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HomeMy WebLinkAboutOrdinance 626 _ z FORM No.14 AN ORDINANCE ' RE—ASSESSING A PORTION OF THE COST OF IMPROVEMENT ENUE-Savem THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.U.4S.T.... LINE OF._..S0.U.TH_1U1S............_...................STREET,AND ITS INTERSECTION WITH TH ,,9MT---.--.- LINE OF—SUMMIT..._AV.E.NUE...-.._...-__._.__...XKM=AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND PIA', NAS ^n 9TRENT N-P STEAM D A T BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On,the._.._.....91 ._...._-__......day of_._..)(U,__._.....___.__, 1911..., the Board of Commissioners of the said City directed the improvement of.......DB.ggett,_,_,O<YenWPe.............. between its intersec- tion with of_ �. r'_`St3'etTritl its7interse�tioii with the_6a8t line of.$emit_._Agen4e_._-_41A&, 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 Char- ter; and, WHEREAS, Said s vere received, opened and considered by the Board of Commissioners, and the bid of the Texa itx�it is Company, a corporation, for the improvement of the said portion of said Street, was cee t said Board of Commissioners; and, WHEREA 1 's a Texa Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b the C t , for the improvement of said street, within the said limits by rais- ing, grading, and fil ing th a , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' nl nd, WHEREAS, The ' Company ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in cc d ce with the said contract, and specifications, with surety as required by the said City Cha er vhi contract and bonds with the surety thereof, have been duly approved by the said Board mmission ; and, WHEREAS, Thereafter, he City gi of said City filed his written statement with the Board of Commissioners concerning the sa' i ve ents, and the cost thereof, as provided by Section 8,�— Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, HEREAB,Thereafter the sai �V'g did y solution of date,the...1.�....day of.. 191 find and declare the necessity of as ss' g a portion of the cost of said improvements gainst the wners of the property abutting the on and their property and did prescribe'a hearin the sai o ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se ary 91t said.City to issue notice of the said hearing by advertisement, as provided by the said City er, Aanalso by posting said notices as provided therein; and,WHEREAS, In accordance with the said resolution, Secretary did issue a notice of the said hearing to the said owners by publication then fe time and in the manner prescribed by the City Charter, in._Th-e-_FOTt-.-_V Qr.�.h__.R-e.G...... ........_.._.a dai aper of general circulation in the City of Fort Worth, for five (5) consecutive days pri r to the s ' ring,and did also notify the said owners of the said hearing by posting a copy of the said notice o ear n them, at the post office, in the City of Fort Worth, Texas,more than ten days prior to th a of the hearing; and, WHEREAS, The said hearing in accordance with the s solutio d notice was held obey/the Board of Commissioners on the._,���*z_..day of__.. .. ...... ... 1 __-,at-.-...r?_....o'clock_.. M., at which time and place_. ______ ________. ....._____ ....... ............ ... .............- ... ............................... -_ ' ................................... Hse- .. - ... - ....................................... .. .... ...............- .---............................................................ .. .........................--...........---- ..._................... ^^r• app ^d +- -^� the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: (1) That the benefits to each parcel of abutting property of each owner 4eaeinafter named in the enhanced value of said property exceed in each case the amounts hereinafte assessed against such owners and their property, and the said Board having considered the evidence hand it appgU ing there- from that the strict application of the front foot rule or plan, whereby each owner is to bt,,Issessed in proportion as the frontage of his property is to typ,whole frontage improved, would operate unjustly in particular cases and that the apportionment and, ssessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens im- posed upon such owners, and said apportionment is hereby adopted. (2) That there is,and shall beralsessed against each of the owners of abutting property hereinbelow 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 jV�nne of the said owners,and descriptions of the property of each, and the total amount in money hereb�i'ssessed against each one, and his property, being as follows, to-wit: r PAVING REASSESSMENT FOR DAGGETT AVENUE. Rate Name LQt_ B1Qck Addition rtAgr Pq,.Xde Cost Per Ft Mrs. Julia A.Thornton,E.100' of N.J of 1 23 Jennings South 100 95.000 $198.30 $3. 9833 B.L.Waggoman and Wm.Capps 5 and W.J of 6 17 Jennings South 300 224.000 $467.60 $1. 5587 Margaret M.Roohe 4,5 and 6 5 Smith,Jones & Daggett 158 298.444 $623.00 $ 3.9431 Foww No.14 CONTINUED That the amount set opposite the name of each owner above, and his property is herebf 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, anid assessed against his or her property, above, shall be payable as follows, to-wit: Within thirty days after the pasage of this ordinance. and its aeeeeptanee by the City, one withifi one year-, &Rd one within twe yeafs fr-efn said dato oi.se or interest upon said assessments whon due as herzoin provided shall, at the Option eg said. Texag Bituhthie Getni5ftny ei- ether- legal owner &Rd holder. of said Assaggments, at enee mature the whole in three equal instalmefits, QR@ payable witbin 30 days %Uar the date Q&Gomplation Qf said work (3) That the saia�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 sail.Isssessment 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 applicable,as sales are authorized,to be made for non-payment of City Taxes as preserjbed 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 Texas Bitulithic Company, the contractor for the said imprpvement, assignable certificates against the owners of said property, and against their said prop- erty,which said certifiSO—es,,shall declare the said sums to be due and payable ThXXX&M M as herein provided after comp io a d acceptance of said work,and shall be payable to the said Texas Bitulithic Company, and s it t e amount due from each property owner, and herebZNssessed against his m k, property, and t e Talmo interest thereon, herein fixed at eight per cent (87o) per annum,and each cer- tificate shall reci an declare act that the same is secured by alien against the property of such owner, and personal liabili o e owner, and shall describe such property by number and block, or such other description y iden ' the same with reference to any other fact recited, and by the name of the owner an he owner 's of known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall p i hat if th mount therein declared o7� 3X�tte[nt�of[]tntDcDa�aU- tex&�c1rArW(shall not be pa when du h the whole amount thereof shall be collectible with accrued interest, and with court costs, and r so torney's fees, if same have been incurred, and shall recite the proceedings with ref n e h' provements have been made in compliance with the terms thereof and the charter of the Ci 9 Wort and that all pre-requisites to the fixing of the liens and personal liability, evidenced by c cerE ca s, have been.performed. Said certificates shall be executed by the Mayor and attested by the it ecretary with the corporate seal. Said certificates shall provide that the same shall be payable to e ax Collect of the City, who shalllissue his receipts for payment thereon, which receipts shall be i nce He u payment, on any demand for same by virtue of the said certificate, or any independent contrast pay he same, entered into by the owner of property therein described, and shall provide a he Tax o ector shall deposit all sums received by him on said certificates with the City Treasurer and th sa' ity Treasurer shall keep the same in a separate fund, which fund is hereby designated as a ............ CERTIFICATE FUND No.._..._......., and that whenev y paymeay be made to the Tax Collector upon such certificate, it shall be his duty on presentation t id contractor, or the holder thereof, to endorse said payment thereon, and the con ac of r older of such certificate, shall be entitled to receive from the City Treasurer the a o aid upon presentation of the said certificate, credited with the amount paid thereon; and a aid en rs ment and credits shall be the Treasurer's warrant for making such payment to the aid co a r, and that such a payment by the Treasurer shall also be receipted for by the said holder ' w ing to a said Treasurer,or by the surrender of said certificate, when the principal thereof, tog e er wit c e interest and cost of collection,shall be paid in full. That said eertifleates may b attested by the Mayor and City Seeretary as ar-a gaild _@__r_tWa2 Qs I] tQrmg h,&� but the Sig P94-Arehi of said. Mayor and City Secretary attachad to maid eeupotis may be �aesimile signatures eaupen shall be er-edited by the Gity Tax Gelleetor. and to the City Tr-easut:er as hor-Ain provided 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. G7L m-p r 'r+ 1, Ji r I hereby certify that the above and foregoing Ordinance was duly presented, and unanimously passed and adopted by the Board of Commissioners of the City 6f Fort Worth, Texas, at a regular session of said Board held Tuesday May 28th,A.D. 1918.