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HomeMy WebLinkAboutOrdinance 824 1/4 FORM No. 14. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON..:.... IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE REST LINE OF.-_......0 OURY...WMLS)E _, AND ITS INTERSECTION WITH THE.._..UT.......... LINE OF...._!.*�k_a A!.tR,_RIGAT-07-SPAY..._., 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..r WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of iagie Street__..._._....................-..between its intersection with the..._......!t t._.........line of.._Ucker.Sr...--_- ... 0VI&Y. 'd.........with its intersection with the......_A141_.-_line of._Ia*.._G*R.R.fl.right--of-angy raising, filling,grading, and paving the same; and, - WHEREAS,In accordance with s4id 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,&Ad the bid of_._.__.-Genez*2 Cons traction Company _T _ ,for the improvement of the said portion of said Street,was accepted by said Board of Commissioners; and, WHEREAS, The said....._.___General.,donstruoti°n Qompany has entered into a contract with the City of Fort Worth,as provided by th6 Charter,for the improvement of said street, within the said limits by raising,grading,and filling the same and by paving the same .........A91�halt....._-......._.........................................pavement with ......._f..ineh...concrete.............................foundation; and, WEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc- tion and mainteannce 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 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 is the man- ner prescribed by the City Charter, in..-.-.-......for+Worth_.Star-Tole$_ram....._..-............._............................._ _..---- 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 192.2....., at.._zJA&.._o'clock._.........-A*.-.....M., at which time and place. .� 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 wholerpntage improved,would operate unjustly in particu- lar cases and that the apportionment and amessinebt 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 prop- erty of each,and the total amount in money hereby assessed against each one, and his property, being as follows,to-wit: RATE FRONT FRONT TOTAL N A M E LOT BLK, ADDITION FEET FOOT COST W. M. Glidewell, 7 24J Glenwood 50 $4.38619 $ 219.31 M. C. Smith, E. i of 8 2&j " 25 " 109.65 Bill McKown, 9 & W.1 of 6 24J " 75 " 328.96 Mary Bell Boaz, 10 24* " 50 " 219.31 Mary Bell Boaz, 11 & 12 8* " 100 " 438,62 International & Great ) Northern Railroad ) 8 40 Union Depot 50 " 219.31 International & Great Northern Railroad 7 41 " " 50 " 219.31 Heirs of J.C.White (Mrs M.C.White & Eugenia White), V, 1 1 Glenwood 50 " 219.31 S. L. Hardin, 2 1 " 50 " 219.31 Frank M. Fogg & wife, - Lena Fogg, 3 1, " 50 " 219.31 J. W. Spenoer, 4 1 " 60 " 263.17 Abraham Felber, 5 1 " 53.5 " 234.66 TOTAL COST TO PROP'?,RTY OWNERS, - - - - - - $ 2910.23 TOTAL COST TO CITY OF FORT 'NORTH, - - - - 145.00 TOTAL COST TO NORTHERN TEXAS TRACTION CO., 2069.20 GRAND TOTAL, - - - - - $ 5124.43 '4 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 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, 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 1=101n 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 (817,,) 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 miay 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_.._..J=JS_. T.........._...,___.._,._..•_ CERTIFICATE FUND No......X......... and that whenever any payment may he 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 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 hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimiles 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. i 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. 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......._Aorthl =Texas — _ TraoUtin Company,a.__atr"_._Railway Company, occupying the said street, is hereby ascertained and determined to be the sum ofo Thonsap�_Silty Nine._r 20/10� 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 prescribed by the Charter of the City, which tax shall be a lien against the said property of the said.....5tr_Q&t_....Railway Company,superior to all other liens or claims or titles whatever, except lawful ad valorem taxes, which tax shall become delinquent if not paid in full within thirty days after the completion and acceptance 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. -..•.•,. _- ._ _..._ Company,and 18 inches on th�ou of, said Company being a__.__.._...:'-__._railroad company,occupying the said streeet,is hereand de- termined to be the sum of..._....... .............._------.........._._......................................_...................__ ......) Dollars,under the terms of the said contract,and a special tax of the said a is hereby levied against and upon the road bed, ties, rails, franchies, fixetures and pro of said Company as prescribed by the City Charter, which tax shall constitute a first superior lien upon the said property of the said Com- pany to all other liens, claims or tit whatever, except lawful ad valorem taxes; that the said tax shall become delinquent if aid within thirty days after completion of said improvement and its aceptance by the City d shall be enforced either by sale of the said property in the manner as near as posisble pro ' by the City Chr r for the sale of property for non-payment of ad valorem city taxes, suit in any court having sdiction. That said assessment has been determined to be just, (7) That this ordinance shall take effect from and after its passage. ORDINANCE No, Titles ate iled i day -y -® - 192 City Secretary