HomeMy WebLinkAboutOrdinance 336 O R D I N AN C E td 0.
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IlAPROVE12NT OF
BALLINGER STREET FROM THE SOUTH PROPERTY LINE OF
DAGGETT AVENU$ TO THE NORTH PROPERTY LINE OF PENN&
SYLVANIA, AGAINST THE OW14ERS OF PROPERTY ABUTTING
THEREON AND THEIR PROPERTY.
THAT: BE IT ORDAINED BY THE BOARD OF CO.AISSIONERS OF THE CITY OF FORT `IORTHy
WHEREAS, on the 3rd day of September, 1912, the Board of Commissioners of
said City directed the improvement of Ballinger Street, from the south property line
of Daggett Avenue to the north property line of Pennsylvania Avenue, 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 said Board of Commissioners,
and
WHEREAS, bids for said improvement were duly advertised for, as required
by the City Charter, and
MMREAS, said bids were received* opened and considered by tba Board of
Commissioners, and the bid of the General Construction C t a corporation, for
the improvement of the said Ballinger Street, was adopted by the said Board of
Commissioners, and
7MEREAS, the said General Construction Company has entered into contract
with the City of Fort Worth, as provided by the Charter, for the improvement of the
said streets within the said limits* by raising, grading and filling the same, and
by paving the same with Bituminous Macadam Pavement, and
WHEREAS, the said Company has executed its bonds to the City of Fort Worth
for the construction thereof, in accordance with the said 'contract and speoif ieations,
with such surety as required by the said City Charter, which oontraot and bond, with
the surety thereof, have been duly approved by the said Board of Commissioners, and
WHEREAS, thereafter the City Engineer of said City filed his written
statement with the Board of Commissioners concerning the said improvements, and the
cost thereof, as provided by Section S. Chapter 14, of the Charter of the said City,
which statement was considered by the said Board, corrected and approved, and
,MREAS, thereafter the said Board did, by resolution of date, the lst.
day of October, 1912, find and declare the necessity of assessing a portion of the
cost of said improvements against the owners of property abutting thereon, and their
property, and did prescribe a hearing of the said owners, their attorneys and agents,
and fixed a date therefor and did direct the said Seor4ary of the said City to
issue notice of the said hearing by advertisement, as provided by the said City
Charter, and also 1py pset said natioes as tharein p14Widod, erne!
WHEREAS, in accordance with said resolution, the said City Secretary did
issue a notice of the said hearing to the said property owners by publication
thereof, for the time and in the manner prescribed by the City Charter in the Star-
Telegram, a daily paper of general circulation in the City of Fort Worth, for five
(5) consecutive days prior to the said hearing, and did also notify the said owners
of the said hearing, by posting a copy of the said notice to each of them at the
post office, in the City of Fort Worth, Texas, more than ten days prior to the date
of the deaeing, and
WHEREAS, the said hearing, in accordance with the said resolution and
notice, was held by the Board of Commissioners on thelgth day of October, 1912, at
9 o'clock, a.m., at which time and place, the following owners of property appeared
to protest the said assessment, and the benefits of said improvement connected with
the improvement of the said BALLINGER STREET:
,
NOW, THEREFORE BE IT FURTHER ORDAINED BY THE SAID BOARD OF COMh4ISFIONERS
AS FOLLOWS, TO-WIT:
4 1.
That the benefits to each parcel of Property of each owner hereinafter
named, in the enhanoed value of said property exceed ir_ each case the amounts here-
inafter assessed against such owners and their property. And the said Board having
considered the evidence and it appearing therefrom that the strict application of 1
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 un
justly in particular, and that the apportionment and assessment hereinafter made
will offset substantial equality and justioe between property owners, having in view
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 of the owners of
property hereinbelow named, and against the several parcels of property of the said
owners hereinbelow described, 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 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-wits
SEPTE1i3M 26th-1912,
PAVI],TG ASSESSTZITT FOR BALZIITGER STPMT,
FROL ViE SOUTH PROPM-TY LINE OF .PAGGETT
10_-Ti 2TORTH PROPE;TY L11TE 0 t'Fy'TZSYLVAITYA An,
�y�� RAT e
IT A l LOT B £ DIT Oil I+'T�G S .YD3. COST F '.
Zdiv, v.rd Teageod-
E. llot of 5 26 SP',iJi1Irn SO. 72 156.004 olo.60 : 2.9250
�c P Rai Tway Co.- 25 &
26 RIGHT-OF-WAY 237.4
� 514.367 694.40 '
tt.W orth oc Rio Grande
Railway- 25 &
26 RIGHT-OP IAY 89.4
128.700 173 .75 "
aittie P. UcCauraon 8 26 JZt,nTGS SO. 181 692.166 529.42 "
Vhitmoro Lorris-
37X57X68'ft41T.R.Cor.of 25 " " 37 86.167 108.23.
BAliard lee .w Fuel Co.-
Lots 11-12 & 13 25 " " 114.6
248,300 335,20 "
Jno.E: Lyliok " Wifo-
Lots 9 & 10- 25 " " 101* 219.917 296.80 "
7.J. Jennings, at R1;
Lots 1, a and, i 29 " of 150 3404000 450.000 3.6'600
7.E.Bro,m- 4 29 " " 50 113.$33 153:°00 "
5 29 " " 50 113.333 153.00 "
T.J. Penniston-64& 6 29 " " 163* 347,933 469.171 it
S.F1. Ray 16 30 If 1150 113.355 153.60 Itlisp Elizabeth
CI%,ton,- 15 30 113.333 153,00 of-$.J. Jonninge, at al-
Lots 11, 12, 13 & X1-
14-Blk. 30 If " 200 453.535 612.00 If
17,0. Porbese 10 30 If to 50 113.333 153.00 "
R.C. Combs 9 30 of of 53* 121.267 163.71 "
-3. Goo. Clark 9 44 If " 50 99.167 133.ev 2;6975
G.W. PArkor 10 44 " " 50 99.167 138.87 "
'A.L. Lamas 11 44 " " 50 99.167 133-187
,S.J. Criss 12 44 " " 53.9 106.891 144•.30 "
H.A. Herd - 15 & 24 44 " of 2,32.1 451.506 oC9.26 2.625.0
W7,F, i?oble - 5 & 6 43 " " 100 198.333 267•.75 2,61775
Lire. I.N. Cole-7 Gc 8 43 It it 105.0 206,58 278.16 "
lZre. E.A. JT.cksvn,
(for, rly Urv.Jas.P. iuoore)
Lot 16 43 of to 225.6 438.567 592,20 2,:6250,
TOTAL FW, PROPEI;TY O`TrERS_---_------ 5267.591 0111.21
" n CITIZ Or PORT 'TORTH-------- 721a088 973.47
Gr,A!-!) TOTAL--------- 5988.650 §8084.66
' f
r �
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 the per-
sonal liability of the owner thereof, and secured by a lien upon the said property
superior to all other liens, claims or titles, except lawful taws; that the
amounts 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 assessment shall bear interest from the date of the said
completion and acceptance at the rate of eight (8) per cent per annum, and if not
,eth
er
when due, the said assessment and claim of personal liability shall be enforced,
, ther by the sale of such property by.tbe officer, and in the manner, as far as
an:lieatls, as sales are authorized to be made for nonpayment of City Taxes, as
prescribed 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 or whose property
the assessment is hereby made, shall not pay in full when due, the amount so assessed,
then, that the City shall issue to the said General Construction Company, the con-
tractor for the said improvement, assignable certificates against the owners of said
property so failing to pay such assessments, and against their said property, which
said oertifieates shall declare the said sums to be due and payable upon the com-
pletion and acceptance of the said work, and shall be payable to the said General
Construction Cam:pay, and shall state the amount due from each property owner and
hereby assessed agR nst has property and the rate of interest thereon, herein fixed
at eight (8) per cent per annum, and each certificate shall recite and declare the
fact that the same are secured by a lien against the property of such owner, and the
personal liability of such owner, and shall describe such property by number and
block, or by such other description as may identify the same with reference to any
other fact recited, 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 be sufficient to so state the fact.
Said certificates shall provide that if the amount herein declared shall
not be paid when due, that it shall be oollectibe with accrued interest, and with
court costs and attorneys fees, if same have been incurred, and shall recite that
the pro6eedings with reference have ^been-made '•r on1iar.os
with the terms of the said contract of the City of Fort Worth, and that all pre-
requisites to the fizin of the liens and personal liability, evidenced by such cert-
ificates, have been pe ormed. Said certificates 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 receipts for payment thereon, which receipts shall be evidence of such
payment, on any demand for same by virtue of the said certificate, or an indeppeend-
ent contract to pay the same entered into by the owner thereof, and shall pprrovide
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 BALLINGER STREET SPECIAL IITVVMZSTr
FUND No. 1, and that whenever any payment shall be made to the Tax Collector, it
shall be his duty upon presentation by the said Contractor, or the holder thereof, to
Indorse said payment thereon, and that the said Contractor or holder of such cert-
ifioate 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
thereon, and that said endorsement and credits shall be the Treasurer's warrant for
making such payment to the said Contractor, and that such payment be the Treasurer
shall also be receipt 0d for by tha zaid 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. 00lleetion, shall be paid in full.
Said 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 the same, but that the said Coma * holder thereof, shell
have the right to collect such cortifinatoa.as therein by the terms of the
;l.ar'.rr of the Ci'ty-of Fort 76rt'h, and that the said City of Fort Worth shall, when-
ever demanded by the said Company, or holder of said certificates, fully exercise its
Charter powers to enforce the 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.
5.
That this ordinance shall take effect from and after its passage.
I hereby certify that the above and foregoing ordinance was duly presented and
unanimously passed by the Board of Commissioners of the City of Fort ':!orth at a
session of said Board, held 'awsisdiar, Cotoberfqth, 1912.
Secretar,