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HomeMy WebLinkAboutOrdinance 736 *#4,,ARY NO.14 r� AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.....GRAM,, ...______WKIM IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.._.8OUTR LINE OF..............._.1 ___.....__..__._._......................_.STREET,AND ITS INTERSECTION WITH THE......;1or-th._ LINE OF_._.._Central-_Arnnua-----------------------..2Y Elffi"AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the.................2111IL_..,._.._clay of_-.__.__-_Jk&V._.............., 191._4...., the Board of Commissioners of the said City directed the improvement of..._..0�'.:._AY.onum,...........................................Street between its intersec- tion with thin' +--line af__�_P c._.__,._ ,. ...._...Street with its-intersection with eAlad)i.--__....Jine-� of...-.!*#tal.._ATSAM4.........A%tmet; 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 s ere received, opened and considered by the Board of Commissioners, and the bid of the Texas it }tic Company? a corporation, for the improvement of the said portion of said Street, was mc�e ty said Board of Commissioners; and, WHEREA l s i Texas Bitulithic Company has entered into a contract with the City of Fort Worth, as pro d b he Ch , for the improvement of said street, within the said limits by rais- ing, grading, and fi mg the ai , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat• ; nd, WHEREAS, The , • Company ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in co da ce with the said contract, and specifications, with surety as required by the said City Cha r hi contract and bonds with the surety thereof, have been duly approved by the said Board missione ; and, WHEREAS, Thereafter, he City gi e of said City filed his written statement with the Board of Commissioners concerning the sa' i r e ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the sai d did y solution of date,the_-) th...dM of._.__.-July._..............___ 19124.._, find and declare the necessity of as si a portion of the cost of said iih*ovements against the owners of the property abutting there6n,Znd owners of street and steam railways thereon and their property and did prescribe a hearing the sai4,,6N ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se • ary said City to issue notice of the said hearing by advertisement, as provided by the said City or, 4analso by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, Secretary did issue a notice of the said hearing to the said owners by publication thene time and in the manner prescribed by the City Charter, in_...F't_..... orth_.li4.nnr1.__..__------------- --------._._.a dail apex of general circulation in the City of Fort Worth, for five (5) consecutive days pri to the s ring,and did also notify the said owners of the said hearing by posting a copy of the said noticsX e them, at the post office, in the City of Fort Worth,Texas, more than ten days prior to th a o t earing;and, WHEREAS, The said hearing in accordance with the olutio d notice was held by the Board of Commissioners on the.. day o . ........,at._...._o'clock._ atwhich time and place-------------------------------- _... - -- .... _.... ........ . . --------------- ---- --------------- ._..._...._..........- -------------------------- • ls- - - - --- - .. __ _...._.._.......-_...... _... ........._................._.........._...�_., _,_ �. .. �._-..._..._.......... _...._..._ owners, appeared to protest the said assessment and tNE benefits of said I ipixWement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: (1) That the benefits toeach parcel of abutting property of each owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assessed against such 1 owners and their property, and the said Board having considered the evidence and it appearing there- from 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 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 abutting 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: -�Contract awarded: July 15 1919. Pavement. .$2,70 i Contractor: Taxes Bitullthdc Co. Eirca-Lion .75 Pavement; Bitulithie. _ Gutter . ..•0 3 iL 3,x 920. PAVING ASSESSMENT FOR G14AND AVF.x M-BGDTH LINE OF PARR STREET TO SAE NORTH LINE OF CANTRAL AVAI - Front- Total xamm- Lot. Block. Additlou. mwg Rasa. Coat, D.0.Armstrong,W.L.Armstrong, 1 Loufe Armstrong, Arabia Arm- strong, Heartwell Armstrong, Gueeia Armstrong and Vel- Armstrong.north half of 12 end .11 f._ 18 110 Belmont Terrace.... 76 $4.54305 $340.73 F.W.Roaeon,-all of 11 and south half 1. . . .. 12 18o Belmont Terrace.... 75 $4.54805 $340.73 C. T. 9addleaom and Holland L. ( Saddleaom. . ................ 10 130 Belmont Terrace.... 50 $4.64305 $227.15 S. P. McPherson............... 9 139 Belmont Terrace.... 50 54.64305 $227.15 B,_ II. N>a, ,,,,,,,,,,,,,,,,, 8 130 Belmont Terrace _.• 60 $4.54305 3227.15 E. E Davie and EW Belle Davlw 8 and. ....,.............. 7 130 Belmont Terrace..,.100 $4.54305 $454.81 J. M. Hunnicutt, north hall of 4 and all of. _ 5 130 Belmont T--.,. 88 b4,64305 338616 J.R.Gaff mouth l�hl[ 4 ISO, ]dolma i SactLM .648Q6 $34073 North Fc�ft";+b'r'4'Ca�ta and V.W.Tucker,1 and...... 2 180 Belmont Terra©.,..100 $4:5 -. $464.31 W,E. Conn, north half of 10 and ' all oi. ........... It 181 Belmont Terrace.... 75 $4.5430,5 $340.73 T. N. Sanborn and NortL Fort Worth To-mite Co all of 9 and South halt of ., 10 181 Belmont Terrace.... 75 84.5 305 $340.73 Carl Wollner, north has or 7 and .- 8 181 Belmont Terrace..,, 75 $4L4305 $340.73 Grace Burkett,south halt of 7 and .11 of. ............. 6 181 Belmont Terrace,,.. 75 $4.64305 $340.73 Claude 9purlock b 181 Belmont Terrace.... 60 84.54305 8227.15 R. Johnson, north half of.3 and all f, 4 181 Belmont Terrace.... 75 $4.54305 $340.73 W.S.Alliston, south half of 3 end all ...... 2 181 Belmont Terrace.r,, 75 $4.54305 $340.73 S. Ferguson. .......,:. 1 131 Belmont Terrace,... 50 $4b4305 $227,15 John C. Hicks, 12 and........._ 13 132 Belmont Terrace....100 $4.54305 $464.31 D. M. Rumph ... r.... 11 1S2 llelmout Terrace.,.. 60 $4.54305 $227.18 J•A.Dryden and Grace E,Dryden, north half of-9 and all e1...,. 10 132 Belmont Terrace,... 76 $4.54806 tt345.27 E.E.Ylesco, mouth halVof 9 as all of. . .. - 8 182 Belmont Terrace,.... 76 14.54305 $346-27 1 Roy Vance. . .... :., 7 132 Belmont Terrace.... SO $42430 $227.15 C. L. Brawn ..... ....... ... 6 132 Belmont Terrace._.. 50 $4.54305 $22715 R. J, Vanham, all of 5 and north hall of. ... 4 132 Belmont Terrace.... 75 $4.54305 8340.73 W. E. Jary. all of 8 and aoath hatf of 4 192�fy►llr�/�l1'V �rr RIs7'9 s' � �� L.J. MCCartlyy. .._....,. 2 182 Balm -'t,TTbrrace.... 60, $4.54305 $227.16 C. W. Bramselton 1 182 Belmont errace.... 62 $4.54305 $286.24 Velpeaa Peacock,north 40;set of li and all of .. 12 133 Belmont Terrace.... 85 $4.54306 $388.16 W. L McCain Jr., South 10 Meet of 11 and all of ............. SO 183 Belmont)Terrace.... 60 34.54305 $272.59 W.Lake, 8 and ............... 9 183 Belmont Terrsoe,_.100 $4.54305 $454.31 S. D. Shannon ................ 7 183 Belmont Towage..::I" • 60 $4.b4905 $22T6 J.R.Roeeon,5 and ., 6 183 Belmont Terrace..,.100 $4.54306 3454 1 - J.w. Strain, north hall'Of'8 and all oi. . .................... 4 133 Belmont Terrace,r., 75 $4.54305 3340.73 T.H.Shaw (a wldowl,south hell of 3 and north S6 het of..... 2 138 Belmont Terrace.,,• 60 $4.64305 3272.58 Bra Lawmen, South 15 feet of 2 and all of,_ 1 183 Belmont Terrace.,,, 05 $4.64305 $296.80 7lelem B.&pggar3. ........,_,_,..6 _lla Belmont },0. Lmthicum • ,. :.. 6 113 Belmont Terrace.... 50 $4.6430a $327.1 5 G.C.Coolp end G.L.Gillepple.,• 4 113 Belmont Terrace... 60 $4.5430, $227.15 G. C. Cooley. . ................ 8 113 Belmont Terrace..., 50 $4.64305 $227.16 =- Harvey PPatton. ......... .... 2 Y19 Belmont Terrace...• 50 $4.54305 $22,715 John Alton. . ................. 1 113 Belmont Terrace.._. 34L$4.5430r. $150:74 F. C. Coleman. north 82 feet of Charlie's Subdivision west 140 feet of............ . 112 of Belmont Terrace. 62 $4.54305 $281,70 Dee S. Finley, north 52 feet Of Charlie's 5u1,divieim aonth 156 feet ............. 1 112 of Belmont Terrace. 62 $4.54306 $230.24 Cherlle'e Subdlviafom R.W.Bangle.myth 104 feet of.. 1 112 of Belmont Terrace.104 $4.54305 $472,49 North Fort Werth Towneits -tb• d E. Stattmpoht ... 11 111 Belmont Terrace.,,, 96 $4.54305 $486.18 8. R. Hord, all of 10 and north hall of. . 9 111 Belmont Terrace.... 76 34.54305 $340.78 A.G,Donovan,-nth half of S a� all lf. 8 111 Belmont Terrace.,., 75 $4.54805 $840.73 S.0.Burnett and Etta E.Burnett, 7 And north half of ......... 6 111 Belmont Tart-_.. 75 J4.64805 $340.73 H.L.McShane. all of 5 and month Ela C halt of Fay Young and... , 6 .211 Belmont Terrace.... 75 $4.64305 $340.73 Young, 4 and northhalf Of.,. 3 Ill Belmont Terrace..., 75 $4.54305 $340.73 F. J. Meehan, a11'of 2 and eolith half of, 8 Ill Be7mont Torrsce.... 75 $4.154305 $340.73 W,F. Payne. 4 111 Belmont Terrace..., 00.0 84.64305 $276.81 C. E. Birdsong (a widow)....... 11 90 Belmont Terrace,... 79.5$4.64305. $361.17 Douglas Woleqley and J.T.Farmer 10 00 Belmont Terrace..., 60 34-54305 $22716 Douglas w,rleeley and J.T.Farmer 9 00 Belmont Terrace._.. 52 $4.54305 $236.24 Douglas�Vseley end J.T.Farmer 8 00 Belmont Terrace.,.. 60 $4.54305 $227.1y§ J. W. Shoemaker - 7 90 Belmont Terrace..,, 50 $4.54305 $227A6 J.W.Shoemaker. ............. 6 90 Belmont Te¢ace,,,, 50 $4.64305 $22718 B.C.Dunlap. . ................ 5 90 Belmont Terrace.... be 84.64305 227.15 G. W. Moon _ ..... 4 go Belmont Terrace.... 60 $4.54305 S227,16 i W. S. James a'd'0.fl: lam' an of 8 and north ¢feet of..,.,. 2 00 Belmont Terrace.... 60 S4.64305 $254.41 A.T. Fry and ve Fry. South 44' feet of 2 and north 0 feet of... 1 PO Belmont Terrace..,. 50 $454305 $227.15 W.R.Roma and O.W,Reese,South 44 feet of................... 1 90 Belmont Terrace.,.. 44 $4.54305 $199,89 R. L. Bell 16 89 Belmont Terrace.,.. 50 $4.64305 $227.15 Be" DeForest and Nall DeForest.. 17 89 Belmont-Terrace..,. 50 $4.5430..5 $227.16. J. M. Sales. _...,....... 18 89 Belmont Terrace,.,, 50 $4.64305SA$A N. E. Roemer. - ..< ..., 19 89 Balment Terraya__...^50 $4.64906 $22716 63`£a�ogt Terrace..,. ..(S 155V "07, $227.18 r W.T.Chester,all of'21 and'north 20 feet of ................. 22 89 Belmont Terrace..., 73 $4.5,1305 $431.t41 Tom Fraglcr. 23.-24 and South 80 feet of. ., ......,,.. 2$. 89 Belmont Terrace....140 $4.54305 $686.03 G.E.L.B.-me,1�end.....,,, 2 89 Belmont Terrace....160 $4.54905 $681.46 TOTAL COST TO PROP14RTY OWNERS.............................. . .. $21,705.29 - TOTAL,C09T TO C1TY OF FORT WORTH............................ 4.260.00 GRAND TOTAL .............................................. $28,055,29 P_� VM�W,YONM 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 three equal instalments, one payable within 30 days after the date of completion of said work and its accceptance by the City, one within one year, and one within two years from said date of ac- ceptance, provided that said owners shall have the right to discharge any instalment before maturity by payment thereof with accrued interest. That default in the payment of any instalment of principal or interest upon said assessments when due as herein provided shall, at the option of said Texas Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole amount thereof,both principal and interest,which shall at once become collectible without notice. (3) That the said assessments shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessment and clz�m of nersnnal pliability shall be enforced, either by th _4f suci nronerty by the,officer and in the manner,as far as applicable,as sales are authorized,to be made for non-payment 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 the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against their said prop- erty,which said certific shall declare the said sums to be due and payable in instalments as herein provided after comp Feclatr`cZe a d acceptance of said work,and shall be payable to the said Texas Bitulithic Company, and sl a amount due from each property owner, and hereby assessed against his property, and t e anhereon, herein fixed at eight per cent (8%) per annum,and each cer- tificate shall recit an act that the same is secured by a lien against the property of such owner, and personal liabilA�yiden�� e owner, and shall describe such property by number and block, or such other description the same with reference to any other fact recited, and by the name of the owner an ' er 's t known, or if the property is owned by an estate, it will be sufficient to so state the fact. .11 Said certificates shall pr i hat if the mount therein declared or any instalment of principal or in- terest thereof shall not be pa when due the whole amount thereof shall be collectible with accrued interest, and with court costs, and r so a2torney's fees, if same have been incurred, and shall recite the proceedings with referen e s � provements have been made in compliance with the terms thereof and the charter of the Ci MIFort Wort ,\and that all pre-requisites to the fixing of the liens and personal liability, evidenced by c cert' a , have been performed. Said certificates shall be executed by the Mayor and attested by the ecretary with the corporate seal. Said certificates shall- provide that the same shall be payable to e ax Collect of the City, who shall issue his receipts for payment thereon, which receipts shall be e i nce of payment, on any demand for same by virtue of the said certificate, or any independent contra, pay gle same, entered into by the owner of property therein described, and shall provide t(at-E`he Tax o ctor shall deposit all sums received by him on said certificates with the City Treasurer and t"-- ty Treasurer shall keep the same in a separate fund, which fund is hereby designated as =d Avenue---------------............._.--_. ------------------------------- CERTIFICATE FUND Naw.._..__., and that whenev y paymexyt^!9ay be made to the Tax Collector upon such certificate, it shall be his duty on presentation Wt 2,0 id contractor, or the holder thereof, to endorse said payment thereon, and the con c o r older of such certificate, shall be entitled to receive from the City Treasurer the a o aid upon presentation of the said certificate, credited with the amount paid thereon, and t at aid en, rs ment and credits shall be the Treasurer's warrant for making such payment to the said co a r, and that such a payment by the Treasurer shall also be receipted for by the said holder�Rithcq!!�Ssaffiterest id Treasurer, or by the surrender of said certificate,when the principal thereof, toge r w and cost of collection, shall be paid in full. That said certificates may be issued, w' hereto attached evi- dencing the several instalments of principal and interest thereof, wh c c ons shall be executed and attested by the Mayor and City Secretary as are said certificates un t terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any instalment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer-as hereii- provided. 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 demanded 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. (5) That this ordinance shall take effect from and after its passage. \ I hereby certify that the above and foregoing Ordinance *1s�tly presented, passed and adopted by the Boa rd of Commissioners of the City 6f Fort Worth, Texas, at a Regular sessi n of said Board held July 27�th, A. D: 1920. James Liston, Jr., // ('a,, et6C a y