HomeMy WebLinkAboutOrdinance 333 FORM No. 14
AN ORDINANCE.
Assessing a portion of the cost of improvement on._....__pEkC$_STREET Street,in the City of Fort
Worth,Texas, between its intersection with theUST_____line of_._SaU%' �1�"' and
its intersection with the!!7'--CT __line of_1I_0A_K 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_..101bl._...__..day of Qat.ob=.._.__.......... 19_11, the Board of Commissioners of
the said City directed the improvement of between its intersec-
tion with the_e3_St.__....._.line of_algUgLP..AMUIMr"with its intersection with
by raising,filling,grading,and paving the same;and,
WHEREAS, In accordance with said resolution, specifications for said work were dvty pTopAnd
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 ' u�'th'c Company, a corporation,for the improvement of the 13&ig,
.......... ......j.." ti'e�t, -as accepted by said Board of Commissioners;and,
WHEREAS, Tftcr s d Tex itulithic Company has entered into a contract with the City of Fort
Worth, as provide the C 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 it 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' b2solution of date the.................. �`"•may o�._......................._...----.._.._...-.,
19-11., find and declare the necessity ofVseng a portion of the cost of said improvements against
the owners of the property abutting therd their erty,and did prescribe a hearing of the said
owners,their attorneys, and agents,and date a or and did direct the said Secretary of the
said City to issue notice of the said hearing by a ' ement, 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 er or the time and in the manner pre-
scribed by the City Charter, in 4Phe Star-Telegram, a' paper of general circulation in the City of
Fort Worth, for five (b) consecutive days prior to aid hearin d did also notify the said owners
of the said hearing by posting a copy of the said notice to ea( f e , at the post office, in the City
of Fort Worth,Texas, more than ten days prior to the date th ar ng; and,
WHEREAS, The said hearing in accordance with t e a' r lution and notice was held by the
Board of Commissioners on the........-a th.........day of.......-_ �-.�..."...:...=., 1 ........... ....., at_.._ .___ o'clock a. in.,
at which time and place .James--._Barr.is.on.,.Max..-K.-May-e.r..,.` .--.J...-C-1i.ft..an.,............................----------
..,._ ..._.y.-...0 .....•... o....stun-,..............._......-.-..-..........
_.................. .._..................
G.C..F:....S. T.—Fly.....Go—by......C...S...Ril.ey...-..Agant j..exas....&--..F-ac..if c R._.-...o•by Spo_ont.= -------..............
Thomparwi & Barvrx Le .........................................................._..._._........_.......................................
owners of property,appeared to protest the said assessment, and the benefits of said improvement con-
nected with the improvement 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 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, pnd 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 rat&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 names 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:
PAVING ASSESSIZITT FOR PEACH BTREET, FROM THIS .
EAST PROPERTY LINE OF SALU LS AVEP? N TO TU WZST
PROPERTY Z,IU OF- LM OAK STMT Rill
---
XT A g 2 LO T Bx6, ADDIT1017 nTTG. CCST PER FT,
Edgar S.
Hamilton- 1 B 0 A Z 100 0425.30 $`v4.2330
Mrs. Annie Jones 32-T B EVANS & HUFTUO 30 126.99 "
L:E. Hardesty 31-T B • " 100 423.30 "
V, 'J. 71athews - - 37-T 124 C I T Y 26.1 110.48 "
Louise H. Leery 35-T 124 ° 50 211.65 "
A.M. Scott 33-T 124 " 50 211„65. °
O.W. Sprinkle 31-T 124 N 50 211.65
F.E. Redeker- - 54-5 124 " 50 211.65 "
G.C.& S.F.Ry. 28-T 124 " 150 573.08 3.8205
John 11. Britton 25-T 124 " 74 266.04 3.5951
G.C. & S.F.Ry. 17-T A BVAITS & HUFFUM 146 524.89 if
n
Fire Dept. (Ft.Vorth) Sta. #9 _ 60 215.11
Sherman T. Wal-Ler 1-T C RYA T+S SUB OF BLK.
158--CITY 50 179.76 °
C.A. Geer 2-T C " " 50 179.76 "
ze0--, rhehe3"A I Wd:i 1-T B ° " 50 179.76 "
Mra.S.J. Clifton- 2 & 3-T B " ° 100 359.51 "
E.T. DeFries 4-T B " ° 50 179.76 "
N.65+ of 13-T 158 C I T Y 100 359.51 "
Dr. O.F. Carlson 9-T 156 " 100 359.51 "
Mrs. L. Burke-W, of 124 156 " 50 170.76 "
T .S. Coate- E. If 12-T 156 ° 50 179.76 If
C.VonCarlowitz 11-T 156 " 100 359.51 "
J.11. Lamb 10-T 158 " 160 575.22 If
Max K. I&ger 1-T A RYAPT+S.SUB OF HI.K,
158- CITY 50 170.76 of
W, �Ii ooding 2 A " p _zo-- �'� "
i T.:. 43e 9-T A ° " 60 215.71 If
Nary Minear 31-T 162 C I T Y 50 150.76 3.0153
-V.L. Alexander 32-T 162 " 50 150.76 If
fiinfrey BrosZgt33 &. 34-.T 162 " 100 301.53 "
.t.Zuftmm -N.!t -af 30 2 SCMARTZ SUB OF BLK.
161- City 100 301.53 "
tax K. Iuayer 29 2 30 150.76 "
1f.P. Colburn 28 2 " " " " 50 160.76 "
J.E. Johnson,Jr. 27 2 " " ° " 50 150.76 "
.A. 911rany 26 2 " ° ° " 50 150.76 "
;,:C: Williams- 24 & 25 2 " " " " 100 301.53 "
St-Worth & Den-Ter Ry.23 2 n n " ° 75 295.73 3.9431
Ft.Worth & Denver Ry. RIGHT OF WAY 115 453.45 "
Texas & Pacific Ry. " " " 135 532.31 If
Jae. $a.rrieon- 1-2 & 3-T 162 C I T Y 150 452.29 3.0153
Jae. Harrison 4-T 162 " 28 0 4 3.9431
TOTAL FOR PROPERTY 091I r S------- --- 08.,4.77 _
CITY OF FORT NORTH-------- 2558,38
X. UYUME33, TRACTIOIT COIflPKITY-- 927.78
GRAiM TOTAL----------#14316.93
Note: The letter "'TO denotes -Chat the devarl Lion wag
taken Dt om the Texas Title C ompany'a Lap.
. 7
FORM No. 14--Continued
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 enforce<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'04 P"8ee8}Hability,
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 s perty so failing to pay such assessments,and against their said property,
which said certifi e eclare the said sums to be due and payable thirty days after completion
and acceptance ork, an shall be payable to the said Texas Bitulithic Company,and shall state
the amount due fro each pr a owner, and hereby assessed against his property, and the rate of
interest thereon, herein ' e t eigh er cent (8%) per annum, and each certificate shall recite and
declare the fact that th ame is se a by alien against the property of such owner, and personal
liability of the owner, and shalj,4 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 the p e owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide a ' the ou t therein declared shall not be paid when due,
then it shall be collectible with accrued inter with court costs, and reasonable attorney's fees, if
same have been incurred, and shall re 't he procee 'ngs 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 n person liability, evidenced by such certificates,
have been performed. Said certificates shall executed t Mayor and attested by the City Sec-
retary with the corporate seal. Said certificates shall o ' e at the same shall be payable to the
Tax Collector of the City, who shall issue his recei or payme hereon, which receipts shall be
evidence of such payment, on any demand for same by virtu of d certificate, or any independ-
ent contract to pay the same, entered into by the owner h , a shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifi to with t y Treasurer and the said
City Treasurer shall keep the same in a separate fund, which fun s Jeleby designated as the___-.—
PCh R �e� _........_...... CERTIFICATE FUND No.I._,and th t enever y ayment may be made
to the Tax Collector upon such certificate, it shall be his duty upon pre nt b the said contractor,
or the holder thereof, to endorse said payment thereon, and that the o for or holder of such cer-
tificate, shall be,/entitled to receive from the City Treasurer the amou paid upon presentation of
the said certificate, credited with the amount paid thereon, and that said endorsement 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 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.
FORM No. IA-A
6.
,%Nr That the cost of said improvement in accordance with the terms of the said contr etween the
rails=at-trac and eig 18) ' ches on the outside thereof of the--_.._..._ -__._._...... .. ..._...._ .._ ._..._. -:._Cmpany,a Str et R 'lwa Compa y, oc upying the- 7
said,Ireet�ys herebyascertained and determined to be the sum . ............� �1.f s o
bb
.... ...-:..............) Dollars,and to secure the payment of the said sum a special tax in said a ount is here-
by levied upon and aga-Inist the road5e3, rails;i;i s, 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 completio nd acceptance of said improvement by the City, and if the tax shall not
then be paid, the srs e enforced either by sale in the said premises in the manner as near as
possible as prov' d bit t e le of property by the City of Fort Worth for ad valorem taxes, or the
same maybe en ced ' any having jurisdiction.
T nt be ac ................
......................................................................................... .........._... .............Company,and 18 inches on the outside thereof,said
Company being a team rail a ompany, o upying the said street, is ereby ascertained and deter-
minedto be the sum of.........................................._..... ..........................__._................_........................ ($.........._........._.............. ollars,under
the terms of the said ntract, and pe ' f the said amount is here b lev' against and upon
the road bed, ties, rails, franc e uKes and p operty of said Company prescribed by the City
Charter, which tax shall stitute irst a s erior lien upon the s ' pro rty of the said Com-
pany to all other lien clai or titles ` r, except lawful ad orem taxes, that the said tax
shall become deli ent if not id with(igi irty day a ter com etion of said imp vement and its
acceptance by e City,and shall b nforced either y e of t said property in the nner as near
as possible provided by the City Char r fort e�f pr e y for non-payment of ad Valorem city
� w
taxes,or by suit in any court having jurisdiction.
That this ordinance shall take effect from and a r its pas ge'
I hereby certify that the above and f r goi o inance was
duly presented and unanimously passed and adopt y e Board of
Commissioners of the City of Fort Worth at a se n of said Board
Held Tuesday September 24th.,1912.
�-.� City cretary.