HomeMy WebLinkAboutOrdinance 245 !y ,
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Assessing a portion of the cast of
improvement of Elizabeth St. and
Kentucky Ave. in front of Lot 5
Block 7 Boaz Summitt Addit6on in
tzrie City of Ft.Worth Texas,aga,inst
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the owners of lirop erty abutt ;n
thereon and their property.
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BE IT OaDAINED BY THE BOARD OF COIAMISSIONERS OF THE
Gib OF FORT OWTH; KA` ';'
Whereas : heretofore on the 23rd day of May 1911, the
Board of Commissioners of said City directed the improvement of
Elizabeth 8t. and Kentucky Ave.in front of Lot 5 Block 7 by raising,
grading, and paving the same; and.;
Whereas,in accordance with the said resolutions, specifl
cation; for said work were duly prepared by the City Engineer and adop-
ted by the said board of Co:mmissioners,and;
Whereas; bids for they said improvement were duly advertised
for, as required by the City Charter, and;
Whereas; said bids were received, opened and considered
by the Board of Commi asione3rs, and the bid of Kuhlman & Blues, for the
improvement of the said Elizabeth Street and Kentucky Avenue , was
accepted by the said Board of Commissioners, and;
Whereas; the said Kuhlman & Blue has entered into a con-
tract with the City of Fort Worth, as provided by the Charter, for the
improvement for the said streets, within the said limits , by raising,
grading and filling the same, and by paving the same with Ardmore Rock
Asphalt upon a concrete foundation, and;
Whereas; the said ,Kuhlman & Flue has executed i jts bonds
to the City for the construction and maintenance thereof, in accordance
with the said contract and specifications, with such surety as required
by the said City Charter,which contract and bonds , with the surety
thereof , have been duly approved by the said Board of Corn,,. sioners ,and;
Whereas; thereafter the City Engineer of the said City,
filed his written statement with the Board of Commissioners concerning,
the said improvements, and the cost thereof, as provided by Section 8
chapter 14 of the Cr arter of said City, which statement was considered
by the Board, corrected and approved, and,
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Whereas; thereafter the said board did , by resolution
of date the It" cfa4.y of XV47 1911, find and declare the necessity
of assessing a portion of the cost of the said improvement against
the owners of property abutting thereon, and their property, and
did prescribe a hearing of the said owners, their attorneys and
agents, and fixed ed a date therefor, and directed the City Secretary:
of the said City to issue notice of the said hearing by advertisement,
as provided by the said City Charter, and also by 'posting the said
notices as therein provided, and ;
Whereas; in accordance with the said resolution, the said
City :secretary did issue a notice of the said hearing to the said
property owners, by publication thereof, for the time and in the
manner prescribed by the City Charter, in the Star-Telegram, a daily
paper of general circulation in the City of Fort Forth, for five(9)
consecutive days prior to the date of the hearing, and did also notify
the said owners of the said hearing, byC'1ro8ting, a copy of the said
notice to each of them at the post office in the City of Fort Worth,
more than ten days prior to the °'h.ear ng, and,
Whereas; the said hearing, in accordance to the said
resolution and notice, was held by the Board of Commissioners on the
(st day of August 1911, at 9o' clock A.M. at which time and place
no persons, being owners of property, appeared to protest the said
assessment , and the benefits of the said improvement connected with
the improvement of the said Elizabeth Street and Kentucky Avenue.
NOW THEREYO .E BE IT PU THE t ORDAINED BY THE SAI6 BOARD OF
CO MIS'SiONERS,AS FOLLOWS, TO-WIT;
That the benefits of each parcel of property and of each
owner, hereinafter named, in the enhanced value of the said prorerty
exceed in each case the amount hereinafter assessed against such
owners and their property.
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And the 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 to the frontage
improved, would be in all cases ,dust and equitable, and in accordance
with the benefits received , and with the apportionment of the cost of
said improvements between property owners, and this assessments herein-
after ;made, will affect substantial equality and justice between property
owners, having in view benefits received by, and burdens imposed upon
such owners. �('yy
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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, and the several
sues of money set opposite the names of the said owners and their said
property. The names of the said owners , and their description of the
property of each, and the total amount in money hereby assessed against
each one, and his property, being as follows, to-wit;
Elizabeth Street;
..J.& H.Wells Lot 5 Block 7 Boaz Summit Add. 115 ft.frontage 101.666 square
yards , cost $354.53,rate per foot, ,3.0833.
Kentucky Avenue;
Y .J.&.H.Wells,lot 5 block 7 Boaz :summit Add.50 front footage,76. 44 square
yards ,cost $142 .35,rate per foot $2,-8404 .
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That the amo ,int set Opposite the name of each owner,above
and his property is hereby assessed against the said property and de-
clared to be a personal liability of the owner thereof., and secured by
lien upon said property superior to all other liens, claims or titles ,
except lawful, Vtaxes : that the amount payable by each owner, shall be
payable as follows, to-wit;
In full , within thirty days after the completion of the
said improvement in front of the property of each respective owner
and the acceptance thereof by the City.
3.
That the said assessment shall bear interest, 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 officer, and in the manner as far as applicable, as
sales are authorized to be made for the non-payment of City taxes ,
as prescribed by the City Charter, and general laws , or lien, in any
c 0 IV, t having jurisdiction.
4.
That if any of the said property owners against whom and
his property the assessment is made, shall not pay in full when due,
the amount so assessed., then, that the City shall issue to the said
Kuhlman & Blue, the contractors for the said improvement, assignable
ceritficates against the owners of said property failing to pay such
assessment, and against their said property, which certificate 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 KUHLIAAN &
BLUE, and shall state the amount due from each property owner and hereby
assessed against his property, and the rate of Interest thereon shall
be fixed at eight (8) per cent per armum., 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 has may identify the same with reference to any other fact
f
recited , and^ he name of the owner, and if the
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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 amount 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 propeedinge with
reference to such improvement have been made in compliance with the
terms of the said contract of the City of Fort Worth, and that all
pre-requisites to the fixing of the liens and personal liability,
evidenced by such certificates, have been performed. Said certificates
shall be executed by the mayor and attested by tare City ":secretary with
the corporate Neal. Said certificates shall provide that the same shall
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be 'payable to the tax collector of the City, who shall issue,,,,receipts
for payment thereon, which receipts shall be evidence of such payment,
on any further demand for same by virtue of said. partifigate, or any
independent contract to pay same, entered into by the owner thereof,
and shall provide that the tax collector shall deposit all such sums
received by hits on said certificates, with the City Treasurer and
the said City Treasurer shall keep the same in a separate fund, which
fund shall be designated as the Elizabeth Street and Kentucky Avenue
special certificate viand Sao. and that whenever any payment shall be
made to the tax collector upon such certificates ,it shall be his duty
upon presentation by the said contractor, or holder thereof, to endorse
said payment thereon, and that the said contractor or the holder of
such certificate shell be entitled to receive from said City Treasurer
the amo nt so paid upon the presentation of the said certificates,
credited with the amount paid thereon, and that said .endorsement and
credits shall be the Treasurers warrant for making such payment to the
said contractor, and that such pay 't by the Treasurer shall be receipt-
f
ed: for by the said holder in writing to the said Treasurer, or by
surrender of said certificate, when the principal thereof , together witl '
accrued interest and cost of collection, shall have been paid..
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Such certificate shall also recite that the City of Fort
'forth shall not be liable for the payment thereof, of for any interest
thereon, or for the cost of collection or enforcing the same, but that
the said Y�,U „iLMAN & BLUE, or holder thereof, shall have the right to
collect such certificate as therein provided by the terms of the
Charter of the City of .port Worth, and that the said City of Fort 'forth
shall, whenever demanded by the said Kuhlman & Blue, or holder of
certificate, fully exercise its 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.
15.
That this ordinance shall take effect from and after
its passage.
I hereby certify that the above and foregoing ordinance
was duly presented and unanimously passed by the Board of Commissioners
of the City of Port north, at a session of sai oa d held Tuesday,;,=
Augustk ="
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secretary