HomeMy WebLinkAboutOrdinance 1624 - �4V
AN ORDINANCE RE-ASSESSING A PORTION OF THE COST OF IMPROVEMWT
ON CIAVER LAME IN THE CITY OF FORT WORTH, TEXAS, BETLV IN ITS
INTERSECTION .ITH THE SOUTH LINE OF EL CAEPO AVENUE WEST AIM-
AND IT INTERSECTION WITH THE SOUTH LINE OF BIRCHYAN AVENUE
EAST AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON, AND MIR
PROPERTY AND OWLS OF STREET AND STEAM RAILWAYS AND THEIR
PROPERTY:
BE IT OFMLT14'ED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH TEXAS, THAT:
WHEPJW, heretofore, the City Council of the said City
directed the lMravanent of Clover Lane between its intersection
with the South line of El Campo Avenue West with its intersection
ith the South line of Birohman Avenue East by raising, filling,,
grading, and paving the same; and
lAIEREAS, in accordance with said resolution, specifica-
tions for said work were duly prepared by the City Enginner, and
adopted by the City Council; and
SEAS, bi s for said improvements were drily advertised
for, as required by the City Charter; and
WHEREAS, said bids were received, opened and considered
by the City Council and the bid of Hughes & Zverett, Inc., for
the improvement of the said portion of said street, was accepted
by said City Council; and
WHEREAS, the said Hughes & Everett, Ina. , 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 r#tsing, #Rangy and filling tiie same bond by passing
the same with Mob. Hot Mixed Limestone Rock Asphalt pavement
with 6-inah concrete foundation; and
WHEREAS, the said oontraotor has executed bonds to the City
of Fort Worth, for the construction and maintenance thereof in
accordance with the said contract, and specifications, with surety
as required by the said City Charter, which contract and bonds with
the surety thereof, have been duly approved by the said City
Council; and
WHEREAS, therbafter, the City Engineer of said City filed
his written statement with the City Council concerning the said
improvements, and the cost thereof, as provided by the Charter of
the City, which statement was considered by the City Gouncil, cor-
rected and approved; and
Wes, tber.after, the said City Council did, by reso-
lution fifd and declare the necessity of re-assessing a portion
of the cost of said improvements against the owners of the pro-
perty abutting thereon., and owners of street and steam railvays
thereon, and their projWrty and did -preseribe a heal mg 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 b 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 manner prescribed by the City harter in Dort
Worth Bteard-Telegram, a daily paper of general circulation
in the City of Fort Worth for five consecutive days prior to the
said hearing, and did also notify the said owners of the said hear-
ing by posting a copy of the said notice to each of them at
the post office in the City of Fort worth, Texas, more 4han ten
days prior to tfm date of the bearing; and
NBEREA,S, the said hearing in accordance with the said
resolution and notice was held by the City Council on the 9th
day of October, 1929 at 9:30 o'clock, A. Mi, at which time and
plaos 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 City Council as follows, to-Wit:
1. That the 8pSUal 'G.*A&U&s to each paroel of rebutting
property hereinafter mentioned in the enhanced value of said
property by mesa of said improvements exceed in each case the
amounts hereinafter re-assessed against such property and the
owners thereof, and the said City Council having considered the
evidence and it appearing thereor m that the apportionment and
re-assessment hereinafter made _willeffeot substantial equality
and justice between propirty owners, having in view benefits re-
ceived by and burdens imposed upon such owners, and said appox%-
tionment, is hereby adopted.
2. That there is, and shall be reassessed against
the several parcels of property hereinbsiow described and against
the ownersthereof as their proper pro rate part of the cost of
the said improvements, the several sums of money set opposite
the description of the respective parcels of property. The name
of the said owners, as far as known, and descriptions of the
parcels of property, and the total amount in money hereby Wk-
assessed against each parcel of property and the owner thereof
being as follows- to-wit:
fit`
Pabin4 Assessment for Clover Lane, from the South line of El
Campo Avenue West to the South line of Birebman Avenue Fast
Fort Worth, Texas.
Contract awarded:5-1-29 Prio .
Contractor: Hughes & Everett,Ino. Pavement, per aq yt. $2.00
Pavement: 2" H. M. Limestone Rock Asphalt Curb, per lin ft 35
Gutter, per sq ft 25
For combined curb and 24" Gutter,per linear toot 68
For Earth Excavation, per cubic yard 35
For :?oc: Lxoavation ..r oubio rd IR 60
NAME LOT BIg ADD. FVTG. FNT FT. T )TAL
COST.
Clover Land Co., 40 11 Chamberlin's
a corporation Arl. Ets. let
Add.
125 ft. $3.94481 $468.10
. W. Sneed 1 11 " 125 ft " 468.10
Fred Scharf, record
owne unrecorded
deed Meld by R. T.
Fennell, true owner
wife Josephine
Fennell 40 10 " 125 ft " 468.10
That the amount set opposite the Ossoription of the pro-
perty above is hereby re-assessed against the said property and
declared to be a personal liability of the owner thereof, and
secured by a lien upon the said propwty superior to all other
liexgi claims or titles, eaaept lawful taxes, that the Mouatpay-
able by each owner, and re-assessed against his or her property,
above, shall be payable as follows, to-wit:
In six equal installments, the first installment payable
immediately after this ordinance is passed and the remainder in
+t
five ftual installments thereafter, fprovided 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 re-asses to
when due as herein provided shall at once mature the whole amount
thereof both principal and interest, which shall at once become
collectible without notice.
3. That the said re-assessments shall bear interest from
the Hate of the said completion and "Oeptance at the rate of eight
per cent per antrum, payable annually, and if not paid when due, the
said re-asseaamento-and c+le#m of Per&o=a n "a+w sbal l be en-
forced, eithdr by the sble 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 Char-
ter 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 oartificat* against said property
and the owners thereof, which said oertifloatesshall declare the
sai-: sums to be due and payable 1n installments as herein provided
after completion and acceptance of said woiic, and shall be payable
to the said contractor, and shall state the amount due from each
property owner, and hereby re-assessed against his property, and
the rate of .interest thereon, herein fixed at eight per cent per
annum, payable annually, and each certifio4te shall recite amd
declare the fact that the same is secured by a lien against the
propert. of such owner and personal liability of the owner, and
shall describe such pproperty by number and block, or such other
description as may idantify the same with reference to any other
fact recited, and by the name of the owner, and if the owner is not
known, or ifthe property owned by an estate, it will be suf-
#iatent to so atate LbN +fc■i
Said, oertificates shall provide that if the amount therein
declared or any installment of principal or interest thereof wall
not be paid when due, that the whole amount thereof shall be ool-
leotible with accrued interest and with court costs and reasonable
attorney's fees, if some have been incurred, and shal recite that
proceedings with reference to such iiayrovements have been made in
compliance with the terms thereof and the Charter of the City of
Fort forth and that all prerequisite* to the fixing of the liens
and charge of personal liability; evidenced by such certificates,
have been perftrAid. Said certificates shall be exGautod by the
Mayor and attested by the City Secretary with the sorporate seal.
Said certificates shall provide that the same shall. be payable to
the City Assessor and Collector of the City, who shall issue his
receipt for payment the ,eon, which shall be evidence of such payment,
on any demand for same by virtue of the said certificate, or any
independent eont"!act to pay the same, entered into by the owner
of property therein desoribed, and shall provide that the City As-
sessora� nd Collector sb.all deposit all sums received by him on said
oertificates with the uity Treasurer, and the said City Treasurer
shall keep the same in a separate fund, which fund is hereby iaetg-
nated as the CLOVER I.A M CERTIKQATE FUND NO. and that
whenever any payment may bemade to the City damie►�t`~"�aZ and Collector
upon such certifi.cataj it' shall be his dut.-! on presentation by
the said contractor, or the holder thereof, to endorse said gaymentt
thereon, and the contractor or holder of such certificated shall be
entitled to receive from the City. Treasurer the amount so paid
upon presentation of the said certificate, credited with the amount
pat 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 reoeipted for
by the said holder in writing to the said Treasurer, or by the
surrender of said oertifioate, when the principal thereof together
with accrued interest and cost of collection, shall be g
;ld in That said certificates may be issued, with coupons thereto attached
evidencing the several installments of principal and interest
thereof, which coupons shall be exeeutag and attested by the Mayor
and City Secretary as are said certificates under the termshereof
butbut the signatures of said Mayor and City Secretary
coupons may be facsimile signatures staumpe , engraved or printed
thereon. Upon payment of any installment =videnced by a coupon
such coupon shall be credited by the City asessor and Collector
and surrendered to the City Treasurer as herein provided.
Sua# oertifioates 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 thepein provided b, the
to s- Of the S t �- of turn Ci%y uji lee rt Weed that the said
dity of'Fort !"orth dhe.11, whenever demanded by the said company
or holder of said oertifioates, fully exercise its char*er poker
to enforce the lien securing the said certificate, and oollect
the same but shall not be liable for, in any manner, failure
to so ooileot or enforce the lien thereof.
5. That this ordinance shall take effect Prom and after
its passage.
ORDINANCE
No._/6 !--,,,--
Filed _ day of
City Secretary