HomeMy WebLinkAboutOrdinance 125 :7
AN ORD I N A II C E
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Assessing a portion of the cost of improver.�ent
on Rusk Street, in the City of Fort .:orth, Texas, between
its intersection with the south line of Th7rd Street and
its intersection with the south line of Weatherford Street,
against the owners of property abutting thereon and their
property; on Rusin Street, in the City of Fort Vorth, Texas,
between its inte-section with the south line of 12th Street
and its intersection with the north line of East Front
Wha obmers 6f ttHermon
their property, and against the Citizens' Railway & bight
Com-nany, a dorporation, and its property; on Jonas Street
in the City of Fort Iorth, Texas, between' its intersection
with the south line of 17th Street and its intersection with
the north line of Fast Front Street, against the owners of
prope,rty abutting tiver-on and their property, and providing
for the collection of the said assessment and the assigna-
able certificates evidencing '_he sme .
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BE IT ORDAnM BY THE B0ARD OF C 11133SI0MR OF
THE CITY OP ,FORT 7ORTH; TEAT:
MM32aS, on the 21at day of August, 1909, the
Board of Commissioners of said City by resolution cliroa.oc,
the improvement of Rusk Street between its intersection with
the South line of Third. Street and its intersection with
the South line of Weatherford Street; Rusk 3treet be . ieen
its intersection with the South line of 12th Street ani its
intersection with the North line of ' ast Front Street and
Jones Street, between its intersection with the South line
of 17,*k street and its intersection with the orth dine of
East Front treat, by raising, filling, grading �avtng
the saws ; and whereas, in accordance with said' resolution,
specifications for saki .work were duly" prepared the said
"oar&; and whereas, bids for seta improvement were dull-, ad-
verti*ed 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 the General Supply & Con-
struction Company, a corporation, for the improvement of
said streets was accepted by said Board of Commissioners;
and whereas, the said Company has e)atered into contracts
with the City of Fort Forth, as provided by the Charter,
for the j0provement of said streets within said limits by
raising, grading ana f illirig the same, and by paving same
with vitrified brink pavement upon a five inch gravel con-
crete base; and whereas, the said Company has executed its
bonds to the City of Fort Forth for the maintena.nea of the
said improvements and for the construction thereof in ac-
cordance with said contracts and specifications, with sure-
ties as required by the said City Charter, which contract
and bonds with the sum ties thereof have been clu ly ap-roved
by thb said Board of Commissioners; and, whereas, there-
after, the City Engineer of said City filed his written
statement with the Board of Commissioners conceTnffng the said
improvements, and the cost thereof as provided by Section 8,
Chapter =, of the Charter of the said City, vdiich state-
ment was considered by the said. Board, corrected and approv-
ed, aryl whereas, thereafter, the said Board did, by resolute
tion of date the Mth dayof October, 1909, find and declare
the necessity of assessing a portion of the cost of said im-
provements against the owners of property abutting thereon,
and their property, and did prescribe a hearing to the said
owners, their agents and attorneys, sand fix a date therefor,
arA direct the City Secretary of ;the said CitTr to issue no-
tice of the said hearing by advertisement as provided by the
said City Charter arA 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) 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 no' ice to each of Ilem
at the postoffice in the City of Fort Worth, more than ten (10)
days prior to the date of the hearing; and, whereas, the said
hearing, in accordance with the Aicl resolution and notice,
was held by the Board of Commissioners, on the 2nd day of Rovem-
ber, 1909, at 9 o'clock, .'4. M. , at which time and place no own-,
ers of property appeared to contest the said assessment or the
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benefits of said improvement or any tither matter or thing con-
nected with the said improvement or any irregularity with
reference thgreto .
BE IT, THMMICRE, FU'-RTTMR ORDAI71XD BY THE 3AID
DORAD OF C0=138I0UMS AS FOLLO': S, TO-7IT:
MST: That the benefits to each parcel of prop-
erty of each owner hereinafter named, in this enhanced value
of the said property exceed in each case, the amounts herein-
after assessacl against each owners, and their property. And
the board having cons9dared the evidence, and it appearing
therefrom that the strict appl.ic ati on of the f rant foot rule
or plan wher3by each owner is to be assessed in proportion as
the frontage of his property ,is to the whole frontage improved,
a all, lb.3 in partiamlar oases unjust and inequ i;:8h1 aii uo 4
in accordance vdth benefits received, and that the apportion.
meat of the cost of said improvemants between property m7ners
and the assessments hereinafter made, will effect substantial
equality and Justice between property owners having in view
benefits received by and burdens imposed on sash owners.
SECOM: That there is axd shall be assessed against
each of the ovmers of property herein below named and against
the several parcels of property of the said owners herein be-
low described as their proper pro rats part of the cost of the
saicl improvement the several sums of money set orr osi" the
names of the said mrners and their said property.
The names of the said owners and descriptions of
the property of each and the total amount in money hereby
assessed again t each owner and his property being as follows,
to-wit:
+-r_.s-.,�_ tia�f.. +wr•ti.i.�Ra T�.rt�..r�f����r��r.'1-.�.a4ar.+t i..s ,-
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ow
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Paving Assessment for Rusk Street from Third Street to Weatherford Street.
Name and Dftwrlptton-- Floatage,tgq:yds, Cost. Rate.
G. W. Wilcox,bk 8, It I city ad............. ...100 808,066 11 684.59 6.345
W. F:Walker, bk.8,It.i,now c�,lled 6,city ad... 60 164,593 319.44 6.868
W.H. (Buck) Smith,bk.8,IL 6,now called 6,city 50 164,68E 319.44 6.968
C.A.O'Keefe&Dickinson, bit. 38,It&18.16,city.100 311,288 641.46 8.414
Dr.J.T.Field,bk. 36,It 12,city................. 25 78,308 161.81 6.452
G.T.Reynolds,bk 36.it it.city.....,........... 60 78,625 161.27 6.479
George L Gause,bk.36,Its.9, to,city............ 50 157,944 325.36 6.506
Mrs. S.L,Lorimer,bk. 41.Its. 111, 16. etty......:.110 343,444 707.40 6.431
H. Greenwall, bk.41, It 12. city..................110 342,222 704.99 6.409
Adam Harder, bit. 9,N.100 ft.It,4,city..........100 308,055 636.59 6.345
S.R.Ingrain, bit.9, It.6,S. 10 ft.It 4, citq.......120 871,600 764,26 6.869
Joste T.Bums,bk.26,Its. 1:4, city..............._126, 389,236 $01.93 &414
Mrs, Ann Ru'fa, bk, r4o,Its. 6, 7 city.••••••••• 60 157,666 324.66 8.491
H.B.Herd,bk.40,It.2,noW ceded 6,city........120 374,466 7'1.91 6.431
Mrs.Hattie Bushong,bit.40,It.3 now called 7,city 100 811,111 640.09 6.404
Total for property owners .......................3,840,771, 47,911.99
City, alley in bk. 8....~.� f88.1i
City, First street........... 489,567 1,00g.6t
City, Second street......... 686,463 1,105.11
City,fire hall, bk. 26, It, 1.. 70,393 163.43
j City, Third Street.......... 490,092 990.92
i
Total cost to city............1,876:238 ;8,4b0 98 1,675.383 $8,450.88
Totals . ........................................5,516,008 $11,362.97 +
i+avlep j4o--A�of-Rusk Street from Twelfth Street to !Nt roiilx 3
f NAme and Description— PYontage.Sq.yda. Cost. Rate,
f Mrs. E.J.Daggett, bit.'C4,Its.15, 16,Daggett ad. 50• 131,833 ; 271.58 5.432
C.Yon Carlowits, bit.174; it. 14, Daggett ad...... 25• 66,083 186.13 5.445
R. F, Mllam, bk. C4.It. 13.Daggett ad........... 26• 66,266 136.48 5.459
Fleming& Roberson, bk. C4, It 12, Daggett ad... 25. 66,388 136.76 6.470
H.Salaberg,bk,04,lt 11, Daggett ad.....,.,.... 26 46,438 126.92 6.472
Mrs.S.L.Lorimer,ML C4.Its. 9, 10, Daggett ad.. 60 133,122 274.23 5.484
>r.M. Weaver,hk.C8,Rs 9-16.Daggett ad.. *Zoo 686,222 1,10%n
Y.X.Rowdre, bk. C2,It 16,Daggett ad........., �5 67,168 139.36
I;ou Sue Moore, bk. CO.It 16,Daggett ad........ 25• 67,055 138.13 512S
Mrs.W.E.Huffman,bk,C2,Its.9-14,Daggett ad.150• 400,200 824.41 5.496
N. M. MCCreary, bk. Cl,Its. 17, 18, Daggett ad... 56 146,838 302.48 6.401
W.T.Scott, heirs,bk.CL Its.I0.20,Daggett&L. 50 18;,319 274.67 5,493
Mrs.harry Hyman,bk. Cl,its,yI. 22, Daggett ad. 60 108,288 274.67 5.498
S. R.Ingram,bk. Cl,Its.23-25,Daggett ad....... 76 200,000 412.00 5.493
W.G. Turner, bk. Cl, Its.26-28,Daggett ad...... 76 200,000 412.00 5.493
Jaa McCord Realty Co., bk. C1,It 4,Daggett ad.186 360,�Qo 741.60 6.403
John B. Lanerl, bk. CI, It. WDaggett ad........ 31 96,444 198.67 6.409
,Mrs.Maggie De Beque,bk D4,Its.6-8,Daggett ad. 75. 197,905- 407.68 1k4ft
Colton&Shanblum,bit.D4,Its. 1-9,Daggett ad...125• 382,01.3 683.95 6.471
fI. B. Burr, bk.D8,Its.7,&;5, 6, tt ad.. „e4Q ,_4a3.72 _ -27
^AeliQ PUtanan.bk,D3,Sic S, 6,DaggeiC au.... a . l 4,k444
fi. A. Benton,bk. D8, It 4,)Daggett ad........... 29- 67'"s 188.36 —5357
0r. 0.Lofton, bk.D9,Its. 1-3,Daggett ad........ 7b 202,833. 418.91 5,555
.C. I.Dickinson, bit.D2,Ito. 7.8, Daggett ad...... 50 184,222• 276,50 5.529
.K.B.Herd,bk.D2, Its.6,6,Daggett ad.......... 60 139,777. 275.69 6.611
A tank Matranga,bk.D2, Its.3, 4,Daggett ad..... 50 133,988. 274.78 6.495
Mrs.S. L.Lorimer,bk.DVIts. 1, 2,Daggett ad.. 50 182,244 279.86 6,479
Felix P.Bath, bk. DI, its.1,2,Daggett ad......., 6o 180,833 269.52 6.390
W. T Scott,heirs, bit.DI.Its,3, 4. Daggett ad... 50 133,333 27+4.67 6.4488331
Geo, W Colvin, bk.D1,Its, 6, 6, Daggett ad...... 50 138,333 274.67 8191,E
A.E.Want*Co.,bit.Dl,Its. 7;8,Daggett ad.... 50 128,833 274.67 6.493
Fakes & Co., bit.D1,Its, 11-15,Daggett ad_....125 838,83 696.87 5.492
National Biscuit Co.,bk.Di,Its.16-18,Daggett ad. 75 200,00 412.00 5.493
Sam Davidson, bk.DI,It 19,Daggett ad......... 84 261,332 588.34 6.468
Total for property owners........................6,707,591 $11,942,04
Sq.,Vds,- Cost.
City, Thirteenth street......... 427.0 ; 879.74
City, Fourteenth street......... 424,631 875.49
City. Sixteenth street......,... 213,333 439,47
City,alley In bk:D1............ 80,0Q0 164.80
Total for city................1,146,380 ;2,869.50— 1,145,880 ; 2,259.50 j
Citizens Railway and Light company...............1,068,333 2,180.16
Total . .........................................@,081II84 S16482-70
l n—i ing Assessment of Jones Street from Seventeenth Street to East Front Street.
Name and Description— Frontage.Sq.yds. Cost. Rate.
C.H.Idlley,bk.K2,It 18 or S.%of 18,Daggett ad. 50 100,111 ; 206.23 4.t24
Arnold Guentler, bk.K2,It.17 or N.%12, Daggett. 60 99,833 205.66 4.1131
Mrs. tf.J.White,bit.K2.It Is or S.%12,Daggett. 60 99,277 204.61 4.092
Chas. Gamer,bit.K2,its. 14,16 or It.Daggett ad.179 360,066 721A4 4.0511
Waples-Platter, bk. L3, It. 8,Daggett ad.........105 189,388 390.13 3.715
Total for piperty owners............... .....838,675 ;1,727.67
Sq.yds. Cost Rate.
G.,C.&S.F.lty.
Co., bk. K2, 1t.
19, or N. 'A 13,
Daggett ad. . 56.75 ft 112,938 ; 234.7I 4.136
G.,C.&S.F.Ry.
Co., bk. L2 &
L3,Its 2-3&2; }
Daggett ad. .....311.50 619,192 1,275.64 4.094
733,130 $1,150.25 733.130 $1,510.25
Tn1al ..........................................1,571,806 S3,2S7.92
That tho amount set opposite the name of each
owner above and his property is hemby assessed against the
said pro:erty and declared to be their personal liability of
the owner thereof, and secured by a lien upon the said prop.
erty 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-wit:
In fall within thirty (30) days after the comple-
tion of the said improvement in front of the property of each
respective owner anff the acceptance thereof by the said City..
THIRD: That the said assessment shall bear inter-
est from the date of the s id completion and acceptance at
the rate of Eight Per centum (Wo) per annum and that if not
paid when Ira , the s, id assessment aml claim of personal
liability shall be enforced either by the sale of such prop.
erty by the officer and in the manner as far as applicable,
as sales are authorized to be made for nonpayment of city
taxes, as pre scribed 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.
FOURTH: That if any of the said property owmrs
against :1hom and whose property the assessment is hereby made,
shall not pay in full when due, the amount so assessed, then
that the City shall is ore to the said General Supply and Can.-
struotion Company, the contractor for the said improvement,
assignable certificates a�•Arzt the owners of sa fl property
so failing to pay such asssessments and agairs t their said
property, with said certificates sh&1 declare the said sums
to be clue and payable upon the completion and mcceptance of
the said work and shall be payable to tth:e said General Supply
and Construction Company, and shall state the amount due from
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property owner, and hereby assessed against his pxmporty, and
the rate of interest thereon, herein fixed at Eight Per cen-
timt (8%) per annum, and each certificate shall recite and
dselare the fact that t1a same are secured by a lien a Anst
the property of such owner and the personal liability of
such owner, and shall describe such property by number ame
block or by 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 ovmer is not known,aad if the prpp-
ty is owned by an estate, it will be sufficient to so state
the fact. Said certificate shall laotiide that if the amount
herein declared shall not be p d when due , that it dial l
be collectible with accrued interest and with comet costs
and attorneys' fees, if tbs same have been incurred and
shd l recite that the proceedings with referer&a to such Am.
provement have been made in compliance with the terms of the
said Charter of the City of Fort Worth, and that all prere-
quisites to the f lxlrag 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 Seoretwy with the corporate seal. Said certi-
ficate shall provAe that the same shall be psiyable to the
Tax Collector of the City, tho shall issue his zooeipts for
payment themon, mbich receipt aball be evirlenoe of such pay-
ment on ary demard for same further by virtu of the said
certificate or any independent contract to pay the same, en-
tered into by the owner than of, and shall provide that the
Taz Collector shall deposit all sure received by him on said
-.-oertific tea with the City 3� and said City 1Og
shall k9 ep the came in a separate fund, Ohich ford is hereby
designated as Rusk Street from 3rd to -oatherford Street, Rusk
Street from 12th Street to East Front Street and Jones Street
from 17th Street to East Front Street, Special Certificate Fund
17o . 1, And that whenever any paymnt shall b9 rneo uo the "w7
Collector upon such certificate, it shall bo his duty upon
presentation by the said contractor or the holder thereof,
to erAorae said pq7rant thereon and that the said contractor
or holder of saideartificate shall be entitled to receive
from said City Treasurer the ant so paid upon presenting
of the said certificate, credited with the amount paid there-
on, and that said endorsement ani ozedit shall be the Treas..
urer's warrant for making such payment to said contractor,
and that such payment by the Treasurer shall also be receipt.
�d for u4 said colder in writing to said treasurer or by the
surrender of said certificate when the principal thereof, to-
getbar with accrued interest and cost of collection shill be
paid in full. Such certificate shall also recite that the City
of Fort 'Ur th shall not be liable for the patent thereof or
for arqy interest thereon, or for the cost of collecting and en-
f or c ing the same, but that the said Con, any or holder thereof
shall have the right to collect said certificates as therein
provided by the terms of the Charter of the City, and that the
City shall, whenever demandecl by said ComparAy 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 or
to enforce the lien thereof ,
FIrTH: That the said Board, having ascertained
the cost of constructing improvements upon Rusk Street from 12th
Street to Lust Front Street, named to be improved between the
rails arid tracks and 18 inches on the outside thereof of the
Citizens' RailWV & light C'oiapsmy, a corporation, eperatin-7 a
Street railway over .a portion of said Rusk Street, to be the sum
of Two Thousand One Hundred Eighty and 16/100 Dollars ($2180 .16) ,
the said Board dries hereby levy a special tax against the said
Citizens Railway & Light Company, a corporation, aid against the
road.-bed, ties, rails, fixtures, rights and franchises of said
oippany, of said amount and does hereby dedlare the said sum to
be seoured by a lien upon the said road-bed, ties, rails, fix-
tures, rights and franchieses of said railway company from the
date hereof, prior and saperior to all incumbrarces thereon ex-
c ep t l a•AZ al Ire s; V_a;; said taxes hereby as se s se ti sh all become
due upon the completion of the said, improvement by the said
General Supply & Construction Company and its accepj;ante by the
City of Fort Worth, and if not paid when due, shall immediately
becore delinquent and shall be enforced as in the case of the
collection of taxes under tbs Charter of the City of Fort 'Iorth
by advertisement and sale of the said property rights and fray-
ohises herein levied on. That the officer makirg suoh sale
shall execute to the purchaser a lead similar to the one is-
sued when pror arty is sold for ad valorem totes by the City of
Fort Worth, and the recital of the said deal t1oat all legal
prerequisites to the validity of said sale have been complied
ith, shall be prima facie evidence to the -truth thereof and
so accepted without further proi0f or said taxes and lien may
be enforced by the said General Supply Construction Company
or its assigns by suit in any court having jurisdiction,
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SIXTH; That this crdinance shall take effect from
and after its passage .
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i herby cer if, that, the ahoy- and foregoing ordinance Was d,aly
presented and unanimously passed r,3F the Board of Commissioners of the
City o" Fort Worth at a session o," said Board held Tnesday November 23rd
1909.
City, re, ary.