HomeMy WebLinkAboutOrdinance 182 ORD INAN OR I( OJL/-
AW ORD INAB OR
assessing a portion of the cost of
improvement on Throekmorton Street
from Worth property line of Seventh
Street to the Worth property line
of. Belknap Street, against the owners
of property abutting thereon, and their
property.
BE IT ORDAI17ED BY THE BOARD OF COIKISSIOITERS OF
THE CITY OF FORT WORTH, THAT:
WHERrAS, on the fifteenth day of March, 1910, the
Board of Commissioners of said City directed the improvement
of Throckmorton Street from the north property lire of Seventh
Street to the north property line of Belknap Street, by rais-
ing, filling, grading and paving the same, and,
WHFRSAS, in accordance with said resolution, speci-
fiestions for said work were duly prepared by the City
hFn.gineer, and adopted by said Board of Commissioners, and,
WHEREAS, bids for said improvement were duly ad-
vertised for, as required by the City Charter, and,
MHEAS, said bids were received, opened and con-
sidered by the Board of Commissioners, and the bid of the
General Supply & Construction Company, a corporation. for the
improvement 4the said Throckmorton Street, was accepted by
the said Board of Commissioners, and,
WHERF�AS, the said General Supply & Construction Co.,
has entered into a contract with the City of Fort Worth, as
provided by the charter, for the improvement of the said street,
within the said limits, by raising, grading, and filling the
same, and by paving the same with 9itrified Brick pavement
' upon a five inch gravel concrete foundation, and,
WHMMS, the said company has executed its bonds
to the City of Fort WorthCfor the construetion thereof, in
' accordance with the said contract, and specifications, with
such surety as required by the said City Charter, which con-
tract and bond, with the sure ty there of, have been duly ap-
proved by said Board of Commissioners, and,
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WHEREAS, thereafter the City IRngineer of said
city filed his written statement with the Board of Commission-
ers concerning the said improvements, And the cost thereof,
as provided by Section 8, chap ter 14, of the Charter of the
said city, which statement was considered by the said Board,
corrected and approved, and,
WHEREAS, thereafter the said Board did, by resolution
of date, the loth day of June, 1910, find and declare the
necessity of assessing a portion of the cost of said improve-
ments against the owners of property abutting thereon, and
their property, and did prescribe a hearing of the said omers,
their attorneys, and agents, and fixed a date therefor and did
direct the said Secretary of the 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 therein pro-
vided, and,
WHEREAS, in accordance with the said resolution,
the said City Secretary did issue a notice of the said hearing
to the said property owners by publication thereof, for the
time and in the manner prescribed by the Bity Charter in the
Star-Telegram, a daily paper of general circulation in the
City of Fort Worth, for five (5) consecutive days prior to
the said hearing, and did also notify the said owners of the
said hearing, -es arrf°sue
by posting a copy of the said notice to each
N
of them at the post office, in the City of port Werth, Teals,
more than ten days prior to the date of the hearing; and,
WF7,REAS, the said hearing, in accordance with the,
said resolution and notice, was held by the Hoard of Commis-
sioners on the Slst day of June, 1910, at nine o'clock A.M.,
at which time and place, no owners of property appeared to
protest the said assessment , and the benefits of said im-
provement connected with the improvement of the mid Throck-
morton Street.
17CF, THERUCRE, BE IT FURTEER ORDAI M) BY Tn
SAID BOARD OF COTYISSIONERS AS FOLLOWS, TO-WIT:
1.
That the benefits to each Iarcel of property of
each owner hereinafter named in the enhanced value of said
property exceed in each case the amounts hereinafter assessed
against each owners and their property. And said bor-rd beviri@
considered the evidence and it appearing therefrom that the
str=et 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
unjwtly in particular; and that the apportionment and
assessment hereinafter made will effect substantial equality
%nd justice between property owners, having in view benefits
received by and burdens imposed upon such owners, and said
apportionment is hereby adopted.
2.
That there is , and shall be, assessed against each
of the owners of property herein below named, and against
several parcel& of property of the said ow-ners herein below
described, as their proper pro-rat& part of the cost of the
said improvements, the several sums of money set opposite
the names of the said owners and their said p rope rty . The
names of the said owners, and descriptions of the property
of each, and the total amount in money hereby assessed against
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eaeh one, ands his Woperty, being as follows, to-grit:
at, Der
Nwe, Block,'Lot and Addition- Frontage. yards. Cost. foot.
Mrs. A.J,-Roe, Its.1;'4, 151k. 106,.Ciftyy ad.......200 538.989 S 1,120.887 $6.6044
Halite D.BewIey et al., Its. 11, 12,blk. 107, City
addition . ................................100 269.444 960.443 5.6044
�gmax Well h, It.'R,blk. 107, City ad...........100 269.444 660.449 6.6044
Christian'Mu.rch,-It', Wk. 99; City ad........100 267,000 655.960 5.5536
Ben J. Tillar'6t el., It. 1, blk:99,�Ctty ad...r.,.100 267.000 655,360 5.5536
37r.J. R. Polldck, It 3,blk. 98, City ad.........100 267.000 555.360 5.5636
W. J. Boas,It. 2, WE. 98,.CitYy ad....,.._....,.100 267.000 555.360 5.5536
Mrs.$Ifaabeth,Loving,.It.5,blk, 82, City IL&.... 50.r 133.888 278.487 -6.6697
Ban J. Tiller et al.;Its. 0.7,.k Wk. 92,City ad..150 401.666 835.465 5.5697
.T, L. Johnson et al.,It.12,blk. 93,City act:..,,, 76 200�833 417.732 5.5697
It�e & Hammon, It. 11, 1 It. 9, bik. 88, Clty
addition . ................................ 75 200.833 417.732 5.6697
13:E. Neathery, % It, 9, Wk.-83;`City ad..,,.... 50 133.888 279.487 5.5697
Mrs.It"Loving and Wllblarn Crdswell;It. 4, blk.
,ft-€titT- addition...i................ .....100 264.222 549.581 5.4958
Tarrant Investment Co., It, 6, •T, blk. 76, City
addition . ................................ 60 132.111 274.700 9.4938
G.`A.James,It. 6, *-T,'4rlk. 75 City ad.......... 5D 132.11t 274.790 6.4958
J.f. Haverty, S. % It. 10,,b4 . 50,City,ad.,.... 50 132.111 274.790 9.4958
Adolphus Busch, It. 9, N. % It. 10,Wk. 50, Ctty
addition . ..................................150 396.333 924.372 6.4958
Neil P.Anderson,It. A. •T,blk. 44, City ad.....110 291.693 606.700 5.6154
E.D. Fortner,It 6,*&. Wk.44, City ad......... 60 159.100 830.928 5.6154
Lnsber&Mackett It.5, •T,b11� 44, City ad.... 60 132.583 275.772 5,5154
Joseph E. Cockr;5l and Edward Gray. Lt 10,
blk, 09, City addition.......................110 291.683 606.700 6.5194
�.:F, ]Eah, deceased,_I,t 11, �,; U. cizp Rd.110-.:.;2$1"
4 `4�4R_1 W:;...--,..-.loo- 28A ew ,v
Mrs.Mae Crenshaw, S. 'A it,1, bIL-19.City ad, 50 158."3 277.332 5.8466
1. O.O:F. No.261,N. ]/1 It. 1,VIL 19,City ad.. 60 133.3a3 271.332 5.5466
den Van Tu3,Ie, blk.48, City ad...............260 533.381 1,149.232 6.6466
T. G.-Hendricks,'1t-10, •T, b1k1 18, City ad.,... 76 202.341 490.981 5.5385
Nfrs.Madeline Shober,it.5,•T;,blk.18,City ad. 70 186.394 987.699 5.5385
Ciowdas,It.9, •T,bik. 1R.City ad........ 74 197.045 409.853 6.63R5
A.J'i'Sutler, U.,12, `T, Wk. 6;City ad....,.,...145 886.102 803.093 6.6396
Katherine B. Sherman et WI, S 28 ft. It. 9, -T,
Wk. 6, City addition...........I............26 •66.560 13s.4ru 6.6386
D.Brown, N.50 ft It.9,,•T blk. 6, City ad..... 50 138.189 276.927 5.5386
.F,Zurn, E. % It.4,161k. 11,trity ad.......100 294.055 590.834 5.9083
G:L. erlt.1,blk. iT; ty ad..............100 284.065 590,834 6.9083
Jno.A. ndell;bik. 5 City addition_._,.-,,,,,200 588.111 1,161.070 5.9083
G.W. 2,,Land Cil7 ad........ 24 66.652 198.636 5.7765
rell,'lt.3; Land"500.' City ed,...... 56 155.623 223.487 5.7766
Total-toe property owners................. 9,137.184 1118,797.326
Total for:City of Fort Worth.............. 3,069.410 6,351.605
Total for Citizens Ry. a,Ad Light Co....... 1,906.,044 4,090.371
Total for Northern Texas Traction Co..... 100.77T 209.615
Total . ............................... 4,167.616 $29,44'r.817
That the amount set opposite the name of 9ach 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 payable as follows,
to-Wit-
in full, within thirty days after the completion of
the mid improvement, in front of the property of each
respective owner and acceptanve tnereof by the said city.
3.
That the said assessment shall bear interest from
the date of the said completion and acceptance at the rate
'" of 8% 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 ne r,
as far as applicable, as sales are authorised to be made for
non-payment of City Taxes, as proscribed by the City Oharter,
' and general laws, or by suit to enforce the slid claim of
personal liability, or lien in any court having jurisdiction.
4.
That if any of the said property owmers, against
whom and his property the assessment is hereby made, shall
not peq in full when due the amount so assessed, then, that
6 the city shall issue to the, said General Dapply & Constri*ft oa
Company, the contractor for the said improvement , assignable
certificates against the owners of said property, so failing
to pay such assessments, and against their said property, 'which
said certificates shall declare the said sums to be due and
payable upon the completion and acceptance of the slid work,
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and shall be payable to the said General Supply & Construction
Company, and shall state the amount due from each property
owner, and hereby assessed a gai ns t 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 own Pr, and shall
describe such property by number and block, or by such other
dese iption as meq identify the same with reference to any
other faet recited, and by the name of the owner, and if then owner
is not known, and if the property is owned by an estate, it will
be sufficient to so state the fact.
Such certificate shall provide that if the amount
herein declared shall not be paid when due, that it shall be
collectable with accrued interest, and with Court costs and
attorney's fees, if sane have been incurred, and shall recite
that the, proceedings with reference to such improvement have
been made in compliance with the terms of the said contract
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 certifi.eates
shall be executed by the Mayor and attested by the City
Secretary with the corporate seal. $aid eartifieate shall
provide that the same shall be payable to the Tax Collector
of the• city, who shall issue his receipts for payment thereon,
which receip s shall be evidence of such payment, an any
further end for same by vtrttxe of the salt[ certificate,
or any independent contract to pay the same, entered into
by the owner thereof, and shall provide that the Tax Collect-
or shall deposit all sums received by him on said certificates
with the City Treasurer and the said City Treasurer shall
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keep the same in a separate fund, which fund is hereby
designated as the TSR MIORTOR STRFFT SPECIAL CERTIFICATE
FUND No. 1, and that whenever any payment shall be made to the
Tax Collector upon such certificate, it shall be his duty
upon presentation by the said contractor, or the holder tharsof,
to endorse said psVment thereon, and that the said contractor
or holder of such eartifirate, shall be entitled to receive
from the said City Treasurer theamount so paid upon the
presentation of the said certificate, credited with the /$mount
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 reesipted 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.
Such certificate 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 the same, but that the said company, or holder
thereof, shall have the right to co loot 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 deren ded by the said company, or holder of said
certificate, fully exercise this Charter power to enforce the
lien securing said certificate, and collect the same, but
shall not be liable in ey manner for failure to so co'.lec{
or enforce the lien thereof.
6.
That this ordinance shall take effect from and after
its passage.
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I hereby certify that the above and foregoing
ordinance was duly presented and unanimously passed by
the Board of Commissioners of the City of Fort Worth at a
I
session of said Board heldAA 1910.
City eretary.
(ff Y An� f
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