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HomeMy WebLinkAboutOrdinance 1655 Form 14 AN ORDINANCE (p REASSESSINO A PORTION OF THE COST OF IMPROTEMENT ON BRYAN AVENUE IN THE CITY OF FORT WORTH, TERAS, 5rYNE24 ITS INTZRSZ(;'1'ION WI'iH 1-HE SOUTH LINE OF BEWICK STREET AND ITS,INTZ=CTION,WITH THE NORTH LINE OF BIDDISON STREET, BE IT ORDAINED BY THE MY COUNCIL OF THE CITY OF FORT WORTH, SAS, THATI WHIREAS, The City Council of the said City have heretofore directed the improve- ment of said street as above described by raising, grading, filling and paving same; and ;9HEREAS, In accordance with said resolution, specifications for said work were duly prepared by the CityEngineer, and adopted-by the City Cesweil; arid, WHEREAS, Bids for said improvements were duly advertised for, as required by the City Charter; and, WHMAS, Said bids were received, opened and considered by the City Council, and the bid of the West Texas Construction Company, a corporation, for the improvement of the said portion of said Street, was accepted by the said City Council; and, MZREAS, The said nest Texas Construction Company has entered into contract with the City of Fort Worth, as provided by the Charter, for the improvement of said street within said limits by raising, grading and filling the same, and by paving the same with 2-inch Coarse Aggregate Bituminous Concrete pavement with 6-inch Concrete founda- tion; 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 speci- fications, with surety as required by the said City Charter, which contract and bond with surety thereof, have been duly approved by the City Council; and ---=AHERE", Thersaftar,_the City Engineer of said City filed his written statement with the City Council of the said City concerning said improvements and the kost there- of, as provided by the Charter of the City, which statement was considered by the said City Council, corrected and approved; and ='fHEREQ+S, Thereafter the said City Council did by resolution of date the 2nd day of January , 19 30 , find and declare'the necessity of reassessing a portion of the cost of improvements against the owners of property abutting thereon, and their property and did prescribe a hearing of the said owners of their attorneys and agents and fixed a date therefor and did direct the said Secretary of said City to issue notice of the said hearing by advertisement, as provided by the said city Charter and also by posting said notices as provided therein, and, WHEREAS, In accordance with the said resolution the City Secretary did issue a notice of tha said hearing to the said property owners by publication thereof, for the time and in the manner prescribed by the City Charter, in the Fart Worth Press , a daily paper of general circulation in the City of Fort Worth, Texas for five 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 Poet Office in the City of Fort Worth, Texas, more than ten 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 City Council on the 22nd day of Janmry T 30 s at 960 a'clock,___At N., at which time and place owners of property, appeared to protest the said reassessment, and the benefits of said improvement connected with the improvement of said street. NOW, THEREFORE, Be it further ordained by the said City Qouncil as follows, to-wits- (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 reassess- ed againat such owners and their property and the said Uouncil 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 reassessed in proportion as to the frontage of his property is to the whole Crontage improved, would operate unjustly in particular cases and that the apportionment and reassessment hereinafter made will affect substantial equality and justice between prep%fty-owners, having in vier benefits received by and burdens imposed upon such owners, and said apportionment is hereby adoptea. (2) 7h at there is, and shall be reasaeased against each of the owners of property hereinloelow named, and against the several parcels of property of said owners here- inbelow 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 name of the amid a+rners, and descriptions of the property of each, and the total amount in money hereby reassessed against each one, and his property, being as follows, to-wits- Paving Assessment for BRYAN AVENUE, from the South line of csewick Street to the North line of Riddiaon. Street------------------------------------------Fort Worth Texas, Contract.Award s 10-114,7. Price Bid. Contractors West Texas Construction Co. Pavement, per sq. yd.-----------------$2.43 Pavements2" Coarse Aggregate Bit. Cone. Curb, per lin. ft.-------------------- .30 Gutter, per sq. ft.------------------- .25 For Combined Curb and GutTe`r, per 1Mear food--------------------------------- .u0 For Earth Excavation, per cubic yard-------------------------------------------- .40 Lor Hock 1xcavation, per oubic yard- - ---- -- .40 SITE PER. TOTAL H A M & LOT BLK. ADDITION FKW. IXT.FOOT COST Esta:Le of Arthur W. Hackley,(Deceased), Effie Hackley,(widow), Dwight Hackley,Oscar Hackley and all unknown heirs of Arthur W.Hackley, (Deceased)------------------4 59 nyan Pruitt 50 ft. $4.45515 4222.91 Estate of Mrs.M.B.Fairley, (Deceased),M.B.Fairloy, F'rankie May Brown,(minor), Fred Brown,Guardien for Frankie May Brown,(minor), and all unknown heirs of Mrs.M.B.Fairley,.(Deceased)»3 59 " 50 ft. " 222.91 FORM No. 14—Continued. re That the amount set opposite the description of property above 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, an against his or her property, above, shall be payable as follows, to-wit: In six equal installments, one,payable within 3 0 days after the date o�-ee k and its and the remainder in five equal annual installments thereafter,provided that said owners shall have the right to discharge any installment before maturity by payment thereof with trued interest. That default in the payment bf any installment of principal or inter- est upon said�Aessments when due as herein provided shall at once mature the whole amount there- of, both principal and interest, which shall at once become collectible without notice. (3) ih l _mp,jnteregt .from .he date of the said completion and c- ceptance at the rate of 8 per cent per annum, payable annually, and i -nod paid when due t e sae as sessments and claims 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 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 contractor, for the said improvement assignable certifi- cate against said property and the owners thereof, which said certificates shall declare the said sums to be due and payable in installments as herein provided after completion and acceptance of said work, and shall be ayable to the said contractor, and shall state the amount due from each property owner, and herebyf assessed against his property, and the rate of interest thereon, herein fixed at eight per cent (817c) per annum, payable annually, and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner, and personal liability of the owner, and shall describe such property by number and block, or such other 0—escription as may identify the same with reference to any other fact recited, and by the name of the Towner, and if the owner is not known, or 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 therein declared or any installment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with accrued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and shall recite that proceedings with reference to such improvements have been made in compliance with the terms thereof and the Charter of the City of Fort Worth, and that all prerequisites to the fix- ing of the liens and charge of 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 certificates shall provide that the same shall be payable to the City Assessor and Collector of the City, who shall issue his receipt for payment thereon,which shall be evidence of such payment, on any demand for same by virtue of the said certificate, or any independent contract to pay the same, entered into by the owner of property therein described, and shall provide that the City Assessor and Collector shall deposit all sums received by him on said certificates with the City Treasurer, and the said City 'Measurer shall keep the same in a separate fund, which fund is hereby designated as the-----. BRYAN AVXNU ----------------------------CERTIFICATE FUND No....____ .,___ ___., and that whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder thereof,to endorse said payment there- on, and the contractor or holder of such certificate shall be entitled to receive from the City Treas- urer the amount so paid upon presentation of the said certificate, credited with the amount paid there- on, 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 ley the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. That said certifi- cates may be issued, with coupons thereto attached evidencing the several installments of principal and interest thereof, which coupons shall be executed and attested by the Mayornd City Secretary as are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at- tached to said coupons may be facsimile signatures stamped,engraved or printed thereon. Upon pay- ment of any installment evidenced by a coupon, such coupon shall be credited by the City Assessor and Collector and surrendered to the City Treasurer as herein 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 en- force the lien securing the said certificate, and collect the same, but shall not be liable in any manner for failure to so collect or enforec the lien thereof. (5) That this ordinance shall take effect from and after its passage. ORDINANCE Dare------ ------ r- �'" v - Filed_—.�t✓ �/�i t ,--- -— day of 19 _ City Secretary