HomeMy WebLinkAboutOrdinance 427 0 R D I N A N 0 E N 0.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROMENT OF
CARSON AVENUE FROM THE BAST PROPERTY LINE OF
FIFTH AVENUE TO THE WEST PROPERTY LIRE OF COLLEGE
AVENUE, AGAINST THE OWF:RS OF PROPERTY ABUTTING
THEREON AND THEIR PROPERTY.
B$ IT ORDAIM BY THE BOARD OF 00MLISSIONERS OF THE CITY OF FORT IMM, TIHATt
WOREAS, an the lath day of April, 1914, the Board of Commissioners of said City
directed the d�rovement of Carson Avenue from the east line of Fifth Avenue to the
west line of College Avenue. by raising, klling, grading and paving the same, and
WHO=, in aooardsime with said resolution. specifications for said work were
duly prepared by the City Bnginseu, and adopted by the said Board of Camasissioners, and
WfISRSAB, bids for the said improvement were duly 9RWertised for, as required by
the City Charter, and
t9f3E1LEAS, said bids were received@ opened and considered by the Board of Cosm-
issioners, and the bid of the General Construction Company a oerporation, for the im,.
prcvesent of the said Carson Avenge, was adapted by the said Board of Commissioners, and
WHERBAS, the said General Construction OompwW has entered into contract with
the City of Fort R`arth, as provided 'by the Charter, for the improvement of the said
street within the said 1i ts, by r sing, grading and filling, and by pat�iug the
sass ;hi Yibrolithic Pavement, and
WMREAS, the said Compat�r has executed its bonds to the City of Fort Worth for
the construction thereof, in accordance with the said contract and specifications with
such suret as is the said Cityy Chaster, which contract and bonds, with
the surety thereof,, Save been duly approved by the said Board of Commissioners, and
MMIMAS, thereafter the City -,ngincer of said City filed his written statement
with the Board of c=issioners concerning the said improwomentes and the cost thereof
as provided by Section S, Chapter 14 of the said City Charter, which statement was
oonsidored by the said Board, corrected and approved, and
WHEREAS, thereafter the said Board did by resolution of date, the 21st day of
July, 1914, find and declare the ne(wesity of assessing a portion of the cost of said
1. ovemonts against the owners of property abutting t ere , and their propertty, and
dif prescribe a hearing of the said owners, their attorney s and agents, and fixed a
date therefor and did direct the Secretary of said City to issue notice of the said
hearing by odrertisoment, as provided by the said City Charter, and also by posting
said notices as provided therein, and
SAS, in accordance with said resolution, the said City; Secretary did issue a
notice of the said hearing to the said property owners by publioation thereof, for the
time and in the manner prescribed by the City Charter is the Fort, Worth Record, a daily
paper of general circulation in the City of Fort WMU, for five (6) consecutive days
prior to 'the said hear-ag slid did also natify the said owners of the said hearin& by
�tsti a eto�r of the saiA notice to each of hen at the Post Office in the City of
e rirt orth, 'texas, more than ten (10) days prior to the date of the hearing, and
MREA6, the said hearig, in accordance with the said resolution and notioe, was
held by the Board of Cam dasianers on the 4th day of August, 1914, at 9 o'clock, a.m.
at which time and place the following ownere of property appeared to protest the said
assessment, and the benefits of said improvement connected with the improvement of
the said CARSON AYEM t
NOW, THEREFOR' BE IT FURTHER ORDAINED BY THE BOARD OF COWaSSIORERS. AS
TOLLOVS, TO-WIT i
1.
That the benefits to each parcel of Mperty of each owner hereinafter nosed, in
the enhanced value of said pewperty exceed in each case the amounts hereinafter ass-
essed against such owners and their property. And the said Board gorvin considered
the evidence and it appearing therefrom than the strict application of the front foot
rule or p1ao, whereby each owner is to be assessed in proportion as the frontage of his
prroperty is o the whale fran6a�ge isgpraved, weatd oraera+,$ rmjuetly in ttffor, and
tthatt the apportionment and assessmeexrt hereinafter made will effect substantial equality
and justice between property owners, having in view the 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 owner of ppaartyy hereinbelow
named and against the several parcels of rty of the said owners her=slow
desor�bad, as their proper pro-rate part of the cost of the said improvements, the
several sums of money set opposite the names of the said owners and their propert .
The names of the said owners, and description of the property of each, and the total
amount in money heraby assessed against each one, and his property, being as follows,
to wits
RATE
N A M R L 0 T BLOOK ADDITION FNTG. SQ. YDS. 0 0 S T PKT*FT,
Ike T. Mayfield 1 to 7 inol. 0 Lam Place 350 581,389 1069.76 83.0565
A. A. Hurt 5e 6 & 7 3 ' " 150 2490167 458*47 '
B* Larkin 4 3 • ° 50 83.056 132*82 '
Be A. Kurt 3 3 • " 50 83.086 152.82 "
laura P. Talbott 1 & 2 3 " ° 100 168.111 305068 !
B* R. 1waniel 6 & 7 B • ' 100 164.444 302,5£3 3.0268
A* S* 0epolwA 5 B ' " 50 82.222 151.29 '
N&Wrotabor6er 4 B ° ° 50 82,222 151029 "
W. E. Bemsell 3 H ° ° 50 82.222 151*29 '
W. 0. Prescott 2 B • ' S0 82.22E 151.29 '
Mrs* Sue H. Smith 1 B ° ' S0 82,222 151.29 '
2. Re McDaniel 7 2 ° ' S0 82.222 151*29 '
Be 0. Wood 6 2 50 82.222 151.29 '
B. R. McDaniel 5 2 ' ' 50 82*2E2 151.29 ■
8* 0, Wood 4 2 ° ° b0 82,222 161.29 '
N A. to Want & Co* 3 2 " ' 60 82*2E2 181.29 °
W. R* Stor971 W.50..Tt. 1 & 2 2 ' ' 100 164.444 302*58 •
Mrs* Sue $. :,nith 7 A ' ' 60 82,500 151.80 3.0360
0. Do Jackson 6 A ■ " 50 82.500 151.80 '
R. J. lhomeou 6 A IN " 50 82.600 151*80 '
0. L. Poaler 4 A ' ' 60 82*600 151.80 '
Mary F. Hunt 3 A ' ■ 50 82,800 131.80 '
S. L. Anderson 1 & 2 A ' ■ 100 165.000 303.60 "
Laura V. 'Talbott 6 & 7 1 ° ' 100 165.000 303.60 "
John A.Riohardson, go%
Lousue Moms
Laura Y,* Talbott 4 & 5 1 ° ' 100 165*000 303.60 ■
0. Yon Oarlowits
Mary F. Hunt
R. T. Rickard 3 1 ' ' 60 82.500 151.80 '
J. L. Rose H.bO-!t* 1 & 2 1 ' ■ 100 165.000 303,660 '
TOTAL FOR PROPERTY OWNERS. - - - - - - - 3468*887 $ 6382478
TOTAL FOR CITY OF FORT MORTHe - - - - - 25� 10 300 2.39
GpMDY" ?At, - - - - - - - -Me1" 68",-17
That the amount set opposite the name of each owner above, and his property is
hereby assessed against the said grope , and declared to be the personal liability
of the owner thereof, and assured Man upon the said property superior to all
other liens, claim or titles, except lawful taxed that the amounts payable by Bash
owner, and assessed against his or her property. above. shall be payable as Folllows,
to-witt
In full within third days after the casnpletion of the said improvement in front
of the property of each respective owner and acceptance thereof by the City.
3.
That the assessment shall beer �ntereet from the date of the said completion
and acceptance at the rate of eight (e cent per annum, and if not paid when due,
the said assessentn and claim of personal liability shall be enforced, either by the
solo of such property by the officer, and in the farmer as far as applicable, as sales
are authorised to be made for nonpayment of City Taxes, as prescribed by the City.
Charter and general laws or bro s"t to enforce the said claim of personal 11ability,
or lien in any court tnav�ng ji rli adiotion.
*•
That if any of the said propertv owners, against whom or whose property the ass-
essment is hereby made, shall not pay 3n full when due the amount so assessed, then
that the City shall issue to the said General Construohon OsapeM, the contractor for
the said improvement, assignable certificates against the owners of said pproperty se
failing to pay such assessment, and quin:st their said property, which said certifl-
oates shall declare the said sums to be duce and payable upon completion and acceptance
Of the said works and shall be payable to the acid General Construction Company. and
shall stater the amount due from each property owner and herebbyy use a ed against his
property, and the rate of interest thereon, herein fixed at ei ht 785 per centper
by and each certificate shall recite and declare the fact that the same are secured
by a lien against the property of such o�mer, and the personnel liability of such owner,
and shall describe such property by number and block, or by such other description as
may tdont the same with reference to any other fact reo tells and by the name of the
owner and If the owner is not known and if the property-is owned by an estate, it
Will t sufficient to so state the fact.
Said certificates shall provide that if the amount herein declared shall not
be paid when does that it shall be collectible with accrued interest and with court
costa and attorhery s fees if same have been incurred, and shall recite that the prc
osadings with reference to such improvements have been made in compliance with the.
terms of the said contract of the City of !fort Worrth$ and that all pr&r9cfaisites to the
fixing of the liens and personal liability, evidenced by such oerti icatee, have been
performed. Said oertificates shall be executed by the Mayor and attested by the City
Secretary with corporate seal. Said certificates shall provide that the same shall
be payable to the tax Collector of the City, who shall issue his reoei a for psVgment
thereon, which receipts shall be evidence of such payment on any d for same by
virtue of the said certificate, or any independent contract to pay the Same entered in-
to by the owner thereof, 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 COME AVEDM MCIAL MWVFIMT FM 170. 1, and that whenever any aymennt shall
be made to the 'Tax Oolleotors it shall be his duty upon presentation by the said
0ontraotor or other holder thereof, toendorse said payment thereon, and that the said
Contractor or other holder of such certificate shall be entitled to receive from the
said City Treasurer, the amount so paid, upon the presentation of the said certificate,
credited with the amount paid therecas and that said eadoseament and credit shall be
the Treasurers warrant for making such payment to the said contractor, and that such
ptgme by the Treasurer shall also be reesipted for by the said holder in writing to
the said Treaau= or by the surrender of said edrtificate, when the principal there-
of, together with all accrued interest and cost of collection, shall be paid in full.
Said certificates shall also recite that the City of Fort Forth shall not be
liable for the payment thereof or for any interest thereon, 8r for the cost of
collecting or enforcing the same, but that the said Ocupmr, 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 C , or Wider of said certificates, fully exercise Its
Charter powers to enforcethe lien securing said certificates, and collect the same,
but shall not be liable in any manner for failure to so collect or enforce the lien
thereof.
b.
That this ordinance shall take effect from and after its passage.
i
-� A ' 2�
I hereby certify that the abaro and, foregoing ordinance was duly presented
and twani maly passed by the Board of Ocumissioners of the City of Port Worth„ at a
session of said Board, held the 4th day of August. 1914.
City Searstary�
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