HomeMy WebLinkAboutOrdinance 143 pa u
MT ORDINVICE
assessing a portion of the cost of
br,,tproverfient on 'Missouri Avenue in
the City of Fort forth, Texas, from
H",enrietta Street to Terrell, Avenue
against tad owners of property abutt-
ing thereon, and their property.
....................... ............... ...................
BE IT ORDAIFED BY THE BOARD OF COUVISSIONERS
OF THF CITY OF ; CST WORTH, THAT:
'WEERELS, on the day of
1. 0 the Board of Commissioners of said City directed the 0—
provexent of Missouri Avenue from Henrietta Street to Terrell
Avenue, by raising filling, grading, and paving the sane, and
VW','REAS, In accordance with said resolution,
specifications for said work were duly prepared by the City
Engineer, and adopted by said Board of Conpissioners, and,
WHEREAS, bids for said improveLent were duly ad-
vertised for, as required by the City Charter, and,
WHEREA1, said bids were received, opened and conn-
sidered by the Board of Commissioners, and the bid of the
TEXAS BITULITHIC COUPANY, a corporation, for the improve-
ment for the said Missouri Avenue, was accepted by the
said Board of Commissioners, and,
WHEREAS, the said TEXAS BITULITHIC, COUPAITY 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 Bitulithic
pavement upon a five inch gravel concrete foundation, and,
IPHEREAS, the said company has executed its bonds
to the City of Fort TortL for the construction thereof, ir
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 apl-
proved, by said Board of Commissioners, and,
IEFFEAS, thereafter the City Engineer of said
city filed his written statement with the Board of Commis-
sioners concerning the said irprovements, and the cost
thereof, as provided by Section 8, Chapter 14, of the Char-
ter of the said city* which stateinent was considered by the
said Roaxd, corrected and approved, and,
WHEREAS, th ire after the said Boardl d 'd by rays—
slant Ion of date the da I of
find and declare the necessity of assessing a portion of the
cost of said improvements 4gainst the owpers of property abutt-
ing 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 Secretary of the agid
city to issue notice of the said hearing by advertisement, av
provided by the said City Ch&rter; and also by posting said
notices as therein provided, and,
WHEREAS, in accordance with the said resolution,
the said City Secretary did issue a notice of the said hear-
ing to the said property ownera by publication thereof, for
the tine and in the manner prescribed by the City Charter in
the Star—meleg rare m, a daily paper of generk circulation ir the
I C
City of Port Worth, Mor
i rio r to the said
hearing, and did also notify the said owners of the said hear-
ing, by posting a copy of the said notice to each of them at
the post office, in the City of Fort Tort h, Texas, more than
ten days prior to the date of the hearing, and,
WHEREAS, the sald hearing, in accordance rith the
said resolution and notice, was held by the Board of Commission—
era on the 22nd day of February, 1910, at nine o'clock AX
at Kich time and place no owners of property, appeared to
protest the said assessment, and the benefits of sgid improve-
ment connected with the improvement of the said Missouri Avenue.
;SOW, THEREFORE BE IT FURTHER OR14IMED BY ZTETE
SAID BOARD OF AS FOLLOWS, TO—WIT:
W, 1.
That the benefits to each parcel of property of
each owner hereinafter named in the enhanced value of the
said property, exceed in each case the amounts hereinafter
assessed aginst 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 to assessed to proportion as
the frontage of his property is to the whole frontage im-
proved, would be In all cases just and equitable, Rnd in ac-
cordance with the benefits received, and with the apportion-
ment of the cost of said improvements between property owners
and the assessments hereinafter made, will effect substantial
equality and justice between property owners having in view
benefits received by, and burdens imposed upon, such owners.
That there is, and shall be, assessed against each
of the owners of property herein below named, and against
severRI 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
w.,,,es of the said. ov,)ners, r,,Lnd descriptions of the property
of each, and the total &znount in money hereby assessed against
each one, and his property, being as follows, to Tit:
That the amount set opposite the name of each
on above, and his property is hereby assessed against,
the said property, and declared to be tI.,,e personal liabil-
ity 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 ar�ounts 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 t,,,,,,e complet-
ion of the said improvery,,Gent, in front of the propert 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 and acceptance at
the rate of 8 per annmn, 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-
'Picer, and in the Tnanner, as far as applic�able, 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 slain) of personal liability,
or lien in any court having ursidiction.
4.
That if any of the said property owners, all �t
whom and his property the assessment is hereby made, seal,
not pay in full when due the % ount so assessed, then, that
the city shall issue to the said TEXAS BITULITHIC OMPANY,
the contractor for the said improvement, a>sgi natl certi-
ficates against the owners of said property, so failing to
pay such assessments ard 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 i I ULIT IC COMPANT4 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 d) per cent per annum, and each
certificate shall recite and declare the fact that the same
are secured by as lien adr inst r property of such owner, and
the personal liability of such owner, and shall describe such
pro perty by number and block or by such other ascription as
z#Y identify the same with reference to any other fact re-
cited, and by t he name of the owner, and If the owner is not
mown, and if the property is awned by an estate, it will be
sufficient to so stat e the fact.
Said certificate shall pro de that if the aril-
cunt herein declared, shall not be paid whet due, that it
shall be collectible with accrued, Interest, and with
Court costs and att ort Mt t s fees, if same have been
�d
incurred, and shall recite that the proceedings with ref-
erenee to such improvement have been made In cor',tplianice
witl the terms of the said 'WaWat o f the City of Fort
Wortht and that all prereTalsites to the fixing of the
liens and personal liability, evidenced by such certificat-
es, have been performed. Said certificates shall be ex-
ecuted by the Mayor and attested by the City Secretary
with the corporate seal. 861d aertifleate shall provide
that the same shall be ins„ taRble to the Tax Collector of
the city, who shall issue his receipts for payment t here-
on, Qlah receipts shall be evidence of such ppyment, on
a4y 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
Tax 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 MISSOURI Amt'UE
SPECIAL CERTIFICATE FUED, WO.1, and that whenever any
pa rent shall be made to the Tax Collector upon such cer-
tifioate, It shall be his duty upon presentation by the
said contra tar 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 as paid upon the pre-
sentation of the said certificate, erpdited with the amount
,ry
id thereon, and that slid endorsement and credits shall
be the treasurer's warrant for making ouch payment to the
said contractor, and that suc h a payment by the treasurer
shall also be recei ted for by the said holder in writing
to the said treasurer, or by tl:e surrender of said certi-
Mate, when the principal thereof, together with accrued
interest and cost, of collection:, shall be ;laid 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 collect-
ing or enforcing the sare, but that the said company, or
holder thereof, shall have the right to collect such cer-
tificates tes as therein provided by the terms of the Charter
of than City of Fort Worth, and Mat the said City of Fort
Worth shall, whenever demanded by t he said company, or
holder of said certificate, fully exercise T "�I Carter
over 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 .
That this ordi,naam e shall take effect from,
and after, its papsage.
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