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HomeMy WebLinkAboutOrdinance 337 FORTH ift 13 C1. llN°AIC!a,. Assessing a portion of the cost of improvement on,. tin the City of l+ori Worth,Texas, between its intersection with tbe.,,,i°,1AZIl,.,,Tine and its intersection with the ,....? X; .x ,.,...,. line of; 1 51- l a w . treet-against the owner of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, "H, TE SAS, That � � T,� WHEREAS, On the::, .,, .. ' ,.,...,. day cif, ,..,,.�.u,' ;,. ����...,k .,... T;�..,...,,....; the Board of Commissioners of the said City directed the improvement of . . � „ ;„ A1M ,,, ,,.,.,. , et between its intersec- tion with the lane of..' aa� ..w Street with its intersection with the-.,.P,-,P, , 1,4. ,..lime n� r..,1 .14.najAt, by ;raising, filling,grading,And-pavffsg tT�e a %„ a 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 dull advertised for, as required by the City Char- ter; and, WHEREAS, Said bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas a "t "c Company, a corporation,for the improvement of the wt, as accepted by said Board of Commissioners;and., WHEREAS, T s d "I'ex itulithic Company has entered into a contract with the City of Fort north, as provide the C r °, for the improvement of said street, within the said limits by rail- ing, grading, and filling the"a , and by paving the same with Bitulithic pavement upon a; five-inch gravel concrete foundat�x-mid, WHEREAS, The s rd Compan ha executed its bonds to the City of Fort Worth for the construue- tion and an uintenance thereof, i ce with the said contract, and specifications, with surety as required b the said City Cb e which contract and bonds with the surety thereof, have been duly approved by the said Board �w�, mTnission, 9,�and, WHEREAS, Thereafter, the City in, . 1 if said City filed his written statement with the,Board of Commissioners concerning the .^ d a rents, and the cost thereof, as provided by Sermon , Chapter I4, of the Charter of the i �w statement was considered by the Board, corrected and appruvHERAS,Thereafter the sa�d � m� board d,` , b' r' solution of date,the .. lay of,.,., ' ti ......, find and declare he necessity oft , �e , ng a portion of the cost of said improvements against the oicers of the property abutting then °n, nd their�p erty, and did prescribe a:hearing of the said owners, their attorneys, and agents„ and fi ` a date n 0,"or and did direct the said Secretary of the said City to issue notice of the said hearing by a ment, as provided by the said City Charter, and also by hosting said notices as provided tberdi nd, "WHEREAS, In accordance with the said solution, �ty Secretary did issue a notice of the said hearing to the said property owners by publication: er "f or the time and in the manner pre- scribed by the City Charter, in The Star-Telegram, iV ai paper of general circulation in the City of Fort Worth, for five ( ) consecutive days prior to t d hearin ad did also notify the said owners of the said hearing by posting a copy of the said notice to eac " , at the post office, in the City of Fort Worth, Teas, more than ten days prior to the date nth � ar g; and, WHEREAS, The said hearing in accordance with t4 r lotion and notice was held by the Board of Commissioners on the..,..., ...,.,..day of,.,.,,, .,. , I , at ,,., ,.. o'clock. a. ;m., at which time and place .,., ............ ,,,. ....... owners of property, appeared to protest the said assessment, and the benefits 6f said improvement on- n�te Ith tie iroment of paid F , � � f. . ` NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as oll��/A* wit (I) That the benefits to each parcel of property of each owner hereinafter named in the enr l hancedralue of said property exceed in each case the amounts hereinafter assessed against aura ��- ers and their, property, and the said Board having considered.the evidence and it appearing therefrom that the strict app lication 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 cases and that the apportionment and assessment hereinafter made will effect substantial equality -and justice between, property owners, having It 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 herembelow named, and against the several parcels of pro per y 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 id 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 0 W F 1 1 F UIZASME Ste "AR , +Ww^n+M�i/6Nuo�*�wwwygti.vwiro+a mwxou+iw�akwro�u,w,.��n.w+, Wama✓wr��'^uaa�^Y!mdry M �wWow..nim?�im^w�+�..'r�'+�`✓wi'.riw me orn,w�nF�N'w uww nm.w m+w� rcw�I�fe w!w,�'mwmrvNwwr.+w.+ypa ,,:::,. mxrY+a*„,r.«y�+�a,e..-w�,v�aJ�r.,,,,,.i,» ,.,,... mr ,�w,.v.,?:✓..�,wor»w�ww.+.«�.,, .?�,.�,.�w.�w� no�� ,;'m� .;�n, .m+ma ,+, ran J,,,. �;+,,,aw,�r�:,�w�r�nrror xwx,m ,wwry Ne�ror FtWorth LazA * 15' Ryat place 185 3, 8, 333 « �, 3.4792 tlfo xth Land 11770 , 1-11-13 "n` 25,0 4-16. 667" 869,.79 J0�,n C,.Ryan Land Co. - 3 350 869. 79 rx Jolin, C cyan Lam; Co. 10-12-14 185 308:. a T FOR PIROPIREFITY 0 E . . « ;« « «� .N*1 ,50,/. 010,- 0180 se,, fil l on rr WGR71 . . « , . « . . 43''3. 3$4 904, 58 wrvaowo�.,w,mmw,:wn�rrs,�n��*+�-r.wew�m wwx„aA.,xu,w� nr�,mv�a�r�nnrvia�.`w. GRAVID T OTAL • . ., . . « « #, �� 334 . 931.46 FORM No. 14---Continued That the amount set opposite the nave 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 full, within thirty days after the completion of the said improvement, in front of the property r of each respective owner and acceptance thereof by the said city. ( ) That the said assessment shall bear interest from the date of the said completion and accept- ance at 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 Oman- her, as far as applicable, as sales are authorized, to "be made for r oar p'd*r!neixt f O scribed 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 whose property an assessment is hereby made, shall not pray in full when due the amount so assessed, then, that the City shall issue to the said Texas Bitulithic ompany, the contractor for the said improvement, assignable certificates against the owners of dim perty so failing to pay such assessments, and against their said property, d which said certifi` t' l eclare the said sums to be due and payable thirty days after completion and acceptance iirk, anO shall be payable to the said Texas Bitulithic Company, and shall state the amount due fro each p er�� owner, and hereby assessed against his property, and the rate of interest thereon, herein °' -e t eig Rer cent (851v) per annum, and each certificate shall recite and declare the fact that th "me is se� ruby a lien against the property of such owner, and personal liability of the owner, and sh1 i .. such property by number and block, or such other description as may identify the same w Terence t other fact recited, and by the name of the owner and 0 if the owned: is not known, or if the p- - owned by a e s ta te, it will be sufficient to so state the facts 0"0 0 Said certificates shall provide the 0t therein declared abil not be i?„ dhenns ,oxf 0//BillR iii%///////%% then it shall be collectible with accrued inter f�, , d with court dusts:, and reasonable attorney's.fees,",i f same have been incurred, and shall rt �”the prose� 'ngs with reference to such improvements have been made in compliance with the term`them,� q " the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lie erso ,liability, evidenced by such certificates,, have been performed. Said certificates shall Oe Mayor and attested by the City ee�- retary with. the corporate seal. Said certificates shall 443 eee"gat the same shall be payable to the Tax Collector of the City, who shall issue his receil�0-400'r paymo " hereon, which receipts shall be evidence of such payment, on any demand for same by virtpe,'"if ,t "d certificate, or any independ- ent y shall provide that the Tax Col- t contract. to a the same, entered into b the owner ,, � sha lector shall deposit all scams received by him. on said certa<f� te with t� � ty Treasurer and the said City Treasurer shall keep the same in a separate fund, which fun 0 a t6reby designated as the............. . x U CERTIFICATE FUND No. Y e� �i aym nt may be made to the Tax Collector upon such certificate it shall be duty tupon renevn ,. .... ... ,. _ � p �` p p 11 the said ccntraettar� or the holder thereof, to endorse said payment thereon, and that the sot toac or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amou o paid upon presentation of the said certificate, credited with the amount paid thereon, and that ealid endorsement and credits shall W,thereaurer's warrant for making such a ent the said contractor and that such a payment p" c � ,�,,,,,,,,i,��,,;""such by the Treasurer shall also be recei ed for b the aaicl holder irit% `to tie said �r y the surrender of said certificate, when the principal thereof, together with accrued interest and cost of, collection, shall be paid in fully. ; Such certificates shall also recite that the City of h''"ort Wbrth 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 hart North, and that the said City of Fort Worth shall,whenever de mantled 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 tape effect from and after its passage. I Meby certify that the above and fore going ordinance wae duly preeented and unantmouely pneeed and adopted by the Board of Commissioner-,',, of the City of Fort Worth at a seeeian o? coUld i x,Jj,!2 Id Friday C Y �"