HomeMy WebLinkAboutOrdinance 538'wo
rf orm Vo. 14,
As aRDINANCE
AiASMESSING 'A PORT109 OF Tim orisT OF TMPROVEJAIMT ON ALLER AVE-
NUE BETWEEN ITS INTZRSECTION WITH THE ii. Ti.' T.RY RIGHT OF WAY
MM ITS INTERSECrTmi WITH WALKER AVFVU'E;CAPrS STRFICT FROM, ITS,
INT' 81CMON, WITH ME U.K.& T.RY'.RlrxHT 01' WAY TO ITS INTEM-M."'0-
TI 'R WITH bOLLEGE AVVIUM XMD TAYLOR STRZIT rROM ITS IMMOTIOW
WITH BILKNAP STREET TO ITS WITH THE' T,& P.RY.-RIGHT
OF WAY01N THE CITY OF FORT W(,MTH,TEXA8,AGA1NST THE OWNM28 OF
PROPERTY ABUTTIRG TJ1fJERE0X,ARD THEIR RRCMEB.TY.
BE IT ORDAINED BY BOARD OF 0M,'41,4115SIONERS OF' THE CITY OF
FORT WORTIT, TEXAS, THAT-
WHEREAS,On the 27th day of April 3,911,the BoaxJ, of Commission-
or$ Of tao said City directed the iniprovezuent of Allen Avenue,
between its intersection with the U.K.& T.Ry.Right of Way and its
Intersection with Walker Aveme,by
paving the ma me, and
WHEREAS,an the l6th day of J�xly 1912,the Bear,,i of Commission
era of ttke said City directed the imlxrovement of Gapps Street be-
tween its Anteraection witi'L the Ti-K.& T.Ry,Rilght of Way yand its
intersection with College kranue,by and
paving the amd
WIIEMEAS,On the Vrd,� day s: " Slepteniber 11"112,the Board of Comm-
Lasioners of the said City directarl, the improvement of Taylor
8txeot be-tween its intersection 'with 400, Belk atqp Strelat and its
intoxpeotion with the T.& P.Ry.Right of Way,by raising,filling,
grail,irg and paving the seuxe,and
INEREAS,in accordance with 04Lif,"I reSOlUtiOnIpecifioatione
for the said work were duly prepaxed by the City Eriginear,and
adoptad by the Board of 0mi),ndesioners; an
1HERZAS,Bida for said 4mprovements were duly wlvertiaed for
as reTarad by the City Charter; and
WHRREAS,Said bids were received, opened and carmiderml by he
Mard of Comrnis�aioners armd ttee bifi of the, TEXAS BITITLITHIC C011PARY,
a the impr1rmment of the eaid stzmeatowaa az,,,,,,,eptaA
by the said jjo�ao4 of
OM
IFHE'YLEAS, The said Texas Bitulithic Company has entered into con-
traAMNI the City, of Fort Worth,as providled by, tt,,te Charter,for
the improvement of said streetPitbin the sairl limits, by raising
grading,and filling the same,and by paving the rjame NitIL Bitiilith o
pwroment upon a five ixich gravel cancrete foundatian; and
VNEBEA8,The maid Company-has exe(nited its, bands to the City 01
Fort Worth for the conetruction and mairatenamae thereof,irl accar-
dance with the said cantraMand specifications,,);I.th stv.,ety as re-
q'UiTed by the said City Charter,which contract,,,,7and bonds witli
surety therr,aof,bave bear'r duly a1pproved 'by the saitJ, Bo ,•d of Corafn-
issioners; ar4d
WHEREAS, Ther eaf ter, the City Engtneer of oald (%ty filed his
written atatisment1with the Boar,:1. c.r Comaiisaianerfs conceraing toe
said im1proviements,,and the oost t,4ereof,as 1,priavidad by 2ection 8,
Chapter 14,of the Charter of t1ae Oity,,wkiiijh statiarelant was considered
hy the Board, cor,,r acted and approve,:,I; wicj
WHEPEA0,Thereaf ter tlie said 11,,iowrd di(l,by reeolution of date,
Auguat 29,1916,find mad de,',,Ir-as the neceasity of- a, ,ea sing a 1)(.avr-
tion of the cost of sai,l improveraerata again8t the vases els of the
prqlaeTty abutting thareon,and their propertyand <iid preacribe a
hearing of th,,e said owners,their attorneys,arid agents,and fixed a
date therefor and did -direot the said Becretaxy OX the 132,1ri City
to issue notice of the said hearing by advertizement,as provided
by the said City Chqarter,arid also by posting said )notice as pra-
vi.,,Jed therain; and,
WHERTAS,in accordance with the said reaMMwIthe City Secre-
Tar y did isaue a notice of the said he ,,,?,ring to the waid property
own,ers by publioatirra t1,ierA.'AV,, fox, the time and in tti,e ra ,raznwr pre-
acribed by the City Charter,ln the Record, a, daily paper of gemxal
circulation In the City of Fort Wortb,,for five (5) Doneacutive
days prior to toe said hearing,and did a1,so notify tte oaid owners
of t,,b,e said hearing by posting a oapy of the aai,d , notice tn each of
them at the post Office,ha the City of Fort Worth,Tezan,mare than
ten dayu prior to -bhe date o,,,,f the hearing; raid
WHERRAS,the said hearing in accorflance with the zaid xesolution;,�
a4d notioa was tie; %t. I)y the ,Boar ,l of on the 12th djay
of leptember 1926 at (9.00 O'Clock A.10, at which time and rplaaA__
1011/1'
e h
NOW t'tUt�,`FO,',tttt,taam It further ordained by the saAd Board of ttaaaamai-
t at to ta 'ha's t"wa" L"G of o wit,—
1) That 'the benef its to each parcel of each owner hereirlaf ter
ravel ad in the eoanoed value of said property exceed in each case the
amounts t"maa aaiva ter reassessed against truch, tm+mmmaMaamaa aaaa,t tta"abir property,
and the said Board Wing r» a�o,aaa.aderefd the avIdaaaaoµat and it a pearaa°a
therefrom tax-„at the strict application of the t onI;a foot rule or plan
whereby malatr owner is to be reaaaam,,tmaaaaea„t in proportion as °the, 'frontage
of his , property ta'a to the tole frotmage to be tmm°,ttraatalaaa ,aamly d oper-
ate uzijuaatly in partiaular cases .n thiat t,,, tion tnt and -
.amaa lnaant 'hereinafter made wit-', e ,feat" a aaat.aetarAi9,I sates, +!Ytl ty and
juatice between, tatamtm .,swat caao'auaa , am „ht a ta"ig,, in view b amteatt.taa reoleive,11 by
aaamd burdens iamtmotatta up( ";,ama aauah aa°aaamere Ma °ar~t. said r pr.; r t i,ox=i,sxit is h0'],,e-
by
adopted.
(2� Th t ttmem. rmama,a ,d aa.mwall bnL ,reaa,;akmiaG aced against ea ate of the
owners of jpropatrty ta,ereiat`tmaal.m„aia ma,.m,=ed,iand aatta "taast t, e saver, I parcaam<taa
of property of said owners amaaaaeMbelaa ' at.aaaaa,xt aaat as tiaelT proper pro
ata part of the asset of the sa,,ii a several sues of
mmma zey set opposite the names of the said aaa°nere and their tartt'taaaat .
The maaxae of the said maaatiaaaax .,am.,t deacur.1, tmta,aas of the property of as eat,;
wnd ttac t Otaat a~aammli" UIlt in money hereby reaasesssd against 6ao ma o4e 4nd
his trarnpe„rt„,m�,beltat, ;aa.a t"o31e,,m s,,tg "a -- wtt,t
2iT -A "Wro,, T M 1 rT? 07 MA 117 1 x'1 -"q 1P "'Ma ^' IFIIITN'f
U.57 Z
Ma:t,teataa Ctlttt.tma a
call a t"t " 58 tam ttt utta PvLrk $296. 66 $4.2562
tt ttt' a,,
of estate of
said parties
state Realty & Loan assert:
panyp J P. Barr gat t,Rres I t. tmamat oil, 360.09 2. 156,74 ta,ta,tr e Ot 7i l ,murk Swl tk,,a ,a teat
wit: If s. t' ;t, l l gar n ,°tame i t; tm
Sell Smtttu,ytne a,., t'ara,ttta 10 Ir City 2017.1.tt 4. 604
P "ttmamaaartt ccm itatk,tt.tt.en P.
tpt+t«wM au,,),aat and 'huz b;a "d P. S.
. �,�,... �.... ,
FORM No. 14—Continued "
That the amount set opposite the game 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 liensi 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 im, provement, in front of the property,
rr 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 completion and aftept-
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 man-
ner, as far as applicable, as sales are authorized, to be made for non - payment of City Taxes as pre-
,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 al 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 Bitulithic Company, the contractor for the said improvement, assignable certificates
against the owners of perty so failing to pay sucii fiTsessments, and against their said property,
which said certifrslEe �rz eclare the said sums to be due and payable thirty days after completion
and acceptance t rid vpiork, and., shall be payable to the said Texas Bitulithie Company, and shall state
the amount due fr6tn "etch pir tie owner, and hereb§ A"sessed against his property, and the rate of
interest thereon, herein�a e� eighper cent (8%) per annum, and each certificate shall recite and
declare the fact that th same is seal, , eat„by a lien against the property of such owner, and personal
liability of the owner, and shalde ice" such property by number and block, or such other description
as may identify the same wi p" Terence tq,,4V other fact recited, and by the name of the owner and
if the owner is not known, or if the p'X* ey# as" %owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide Urn"if the amount therein declared shall not be paid when due,
have been made in compliance with the terhis thereWand the charter of the City of Fort Worth, and
that all pre-requisites to the fixing of the liens ititd'Persoi l _ability, evidenced by such certificates,
have been performed. Said certificates shal] )lie" executed li tt Mayor and attested by the City See -
retary with the corporate seal:. Said certificates shall 4arevide�at the same shall be payable to the
Tax Collector of the City, who shall issue his receir' for payment")thereon, which receipts shall be
evidence of such payment, on any demand for same by virtue °"of fih,gajd certificate, or any independ-
eat contract to pay the same, entered into by the owner , andf shall provide that the Tax Col-
lector shall deposit all sums received by him on said certif]c s' ith tl ° (�ty Treasurer and the said,
City Treasurer shall keep the same in a separate fund, which find 14 hesi6by designated as
_ ... _...... CERTIFICATE FUND No, . and th t dny "p�ymentmay be made
to the Tax Collector upon such certificate, it shall be his duty upon pr ;ni d'4b the said contractor,
or the holder thereof, to endorse said payment thereon, and that the onrtor `for holder of such Per -
tifieate, shall be entitled to receive from the City Treasurer the amoAtn s paid upon presentation of
the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall
the surrender of said Gertz #irate, when the principal thereof, +i ethe�x with, accrued interest and cost of
f
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 for any interest thereon, or for the cost of collecting or enforcing same, but that the said
conipany }or holder t�+erecf, shall have the right to collect such certificates as therein provided by the
terms; of tho/,Pb.VterW the City cf fort ,Worth, acid,tlrat the said pity of Fort Worth shall,, whenever ,.
man ded by the said Company,, or holder of said certificates, fully exercise its charter power to enforce
the "lieu se6uT ng the said cc ; and" eollect "the same, but shall riiit he liable in'any Manner for
failure, to su cgilect fa r enfq e, the lien thefeof, .
(5) That this ordinance shall tape effect from and after its passage.
ba UO',, 4,bglr,,
0:rd'inatoo was duly pr000nted