HomeMy WebLinkAboutOrdinance 1732 ORDINAME NO. 1732
AN ORDINANCE ASSESSING TEE COST OF WIDENING AND II1PROVING
THROM MORTON STREET FROM A POINT IN THE SOUTH LINE OF
TWELFTH STREET TO A POINT IN 'iHE NORTH LINE OF THE TMUS
AND PACIFIC RAILWAY RESERVATION AGAINST THE PROPERTY OWNERS
AID THEIR PROPERTY ABUTTING ON OR IN THE VICINITY THEREOF,
AND BJDMFITED THEREBY, AND FIXING THE TIME WHEN SUCH SPECIAL
ASSES M,'TS SHALL BECOME DUE AND DELINQUENT, AND PROVIDING
FOR COLLECTION THEREOF, AND DECLARING AN EIERGENCY.
MEREAS, agreeable to the provisions of the law and pursuant to a re-
solution duly passed by the City Council of the City of Fort Worth on the 14th day
of October, A. D. 1931, a public street in the City of Fort Worth, known as Throck-
morton Street, was ordered widened and improved, necessitating the acquisition by
said city of certain property abutting on said street, which property was particular-
ly described in said resolution; and
Z=U;,.94JI wr zly is t _Vur.�ase: and
WHEREAS, the City Engineer of the City of Fort Worth, in compliance with
said resolution, did submit to the City Council a plat and report showing the bftimat-
ed total cost of said improvements and the property abutting on said improved street,
or in the vicinity thereof, which is benefited by said improvements, together with
the owners thereof, which statement was considered by the City Council; and
WHEREAS, thereafter the City Council did by resolution determine upon
the necessity of assessing the cost of said improvement against said property and
said owners, and did prescribe a hearing for said owners and fix a date therefor
upon the 4th day of November, A. D. 1931, and did direct the Secretary of the City
of Fort Worth to issue and publish notice of said hearing as provided by the City
Charter and the laws of the State of Texas; and
WBEREAS, in accordance with said resolution the City Secretary did issue
a notice of said hearing to said owners and all interested parties by publication
thereof,for the time and in the manner prescribed by the Constitution, laws and
City Charter of the City of Fort Worth, in the Fort Worth Press, a daily paper of
general circulation in the City of Fort Worth for three consecutive days prior to
said hearing, the first of said publications being at least ten (10) days prior
to the date of said hearing, and did also notify said owners of said hearing by
a
mailing a copy of said notice to each of these prior to the date of said hearing;
and
WHEREAS, upon the date for said hearing certain of said property owners
appeared, and after due consideration of their protests said City Council did amend
the amounts of said proposed assessments and did amend the resolution deteratiAw
upon said assessments and did direct the Secretary of the said City of Fort Worth
to issue a new notice of hearing to be held on the 23rd day of December, A. D. 1931
and to properly advertise said hearing date as provided by said City Charter and
the laws of the State of Texas; and
WHEREAS, in accordance with said amended resolution, the City Secretary
did issue a notice of said hearing to said owners and all interested parties by
publication thereof, for the time and in the manner prescribed by the Constitution,
laws and City Charter of the City of Fort Worth, in the Fort Worth Press, a daily
paper of general circulation in the City of Fort Worth for three consecutive days
prior to said hearing, the first of said publications being at least ten (10) days
pTibr to 1 t Mtu Tr-s'UM 1101MtLLK, Mid Ulu tilff'o aettty raid
by mailing a copy of said notice to each of them prior to the date of said hearing;
and
V7HLREAS, said hearing, in accordance with said notice was held by the
City Council on the 23rd day of December, A. D. 1931, at 10:00 a. m.; and
WHEREAS, said City Council adjourned said hearing until the 6th day of
January, A. D. 1932, at 10:00 a. m., for further consideration of said assessments;
and
14HERwnS, it appeared to the City Council that all proceedings were duly
and regularly had, and after a full and complete hearing, at which various interest-
ed property owners of the property benefited by said improvement appeared, and after
considering the assessments recommended by the City Engineer, and after having ar-
rived at the values which represent justly and fairly the special benefits that such
property will receive by reason of said widening and improving of that 11ortion of
Throckmorton Street above described, it is deemed advisable to order the passage of
this ordinance levying the special assessments against the properties herein shown;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY CODNCIL OF THE CITY OF FOW WORTH:
SECTION I.
That a special assessment be and the same is hereby levied upon and
against the hereinafter described property in the amounts hereinafter stated and
against the owners thereof as hereinafter stated, which said special assessment
tax is levied after a fall and thorough consideration of the assessment report of
the City Engineer of the City of Fort Worth and the protests of the various prop-
erty owners affected and of the special benefits accruing to said property by
reason of improvements to said property and that said special tax is levied against
the hereinafter described property in the respective amounts hereinafter set out
for the purpose of obtaining money to pay the compensation to the said named prop-
erty owners as shown by said resolution and report of the City Engineer, a deserip-
tion of the property lying in the vicinity of the said proposed improvements and
the names of the owners thereof, and the amounts of the special assessments hereby
levied against the same respectively and are as follows, to wit:
LoT or
an- PARCBL MDM ADBITIQN ASSESSMW
The Texas & Pacific A parcel of land out of the Texas and Pacific
Railway Company, a Railway Company Reservation in the City of
private corporation Fort Worth, Tarrant County, Texas, more particu-
larly described as follows: Beginning at a
point 75 feet due south of a point in the south
line of Block W, Daggetts Addition to the City of
Fort Forth, 203.8 feet west of the original eo4U-
east corner of said Block W; thence east parallel
to the said south line of Block W and its easterly
prolongation, 240 feet to a point; thence south
at right angles to the last described course 100
feet to a point; thence west parallel to the first
described course, 240 feet to a point; thence north
at right angles to the last described course 100
feet to the point of beginning. $ 1,160.00
The Texas & Pacific A parcel of land out of the Texas and Pacific
Railway Company, a Railway Company Reservation in the City of Fort
private corporation Worth, Tarrant County, Texas, more particularly
described as follows: Beginning at a point 75
feet due south of a point in the south line of
Block A-1, Daggetts Addition to the City of Fort
Worth, Tarrant County, Texas, 44.35 feet east of
the southwest corner of said Block A-1; thence east
parallel to the said south line of Block A-1 and
its easterly prolongation, 240 feet to a point;
thence south at right angles to the last described
course 100 feet to a point; thence west parallel
to the first described course 240 feet to a poi.nL;
thence north at right angles to the last described
course 100 feet to the point of beginning.
1,970.00
W. N. Hinckley, an un-
divided 1/2 interest in 20, 21 & 22 W Daggetts 1,620.00
D. L. Tandy, an undivided
1/2 interest in 20, 21 & 22 W Daggetts 1,620.00
E. C. Dayton 20, 21 & 22 V Daggetts 1,850.00
Herman Supply Company
Trade name for Max Herman 19 V Daggetts 810.00
W. S. Ward 18 V Daggetts 810.00
Harry Rosenthal 17 V Daggetts 810,00
Annie E. Kinn"alay, Indivicl,
rally and as Executrix of the
Estate of C. T. Kinnersley,
deceased 16 V Daggetts 810.00
John Murrin, an undivided 1/4
interest in the Estate of
Steve Murrin, deceased, in 14 & 15 V Daggetts 105.00
Steve tturrin, an undivided 1A
interest in the Estate of
Steve Murrin, deceased, in 14 & 15 V Daggetts 405.00
Mrs. A. T. 0tBrian, an un-
divided 1/4 interest in the
Estate of Steve Murrin, de-
ceased, in 14 & 15 V Daggetts 405.00
LOT or
Ofm PARCn HLoa ADDMON A
Mrs. M. H. McDougall, an
undivided 5/38 interest in 5 & 6 A-4 Daggetts , 285.00
E. V. Barres, an undivided
25/114 interest in 5 & 6 A..4 Daggetta 476.00
-�+ Wm. H. Barres, an undivded
25/114 interest in 5 & 6 A-4 Daggetts 476.00
Percy D. Barres, an undivided
25/114 interest in 5 & 6 A-4 Daggetts 476.00
Mrs. Tustina M. Smyth, an
undivided 8/38 interest in 5 & 6 Ate} Daggetts 456.96
Gym. wills, an undivided 1/2
interest in 7 & 8 A-4 Daggetts 1,250.00
A. Wills, an undivided 1/2
interest in 7 & 8 A-4 Daggetts 1,250.00
T. W. Myers 7 W Daggetts 10.00
A T. M. Leonard, an undivided
1/2 interest in 8 to 11 incl. W Daggetts 70.00
r 0. P. Leonard, an undivided
1/2 interest in 8 to 11 incl. W Daggetts 7Q QQ
Mrs. Mary Montgomery,
a widow 12 to 14 incl. W Daggetts 210,00
7 F. M. Fillingim 15 to 19 incl. W Daggetts 350.00
'�>W. R. Ross 23 to 34 incl. V Daggetta 260,00
Brown Harwood 5 & 6 V Daggetts 60.00
Mrs. Lella Clark,
a widow 7 to 9 incl. V Daggetts 240.00
I. Brown 2 U Daggetts 275.00-
7Y l,Srs. Memmie E. North South 1/2 of east 1/2
// of Lot 1 U Daggetts 55.00
Walter B. Scott No rth 1/2 of east 1/2
of Lot 1 U Daggetts 30.00
LOT or
OWM PAR= ADDITION ABSKSEUM
Mrs. A. F. Roberson, an una
divided 1/4 interest in
the Estate of Steve Murrin,
deceased, in 14 & 15 V Daggetts 405.00
Ella Moore West 10 to 13 incl. Q Daggetts 3,700.00
Ella Moore lost southerly 87.5
feet of Lot 5 U Daggetts 3,600.00
Patton Printing Company, Northerly 12.5
a private corporation feet of Lot 5 &
Southerly 12.5
feet of Lot 4 U Daggetts 870.00
C. F. Gilchrist Northerly 37.5
feet of Lot 4 U Daggetts 1,300.00
Southern Land Company, Southerly 1/2
a private corporation of Lot 3 U Daggette 900.00
F. M. Anderson Northerly 1/2
of Lot 3 U Daggetts 1,050.00
! Mo rrison Supply Company,
a private corporation 9 to 12 incl. A-1 Daggetts 3,650.00
Mrs. H. 0, Ledgerwood, West 3/4 of Lots
a widow 1 to 4 incl. A-2 Daggetts 2,440.00
T. S. McDaniel East 1/4 of Lots
1 to 4 incl. A-2 Daggetts 150.00
J Mrs. Mittie McGammon,
a widow 5 A-2 Daggetts 700.00
The Chardalena Company,
a private corporation 6 A-2 Daggetts 700.00
John Murrin 7 & 8 A-2 Daggetts 1,860.00
Charley May Harrison,
an undivided 1/2 interest in 1 & 2 A-3 Daggetts 985.00
W. H. Williams, Trustee
of the Estate of Maides
C. Williams, a minor, an
undivided 1/2 interest in 1 & 2 A-3 Daggetts 985.00
Dave Carshon, an undivided
1/2 interest in 3 do 4 A-3 Daggetts 870.00
Ben Rubin, an undivided
1/4 interest in 3 & 4 A-3 Daggetts 435.00
> Harry Rubin, an undivided
//1/4 interest in 3 & 4 A-3 Daggetts 435.00
Mrs. Bert K. smith 5, 6, 7 & 8 A-3 Daggetts 4,300.00
Mrs. M. M. Barnes
a widow 1, 2 & 3 A-4 Daggetts 3,600.00
Harry N. Sideria 4 A-4 Daggetts 1,085.00
SECTION lio
The special assessments in the respective amounts hereinabove set forth,
and herein levied against the respectively described property, stall be and consti-
tute a lien on the said respectively described property against which the same is
herein assessed, as well as a personal liability and charge against the respective
owners thereof in the respective amounts hereinabove set out, which lien shall be
superior to all other liens, claims or title, except ad valorem taxes, and the said
respective special assessments shall become due and payable as far as practicable
in sixteen (16) equal installments in the following manner;
The first installment shall be due and payable within thirty (30) days
from and after January 6, A. D. 1932;
And one installment shall be due and payable each year thereafter until
the entire assessment is paid,
and said assessments shall bear interest at the rate of seven (7%) per cent per annum
from February 6, 1932; provided, however, that each property owner, upon giving
thirty (30) days notice in writing to the Tax Collector of the City of Fort Worth
or the holder of any assignable certificates issued hereunder of his intention of
paying the whole amount or any installment thereof, shall have the right, or privi-
lege at the expiration of said thirty (30) days of paying the whole amount against
it, or any installment thereof with accrued interest, as the case may be. That
upon the payment by any property owner of any assessment in full, the Tax Collector
shall issue a receipt to the said property owner and the City stall cause to be exe-
cuted by the Mayor, for such purpose, a release duly acknowledged for record, of
such assessment. That in case any property owner against whom any assessment
is made hereunder shall fail, or make default, in the payment of the said assessment,
or any installment thereof, or of any interest charge, the City shall declare the
whole amount of said assessment due and the City- of Fort North shall enforce the
collection of the same in accordance with the provisions of the City Charter, or
general law, or may file suit for the collection of the same and enforce its lien
against the said property for the amount of the assessment and interest, as well
as obtain a judgment against the owners of the property personally liable therefor
under the terms of this assessment, and the City may obtain a judgment covering
the cost of collecting such assessment, as provided by law and all delinquent as-
sessments shall bear interest at the rate of seven (7%) per cent per annum and be
Otherwise controlled by the City Charter in reference thereto.
SECTION III.
That assignable certificates shall be issued under the terms of the
assessments herein made, and shall be made payable either to the City or pur-
chaser thereof, which assignable certificates shall declare the liability of
the owners and their property for the payment of the assessments, and shall fix
the term and time of payent, and conditions of default and maturity thereof,
which shall cover the cost of collection, including a reasonable attorney's fees
for collection, as provided for herein; that each of said certificates shall re-
cite that the proceedings with reference to the improvement referred to herein
have been regularly had in compliance with law, and that all prerequisites to
fixing the assessment lien against the property referred to herein, and the per-
sonal liability of its owner have been performed, and said recital shall be prima
facie evidence of the facts so recited; that the allegations of such recitals
of such certificates in any suit brought for the enforcement thereof shall be
sufficient allegation of all proceedings had with reference to the making of said
improvement and the assessment of the cost thereof, and of all prerequisites to
the assessment and shall be deemed sufficient to permit proof of said proceedings
and prerequisites'to the assessment and shall be deemed sufficient to permit
proof of said proceedings and prerequisites without the necessity of alleging and
setting forth the same in the pleadings, by caption, substantially or in fall;
that the form of the certificates shall be such as shall be approved by the Mayor
and City Council, and as provided by law.
SECTION IV.
That a personal charge and liability shall be made against each person
owning property and against whose property the respective assessments hereinabove
set out have been made, which charge shall be a claim of personal liability against
each of sueh persons for the payment of the respective amounts herein levied, as
well as the respective installments against each of such persons; that the special
assessments levied, as well as all moneys derived from the sale of assignable certi-
ficates hereunder, shall, when: collected, be placed and deposited with the City
Treasurer in a fund to be known as the THROCKMORTON STREET WIDENING (from a point
in the south line of Twelfth Street to a point in the north line of the Texas and
Pacific Railway Reservation) FM, which fund stall be held for the payment of the
compensation to the said property owners and all the costs of this proceeding as
shown by the report of the City Engineer, provided the City Council shall pay to
the property owners such sums as may be in the said Fund in such order as it may
deem advisable to obtain the said property and begin the work of making the said
improvement; that the said fund hereby created shall not be drawn upon for any
other purpose other than paying the compensation and the costs herein provided.
SECTION V.
That the Tax Collector shall preserve in a well bound book a description
of the proceedings as herein shown and the particular amounts herein shown to be
assessed against each property owner and shall issue a receipt as hereinabove pro-
vided to each person paying the said tax, as well as giving credit to any person
paying any installment hereunder and in case of assignable certificates, the Tax
Collector shall receive money due and payable under any assignable certificates,
and shall place the same in a fund to the credit of the holder of any assignable
certificates.
SECTION VI,
WBM AS, on account of the great necessity of obtaining the money from
the property owners bereinabove set forth for the purpose of paying the compensa-
tion for the property belonging to the owners as hereinabove set forth, in order
to open, widen and straighten the said Throckmorton Street across same; and
PEEREAS, on account of the great necessity for the opening and widening
and straightening of the said street in order to facilitate public travel and
avoid congestion, there exists an urgency and emergency in behalf of the immediate
preservation of the public safety, health and life, that this ordinance shall
take effect from and after its passage, and it is so accordingly ordained that
this ordinance be and the same shall become effective from and after its passage,
as in the Charter in such cases made and provided.
OVTD A ,2'O
J4-��'- City At ey
ORDIN
Title
Date
Filed
day o
r`; City SecreYafv