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HomeMy WebLinkAboutOrdinance 727 1 "'4 �r ti Form No. 14 ORDINANCE No, AN ORDINANCE ASSESSING A PORTION OF THE COST OF IM- PROVEMENT ON EAST ENDERLY PLACE, IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE NORTH LINE OF NORTH ENDERLY PLACE AND ITS INTERSECTION WITH THE NORTH LI17E OF PARK PLACE AVENUE, AGAINST THE OWNERS OF PROPERTY ABUTTING THEpEON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAILWAYS AND THEIP. PROPERTY. BE IT ORDAINED BY THE BOARD OF COM1.1ISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, on the 6th day of April, 1920, the Board of Commissioners of the said City directed the improvement of East Enderly Place, between its intersection with the North line of North Enderly Place with its intersection with the North line of Park Place Avenue by raising, filling, grading and paving the sane; and, WHEREAS, In accordance witheaid Resolution, specifications for said work were duly prepared by the City Engineer, and adopted by the Board of Commissioners; and, 1"=EAS, bids for said improvements were duly advertised for, as required br the City Charter; and, WHEREAS, said bide were received, opened and considered by the Board of Commissioners, and the bid of R.C. Armstrong, Jr. for the Improvement of the said portion of said Street, was accepted by said Board of Commissioners; and, WHEREAS, the said R.C. Armstrong, Jr. has entered into a contract with the City of Fort Worth, as provided by the Charter, for the improve- ment of the said street, within the said limits by raising, grading, and filling the same, and by paving the same with Gravel (with Bituminous Surface) six inches in thickness; and, THEREAS, the said R.C. Armstrong, Jr. executed his bond 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 bond with the Surety thereof, have been duly approved by the said Board of Commis- sioners; and, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said �a improvements, and the cost thereof, as provided by Section 8, Chapter 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 of date June 1st-1920, find and declare the necessity of assessing a portion of the cost of said improvements aeRinat 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 attor- neys, and agents, and fixed a date therefor and did direct the said Seoretaky of the said City to issue notice of the said hearing by adver- tisement, as provided by the said City Charter, and also by posting said notices as provided therein; and, WHEREAS, the said hearing in accordance with the said resolution and acceptance of notice was held by the Board of Commissioners on the 15th day of June, 1920, at 9 o'clock A.M. at which time and place no 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 ordained by the said Board of Com- missionere, as follows, to-wits (1) That the benefits to each parcel of abutting property of each owner hereinafter named in the enhanced value of said property exceed in owners each case the amounts hereinafter assessed against such pvepor4y and their ewnevs 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 proportion as the frontage of his property is to the whole frontage improved, would operate unjustly in particular cases and that the apportionment and assessment 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. (a) That there is, and shall be, assessed against each of the openers of abutting property hereinbelow named, and against the several #3 parcels of property of said owners hereinbelow described as their proper prorata 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- desoriptions of the property of each, and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit: 3. r Contract Awaxd PRrcB aID ad: April a7-1920. -----ravozumt- $1.90 Oontxwtbr: R.C. Armatrong, Jr. E=vation .75 Pavomont: Gravol, with Bituminous it (rook) 1.00 Surta'00. Cfomb. Cb.-OuItor 1.:�5 xy 36th--1920 - PAVING ASSESSMiT FOR EAST FNDERLY PLACE, FROM THE NORTH LINE OF NORTH ENDERLY PLACE TO THE NORTH LTIIE OF �PA a PLAOE AvIa . X. A 9 E T BLS ADDITION MTG RATS A; *EO H,G, Saadder 10 3 MTDMLY pfa 76 $6.1109 388.43 17'w, olmob 13 6 it "7 76 ° 388.43 W. P. Holman 13 0 " °' 76 a; 388.43 E.H. Lowo 14 a ° ° 76 " 368.43 E.H. Loco-So, 201 of 1S 9 " ° 36 ° 132,88 R.O. Armatronv Jr,- No. �1r a is a * n 51 " 26G.66 Bon Till= 13 1 ° " 136 a 68�a97 Rov. n.A. Armstrong 10 1 ° " s0 " 102.22 Goo. T'. ltro $8t of---- 10 1 " a 58 " 296.43 Goo. 17. Armatrong 1 9-2 ° " 65 ° .21 Goo. 17. Armstrong 2 E- " ° 60 " 306.65 Goo, W. Arrantrong 3 ° a 60 ° 306.65 Goo. 17. Armstrong 4 E-6 ° ° 80 " 30G.65 Goo. A. Azmtrong 1 V 3�6-3 " ° 60 ° 306.65 Goo. W. Armatrong 3 D-2 " " 60 " 306.65 Goo. Fl. Armstrong $ D-3 ° " 60 ° 306,65 Goo. 'ff. Arraatrong 4 D-4 ° " 1l0 ° 563.30 Goo. V. Anatrong a a-a ° " 60 a 306,05 Goo. t!. Armntrong ; O-3 " " 60 ° 300.65 Goo, U. ATzmtrong 4 OAS " ° 60 °. 306.65 Goo, V. Axro trong 4 0 ° " 60 " 306.65 Goo. 11. Armotrong 5 0 " " 60 " 306.6b Goo, V. ArzAtrong 8 a " ° eQ 306.65 Goo, W. Armstx=g a B ° " 60 ° 306,65 Goo, V, Arnotxonc 7 B " " 6O ° 306.65 Goo. 17, Arr4trong 6 B ° " 60 ° 306.05 Goo. V. Axwtxong D B " °" s0 ° 30G.65 Goo. 17. Av strong 10 B ° r 60 ° 3 .65 TOTAL OOST�TO PMPERTY OURMS------ V9,531.77 '5 That the amount set opposite the name of each owner abovq, and his property is hereby assessed against the said property and de- clared 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, exospt lawful taxes, that the @,mount payable by each owner, and assessed against bis or her property above, shall be payable as follows, to-grit: In three e,ual instalments, one r:ayrtble.wit::in 30 days after 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 acceptance, provided that said owners shall have the right to discharge any instalment before maturity by payment thereof with accrued interest. Taut default in the payment of any instalment of prinoil,al or interest upon said assessments when due as bar tin .,rovided shall, at the option of said R.C. Armstrong, Jr. or other 1,.gal owner and "colder of said assessments, at o4es ma,tur: the vhole amountthereof, bot" principal and interest, which shall �t once become collectible without notice. (3) That the said assessments shall bear int 7 st from the date of said completion and mope;tance at the rate of 8 per cent. ,per anr_um, payable annually, and if not paid when due the said asses,3ment and claim of personal liability shall be enforced, either by the sale of suc7 property by the officer and in the manner, as far as applicable, as sales are authorized to be made for non-payment of. dity Taxes as pre- scribed by the City Charter and general laws, or. by suit to enforce the said oltim of personal liability or lisn in any court having jurisdiction. (4) That the City shall issue to the said R.C. Armstrong, Jr. the eontraetor. for the said improvement, assignable certificates against the owners of said property, and against t'ieir said property, which said certificates shall declare the said sums to be due and ,ayable in instal- ments as herein provided after completion and acceptance of said work, and shall be payable to the said R.C. Armstrong, Jr., and shall state the amount due from each property owner, and hereby assessed against his property, and the rate of interest thereon, heron fixed at eight (8p) per cent. per annam, and each certificate shall recite and declare the t Q .A& fact that the same is secured by a lien against the property of such owner, and personal liability of the owner, and shall describe suoh property by number and blook, or such other description as may identify the same with refer�-noe to any other fact recited, and by the name of theoi?ner 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 provid* that if the amount therein declared or any instalment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with accrued interest, and with court costs and reasonable attorney's fees, if same have been incurred, and shall recite the proceedings with refer- ence to suah improvements as have been made in compliance with the terms thereof and the Charter of the City of Fort Worth, and that all pre- requisites to the fixing 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 Secretary with the corpo- rate seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipts for pay- ment thereon, which receipts 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 City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the "East Endarly Place Certificate Fund No. 10, and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty oo 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 wit' the amount paid thereon, and that said endoreementd 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 r . C r� #7 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 coupoaa thereto attached evidencing the several instalments of principal and interest thereof, which coupons shall be executed and attested by the Mayor and City Secretary as are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any instalment evidenced by a eoulon, such coupon shall be credited by the City Tax Collector qnd surrendered to the City Treas- urer as herein 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 tine 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 tila.t the said City of Fort Woxta shall, :ensvar demanded by the said R.C. Armstrong, Jr. 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. ----------------------------------- I hereby certify that the above and foregoing Ordinaee was duly -presented and unanimously passed and adopted by the Board of Commis8lonere of the City of Fort Worth at a regular session of said Board held TuYsday, 'Jgne-15th A.A. 1920. James. Liston Jr. Approved as to Form: My Secretary. t-,.8Y C , oration Counsel.