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Ordinance 1382
►r •i i } r FORM No.ll. AN ORDINANCE e.SSESSING NORTH VAI"T qT= � PF HE COST OF IMPROVEMENT ON_____________________________________ _._.._______� IN THE CI OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE North __ OF._PAT)TMK VI 1PUCT ...___1 AND ITS INTERSECTION WITH THE �+ - . __3Ql�thl_____.LINE OF__N9rth--__TwPl#th.Str2et AGAINST THE OWNERS OF PROP- ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAILWAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, Heretofore, the City Council of the said City directed the improvement of._NOrth--- _.............___-•-_•__-_-_�_�in.__._ .__........._between its intersection with the__�ort�t ----Nhe of__PsddQck _Ugd t_______-with its intersection with the___$q!Q! -----------line ofNo Tth-Twelfth__ St by - WHEREAS, In accordance with said resolution, specifications for said work were duly prepared by the City Engineer, and adopted by the City Council; and, WHEREAS, Bids for said improvements (were duly advertised for, as required by the City Char- ter; and, WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of -�V en@ Ashe Electric Op. _-------------------------- for the improvement of the said portion of said Street, was accepted by said City Council; and, WHEREAS, The said... -_.Go---------------has entered into a contract with t e Q y of Fort Worth, as provided by the Charter,for the improvement of said street,within the said eta[3ic�awo� o�xi�ex�auve �s�ic®cid�x�ea�i�x---coz�atr-u�t-iag---a----- 1i6htin� system jr="Ira K30tk----------------_----- ---._ _ few; and, WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in accordance with the said contract, and specifications, with surety as required by the said City Charter, which contract and bonds with the surety thereof, have been duly approved by the said City Council; and, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the(City Council concerning the said improvements, and the cost thereof, as provided by the Charter of the City,which statement was considered by the City Council, corrected and approved; and, V,'Ili.PEAS,Thereafter the said City Council did, by resolution find and declare the necessity-of assessing a portion of the cost of said improvements against the owners of the property abutting there- on, and owners of street and steam railways thereon and their property and did prescribe a hearing of the said owners, their attorneys, and agents and fixed a date therefor and did direct the said Secre- tary 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 provided therein; and, WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the said hearing to the said owners and all interested parties by publication thereof, for the time and in the manner prescribed by the City Charter, in........The--- ......_..................._... a daily paper of general circulation in the City of Fort Worth, for five ($)Lonsecutive 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 post 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...._..14--------day of----___ret2r_llRry----------------, 192--6.... at-------9130)'clock----------�:.M., at which time and place--------------------------------- ------------------------------- ------------ ..- e - - - owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows, to-wit: (1) That the special benefits to each parcel of abutting property hereinafter mentioned in the enhanced value of said property by mean of said improvements exceed in each case the amounts here- inafter assessed against such property and the owners thereof and the said City Council having con- sidered the evidence and it appearing therefro that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits re- ceived by and burdens imposed upon such owners, and said apportionment is hereby adopted. (2) That there is, and shall be, assessed against the several parcels of property hereinbelow de- scribed and against the owner thereof as their proper pro rata part of the cost of the said improve- ments, the several sums of money set opposite the description of the respective parcels of property. The name of the said owners, as far as known, and descriptions of the parcels of property, and the total amount in money hereby assessed against each parcel of property and the owner thereof being as follows, to-wit: Assessment for NORTH MAIN STREET WHITEWAI SYST91. from S.B.lins of Lot 16, Block: 5, to the S.B. line of Twelfth 6treet , Nortb Fort Worth Add t o - - - - Fort Worth.Texas. oUtTaO w Awarded.,• Contractor: Eugene Ashe Electric Co. Contract Ft. RATE PER -TOTAL N A M F., LOT BLP, ADDITION FNTG. FNT.FT. COST ontinenta Supply Co------------16 to 24 5 NORTH-FT.WORTH 225 $2.6456 $ 595.29 Mary W.Hicks,surv. wife of Caas.E. Hicks deacd.- 1 to 24 9 TM 600 " 1587.36 R.A. 6tuart---1,2,3& 4 22 TM 100 TM '264056 R.B. Buie-----5,6,7& 8 2$. " 100 " 264.56 Stock-yards Nat'l* Bank---- 8,10,11 &12 22 TM 100 " 264.56 C.O. Romirger & 1;.V. Rominger (widow; of W.I.0.Rominger,desed. ), each undivided z interest in-- 13-t0.24' 22 " 300 " 793.68 S.C.Cunningham-1,2,3&4 27 " 100 " 264.56 S.C.Cunn ingham--------5 & South 232 ft. of-------6 27 " 48.5 " 128.31 S.C,Otinn ingham, und.i interest; M.A.Peck &. H.L. Blackburn, each und.1 int. in N.18----6 27 " 1.5 TM 3.97 M.A. Peck & H.L. Blackburn-----------? 27 " 25 TM 66.14 S. C.Cunningham-8,9,10 & 11 27 " 100 " 264.56 Joseph B.Googins, Estate-------------12&13 :27 TM 50 " 132.28 U rs.Ca lie E.Combs, (widow---------14 & 15 27 It 50 16 27 " 25 " 66. i4 Mrs. F.B,White-17 & 18 27 " 50 TM 132.28 B.W. Lafferty--19 & 20 27 " 50 " 132.28 H.F. Spelman---21,22, - 23 & 24 27 " 100 " 264.56 W.L. Gatlin,Jr.,--1,2, 3,4,5 & 150 " 396.84 L.M. Berry--------7,8, 9,16,11 &------------12 36 " 150 " 396.84 M rs.Ada C.Alvord--13, 14,15 &------------16 36 " 100 " 264.56 Mrs.Ada C.Alvord----17 36 " 50 " 132.28 C.A. Laramore-------Part of F.G.MULLIKEN SURVEY. Beginning at stake which is lo- cated by commencing at N.W.corner of Blk. 39 of No.Ft.Worth,as appears in Book 63, p.149.. ..and running 5.30 E.along E.line Main St. ,687 ft.;thence 5.60 W.100 ft.. thence 11.30 W.along W.line Main St. ,176.8 ft.; thence 5.60 W. 200 ft. ; thence along said N.line in S.E.direction on a curve to right with a radius of 536 ft.,265.9 ft, to beginning•- 170.8 " .451.87 E.H. Beall--�----- part of F.G.MULLIKEN SURVEY. Beginning- at.. a stake in the W.line of No.Main St. 516.2 ft. 5.30 deg.east & 100 ft. S. 60 W. of the N.W. corner of Blk.. 39,No.Ft.Worth;thance N.30 deg.W.along the W.line of No.Main St.362.2 ft.;thence So. 60 d©;,W.200 ft.;thence So.30 deg.East parallel with Main St. 362.2 ft. to No. line of Trinity Ave. (North)being also the corner of a tract of lend deo-ded to C.L. Laramore.Thence No.30 deg.Fast with Laramore's no.lire 200 ft.to t_ze place of beginning. 362.2 " 958.24 PAGE #2. . RATE PER T TAL X A LO B AD '�2011 NTG HT.FT. COST Magnolia Petroleum Co.,a corporation—-Part of P.G.:IULLIKEN SURVEY. Beginning at point ih Y,'.B.line N.Main St. 345 ft. S.tO E.from intersec— tion with E.B.lina of R.O.W. of St.L.& S.W.Ry.Co. at pt.rrhere S.li*ne of 50 ft. St. deeded by J.Googins et ux to Public intersects said W.line N.Main St.;thenee S.30 E.along W.line said N.Main St.-75 ft. to stake in said W.line N.Main �t. for S.E.corner tract $ereby conveyed; thence S.60 W. & parallel with 8.11ne of said 50 ft. street to E.B.line of R.O.W. of St.LA&T Ry. now St.L & SW Ry.Co.; thence N.with E.B.line said R.O.W. to S.W.corner said 50 ft. street for N.W. corner this tract;thence N.60 deg.E. with S.B.line of said 50 ft. street to point of beginr_ing,being same as Deed Vol.554, p.376. 75 02.8456 $198.42 Magnolia Petroleum Co.,a corporation-- 50 " 132.28 Magnolia Petroleum Co. ,a corporation-- -Part of F.G.MULLIKEN 640. 'eima z4,r.pag.at point in W.line N.Main St. 195 ft.S.30 E.from int.with E.B.line R.O.W. St.LA&T Ry. ,being S.E.corner Magnolia Petr.Co.tract;thence S.30 E.with W.line Main St.100 ft.to int. of W.line Main St.with N.line 50 ft.street dedicated by J.B.Googins to Public;thence S.60 W. with N.line said 50 ft-street & parallel with S.B.line said `magnolia Petr.Co.tract to E.B.line R.O.W. of St.LA&T Ry. ;thende N.with E.B.line R.O.W. to S.W.corner said Mao'.Eetr.Co.tract which is 130 ft.S,60 W. from beginning point;thence N.60 E.witbL '` S.A.-line said Ma&wPetr.Co.tract 130 ft.to b4ogg .Alec,..dodloate 60 ft.road to public lying S.of & adj .to abbve tract from R.O.W. of St.L&SW Ry.Co.to W.B.lins of Main St.being same as Deed Vol.443-26.-100 " 264.56 Magnolia Petroleum Co.,a corporation----Part F.G.MULLIKEN SURVEY Pat.649,Vol.10,Beginning in W. line Main St.100 ft.S.60 W. & 71 ft.N.30 W.from N.W.corner B1k.39,No.Ft.Worth Addn.;thonce N.30 71.195 ft.to inter— section of W.line & E.line R.O.W. of St.L &SW Ry.Co. 50 ft. from center of t rac t;thene a S.4 deg.5 minutes W. parallel with & 50 ft.fromsaid tract center 234.9 ft.;thenee N.60 E.131 ft. to beginning,being same as Vol.392, p.191.--- 195 " 51 rio 89 St.L.& S.W.Ry.Co.----R.O.W.tnrough F.G.MULLI.XEN & J.BAUGH SURVEYS, 177 " 468.27 St.L.& S.F.Ry.Co.---R.O.W.through J.BAUGH SURVEY 177 " 468.27 North Fort Worth Ice Company---------Beg.at stake in W. line of N.Main St.,said stake being 698.7 ft. 3.30 E. & 100 ft.S.60 W. of N.W. corner of B1k.45, said City of No.Ft.Worth;thonce 3.30 E.--long the W. line said Main St. 40 ft. to stake in W.Line of R.O.W. of Frisco iR. & 50 ft., from track center;thence S.4j 1V. E PAGE $3► +�-•-- � P 1• 1'tN 1 L' YLZ R 7 LV P..t� 9. A X E LOT BL1L ADDITION iTG* Ffi:T.PTA CO ST North Ft.Worth Ioe Co., contd.-•----- -slo:ig said R.O.T. & 50 ft. frgm saidl.crack center 7.50 ft.;thence Na 85t W.100 ft. •thence NA4.,, E. parallel with said RR. R.0.�1. 2;13.3 rtl-� to stake in & line of So.Grand Ave ;thence southeasterly along said S.line 87+ ft.to beginning.-----40 $2.6456 $ 105.82 Standard Battery Company------------10 210 NO.FT.WORTH 149 ^ 304.19 Standard Battery Company---- -------9 210 " 50 " 132.28 ?:A. Heeger----7 & 8 210 " 100 It 264.56 M 210 " 50 it lu.56 Hi G. Davis--=--5 & 4 210 " 100 " 264.56 Mrs.M.Furey-------3 210 it 60 " 132.28 L.J. Hawking-rt---2 210 it 50 " 132.28 W.P. Sheppar4-------1 210 It 98 ° 259.27 Archie W.Rogere --1 59 " 60 " 158.74 A.Arneson---All of 4, except W.110 ft. of said lot. 59 " 50.6 " 133.87 Chas."l it chel�-All 5, except W.1114 ft.of said lot. 59 ° 50.6 ° 133.87 Mary Lena Baker,widow of J:A.Baker decid.13 59 " 50.6 ° 133.87 Isabell and ism. Pollard--- 2 59 ° 50.6 If 133.87 Lilyan Chilson-------ll 59 " 50.6 It 133.87 John Grant---------10 59 " 50.6 " 133.87 Armstrong Investment Ce. (Foreclosure suit now pending)16 to 20 inc•6 11MUSTRIAL 125 ° 330.70 C.S.Knott------al & 22 6 ° 50 " 132.28 J.JLangever---23 & 24 6 " 50 " 132.28 M.V:MoLeod-1,2,3 & 4 10 ^ 100 ^ 264.56 W.T.Casstevens,et ux Euzella Casstevens- 5,6,7,8,9,10 & 1-1 ., 10 " 175 " a62.98 W.T.Casstevens,et ux Euzella Casstevens- 12 & 13 10 " 50 " 132.28 The Tex as Co*pany- •. 14,15016 & 17 2.0 " 100 " 264.56 Owenwood Oil Corpor-- ation---18 to 24 inol. 10 " 175 ° 462.98 W.H.Guel ick (Sam J. Hunter holds deed from Louis S.Moore to Lot 15, in said block 21. However, W.H.Guelick renders entire block 21 for taxes for 1927. Probably Hunter's deed shod state some other Additioij. 1 to 24 incl. 21 NO.FT.WORZI 600 " 1,587.36 "yells Marble & Granite CQmpany-*---------1 & 2 28 It 50 " 132.28 Anna Butz wire of J.F. Butz, dec;d. (For her separate use and for her benefit and sepa- rate estate)-----3 & 4 28 'r 50 " 132.28 Southwestern Steel & Iron Co.--'---- -5 & 6 28 " 50 " 132.28 B.A.Tolbert & R.E. Medford---------7 & 8 .38 ^ 50 " 132.28 Pago #4, RATE PEN TM x A 21 E LOT sLK, ADDITION FNTG, FNT FT. COST Avid. . oaglue, Ruth Josephine �oogins, anc. Harriet C.Swiler, widow & G©O.C.Swiler, Admr. with will a=exca of Estate of John W.Sw ilbr, deceased—E--oh an undivided 1/3 interest in lots 9,10,11 & 12 28 NO.FT.WORTH 100 $2.6456 $264.56 C.O.Romingor and M.V. Romingor,nidow of W.I.O. Romingor, doold, each an undivided j interest in lots 13 to.24, incl. 28 " 300 " 793.68 H.S. & G.W.Soali , Lots 1,2,3.,4,5 & 6 35 h 150 " 396.84 Morit Oil Company, Lots 7,8,9, & 19 35 " 100 " 264.56 C..M. Butcher & R:C. S;reaney--------- 11 & 12 35 " 50 " 132.28 C.M. Butcher-13 & 14 35 " 50 " 132,28 David S.Googins, Lots 15,16,17,18, 19 & 20 35 " 150 " 396.84 Roy C.Vanco & A.G. Donovan------21 & 32 35 " 100 f' 264.56 B.F. Davis (N.Ft.Worth T o:ms it o Co.r enders all Blk."D"for Taxes in 1927)--------------"D" " 215 " 568.80 E.M. Sullivan, Lots 1,2,3,4 & 5 39 " 298 " 788.39 Robt.A.Stuart & Virgil B.Wofford—6 39 " 50 " 132.28 C.A. O�KCefo-------1 44 " 50 " 132.28 W.M.Costollo et u*j, Alice Costello—_ ---2 44 " 50 " 132.28 Archie McBrid.o-----3 44 " 50 " 132.28 J.J. Mulholland(Mrs. N.A.Mulholland renders for Taxes in 1927)-4 44 " 50 " 132.28 American Bldg., a corporation-5,6 & 7 44 " 150 " 396.84 St.L & S.W.Ry.Co.Rigght—of—way through F.G.MULLIKEN & J.BAUGH SURVEYS 177 " 468.27 St.L. & S.F.Ry.Co.Right—of—way through Cities Service 011 J.BAUGH SURVEY 177 " 468.27 Co.,------P`rt of Lots 5,6,7, 8,9,16 & 17 & part of Lots 1, 2,3,4,18,19 & 20 in Blk. 45, No.Ft.Porth Addn.,described as follows: Begginningg in E.line of Main St.,150 ft.• 8,30 E. of N.W. corner B1k.45,said b'eginr.i-ng point being N.W.corner lot 8; thence S.30 E.with E.line Main St. 401 ft. to N-line St.L&SF & T ROW & 50 ft. at right angles from center said RR track;thence north— easterly with said R.O.W. & at 50 ft. at right -nles from center of said tractk,355j ft. to stake in E. line o lot 18 & 0.line of Com:aerce St.107t ft. to K.E.corner lot 16; thence S.60W. with N.linee of lot 16 & lot 9, 200 ft. to beginning. 401 " 1060.89 PAGE #5. FT. RATS PER TOTAL N A M E LOT BLK. ADDITION FNTG. FNT.FT,, COST Jno.F.Mulholland-10M 45 NO.IPT.WORTH 100 2.6456 4 294.56 C.W. Foose-------- -12 45 " 50 " 132.28 Mrs.G.S.Eziery,widow, (rendered in 1923 by Gertrude S.W11son)-- 1 50 " 50 " 132.28 August:. Bailey (rendered in 1927 by H.H. Bailey)--y---2 & 3 50 " 100 " 264.56 H.H. Bailey & Augguusta .Bailey------ 4 50 " 50 " 132.28 H.H. Bailey & Augusta Bailey-5 & 6 50 " 100 * 264.56 T.C. KbCart--------- 7 50 " 50 " 132.28 Walker J.Doherty----- 8 50 " 50 " 132.28 Mary N.O'Neil & Mrs.Jennie O'Neil Weetfall(rendered in 1923 by Edwards & Westfall) each an un- divided t interest--- 9 50 " 50 " 132.28 Superior_Laundry, a corporation-------10 50 " 50 " 132.28 Superior Laundry, a co rpo rat ion--------11 50 " 50 " 132.2 B TOTAL COST TO PROPERTY OWNERS - - - - -- - -- - - - - 425,994.62 ♦ L • FORM No. 14—Continued. 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, and assessed against his or her property, above, shall be payable as follows, to-wit: In six equal installments, one payable within 30 days after the date of completion of said work and its acceptance by the City, 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 accrued interest. That default in the payment of any installment of principal or inter- est upon said assessments 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) T.hat the said ssessments shall bear interest from the date of the said ewnpletiQu-andac- ceptance at the rate of 1per cent per animm, payable annually, and if not paid when due the said 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 payable to the said contractor, and shall state the amount due from each property owner, and h�b� y assessed against his property, and the rate of interest thereon, herein fixed at 7tipO$71en cent (3%c) 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, (End shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited, and by the name of the owner, 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 Treasurer shall keep the same in a separate fund, which fund is hereby designated as the_____ o ---------.-------_---------_... CERTIFICATE FUND 1�To_,_ ___�___ ..... ,., 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 by 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 Mayor and 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 No.- Title--- Date Filed- day of__ —��--- '— r City �ecretarj ..b 3,