HomeMy WebLinkAboutOrdinance 700 f�; I �19Wi1
r %Or.NO..14
AN ORDINANCE
ASSESS11NIG A PORTION OF THE COST OF IMPROVEMENT ON tJR*Q(48-.___ __.._STREET,
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.50ITTIL.
LINE OF..--.__ __...=TCf"V ........ ......,...STREET,AND ITS INTERSECTION WITH THE ..fi1 RUH-._
LINE OF,..................Z AT.:.. ....._. . ......._.._STREET AGAINST THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL-
WAYS AND THEIR 1111OPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS, That:
WHEREAS, On the... ..,._1,5th _-._-_day of..._..--._iCpriil... __..., 191 ..., the Board of Commissioners of
the said City directed the improvement of ---- i"^l,psoo b..._........ ............._Street between its intersaec:-
taon to+lb the . +wtb line of .,. Devitt Street with its intersection with the----.aae.r^~tI2_. .Aine
of-._. .... .P1 _._._. .. _-.-Street, by raising, filling, grading, and paving the sanne; 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, Soad ids`*ere received, opened aad considered by the Board of Commissioners, and
the hid of the Texas,, itp t is Company, a corporation, for the improvement of the said portion of
Bald Street, was to t d � said Board of Commissioners; and,
WHEREU T s ;ici Texas Bitulithic Company has entered into a contract with the City of fort
Wont as provi c. l l'r; e Ch, ^, for the improvement of said street, within the said limits by rais-
ing, grading, an— fl, in thc�ar�au ;and by paving the sane with Bitulithre pavement upoi a five-i,.ch
gravel concreto foundat'�tfi nd,
WrIEPEAS, Tie ;il C`ompany),h lsw executed its,bonds to the City of Fort Worth for the conatrue-
tirm and maintenance thereof, in',pica,�y°°,,d�rce with the said contract, and specifications, with surety as
required by the said City Cha°Kay hi' contract and bonds with the surety thereof.', have beer. duly
approvcd by the said Board and
WHEREAS, Thereaf ter,"fbe City lx' gi�el° of said City filed his written statement with the Board
of Conrtn<sioneirs concerning; the caul ire to Ce'rentry, and the coat thereof, as provided by Section S,
Chapter 14 of the Charter of the taternent was considered by the Board, corrected and
approved, and, t r
WEER A�;,Thereafter the saicC fir �l dwell�� y Ir salution of date,the--. r ..day of
L° 1 ea41 Bind aril declare the necessity of a e"Is' a portion of the cost of said improvements against
the owners of the property abutting the on and owners of street and steam railways thereon and
their property and did prescribe a hearing the sate i�pers, their attorneys, and agents, and fixed
a date therefor and did direct the said S�.orcrtary o 'l��aad City to issue notices of the add hearing
by and, C i , o,also by posting said notices as provided
,hy adver4r ,meat„ as provided by the said Ctty
r w 'aAbr, anf
WHEREAS, In accordance with the said resolution, t i. Cit Secretary did issue a notice of the
said hearing to the said owners by publication then pd? fir `tfie time and in the manner prescribed
by> the City Charter in.. Fo t._North-Record..-.. ...,, ...a dallyTaper of general circulation in the
City of Font Worth for five (5) consecutive days pi^ik to the sgid hphring,and did also notify the said
owners of the„-aid hearing by posting a copy of the said notice V'e ti them, at the post office, in the
City of Fort ,FOi^tla, Texas, more than ten days prior to th*ra�a�"Cl e<aring; anti, p
WHEREAS, The said hearing in accordance with the
S f1 a olutiop/ rd noaa e was held by the
day of.,..._.... ... . ., ..._..,at.......... ..o clock..............M.,
Board of Commissioners on the.. 1
at which time and place...... ............ ... _. ....... ....... .... . ....... ..: ".. _.,.... ...... ,..
-- _._ ..... _....... ..... ... .... ._.. . ......... .... _.... , . ....
.. _._.._._.,... ......:_......... ....... ..... ... .. ...._ ........ ......_..,..... .,._ .., ,.._... .. ,.........
_......... .,.. . ......_
riill@,GIIV6i'^Yr
owners, appeared to protest the said assessment and the benefits of said improvement connecter)with
the improvement of said portion of said street.
NOW, THEREFORE, De it further ordained by the said Board of Commissioners, as follows, to-
wit:
0001, (1) That the benefits to each psreel of abutting property of each owner here n aftcer named in the
enhanced value of said property exceed in each case the amounts hereinafter assessed against such
owneri and their property, and the said Board having considered the evidence and it appearing there-
from that the strict application or the front foot rule, or plan, whereby each owner is to be assessed rr
proportion as the frontage oGf'his property is to the whole frontage improved., would operate unjustly
in particular eases and that die- 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 abutting property hereinbeloa
named, and against the several parcels of property of said owners herefnbelow 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:
J/0po,
UNIT BID'
0ontraot Airard�d: May 6-1919 Pavingml, ,,j"".47 por Sc-I.Yd.
Gontmaotbr: Texas Bitulithio 00% Gutter'. .20 11 Sq. Ft.
Pavement; Bitulithio Excava: .75 if Ou* Yd*
RATE PER FROUT FOOT
Paving- $3.66771
Guttsx- 0040
0 ,
Uwa- 0
443 4,
Total---- #401,031
PAVING ABBESS DINT OF LI*p00OlM,,,,5lr'
MOM SOVTH LIM OF DEWITT TO NORTH LINE OF
0 T BLK. AJ) rN0. U=- P AL
-DITION T
'N m,. Oamexon & 00. 1 & a 45 SOBE111THILL
ITS. 1001 041.all Os 08
J.G. Wittnayer 3 & 4 45 100 40,1,08
H,,Wo Banded 5 45 a ff R 5,01
R,M* Xuhn & Wife.,
Mvrtlo Ku 6 45 0 0 601 a 210,54
7 45 ff sot 010.54
8 415 n sot MO.54
HUU 8, owlson 9 46 scl n 210.54
John Go Eaton 10 45 ff; I
1 a. X'E.
0.0, Paxton,
O.Z. ChLlledgo, J,D.
Emely, 1,.B, Oraveva,
Chao. Tyta, P%J. 6 1
& B.F. Uhollax,-TTuil- lor,1 431.08
t446-------- -11 & la
Vim. Caxwron & 00. 1,,3 to 04 44 ff ni 6001, ft
TOTAL FOP PROP71TY OM7ERS---------------------- Oar
OFM NO.14 CDMTIMIIED
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 three equal instalments, one payable within 30 days after the (late of completion of said work
and Its accceptance by the City, one within one year, and one within two years from said date of ac-
ceptance, provided that said owners shall have the right to discharge any instalment before maturity
by payment thereof with accrued interest. That default in the payment of any instalment of principal
or interest upon said assessments when due as herein provided shall, at the option of said Texas
Bitulithic Cornpany or other legal owner and holder of said assessments, at once mature the whole
amount thereof,both principal and interest,which shall at once become collectible without notice,
(3) That the said assessments shall bear interest from the date of the said completion and accept-
ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessment
and claim of personal liability shall be enforced, elthcy by the sale of such property by the officer and
m 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 Texas Bitulithic Company, the contractor for the said
improvement, assignable certificates against the owners of said property, and against their said prop-
erty, which said certificaWs,,,sball declare the said sums to be due and payable in instalments as herein
provided after compl o a acceptance of said work,and shall be payable to the said Texas Bitulithic
Company, and sh amount due from each property owner, and hereby assessed against his
property, and tl nterest thereon, herein fixed at eight per cent (81/,,) per annum,and each cer-
tificate ;hall recz and eclare tH&Jact that the same is secured by a lien against the property of such
owner, and personal iabili�y/i)fAe owner, and shall describe such property by number and block, or
the same with reference to any other fact recited, and by the
41the o it known, or if the property is owned by an estate, it will be
such other dese on �s'mA� ident re,
name of the ow r 11
sufficient to so state the fact.
Said certificates shall pr�vlkl lat if the mount therein declared or any instalment of principal or in-
terest thereof shall not be pold, the whole amount thereof shall be collectible with accrued
interest, and with court costs, and rel, torney's fees, if same have been incurred, and shall
recite the proceedings with referen t lw provements have been made in compliance with the terms thereof and the charter of the 'i ort ,,,,and that all pre-requisites to the fixing of the liens
and• ersonM, liability, evidenced by arch certi at, have been performed. Said certificates shall be
executed by the Mayor and attested by theafitfy ecretary with the corporate seal, Said certificates shall
provide that the same shall be payable to 'e x Collectqppf the City, who shall issue his receipts for
payment thereon, which receipts shall be dvvj( nce of Kt"cVpayment, on any demand for same by virtue
of the said certificate, or any independent contr, to pay e same, entered into by the owner of
c' �
property therein described, and shall provide t at- 'e Tax 'o ctor shall deposit all sums received by
1 IN
him on said certificates with the City Treasurcyr and the, aiq 'ty Treasurer shall keep the same in
"?2/", ,
a separate fund, which fund is hereby designated as, "I, "I''i -
P,
CERTIFICATE FUND No.. and that wheno 4 'y payment, ay be made to the Tax Collector
or the holder
n p i contractor,
upon such certificate, it shall be his duty o presentation
thereof, to endorse said payment thereon, and the cont�rtctor of I older of such certificate, shall
be entitled to receive frorn the City Treasurer the a u "'^1)'Paid upon presentation of the said
certificate, credited with the amount paid thereon, and 'twt id endk6�,�ment and credits shall be
the Treasurer's warrant for making such payment to the "'4"<fd contne , and that such a payrneiyt
by the Treasurer shall also be receipted for by the said holder i "�Yi mg to
� said Treasurer, or bar
the surrender of said certificate, when the principal thereof, toge with ' ked�interest and cost of
"'Oep
collection, shall be paid in full. That said certificates may be issued, wi (��, P(�.$)hereto attached evi-
dencing the several instalments of principal and interest there h 6� )on,4'sliall be executed and
J,�terms hereof, but the sig-
natures by the Mayor and City Secretary as are said certificates �Rh
natures of said Mayor and City Secretary attached to said coupons may be facsimile signature,;
,stamped, engrraved or printed thereon. Upon payment of any instalment evidenced by a coupon, such
coupon shall be credited by the City Tax 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 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.
I hereby CeTtify that tl above and foragoing OrdAriance ww,; du1y prewented, pas
ed and adopted Vy- the Boari of Coranissi,aners of the City 01", lh"Ort 'Worth, Texaa,
at a regrular aeastan, of nsii,i Board, 1��el.d W A M -
0
At-,
V
L�Istc:r,,,L, Jr.
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