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HomeMy WebLinkAboutOrdinance 465O R D I N A N C E N 0. � AN ORDINANCE ASSESSING A PORTION OF THE COST OF I12ROVEMEM OF BROADWAY F1101 TIL WEST PROPERTY LIiuE OF JENNINGS AVENEU TO THE EAST PROPERTY LINE OF RMTHILL STREET, AGAINST THE 011WERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. \Y B10. IT 01MAIMID DY TLM BOARD C;�' G'� Vii;:. =i3T.011i�:fiS OY T7•Ils CITY Cr i'v'RT fi10- 11T_1, T271Ai 3 WFIMREAS, on the 16th day of March, 1915, the Board.of Commissioners of said City directed the improvement of Broadway, from the west line of Jennings Avenue to the east line of Hemphill Street, by raising, filling, grading and paving the same-, and 'i HER AS, in aocordatnoo with said resolutiono specifications for said umr1k were duly prepared Fiy the t;ity'igieer, ari? neloptey ^caic3 marl oi' Cew�ai= •sio�t rsn and INIMPUS, bids for the said improvement were duly advertic ;od for, as required by the: City; Charter, and a'.M ;RT AS# said bids were received, opened and considered by the Board of aomm- issioners, and -1,ho bid of the+ Goneral Construction tlompany, a carpor€ation, for the in— provesment; of the said Broadway , wafl adoptod by the said Roard o? (;os_s�i,s donors, and 't HRRi AS, the -aid General Crean tructiov Company has entered into contr -act with the City of Fort. z orth, as '`i"�roviled by the (Niarter, for -1.111 ilP.pr ov•.g9nnt or the spad stremt, within the said li:-a ts, by raising, 'filling, grading,, and by pmv'inC the 63 i1ata with barr�adez 3ituiainous Cionc'r'ots 1.'ato-maent, and . 'SziER4}" , the said Company ha,:, oxecuted its bonds to the ,:.i r__ cif ii'Ckrt +`tort a fnr the consiruction. and '?fainteni uioa tg' 8re€�f, in ELGGor!d`� ace 'diti": thE7" °e^.�'xig. c+7ntrs2ct cYld spe oifications, with such suraty as Is required by the said City Charter„ Wi,.ch oon- traot; and bands# with the surotj thereof, have bee3in duly approved by tho said t7 of Goilzisssionerrs, and I'THE ENW, thereafter the City '.engineer of .said City filed ;sis vr•± - t.en sttitFr,: grit ir:ith the Board of Ooi:miasionc:rs concerning Vic. said iingirovenon-tu, can ;1 t'le cost Vrlereof as provided by `.eotion 6, 00b ptter 14 of the said City C'n arter, which 211,atmm.ont was consider od by the said . ?card, oorrected and approved, anal "s4lii,.t!�A a, thereafter the snid 2,oard ,did by resolution of date, '.;':ie � t�° Via,= of `,say,, 7.9 13, fin: tiT_Sf$ Gcl_3i Q tale TleGL'�Gi ty of c$ Cin� E 't7C ,. "it n of 'l;flcr CDv"� �t�' Said iinprC3ve.t_+.e*J't•s against the ©. lerc of property abutting t€ ereon 'all'id their property, and diCg Prescribe a bearUiL of the said ovaiers, their ati- >orneyr:, anT.1 a.-- 'tints, tied 'f:13CC' d a slate therefor and did direct the zeorotary of Vaid '.:its{ to iFfs,7..te Yibt.ice of s 1117e ='aid bearing by advert'i 5iF'nent, as° proviclod. by the City Charter, an also by .s oatin said notices as provrydod therein, rand i`AUTIt;A ;S, in accordance with raid re solLtion, the said Cit.l ''ecretmy did isme notioe of the said hearing to the, ^aid property o':rl?r8 by publioation tii.ryrxof, foi'• the time c3i7t:, in the rlaili'$+eT prescribed by the Ci'G, �t 03h arter, in -L 2L' �'.ta; "_T l°emr.- ; a Y:P.' =+' °- Pa E9r, Mein.. a rdail;y paper Of ' ener a1 oircul lt'i on iii the -, i2'; o ;' Jl iu ` +t7rf b, for g iv e (f3 eon seoutive days prior to the said hearing. rind did z*.0 oa notify t%l, : o.id ier s of the said hearing by r act7.ng Ca copj of the aid n�.oytica to each of t Zar, at Vic list Gffied in the :city of Port o"= th, Texas, more t ?,ti.l lien (10) ay +Fi prior to the rim - i77' f the hearing, and ;srHEREA`s`, the said hearing, in acoorlanoe with the seid r000llaticn and notice, was held by the Board of Commissioners on the 13th day of :;fay, i;a 7.. , at i' o ° oloc , a. na at Which •aims and place the f ulzlcr :ing owners of -property ap peared to protest ;fie said assessment, and the beriefitz of said i.aDrovement connected with the iiYrrov<3M ss7t of the said BROADWAY-. NOW, .l 1.; +7: ,�i. BE III' iT..R1 .!R z- (?�,,r. � Cn-igj,, rnJT a.r. RCr FOLL01 ,, 10- 10,71T. 1s That the beneritm to caola parcel of property of each ot"I'ler 1-hereinafter nrx-ed, in the enhanced value of said property, exceed in each oese the amounts hereinefter ass-, essed against such diners and their property. And the ollid f5oard having, coiisioered 1?le ovidenoe }rid it appem•ing t'herefro'm. that thn strict nxmlioation of the front foot rule or plan, whereby each o:mer in to by assessed in proportion as the :frontage of iii 7 property is to the whole frortelr,s Improved, would operate unjustly in partioulo.r, rr1:3 that i,`'i:? e2?3por tioP_':: ont, and aosesoment gheroinaf for rarade will c;, {_'fact fizibp.tant?.a ogpa,li y and justice between property O n rs,. h.'L'+; Y.n {' in vlet, tiv? bel7t§'L'7 is ra(, Aiv( -A Iny niita 1)urdezis ieg)w,'ed upon arch orn'lers, alld The 'aid dt7l:(3L't1.OP1Y'1•'Mj.; and a s.n,.,'';rmt: is 'ie-reby adopted. rs shat there is, and shall lee, atago ssed against each awne2r of i- roperty hereinbelow na'Zed, and a =gainst the - e3verca7. Parcels of pror,ierty of the said otrners heroir.be3.ow , described, as their proper pro -rata part of the cost of the said f: provements, the soveral ^umn of money set opposito the nsrme -. or the jaid Uanare and their pr€7;rlerty, Tile naume of the said owners and description of the property of oach, and the tctF.ai amount in money thereby assessed against each one, and his Pro7-orty, be'tnM Fie (NOTE:- Above descriptions taken from the Texas Title Company's yap). RATE PER N A hi E LOT BLit. ADDITION FNTG. SQ. YDS. COST FRONT FT. L. Bozeman, 4V.100 ft.of 15 36 Jennings So. 100 129.556 1;220.25 92.2025 Elizabeth Hibbard Eman Hibbard E. 50 ft.of 15 36 ° 50 64.778 110.12 it L. Bowman P. J. Connelly, 14 36 it 66 85.507 145.36 " Vd% E. Webb, 17 19 " 50 64.778 110.12 " 1aurice Apartment Co., Inc. 18 19 it 50 64.778 110.12 " C.B. Overstreet & birs. C.B.Overstreet, 19 19 It 50 64.778 110.12 " miss Liaggie Overstreet, 2.0 19 If 50 64.778 110.12 R. L. Carlock, 21 19 " 50 64.056 108.90 ;2.1780 11. Plangman, 22 & 23 19 " 110 139.333 236.87 9"2.1533 Z. Boaz, S.1 of 24 19 " 100 126.667 215.:53 " Carl G. Smith Mrs.C'i.G.Smith, 6 36 " 91 115.267 195.95 " J. B. Gray, V -1. 35 ft. of 5 36 it 35 44.333 75.37 if Z. Boaz, E. 90 ft. of 5 36 if 90 114.000 193.80 It TOTAL FOR PROPERTY MUERS,, - - - - - - - - - 1142.609 1,942.43 TOTAL FOR CITY OF FORT WORTH - - - - - - - - 77.801 132.26 GR PFD TOTAL, - - - - - - - - - 1220.410 g1 2,074.69 (NOTE:- Above descriptions taken from the Texas Title Company's yap). 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 upon 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 passable 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 City. 3. That the assessment shall bear interest from the date of the said completion and acceptance at the rats 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 authorized to be made for nonpayment of City :faxes, 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 that 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 (3) per cant per annum, and each certificate shall recite and declare the fact that the sae 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 sane with reference to any other fact recited, and by the page of the owner, and if the owner is not ,mown and if the property is, ownnel 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 he 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 tp1e liens and personal liability, evidenced by such certificates,.have been performed, 91- Raid certificates shall be executed by the Yayor and attested by the City Secretary with the corporate seal. Said certificates shall provi::le that the .same shall be pay- able to the Tape Collector of the City, who shall issue his receipts for payment thereon, which receipts shall be evidence of such payment on any de.a-nd 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 Taw. 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 MAIM SPECIAL IMPROVAUAT FUND O. 1, and that whenever any payment shall be made to the Tax Collector, it shall be his duty upon presentation of the certificate by the said Contractor or other holder thereof, to endorse raid 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 roceipted for by the said holder 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 A rth 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 ?gave the right to collect such certificates as therein provided by the terms of the Charter Of the City of Fort 'North, and that the said City of Tort A rth shall, whenever demand- ed by the said Contractor or holder of said certificate, 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 fore - -going Ordinance was duly presented and unanimously passed and adopted by the Board'of CowAssion- ers of the City of Fort Worth at a. session oft ssaaid oar 'old Tuesday UlaylBth, 1915. f n�r ui-cy becrezary. I/