HomeMy WebLinkAboutOrdinance 534 O R D I N A N C E N 0. L5
AN ORDINANC^
ASSESSING A PORTION OF THE COST OF IMPROV!WTNT
OF GRAINGER STREET, FROM THE SOUTH PROPTRTY LINE
OF ROSEDALE STREET TO THE NORTH PROPERTY LINT OF
MAGNOLIA AVENUE, AGAINST THE OIINERS OF PROPERTY
ABUTTING THEREON AND THEIR PROPERTY.
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B?' 17 TMATF D BY THE BOARD OF 0OMMT9STON7RS OF TH5 CITY OF FORT WORTH, THAT:
WHEREAS, on the llth day of July, 1916, the Board of Commissioners of said City
directed the improvement of Grainger Street, from the south line of Rosedale Street
to the north line of Magnolia 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
WHEREAS, said bids were received, opened and considered by the Board of Comm-
issioners, and the bid of the General Construction Company, a corporation, for the
improvement of the said Grainger Street, was adopted by the said Board of Comm-
issioners, and
WHEREAS, the said General Construction Company has entered into contract with
the City of Fort Worth, as provided by the Charter, for the =mprcvr-r^ert of the gaid
street, within the said limits, by-raising, gilTing, grading and By pavinP -the same
with Asphalt Niaoadam Pavement, and
WHEREAS, the said Company has executed its bonds to the City of Fort Worth for
the construction and maintenance thereof, in accordance with the said contract and
specifications, with such surety as is required by the City Charter, which contract
and bonds, 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 8, Chapter 14 of the said City Charter, which statement was
considered by the said Board, corrected and approved, and
WHEREAS, thereafter the said Board did by resolution of date, the 29th day of
August, 1916, 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 Secretary of said City to issue notice of the said
hearing by advertisement, as provided by the City Charter, and also by posting said
notices as provided therein, and
WHEREAS, in accordance with said resolution, the said City Secretary did issue
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 Fort Worth Record,
a newspaper being a daily paper of general circulation in the City of Fort Worth,
for five (5� consecutive days prior to the said bearing.. And-Aid_glsa-notify the said
owners of the said hearing by posting a copy of the said notice to essh-of-' ! at
the Post Office in the City.of Fort Worth, more than ten (10) days prior to the date
of the hearing, and
WHEREAS, the said hearing, in accordance with the said resolution and notice
was held by the Board of Commissioners on the 12th day of September, 1916, 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 w th the im-
provement of the said GRAINGER.STREET:
NOW THEREFORE BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS, AS FOLLOWS:
1.
That the benefits to each parcel of property of each owner hereinafter named, in
the enhanced value of said property, exceed in each case the amounts hereinafter ass-
essed against such owners 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 proportion as the frontage of
his property is to the whole frontage improved, would operate unjustly in particular,
and that the apportionment and assessment hereinafter made will effect substantial
equality and justice between property owners, having in view the benefits received by
and burdens imposed upon such owners, and the said apportionment and assessment is
hereby adopted.
2.
That there is, and shall be, assessed against each owner of property hereinbelow
named, and against the several parcels of property of the said owners hereinbelow
described, as their proper pro-rats. 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:
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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 personal liability
of the owner thereof, and secured by a lien upbn the said property superior to all
other liens, claims or titles, except lawful taxes. That the amounts payable by each
owner and assessed against his or her property, above, shall be payable as follows:
In full within thirty (30) days after the completion of the said improvement in
front of the property of each respective owner and acceptance thereof by the City of
Fort Worth.
3.
That the assessment shall bear interest from the date of the said oompletion and
acceptance at the rate of eight (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 manner as far as applicable, as sales are
Zeuthorized 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 ass-
essment is hereby made, shall not pay in full when due, the amount so assessed, then
the City shall issue to the said General Construction Company, the contractor for the
said improvement, assignable certificates against the owners of said property so
failing to pay such assessment, and against their said property, which said certificates
shall declare the said sums to be due and payable upon completion and acceptance of
the said work, and shall be payable to the said General Construction Company, and
shall state the amount due from each property owner and hereby assessed against his
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 collectible with accrued interest and with court costs
and attorney's fees, if same have been incurred, and shall recite that the proceedings
with reference to such improvements have been made in compliance with the terms of the
said Charter of the City of Fort Worth, and that all prerequisites 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 corporate seal. Said certi21cate*._sha..1 prouidie that tha same shall be pay-
able 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 certificates, or any independent contract to pay the same entered into by the
owner thereof, and shall provide that the Tax Collector shall deposit all sums received
by him on said certificates with the City Treasurer, ani the said City Treasurer shall
keep the same in a separate fund, which fund is hereby designated as the GRAINGER STR7RT
SPECIAL IMPROVEIVAT FUND N0, 1, and that whenever any payment shall be made to the
Contractor or other holder thereof, to endorse said payment thereon, and that the said
Contractor or other holder of such certificate 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 credit shall be
the Treasurer's warrant for making such payment to the said Contractor, and that such
payment by the Treasurer shall also be receipte3 for by the said holier in writing to
the said Treasurer, or by the surrender of said certificate, when the principal
thereof together with all accrued interest and cost of collection 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 collect-
ing or enforcing the same, but that the said Contractor 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 demand-
ed by the said Contractor 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 and adopted by the Board of Commissioners of the Cit
of Fort Worth at a regular session of said Board held Tu sday, Sept, 12th,
A. D. 1916.
City Secretary.
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