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HomeMy WebLinkAboutOrdinance 233 4 FORM No. 1! �`!% ,�'R-C C✓ -To AN �VG AN ORDINANCE. Assessing a portion of the cost of improvement in the City of Fort Worth,Texas, between its intersection with the...meat........line of_-_.$az]stou.....-.....___.__..v...Street, and its intersection with the._H9at _line of..._........__. ayaL.Avenllfl..._...Street-against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the...._.. kl._._ day of 19.1.1, the Board of Commissioners of the said City directed the improvement of between its intersec- tion with the_...W.Q.!3.t_..._.Jine with its intersection with the_HP.31._._..—line of_------R0.V41-._AvQ11LA........._Sftw*, 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 bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas ' uJ>t 'c Company, a corporation,for the improvement of the $.e.lknap.................. ......... t t, as accepted by said Board of Commissioners;and, WHEREAS, ' s id Tex itulithic Company has entered into a contract with the City of Fort Worth, as provide the r , for the improvement of said street,within the said limits by rais- ing,grading,and filling t sa , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founda . n nd, WHEREAS, The s d Compa ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, i c ce with the said contract, and specifications, with surety as required by the said City Ch e which contract and bonds with the surety thereof, have been duly approved by the said Board ommission and, WHEREAS, Thereafter,the City n f said City filed his written statement with the Board of Commissioners concerning the s d ' ov ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the i h' statement was considered by the Board, corrected and approved; and, — WHEREAS,Thereafter the said Board d' ,b •esolution of date,the ._------ 19..U., find and declare the necessity of se ne, a portion of the cost of improvements against the owners of the property abutting ther n,and their7, .rr ety,and did prescribe a hearing of the said owners,their attorneys, and agents, and fi e a date and did direct the said Secretary of the said City to issue notice of the said hearing by a nt, as provided by the said City Charter, and also by posting said notices as provided the n nd, WHEREAS, In accordance with the said solution, a ty Secretary did issue a notice of the said hearing to the said property owners by publication a or the time and in the manner pre- scribed by the City Charter, in The Star-Telegram, a,,da'K paper of general circulation in the City of Fort Worth, for fiv (5) consecutive days prior to aid hearin d did also notify the said owners of the said hearing y posting a copy of the said notice to eac f e , at the post office, in the City of Fort Worth,Texas, more than ten days prior to the date t ar'ng; and, WHEREAS, The said hearing in accordance with t e a' r 1ution and notice was held by the Board of Commissioners on the..__.._._.5.Q.tth_-day of.............la .......__......., 1 o'clock a. m., at which time and place ..........R.^...Armt-rong..........R..D.+Tf.1.1.b0.t ..}... .... iCt,Cl......._]Et1l.11.am..CAppS........_. _................................._._....................................................._..---...--.--_....._..._.._.._........._................................. -- ---............-----------_..........._............................................. -._.__----- _..............._................._...---- _.........._..n.._.._...._..._..... I......... _...-___ ._.-__...__......... ._.......__..........................._._..-_........ owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected with the improvement of said..........156M aR-----..._..-----I—--.......................__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 property of each owner hereinafter named in the en- hanced value of said property exceed in each case the amounts hereinafter assessed against such own- ers and their 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 pro- portion 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 im- posed upon such owners,and said apportionment is hereby adopted. (2) That there is,and shall be,assessed against each of the owners of 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 name of the said owners,and descriptions of the property of each, and the total amount in money hereby assessed against each one, and his property, being as follows,to-wit: Rate per Name TO Block Addition Pro ntaE a Front Ft. Coe J. F1. Sandige 1 5 City 95 05.5666 $528.F C. B. Randle & Luella Pampel 15 5 if45 5.5666 250.E C. B. Randle & Luel-1 a Pampel 14 5 " 50 5.6666 278, 41 Geo 1. Gause 1 & 2 17 " 200 6.4944 129ai The Fort Worth Market Co. Al 1. of 4 152 5-5666 846.: M. L. Eppstein 1 land 500 " 36 5;5666 200., Geo. '.:. Wallis 2 " " 36 5.5666 200. Mrs. C. J. Gambrell - Part of 3 T " " 78 6.4944 509. A. Flenner. " " 5 T " " 75 6.4944 487. S. N. Brookshire " 7 T " " 30 6.4944 194. C. G. Taylor " 8 T " " 72j- 6;4944 470. J. E. White " 6 T " 57 " City 100 4.1923 419. Dr.. R. D. Talbot 2 57 '100 4.1923 419. B. L. Waggomen 1 58 " 100 4.1923 419. B. Levison East -j of 2 58 " 50 4.1750 208. Stephen Murrin Est., of 2 58 " 50 4;2096 210. W. T. Shaw East of 1 24 If 50 4.2096 210. J. P. Nick's Est West of 1 24 " 50 4.1750 208. W. ). Essex East of 2 24 " 50 4.1750 208. Pars. M. A. Sansomia 24 " 50 4;2096 210. R-, C. Armstrong 1 0- -Yie3ds Hillside: lc: 4.1922 419, R. H. Bauer 2 C If " 100 4.1923 419, P. DeWalsh 11 50' 1 & 2 D It " 100 4.1923 419, R. J. Roberson No 90' of 3 D " If 50 4.1750 208, Plat Herman 11 -1 of 4 D " " 50 4.2096 210; Mrs. J. S. Loving 3& E " " 200 4.1923 838, Dr. J. T. Field All. of F " " 200 4.1923 838; R. L. James 5 G " " 72 4.1990 302, A. Robinson 6 T G " " 28 4.1750 116, Urs. Katie Brorn 7 T G " 50 4.1750 208 R. Id. Kitts 8 T G " " 50 4.2096 210 J. H. Luther 34 T Lend 500 50 4.2096 210 Dr. d. T. Field 33 T " " 52 4;1750 217 Jno. Donahue t of 29 T " " 42 4.1750 177 Jno Edwards E t of 29 T " " 42-1 4.1750 177 G. Haltom 28 " " 140 5.1938 727 Miss .Ella Dale 24 anal part of 23 " " 51 4.1750 212 Plrs. Janie -ern Part of 23 " " 742 4.1983 312 r Cost Curb & Total Gutter cost Total for property owners .. ....... $14t,009.01 $11,564.57 $15,673.58 Total for City of Fort Worth ....`.`. 6,202.07 Total for Citizens Railway & Light Company 505.45 Grand Total ...........I... .. ....$22f$281.10 FORM No. 14—Contlnued That the amount set opposite the name of each owner above, and his property is hereby 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, and assessed against his or her property, above, shall be payable as follows, to-wit: In full,within thirty days after the completion of the said improvement, in front of the property of each respective owner and acceptance thereof by the said city. (3) That the said assessment shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum, and if not paid when due the said assessment and claim of personal liability shall be enforced, either by the sale of such property by the officer and in the man- ner, as far as applicable, as sales are authorized, to be made for non-payment 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. (4) That if any of the said property owners, against whom and whose property an assessment is hereby made, shall not pay in full when due the amount so assessed, then, that the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of / perty so failing to pay such assessments,and against their said property, which said certifi e j 3ha11 eclare the said sums to be due and payable thirty days after completion and acceptance s`sid ork, an shall be payable to the said Texas Bitulithic Company,and shall state the amount due fro each p e owner, and hereby assessed against his property, and the rate of interest thereon, herein ' e t eigh er cent (87c) per annum, and each certificate shall recite and declare the fact that th ame is se a by a lien against the property of such owner, and personal liability of the owner, and shal a ib such property by number and block,or such other description as may identify the same wi ference to other fact recited, and by the name of the owner and if the owner is not known, or if thn4aithe owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide a ou t therein declared shall not be paid when due, then it shall be collectible with accrued inter d with court costs, and reasonable attorney's fees, if same have been incurred, and shall re it the procee Jugs with reference to such improvements have been made in compliance with the ter there a the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lien an person liability, evidenced by such certificates, have been performed. Said certificates shall a executedVy the Mayor and attested by the City Sec- retary with the corporate seal. Said certificates shall o ' eat the same shall be payable to the Tax Collector of the City, who shall issue his reeei or payme hereon, which receipts shall be evidence of such payment, on any demand for same by virt of 'd certificate, or any independ- ent contract to pay the same, entered into by the owner h shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi t with t y Treasurer and the said City Treasurer shall keep the same in a separate fund, which funo, s reby designated as the........... _.. 1kBap_„_Street.__..__ CERTIFICATE FUND No._._2 and, t neneve by ayment may be made to the Tax Collector upon such certificate, it shall be his duty upon pre nt tiq b�the said contractor, or the holder thereof, to endorse said payment thereon, and that the co for or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amou o paid upon presentation of the said certificate, credited with the amount paid thereon,and that said ibndorsement and credits shall be the Treasurer's warrant for making such payment to the said contrad%f "and that such a payment by the Treasurer shall also be 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. 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 de- manded 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. "stir FORM No. 14-A 5. That the cost of said improvement in accordance with the terms of the said contract, between the rails and tracks and eighteen (18) inches on the outside thereof of the_................._._CJ-tiZans................. __w_. ................................. a Street Railway Company, occupgipg the said street, is hereby ascertained and determined to be the sum of_Vive....buridre&�__ ( .__5_05. 5__.,) Dollars,and to secure the payment of the said sum a special tax in said amount is here- by levied upon and against the roadbed, rails, ties, franchises, fixtures and property of said street railway company, as prescribed by the Charter of the City, which tax shall be a lien against the said property of the said Street Railway Company, superior to all other liens or claims or titles whatever, except lawful ad valorem taxes, which tax shall become delinquent if not paid in full within thirty days after the completFind acceptance of said improvement by the City, and if the tax shall not then be paid, the sa e enforced either by sale in the said premises in the manner as near as possible as prow' edLIle of property by the City of Fort Worth for ad valorem taxes, or the same may be en ced in any t having jurisdiction. 6. a cost of t mpro nt bqween rails and tra s of the ................................................................... ...... ............ ............. .................................... ........ ..............................--I'- mpany,and 18 1 es on the ou 'de t of, said Com being team a ompany, cupying the 'd street, is he ase ame nd deter- minedto be a sum o ............... ....................._.........._. ..................._._..._...__.... ( _....... ................. .........) Dollar , nder t erms of the 'd contr and p a f the sa moun y levied a inst and up the roa d, ties, rai , ranchi u an opert sal ompany as escribed the City harter, which shall eo 'tute a rst a eri ien upon the s ' property . the sai Com- pany all other lien , aims or ' e a except lam valorem to that t id tax 1 become inquent if n id wit hty da, er completio said impro ent an ' s accepts by the nd shall be orced eit y le of id property ' he manner near i� as poss ro ' d by the - Charter twe le o e y for ii ment of a lorem es,or by suit in any rt having 'urisdiction. That this ordinance shall take effect from and after its pa g APPROOY�ED AS TOO FORK, L'arparratt��r Cc�u, I hereby certify that the above and foregoi ordinance was duly preented and unanimously passed by the Board of Commissioners of the City of Fort Worth at a session of s oard held Tuesday June 27th,1911. Cet/yecretar7.