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HomeMy WebLinkAboutOrdinance 454 FORM No. 11 ' ,cat-� �• �'t AN ORDINANCE. Re—Assessing a portion of the cost of improvement on........T.$z1.a_r.___.____._.......-___Street,in the City of Fort Worth,Texas, between its intersection with the......_Southline of................BOZ_. PLAX...__......._..._Street, and its intersection with the NPM.............line of.SAP 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: ■,r WHEREAS,On the..........aN.t.h.._.....day of..........XR..T.........___ ., 191ra_.., the Board of Commissioners of the said City directed the improvement of ...._...._.._T.ijT*X__................_._.._-_.___.. -Street between its intersec- tion with the th..._.li�nea o by raising, with its intersection with the__N9;!k._.._line of..._�:At..R-I.._Right...Of._. 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 bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas ' uJih Company, a corporation,for the improvement of the........................................-.-_......... .......... t -as accepted by said Board of Commissioners;and, WHEREAS, s d Texa 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 th sa , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founda ' n• nd, WHEREAS, The sad Compan a executed its bonds to the City of Fort Worth for the construe- 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 bands with the surety thereof, have been duly approved by the said Board ommissio and,n s WHEREAS, Thereafter,the City 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 it statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the said Boy} d' ,b esolution of date,the...44.day 191.5...., find and declare the necessity df se ng a portion of the cost of said improvements against the owners of the property abutting there n, nd their p erty,and did prescribe a hearing of the said owners, their attorneys,and agents, and fi a date er or and did direct the said Secretary of the said City to issue notice of the said hearing by a rt' ement, as provided by the said City Charter, and also by posting said notices as provided the WHEREAS, In accordance with the said solution, 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 The Star-Telegram, a'. paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to e aid hearin d did also notify the said owners of the said hearing by posting a copy of the said notice to eac f e , at the post office, in the City of Fort Worth, Texas, more than ten days prior to the date th ar g; and, WHEREAS, The said hearing in accordance with t a' r ution and notice was held by the Board of Commissioners on the.......1_.8f.k_.........day of..._..Ur_C..... . _........, 1 _.. ._, at.__ _.._. o'clock a. m., atwhich time and place _...................................._................................_............_........_..........-.....-- ------- --.................._..............._.._......................._...................... owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected with the improvement of said_................. $�1 __......_._......._....-........_.__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 het�ee after named in the en- hanced value of said property exceed in each case the amounts hereinaftervossessed against such own- ers and their property, and the said Board having considered the evidence and it apppeicx'ing therefrom that the strict application of the front foot rule or plan, whereby each owner is to b&'dssessed in pro- portion as the frontage of his property is to thee hole frontage improved,would operate unjustly in particular cases and that the apportionment and`Xssessment 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 41 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 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: 1 � ' nux LOT BLI 1"!'ION FNTG COST RATE PER IT, F.A.For ad 7-T 44 City 10 45.93 04. 5925 J.T.Rogers 4 9 Hirschfield 100 462.73 4. 6273 First M.E.Churoh- Trustees 11-T 7 " 133� 539.79 4.0358 First Christian Church-Tsustees 3 99 City 100 455.77 4.5577 G.A.Hollingsworth S. 67' of 5 9 Hirschfield 67 310.03 4.6273 Yyrtle.B.Andrews 4 62 City 110 512.83 4.6621 tre.W.H. Davis 3 A 8. 101 of 2 3 Hirschfield 110 483.49 4.3953 Willie Y.Berry H.F.Brown Guardian of estate NJ of lot 2 & of Millie Y.Berry,Hays Yates N 116 of lot 3 Fannie Yates,Lillie Yates otherwise known 65 300.02 4. 6157 as lot 8,Block 4 Hirschfield Add. 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, andr✓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 sairds.ssessment 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 enforced, 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 of personal liability, or lien in any court having jurisdiction. (4) That if any of the said property owners, against whom and whose property an•lssessment 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 d petty so failing to pay suclwassessments,and against their said property, which said certifi e eclare the said sums to be due and payable thirty days after completion and acceptance o s, ork, an shall be payable to the said Texas Bitulithic Company,and shall state the amount due fro each pp,' e owner, and hereby�ssessed against his property, and the rate of interest thereon, herein ' e t.eigh er cent (8O/o) per annum, and each certificate shall recite and declare the fact that th ame is se a by a lien against the property of such owner, and personal liability of the owner, and shal a 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 �ifi�wned by an estate, it will be sufficient to so state the fact. �a_lf"th,� Said certificates shall provide a ou t therein declared shall not be paid when due, then it shall be collectible with accrued interd with court costs, and reasonable attorney's fees, if same have been incurred, and shall refit the procee-ngs with reference to such improvements have been made in compliance with the ter thereof'and the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lien a�'perso liability, evidenced by such certificates, have been performed. Said certificates shall a 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 receipts. or paym�W$hereon,which receipts shall be evidence of such payment, on any demand for same by virt of I d certificate, or any independ- ent contract to pay the same, entered into by the owner lh pd shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi l ith tlye�ty Treasurer and the said City Treasurer shall keep the same in a separate fund, which fund,is hereby designated as the_-..- Tayfor-.,0.1Rrr.mot................ CERTIFICATE FUND No.._.__..,and than wlieneve ny'P�yment may be made to the Tax Collector upon such certificate, it shall be his duty upon pre nt li° the said contractor, or the holder thereof, to endorse said payment thereon, and that the hox{#&�tor or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amouI 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. i 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. (5) That this ordinance shall take effect from and after its passage. Ordinance Ne.454. Cont'd. I hereby certify that the above and for@ geinr Ordinance was d$ly presented and unanimously passed and adopted by the Board of Commissioner* of the City of Fort Werth at a session of said Board hold Tuesday March 16th,1915. City Secretary.