Loading...
HomeMy WebLinkAboutOrdinance 837A$818SING A PORTION OF 71 Mr 0TPV1;Vr. from tk street to ritont-streef, in t4a, City of Port Iftrib,, Texas, mgminst the BE IT OPD�TWET BY THE 130APM OF WIVIS831,0XIMS 0,7 THE CITY OF TORT rMPT11, hat: A" of cowtsslozero of tbo" Void j174 7Q "'Propoty by oonstrotits a000zUaaa� with, said ape 01float"lon's, ti the CCIty "r foundaftmr, and, 'R, The said contractor has executed bonds to the City of Fort W rt fo t1 t a tion and mainteannet thereof, in accordance with the said contract, and s�pecifications, with surety as re- quired by the said City Charter, which contract and bonds with the surety thereof, have been duly aP- proved by the said Board of Commissioner%; and, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the Board of Commissioners c6neerning the said improvements, and the cost thereof, as provided by Section 8, Chap- ter 14, of the Charter of the City, which statement was considered by the Board, corrected and approved; WHEREAS, Thereafter the said Board did, by resolution find and declare the necessity of assess- w PA owners of street and steam railways thereon and their property "and d'i6 prescrft� "a,116iAa owners, their attorneys, and agents and fixed a date therefor and did direct the said Secretary of the said City to issue notice of the said hearing by advertiseinent, as provided by the said City Charter, and also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the Said hearing to the said owners and all interested parties by publication thereof, for the time and in the man- a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said hearing, and did also notify the said owners of the said hearing by posting a copy, of the said notice to each of them, at the post office, in the City of Fort Worth, Texas, more than ten days prior to the date of the hearing; and, WHEREAS, The said hearing in accordance with the said resolution and notice was held by the Board of Commissioners on of.-, MI.., at O0.._o'clock.__At.. M., Proteats were made owners, appeared to pr0eat-thesaid assessment and the benefits of said improvem ent connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further adjudged and ordained by the said Board of Commissioners, as follows, to-wit- (1) That the benefits to each parcel of abutting property of each owner hereinafter named by the enhanced value of said property exceed in each case the amounts hereinafter assessed against such 4,, owners and their property, and the said Board having considered the evidence and it appearing therefrom in, whereby each owner is to be assessed in propor- that the strict application of the front foot rule or ph tion as the frontage of his property is to the whole frontage improved, would operate unjustly in particu- lar cases and that the apportionm ent and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and hardens imposed upon such owners, and said apportionment is hereby adopted. (2) That there is, and shall be, assessed against each of the owners of abutting property hereinbe- low 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 Improvem, ents, 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 prop- erty of each, and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit: lomont tor street, and 'Val Of any old Of � old' ca rom VO4 ah�iakg & plaol 'V6mCving S41 i ohing & plaoix It or '.. gam., o 6Q r" MO M Audi A,-3 I$w V300 i SO 78067 8, 468 ImIrob Pension Fund, inompozated 3 6 51 % 4..' C Cy 1CJ8. Q h4�t , Jax v 8 84 - - " BSI 5.6640 141.60) DAGGF 10 1 Wal, A,"!oadozy 11 A-3 8511 46.31300 1080, 0 Qwd Woo 06. 1 (".I -I a lolf 3.69257 37a.98 No a. -Mill" � (� . Wt, 4.3300) 1t/�rr. �000 D*.. J." . Cooper, " a . C� e. 35 t` 4.320 0 108.0 J,*Oo axe . I& 3 t �° 4C >t 4.5;30 035.60 A . & 6 1 CX� }t, 44. QC1C) CiS. QC� , '.° X0�+2,p0� *2t 1, So *U *" Z ,. ." a ,. Zsc 5.S7C.P�15,A BOA* I%wm or ) JKto . .not 3.0w o as , so,, ftxb & IhUw 5 & 0 0 llot 3.93817 433..00 � ec /r f' �i TOOTAL . GUbor .. 95t #3,# #301'40 R¢+ I A,3 1 "40 ftel'oi0r a I T Y' 1001 3.9960 099,40 ex b put o, -__ I, lot FORK No. 14—Condnued� 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: In three equal installments, one payable with, 8 d ne within ear from said date of ac- fw after the date of completion of said work *A"j and its acceptance by the City, one withirreAe-fe, Aid d o rceptance, provided that said owners shall have the right to discharge any installment before maturity by payment thereof with accrued interest. That default in the payment of any installment of principal or interest upon said assessments when due as herein provided shall, at the option of said contractor, or other legal owner and holder of said assessments, at once mature the whole amount thereof, both prin- cipal and interest, which shall at once become collectible without notice. (3) That the said assessments shall bear interest from the date of the said completion and accept- anceat the rate of $ per cent per annum, payable aninixfly,, and if not paid when due the said assessments and claims 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 non-payment of City Taxes as prescribed 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 the City shall issue to the said contractor, for the said improvement assign- able certificate against the owners of said property, and against their said property, which said cer- tificates shall declare the said sums to be due and payable in installments as herein provided after comple- tion and acceptance of said work, and shall be payable to the said contractor, 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 per cent (81/r) per annum, and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner, and personal liability of the owner, and shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited, and by the name of the owner and if the owner is not known, or if the property is owned by an esitate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared or any installment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with ac- crued interest, and with court costs, and reasonable attorney's fees, if Same have been incurred, and .shall, recite the proceedings with reference to such improvements as have been made, in co !up P" with the terms thereof and the charter of the City of Fort Worth, and twat all prer,6quislt6i,� tbe ing of the liens and personal liability, evidenced by such certificates, have been performed. Said cer. tificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipt for payment thereon, which shall be evidence of such payment, on any demand for same by virtue of the said certificate, or any independent contract to pay the game, entered into by the owner of property therein described, 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 ,.. �4qT��lk &, 011rb CERTIFICATE FUND No.____ and that whenever any payment may be made to the Tax Collector upon such certificate, it shrill be his duty on pressentation by the said contractor, or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall be entitled to receive from the City Treasurer the amount so paid upon presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurer's warrant for making such payment to the said contractor, and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasurer, or by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. That said certificates may be issued, with coupons thereto attached evi- dencing the several, instalments of principal and interest thereof, which coupons shall be excuted and natiii6, of said Mayor and City Secretary Attached to said coupons may be facsimile signatures starnped, engraved or printed thereon. Upon payment of any installment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. 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 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 Fort Worth, and that the said City of Fort Worth shall, whenever demanded 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 take effect from and after its passage. N