HomeMy WebLinkAboutOrdinance 244 AN ORDINANCE.
Assessing portion Graf the cost of improvement or ale�t�tt rkr �"' r' ,Street, in the City of Fort
, ,.,,Aver '.
"worth,Teas, between its intersection with t�e
�, e � �..,.� ,.� # and
Its intersection with the,, X's ..,......line ofd aa�.
,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
WH,E,RZAK, On the 1,f ....,. day of � � 19-1...a,the st ii Board of Commissioners of
the said (pity directed the improvement of ' ' � �����
---_-._-._.,Street between its intersec-
�... . ;
tin with the,....
line ��,�;;��. :: :�-�reet� vath its intersection wi th
the WA „lane
,,�%%!%�iiiaiil%%%iii!��iy,c '�` „�, �'�-✓ i ,;, „
r by raising, fill%ng grading, and paying the:same; ,and,
WHEREAS, In accordance with said resolution, specifications #or said work 'mere duly prepared
by the City:engineer, and adopted by the Board of Commissioners; and,
H°E;IREAS, Bids for said improvements were duly ,advertised for, as required by the City Char-,,
ter; and,
WHEREAS, Said b' were received, opened and considered by the Board of Commissioners, and
the bid of the Texas % h Company, a corporation,for the improvement of the F,.44. a tr tl e
d t, as accepted by said Board of Commissioners;and,
WHEREAS, ire id Te itulithic Company has entered into a contract with the City of Forte
ortlt, as provide the mar , for the improvement of said street, within the said,limits by rais-
ing, grading, and filling tpe e, and by paving the same with Bitulithie pavement upon a five-inch
gravel concrete foundan�rnd,
WHEREAS, The sald Compa �executed its bonds to the City of Fort North for the construe
Lion and maintenance thereof, 1 r rce with the said contract, and specifications, with surety as
required by the said City Cl , which co tract and bonds with the surety thereof, have been duly`
approved by the said Board r ommissIOT k and,
WHEREAS, Thereafter, the Cit ra 1fr ' f said, City filed his written statement with the Board;
of Commissioners concerning the s rd � ho t vents, and the cast thereof, as provided by Section 8,
Chapter t ., of the Charter of the tit�� state�eant was considered by the Board, corrected and
approved l arid,
"",WHEREAS,Thereafter the said Board � " , "r esolution of date,the...; :" 11-day of
,,, �, find and declare the necessity of � p,sntig a portion of the cost of said improvements against
' he, owners of the property abutting therein i,'a nd their erty, and. did prescribe a hearing of the said
owners, their attorneys, and agents, and fi a dates 1 .` or and slid direct the said Secretary of the
and City to issue notice of the said hearing by er� ement as provided by the said City Charter,
and also by posting said notices;as provided the, 01n�0' nd,
WHEREAS, In accordance with the said resolution, e y secretary did issue a noticOof the
said hearing to the said property owners by publica e and in the manner pre-
scribed by the City Charter, in The Star-Telegram, paper of general circulation, in the City of
Fort North, for five O consecutive days prior to also notify the said owners
-of he said hearing by posting a copy of the said notice to eae f� �at the post office, in the City
of Fort North, Teas, more than ten days prior to the date tlrna g; and.,
WHEREAS, The said hearing in accordance with t M'. r„e'(Wlution",and notice was held by the
Board of Commissioners on the tit & day,n l ; , ,., , at fit,....._ o�c, a. m.,
at which time and place .., ,. ;„ , �. �r , - � f� f tr �� aln
f '
, T
r.tP:J .,,,,. 4rIW,..;,�.1,,,.,. ,a" 1^, .av �.11�. ., „'�"„'u",i,r �'a, n" ✓«'`'
o s of p opc�yr appeared to pro k e i the benefits, of sa,1 improvement con-
nected with the Improvement of said ate.. n�� ,..., -,.._.,: „ , ..,.;.street.
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 agu,inst such own-
ers and their property, and the said Board having considered the evidence and It appearing therefrom
that 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, oases and that the;apportionment and assessment hereinafter>ma+de 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 adapted.
( ) 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 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-'grit
f
4"
FOAM No. 14- ontfrtuoo,
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:
`of I In full, within thirty days after the completion of the said improvement, in front of the property
f 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,,-
anceat 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 mazt-
ngr* 4$,,,f applicable,,as, sales are authoriied, t h ad�, for non,-�paywpayment of City Ta,
0 e in _e 9, nt us 0
W r ii
scribed by the City Charter and general laws, or by suit
to enforce the said claim, 'of"
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 Bitulfthic Company, the contractor for the said Improvement, assignable certificates,
against the owners of At perty so failing to pay such assessments, and against their said property,
which said cerftftifil eclare the said sums to be due and payable thirty days after completion
10
and acceptance r , and",shall be payable to the,said Texas Bitulithic Company, and shall state
the amount due fro each P owner, and hereby assessed against his 'property, and the rate of
interest thereon, he reintk� eighleRer cent (8%) per annum, and each certificate shall recite and
declare the fact that tla, ame is s le by a lien against the property of such owner, and personal
liability of the owner, and shat e, if*'such property by number and block, or Such other description
as may identify the same witk" erence tg,4hy other fact recited, and by the name of the owner and
"0,)
if the, owner is not known, or if the e state the
Ptlt ",�,,,�wne by an estate, It will be sufficient, to so sta
fact.
W certifieates shall provide t e' , ther ein, declared shall not be paid when due,
then it shall be collectible with accrued inter 'ith court costs, and remob e
same have been incurred, and shall req,ta,"the procee '04 ngs with reference to such improvements
g
have beeninade in compliance with the ter" there9f ap&)the charter of the City of Fort Worth, and
that all pre-requisites to the fixing of the lien*,°in ' ' ersox, liability, evidenced by such certificates,
%%t1111
have been performed. Said certificates shall eexecuted, Mayor and attested by the City See-
U
nut
,4
retary with the corporate seal. Said certificates shall , *oy,46 "tat the same shall be payable to the
1011, 1
Tax Collector of the City, who shall Issue his recei " ,e(or paymf)W
1hereon, which receipts shall b
evidence of such payment, on any demand for same by A d certificate, or any Independ-
0
ent eontratt to pay the same, entered into by the owner shall provide that the Tax Col-
lector shall deposit all suits received by him on said eer tif it tb ,,(*y Treasurer and the said
e same in a separate, fund, which ftm,, ey designated as
r
gqERTIFICATE FUND No. ...,1f,, and th,t anev y paymentmg),r be made
Se
to the UtA, I'll "to
-Tax,Collector upon such certificate, it shall be his duty, upon pr, t!"' the said owatrao or,
A+ th- holder of such ter-
or the holder thereof, to endorse said payment thereon, and that the for
tificate, shall be entitled to receive from the City Treasurer the am u," -4 paid i4pon presentation of
the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall
t h-a""P
-b "M am
..........
by the Treasurer shall also be receipted for by thesaid holder in writing to the said Treasurerf 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 fbr 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 certificatesi 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 maimer for
failure to so collect or enforce* the lien thereof,
fto. ir",irmid, 6ft,
J
0"N
14w
FORM No, 14-A
5.
That the cost of said improvement in accordance with the tenths of the said contract, between the
rails and tracks and eighteen (18) inches on the outside thereof of
.. _. ,;........Company, a Street Railway Company, oecapying the
mid street, is hereby ascertained and determined to be the surn of:' � ,._�� » •�
( ... � .. .r'.,.......) Dollars, and to secure the payment of the said sura a,specla tax, ;a ►� t%a,% ��`„ , ,,,,,,.
by levied upon and against the roadbed, rails, ties, franchises, fixtures and property of said street
railway company, as prescribed by the Charter of, the City, which tax shall be a lien against the said
property of the said Street Railway Company, superior to all other 'bens or claims or titles whatever,
except lawful ad valorem taxes, which tax ;shall become delinquent: if not paid in full within thirty
days after the completi p nd acceptance of said improverne t by the City, and if the tax shall not
them be paid, the carpe'")l e enforced either by sale in the said premises in the manner as near as
possible as prov` le of property by the City of port Worth for ad valorem taxes, or the
same) may be eah,�!d a a �t having jurisdiction.
at the at o tl� id'improi n between rails and rac the .. ......
�, ^
Company, and 18 inch e outside thereo aid
ompany to a steam r , " 6mpany, scup In id street, is hereby aseo ed d deter
ed to th urn of o
{ ,, t under
tho te' of the d contract, and �sly � a� f the said amount is i ev" against and u
the road ed, ties, ray franchised i urn an eirty of said Co pa as pare a''' �d b the City
harter, w tax shall c titute s°�xst and serior r e sand p , q, ' f t
pang all other "eras, claims or Ies vv tr,, +cpf"awful ad valoew;- said tax
shall s sae delinquen not pai irty dal '14ter completion of said improvement is
acceptance the City e enforced"eitherde' ` e of the said property in the manner as near
as possib d by the City er for t of pr,
or by suit in an, court having jux fiction.
That this ordinance shall tape effect from and 41,fer its pa sd
_
I e q cent fy that at the a0, J f rmrg orc l i,**
w
was d%t y p esente4 gird passetl, °b,,y flee B 04' 11 � C 9sit.)ite rs
of tits, City of Fort st h at a session of
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f v h
M t9
ass sty -a��� ,, �
r r,
11001
1' wf
E
M`33 4E, �i, FOR Ea I o[ABET W " OME V
PAGN AVENUE AND ROSE STREET VROI
41,04TH KVENVE TO No & T.C. Right of Way,
i�� '��. +w ii,,; �;w M M �� � �r u� 'r,♦ �� "� 'fW ±� n�?� . n►AM w !� +r' :+� � w-w,� � � .,. � +
L0,111
f 00 00*00e 24M4
Awth 0 00 110,000 mw l't
t #f
Vt. Worth 14 so 116.666 245*54
;00, 4. Aran 4 14 60 165065 324472
`' t 1 00 MAD 3 r 2
' 2 2 07 � ''
Vu
job
t* Worth 13 811 ` 05=5 524.12
lno ' R
0 If 67 1/2 lainso M.00
Sn 4 13 - so 1560150 M .72
A Wort w so 156 56 324 *7
Vt* WO&K e7 IZ wtbO 27S.00
Vt, 10 so HOW SUM
400 $147rvumn is " 1/ 131=0 273
pt*
'
4 12 so m J2
r
arc 0. plan 4 4 t 8 >� ` 304472 x�
Vt* Worth, so f "12,10527 M
it 155405 384 92
0
7 151 b ii�
............. m X60 700
9 '
4 5 00 110,1000 000.70
worih 1 10 80 'SO 27
bo 4, R mn s
yore t 6 80 155*555 MIS
� r "'`" �
Vt. 07
S ��� ' w� f 50666 5`04 2 +�ft
`o 0. Ryan 4 9 8 ll„x'15 5 PX 7V
7 100 194 444
w � 100 104-444 0
'j,"rip 04 Ryan 0 8 at 184,292 365401
ro• wortl 5 .., f 200 588*8 v f 11*80 "''
n�Nl,
f911
Lot Blk Addition %9ns;
P s
g 9a,, Dui
pT
NO 210.686 '44SAK
T t * ONS&V &
in 10111,11#1 OWN 1 2 4 too 461e.11111. 1010, 76
TV & 16we of 4 U64 06100 00.01
lost U4 of Ipt 5 41t
;";. * Rowe I E bot Of o
w UK or e a 0 1 95 #6 1 157 266.1 5561118 5111516 0
R DPI, r °w, & 2 5 1� 200 427
i
F e �
sit r is ,a 10 a 162 ST5,00 667*56
A. Storer to S Uts 99 143*00D,
�S i
AA141 1=1 00�
'rth'r" ° R. P. Bayard 5 P 50 70222 150.
&D 72492 , 150.76 #
Is* U* xUll K 1#3 50 70JR22 150.76
' z IM, � U0.76
rr
60 72.222 150.E
A. 7 s *202 150.76 �r
4 0 510 172 4r,312
ine. Dolls,t1l, 4 s so 72.222 1=76 �«
za lizo x t b 4 so 72,222 5 . 6 it
, 0'' ey ° 69 994666 206405 it
w* . * Oates 6 5 0 0' 1 06 1/2 15118NI 591 ,'`S
70222
so 72.222 150.70 It
*
Alit 40* On the Worth side of Post St 107 3/4 15S.eSS S044SO
0 0. & S. P,
Ott 40 On tho South Side of Rose St 7 25/4 112,zo� 234.44 :
Total for Propecrty/ Ovaiars 14410;576420,471.55
00tal for City of Fort Wert' �V�' 71� M=i6 1(� !�.'1d! �+ �k « 1W Au�W+�' iIF • u4i�, ,�%��., `r;u'�i wG+��,r� a �ia�4w 6'�i
sear Total a , . w r b • • u s _ �� ww"'F ��,w � � °