CITY OF FORT WORTH- 2,000.00
GRAND TOTAL-------------- --------------- �'�''$"J;$F;tt�-
FORM i7f LMCondnued. tow V&
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 rightl to discharge any installment before maturity
by payment thereof with accrued interest. That default in the payment of any installment of principal
r 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, 8&i4 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 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 and the said City Treasurer shall keep the
same in a separate fund, which fund is hereby designated as the..—... ST ERT
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 endorsembnt 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 are said"certificates under the terms Vereof;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. s
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
No.
Iv
Date
Filed day of
192-
City Secretary