HomeMy WebLinkAboutOrdinance 130 AN ORDINANCE
assessing a portion of the cost of
improvement on West Second Street,
in the City of Fort Worth, Texas,
between its intersection with the
west line of Houston Street, and its
intersection with West Fifth Street,
against the owners of property abut-
ting thereon, and their property. .
'Mt
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF FORT WORTH, THATt
WHEREAS,- on the day of , 1909,
the Board of Commissioners of said City dire ted the im-
provement of West Second Street, between its intersection
with the west line of Houston Street, and its intersection
with West Fifth Street, by raising, filling, grading and pav-
ing the same,and,
47HEREAS,- in accordance with said resolution,
specifications for said work were duly prepared by the City
Engineer, and adopted by said Board of Commissioners, and,
WHEREAS,- bids for said improvement werer duly ad-
vertised for, as required by the City Charter, and,
WHEREAS,- said bids were received, opened and con-
sidered by the Bo�-Grd of Commissioners, and the bid of the
T5,'(AS BITULITUIC COMPANY, a corporation, for the improve-
ment for the said West Second Street, was accepted by the
said Board of Commissioners, and,
WHEREAS,- the said TEXAS BITULITHIC COMPANY 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 raisin--, grading, and
filling the same, and by paving the same with Bitulithic
pe.vement upon a broken stone foundation, and,
WHEREAS,- the said company has executed its bonds
to the City of Fort Worth for the construction 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 surety thereof, have been duly ap-
proved by said Board. of Commissioners, and,
(1)
r �
C
n
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W aWYA$,- thereafta ; thw, City, knees of saic
gg
filed his written statement with the Board of Commis-»
sioner ,aoncerning, the, said, improVetanit
/the qod
r
for a
said Board, correcte4 and approve&j,�,and
W M ,- thereafter the said Board didi,
f olution of date,, thee, day ai' r '19O ', find,
and declare the necessity OP, assedsinf ri " w t ; cost
oa r,ss:id imp rmve�ne is against the ownersk +� ' apes Y sbntt
� ink, J
hireq and,their propert�' and,, did,, scrihW hsarin 6 °%
thd� eti�w A owners,,, their-- att
'/i
ftte,,therefor, and direct thy= eai, eeretar
taw% issuer, notice of the said hearing by advertsdmseht as r ;%/l/
ii% / c r / f
ticee, therein Provided,,,, an4s, '
ia ; aescoacda�nce wit 'thef seielj/is ,�,
emu„
/e
e r,rr
the said Cite decretar�r did' ie+ ud',,,w not icer1
ing( to the said property owners' by publication thre� f,for r,
the;'time and in.Ahe manner presaribedrf'b th+sf
le
th+ 3tar;Tel a ram g a, daily,dail Z paper er oflgen,
//1//
Cit of/' Fort Worth, for five (b) conned ti" sr / /
the said/ hearin and did, al a noti
r /j�
r //�i%j �J/ /r //i/
said;hsa; inS/*,, by posting w co of t *0141
q'
c theca at the post"= office% in°
�(// more than ten days prior to the date of, the hearin�� ands,
armi/// r�i�f
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Judge R. F. Milam attorney for Mrs. Nettie 'Hells., May 0 Denison repre-
senting Mrs. ft. D. King, J. H. Armstrong, Alex Hogg and H. T, Wilson.
being owners of property, appeared to protest the said
assessment, and the benefits of said improvement con-
����►�„ � 1�� ', ;� B IT � S on treet.���rw✓
netted with the im roveme t of a sa W st
, ' B�TB1
SAID BOARD OF COME SSIONERS AS FOLLOWS, TO WIT%
14.
That the benefits to eac)z parcel of property of
each owner hereinafter named, in the enhanced value of the
said property, exceed in each case. the amounts hereinafter
assessed against such owners and their property. And, said
board having considered the evidence, and it appearing there-
from that the strict 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 im-
proved, would be in all cases ,just and equitable, and in ac-
cordance with the benefits received, and with the apportion-
ment of the cost of said improvements between property own-
ers, and the assessments hereinafter made, will effect sub-
otantial equality and ,justice between property owners having
in view benefits received by, and burdens imposed upon, such
owners.
2. .
That there is, and shall be, assessed against each
of the owners of property herein below named, and against '.-
several parcels of property of the said owners herein below
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 said property. The
names of the said owners, and descriptions of the property
(3)
of each, and the total amount in money hereby assess-
ed a6rainst each one, and his property, being as fol-
lows, to wits
PAYING .A33U 22 F_ i1i�7
, p� '�y,
/N;y �./.
6 ,/Uri,, ('-�, T .13L 0
41 Taylor 59.._ 2".26-L.9 - City 54,31T 26` 4.614 11'S.
are, $� . tin ey 172-.77 , 100 3.662 366.291
&%%by 59 8 I/2 City 206.999 4.618 ;.,,. 430.74'
(4,204o., 50 W.70- .96, City I50.6826. 70 4.681 327'.71"
Lacher f
& Rookot 44« , I City 219.444 X00 4.652 466.22
Q.k. Jams, 44 � 2 * 219.444 100 4.6W 465.22
A, Yxioedmax 45 &.70-L.I * 155.6560 70 4.7.2I 329.,78 -
A. Friedm Nl 46 M.30-L.I
4 2.,20-L.2 112.667° a 6Q 4.734 a4.73
A1e2 He + 6° 1.80-L.2 W 179.212 so 4.948 379.71 -
B.St= C ter . 46 1 * 222.222 ,,,,a,,, 4.711 471.11
G000 H.Soheber 44 2 * 222.222 200 4.711 471,,U-
;Oxeot 60 3.50-L.1 110.417 00 4.696 AWOS 254,.of
lk" Mrs curio 2, L.1 A
AftW9x'6zW/, 65 6 3.30-L.2 "' 177.222111 80 4.696 3716.71
211]A. Rubin, 66 W110-L.2 " 156.750 70 4.714 330.19_
L.B ;E6 j,,,' . ,31 ,I 217.778e 100 4.616 461.,69 -
04, *'elleie 311. 8.50-L«10 " 109.722 6o 4.65t 252.61 -
Ile,XTS ;;-, 59,,, 4,66'►u ;'r,,, 2311«79
2.-2.i a I9 4,..2.2o-L« 212"°11 M11 real°' ,66*1
Uvo Sot 4
9�t 4: 19 7d.80.L.6 * 175.5" 80 4.652 372.18
222,779R, 100 4,7M 472.2#4
Kra 114 0
XO"9VO; 20 1,60-1.3 111.855 130 4.74 237.13
6 �ti„ �M�,,, W,*bo-L.a " 112.08 ' 4.76 20.62
L A'A", I1ortes, 63 a 60-L,*4 " I33:Sz�" 60 4.711 282.67 -
Ale Otte 63 W.40-L.+4, 80.88 40 4.721 188,45-
W.0,iii GrIl `aaft 93 2.60-L.3 * 111.111 60 4.711 236.56-
1'mpletoat 63 2'.50-L.3 * 111.111 50 4.727 2S15,66-
X.K* 2e11eir 64 4 - * 221.111 100 4.6,91r 468.76 -
1.0. Ting 64 $.50-L.1 "' 110/970 do 4.70# 256.26"
Frank Drake 64 9.60-L.2 "' III.S w 60 4.7IS 235.05
A.J. Anderson 5 I Z.F. ftitb 3M.000 160 4.644 699.60-
?. Kelley 5 5 " 120.000 600 4.468 235.40-
1.W* GaVeas 4 1 * 211.467" 96 4 4 440.62
wee 1.. ftito 7 438.7679 252.3.
QIe2.Y_ 211 MU T ` 71tM836 423.! . 1,
y«1[ Sl 9 6 * 166.667 100 3. .33
I 1 * 1352778 6.0 4.726 263.61 -
8rm X�, SvdW 1 2.461 1 0*41fi , 4,*,, 46 9,�i 212M 53
1z.91t 804 t9 8.41M-L.2' "' 90.811t, 48 vi' 4,170 A.I. ArtAM eea1 1 S 242.347 Ile 41 Mll'/ 119.T 11
Mrs J.1W.8101th 2 1 220.000 100" 4.444 4614.40,(-
3`.2. Irk 2 3.60-L,2 "r I10.000 W", 4.4" 2765.0x.
A.A. Stadlaq 2 w.60-Leg "' I10.000 50 4.664 23340-
H11j, wage& 3 2 1 "' 2164.9003 lot 41601 482.06`
8M,7. Wilson 2.52E-L.1 Finley 93.330 63 3,739, I97.88
2.I8*-L.2
A.301 Li +9.47-L1 * II3.7 W 66 31 7IO 24'1.1!6
St"Ovar6, NF.68-L.2 " 113.*28, 64 3.68!4 2SO.621
Mrs Callie
Gunner 4 " 75.8223 46.6: 3.533w 1601761
Frank No Oee Deelile -
Total- 77134 M 016.3151.66-
That the amount set opposite the name of each
owner above, and his property is hereby assessed against
the stLid property, and declared to be the personal liabil-
ity of the owner thereof, and secured by a lien upon the
said property sup..,)rior 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 complet-
ion 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
froin 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 of-
ficer, 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 if any of the said property owners, against
whom and his property the assessment is hereby made, shall
not pay in full when due the amount so assessed, then, that
(5)
the city shall issue to the said TEXAS BITULITHIC COM-
PANY, the contractor for the said improvement, assign-
able 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 said work, and shall be payable to
the said TEXAS BITULITHIC COMPANY, and shall state the
amount due from each property owner, and hereby assessed
against 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 owner, and shall
describe such property by number and block, or by 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, and if the property is
owned by an estate, it will be sufficient to so state the
fact.
Said certificate shall provide that if the am-
ount 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 the same have been
incurred, and shall recite that the proceedings with ref-
erence 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 certificat-
es, have been performdd. Said certificates shall be ex-
(6)
ecuted by the Mayor and attested by the City Secretary
with the corporate seal. Said certificate shall provide
that the same shall be payable to the Tax Collector of
the city, who shall issue his receipts for payment there-
on, which receipts shall be evidence of such payment, on
any further demand for same by virtue of the said certif-
icate, or any independent contract to pay the same, enter-
ed into by the owner thereof, and shall provide that the
Tex 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 WEST SECOND STREET
SPECIAL CERTIFICATE FUND, NO. 1, and that whenever any
payment shall be made to the Tax Collector upon such cer-
tificate, it shall be his duty upon presentation by the
said contractor, or the holder thereof, to endorse said
payment thereon, and that the said contractor, or holder
of such certificate, shall be entitled to receive from
the said City Treasurer the amount so paid upon the pre-
sentation of the said certificate, credited with the am-
ount 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 certificate shall also recite that the City
of Fort Worth shall not be liable for the payment thereof,
(7)
or for any interest thereon, or for the cost of collect-
ing or enforcing the sane, but that the said company, or
holder thereof, shall have the right to collect such cer-
tificates 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 certificate, fully exercise this Charter
power to enforce the lien securing 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.
T herby -ertify that the above and foregoing ord-
inA,nc• was duly presented and unanimously passed by the
9oard of Commissioners of tine (Itty of Vo-t Worth at a
session of said Board heldTuesda47)0cm r l4th,1909.
e , rYi.
(8)