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HomeMy WebLinkAboutOrdinance 282 FORM-N0./14 AN ORDINANCE. WEST Assessing a portion of the cost of improvement on--.-,----- FIFTH 4�ect,in the City of Fort. Worth,Texas, between its intersection with the._WES.T—.dine of_.THROCKMORTON Street, and its intersection with the...EAST line of_ PitiT ..-...._.._—Street 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: WHEREAS,On the....__.__�Bt..__...day of __ April __ , 19_1_Z, the Board of Commissioners of the said City directed the improvement of _......_Test Fifth_..-,._-..__.._._....Street between its intersec- tion with the._._...R88t.-._.line of_.......ThrQ0LP!q tgftreet with its intersection with the—FAet.__._.-.line 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 ' u'th'c Company, a corporation,for the improvement of'the...._.......... fie 8 t Fifth 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 a , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founds ' nd, WHEREAS, The s d Compan ha executed its bonds to the City of Fort Worth for the construc- 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 bonds with the surety thereof, have been duly approved by the said Board oin- ission s and, WHEREAS, Thereafter, the City n e f said City filed his written statement with the Board of Commissioners concerning the s 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, 1�7HEREAS,Thereafter the said Board d' esolution of date,the-.alatrlay of... 1Tovemb®Y 19............. find and declare the necessity of a 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 n nd, 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 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 r ution and notice was held by the Board of Commissioners on the......._aA.th__day of..Dec ._.. __......._., 1 ...-.... ...., at-._........_.. o'clock a.'m., at which tfine and place _.._ m LBAh.Y-a2rs. L.Shorb-•klre, -tfre,Kll.ey�-Irlrs. J.A.. Tfhyt e-W.R.Parker-E.J.Beall-G.W.GrahamJ. C.Ri son Mehl-Sam Kaut- _.._....__..........__..._..._....-..... ................................_.._...................-.___-..----------------.......... ................__.. .......... ........................................----------------...... man-R-._G,Co.oper-T.JA3aae�7PinPiel3 Soott�C.T�McIn a .ti'riison_Mra, ..... _ ...... ... . -.........._._............. . Vir-g n_ a__L-yle.--Jno Fagan hlrs. Kate Wallace-J.H. i eralci-IRrs.Florenoe .........._ .. ................... . . ... ....................... ..... ............... p a it e.3�1I.Me a 41eka. Mrs. E.I. Chapman. owners of property,appeared to protest the said assessment, and the benefits of said improvement con- netted with the improvement of said .......West Fifth_.._..__...._...._ ,....... �tre� 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 hereinafter named in the en- hanced value of said property exceed in each case the amounts hereinafter assessed against such own- ers and their property, and the said Board having considered the evidence and it appearing therefrom �Shat the strict application of the front foot rule or plan, whereby each owner is to be assessed in pro- portion 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 property hereinbelow named,and against the several parcels of property of said owners hereinbelow described as their proper pro rats 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: r ti+ %00 7 A�2E. LOT BLK. ADDITI�--. rrTC;. SQYDS. ^OST PER FT. RATE. . . .. . . .. . . . ... . . . . ... . .. . . .. ..... ... . ... .. .. .. . . . ... . . . . . . .. . . .. . . .. . ... Ben J. Tillar & I.H. Burney. 4 83 CITY 100 218.111 f C55.31 1`4.5531 Cumb.'Presby.Ch. 3 82 " 100 218.111 455.31 it Ben J.Tillar & I.H.Burney. 1 99 " 100 218.111 455.31 " Beth 21 Con- gregation. ATj of 2 99 ^ 100 218.111 455.31 " Frank Bray. 4 81 " 100 220.888 461.10 4.5110 R.C.Rbesington 3 81 " 100 220.888 461.10 " Dr. E.J.Bell. 1&Z 100 " 200 441.777 922.20 " Winfield Scott, Dec'd i 3&4 80 " 200 430,666 890.02 4.4951 LSrs. 7'. A. Adams 1 101 ^ 100 215.333 449.51 " C.A;Rickman. E 451of 2 101 " 45 96.900 202.28 ^ Mrs.E. I.Chapman. V 55t of 2 101 ^ 55 118.433 247.23 " Mrs. Virginia Lyle 3 &4 67 " 212.6 165.591 971.92 4.5715 Jno Fagan. 6 67 * 81.5 176.673 368.81 4.5252 Mary Louise Shorb 1 102 ^ 59 139.931 271.23 4, 5971 let Preeby. Ch. 1 1 Rector's Add. 70 154.155 321.80 it Annie Shelton. 2 1 " ^ 51 111.348 232.44 4,5578 2rs; .T;J.Finnie 3 1 " " 49 106.221 221.74 4.5352 Mrs. 14A.Holloway 4 1 " " 100 216.777 452.52 " , Mrs.-L. Roble. 1 Z ^ ^ 50 106.656 222.67 4.4533 Ma G. Turner. 2-3 & 4 2 " " 150 320.000 868.00 " D.".EumphrIty. 4 7 J.P Smith ^ 115 245.333 512.13 " 1st'Bag,Ch. 5 7 it " 70.5 150.400 313.96 " Mrs. Florence Peak. 6 7 " " " 143 307.450 641.80 4.4881 idrs. M E.Kiley. 3 & E 1()ft lt4 8 J.P.Smith " 110 243.344 507.98 4.6180 u e o'F,U" g0fl_of 4 8 ^ ° 90 400.200 417.92 4.6435 -.L."impsom.Est 5 8 n " " 100 222.444 46 .35 ^ 6 8 " " " 55 122.344 255.39 " ;dts;E.C.Gates. 5-6& 7 3 Rector's " 150 331.833 892.70 4.6180 A.T.Fagan. 8 3 ^ ^ 50 110.611 230.90 " I'm Leahey. TTJ of -- 4 " " SOO 444.888 928.70 4.6435 :'eerie Collet & ::innie A.Beck. 1 9 J.P.Syr ith Add 50 110.722 231.13 4. 6236 F;L.Jaccard. 2 9 ^ " 50 110.722 231.13 ^ R.W.T ipton. 3 9 ^ " 50 110.722 231.13 ^ T H;Weeks. 4 9 " ^ 50 110.722 231.13 " F. Jaccard. 5& 6 9 " ^ 125 276.805 577.83 " Ism Leahe . 1 5 Reeton's " 80 177.155 369.81 " ' .C.W.Moxee 3 5 " " 50 110.722 231.13 :hre. Delia Messick. 5 5 " " 50 11".722 231.13 " :-iy Gulden & ids. ".F.Lowery. 6 5 " " 50 110.722 231.13 " Annie Riohen & '1ax Riohen. 7 5 " ^ 50 110.722. 231.13 ^ C.T.McIntosh. E 46 213' of N 120' of -6 6 " " 46-2/3 1 -,.348 215.74 " d. 53-1r'3 1 130 out of 6 6 " " 53-1/3 118.888 248.18 4,E389 .",a 'ehl. 1" 40' of 130' of 6 6 " " 40 88.888 185,55 ^ rs._ '"allace.'- 130'5 6 " " ' 50 111.111 261.95 " "'ells. N j 4 6 " " 65 144.444 301.53 " "„s s. S.F.Lana. Ili of 3 6 " " 65 144.444 301.53 " '.O'Reilly 1 6 * " 8" 1".777 371.11 " Hartshorn tros. 5-6 3 ,n 2a43t'a " 129 286.666 598. ': " ::artshorn Bros. 16 � 50 111.111 2.1.95 ^ J. Fitzgerald 15 A.Br nZ su' of r• n '7 dD I e A, 5^ 111.111 L31.95 4.^7,89 "cx�e. 14 db wun A 50 111, 111 -31.95 " ?Tli -:� ion. 13 " " " 50 111.111 271.95 " U :, Of 7 . .-.d 8 2 7 , Z 3t's 0 100 Lew. _..F, 467.-9 it r Name. Lot Blk Addition. Fntg. Sgyde Cost Rate per ft. . . . .. . . . .. . . .. .. .. .. . ..... ... .... .. . ... .. . .. .. . . . .. .. . ... .. .. . . . . . ... . W.R.Parker. 1 2 Van Zandt ldlW 100 222.222 $463.89 44,6389 Frahk MoGbee Lel,3,cl@ �at� �� " /*► - 52 115.555 241.22 " Sam ?Mufman 4e Abe 1 Garlock'e Add. 40 88.888 1$5.55 " G.N.Graham. 2 " TM 50 111.111 2-1.95 " R.L.Carlock. 3 " " 50 111.111 231.95 " W.G.Cboper. 4 ". ° 50 111.111 231. 95 " ",ors.Sadie Van- Cleve. 5 " " 50 111.111 231. 95 " C llie Conner. 6 " " 50 111.111 231.95 " R.L.C�Lrlock. 7-8-9-10 " " 274 608.888 1271.05 -" Klein Ault 11 " " 50 111.111 231.95 " J.A.Ault 12 " " 50 111.111 231. 95 " J.-.Tuoter. 13 " " 50 111.111 211.95 " R.E.M&Xwe11. 16 "" " 12.5 2".777 579.86 " TOTAL FOR PROPERTY 0rMS. .. . . . . . . . . .12167.721125,400.23 TOTAL FOR CITY OF FORT WORTH.. .. ... . . 2029.166 4,235.91 GRAND TOTAL . . .. .. . . 14196.887$29,638.14 �. 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, 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 said improvement, in front of the property of each respective owner and acceptance thereof by the said city. (3) That the said assessment 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 assessment 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 erty so failing to pay such assessments,and against their said property, which said certifi a eclare the said sums to be due and payable thirty days after completion and acceptance o s ork, and hall be payable to the said Texas Bitulithic Company,and shall state the amount due fro e:e!:ame ch p e owner, and hereby assessed against his property, and the rate of interest thereon, herein ' e t eigh er cent (8%� ) per annum, and each certificate shall recite and declare the fact that th is se a by a lien against the property of such owner, and personal liability of the owner, and shal e 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/owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide the a ou t therein declared shall not be paid when due, then it shall be collectible with accrued inter with court costs, and reasonable attorney's fees, if same have been incurred, and shall re 'te the procee 'ngs with reference to such improvements have been made in compliance with the ter there a the charter of the City of Fort Worth, and. that all pre-requisites to the fixing of the liens-and person liability, evidenced by such certificates, have been performed. Said certificates shall 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 recei. -, or payme"hereon, which receipts shall be evidence of such payment, on any demand for same by virtu of,� a'd certificate, or any independ- ent contract to pay the same, entered into by the owner h shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi to with t�y Treasurer and the said City Treasurer shall keep the same in a separate fund, which fun As reby designated as the............. Fifth Street 1 ......_._..............._..............._..............._....... CERTIFICATE FUND No.-.._ and that wlienEpald yment may be made to the Tax Collector upon such certificate, it shall be his duty upon pre the said contractor, or the holder thereof, to endorse said payment thereon, and that theholder of such cer- tificate, shall be entitled to receive from the City Treasurer the amoupon 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. 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. A 19 0 rdinance No.282. Cont'd. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed "and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held Saturday January 27th,1912. City ecretary.