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HomeMy WebLinkAboutOrdinance 944 FORM No. tA. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON_...-.. IN THE CITY OF FORT WOR H TEy��!AS, BETWEEN ITS INTERSECTION WITH THE,.,. , ».. LINES OF.. T'S" ASBA� p F F II Afr" Y AND ITS INTERSECTION WITH pTHE ...,.. APT....HF4�G vt AU& , T&D HEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. IIE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CI'T'Y OF FORT WORTH, �! TEXAS,That. WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvermnt of is Btrsst _,.::.....between its intersection with the.--.,,., s .,:...__.line of..s ! � r�nsi+a T Il I,I d .,Rig, m f',� 1pw1 its intersection with the arrt..._w..line of.,_... , I AF A-.- Y"A_ by raising, filling,:gra,ding, and paving the saute;and, ,isciasAppi Avenuo from the South h of dt eat tc'tl,o Souil line of Button, WHEREAS,In accordance with said resolution, specificataans for said work were duly prepared by the City Engineer,and adopted by the Board of Commissioners;and, and, Bids for said improvements were duly advertised for, as required by the City Charter; .. WHEREAS,Said bids were received, opened and considered by the Board of Commissioners,and the bid of .............Yale. Toxll _. onstr otf,s .... "F�ali »,._...,for the improvement of the said portion of said Street,was accepted by said Board of Commissioners; and, WHEREAS, The said_ _ rfst Tacusasptrutt?n_ :,..has entered into a contract with the City of Fort Worth,as provided by the Charter,for the improvement of said street, within the said limits by raising, grading,and filling the same and by paving the same with.,, , ..,.. ._..... K.., arronite B�tulithic szmrste pavement with .....,..- .,.».. foundation; and, WHEREAS, The said contractor has executed bonds to the City„of Fort Worth for the construe- tion and mainteannee thereof, in accordance with the said contract,and specifications,with surety as re- quired by the said CityiCharter,which contract and bonds with the surety thereof, have been duly ap- proved by the said Board of Commissioners;and, WHEREAS,Thereafter, the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof, as provided by Section b, Chap- ter 14,of the Charter of the City,which statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the said Board did,by resolution find and declare the necessity of assess- ing a portion of the cost of said improvements against the owners of the property ahutting thereon, and owners of street and steam railways thereon and their property and did prescribe a hearing of the said 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 advertisement, as provided by the said City Charter,and also by pasting said notices as provided therein;and, WHEREAS,In accordance with the said resolution,the City Secretary did issue it notice of the said hearing to the said owners and all interested parties by publication thereof,for the time and in the man- ner prescribed by the City Charter, in... ... _,....moo.. iT . 'ilFh Rerird a daily paper of general circulation in the City of Fart 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 the,...._». ,r,.....day of..... +lxpi:...._., 192.-1.,, at..,,-......... .:o'clock_.. ►;.,..M., at which time and place.. ...... ........ . . ...... ........... .............._ _. ....... ....,,.,...,.. .., owners, appeared to protest the said assessment and the benefits of said improvement 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-with (I) 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 owners 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 propor- '? tion as the frontage of his property is to the whole frontage improved,would operate unjustly in particu- lar cases and that the apportionment and assessment hereinafter made will effect substantial equality and,justice between property owners, having in view benefits received by and burdens 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- love 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 prop- erty of each,and the total amount in money hereby assessed against each one, and his property, being a .. follows,to-wit: Olj 004tMot Awarded.- May let.'233. Prioe Bid. Coutvat toT-.West Texas ConatTuction co.F4V"m Kt-,per sq.y&-------03-13 P,&vm$Ut:8"WsXTsUIt0 Bitulithic. Quxb, par .45 244Gutter, per sq.ft.---- 21, For OoWciaed Curb & Gutter, per lin.ft------------ 1:00'. For Earth Ezoavation, per cubio yard ---------------- .90 Fox Rook, Exoavat ion, per cubio and --------------- 50 ?wring Assessment for LAPPS STREET,from the East line of M,KAT.R7. R.0,W, to the Beat line of Mism.Ave.; and 1Aj5810sjPPj AVM Molzom the South line of Capps street to thi Soutb llaa of tot gtrept. Fort Worth TIM. RATE PER TC-IL x -A 9 z sm . 'ODITTOir YNTrz, MAIJ.- #24 Mi a$,Our 1,"Uzaa, & 5.43 aores of A.9t6rAon Temm Railvv Go. Swovey,t`rontln gout on Capp a St.151.541 *Ajoining R.O.W. on the east. 154.54x$7.11943- 1,100.34 #15 National Bank 14.58 moves of A.Stin- son survey,frouting G'outb on Capps, Street 4,347.50 #14 Ellit; & C.R. vilokery 26.079 acres Of A. Stinson, survey,front- ing south on Capps, #42 John C. Ry Land about 830. 8301) _ 50909.ls sa #406gazy as as"Ryan sowhsifsi"."11- 406.52 1 Jo n C. Ryan Land Company 27 88 0 -601 555.97 #40 John 0. Ryan Land Cmpm* as '98 -501 a55.97 #30 John 0. Ryan Land Company 25 08,," -Sot 355.97 #38 Job-i 0. Ryan Lenl 355.97 #29 John 0. Rym Land 00.,-4pany., 03 as -501 - 355.97 #37 JoL:i,0. Ryan LarLd ,I 0oupany 32 3811" a -sot - 355197 #36 John, C. Ryan Land COMPAny 31 38 " ff -50, - 355.97 #35' John Q. Ryan Land 01 1 coo as 38 1 It -001 - 855,99 #34 John 0. R,.,,a n Land oo,q='47 It -501 - " 355.971 #33 John C. Rv-"m Land ia 38 ff -50, - $55.97 32 John C. Ryan Land 0 my 17 Z� t - 41al.Iq #31 :�%0 ' 0. Ryan Land 00m,may 16 3811" -601 - 427.17 #30 Joh-i (11. Ryan Land Compa,4Y 15 38 355.97 John C. Ryan "janAmik k 000pany MINE30 291 -50, - 355.97 John u. Ryan La as,"" 355.97 Copp any "Wa -501 - #55 John C. iyau Land t')" 0 aa a " _r>0 I - 4 aobn 0� r1yan,Land 00,Uvany or( 39 #33 Jobt 0. Ryan Lane ootve my 36 S911 -501 .. 355.97 02 J o4n, °,, Ryan Land 0 company 35 .39 -501 - 35E.97 gym: n P109,8 0.-(Continued) CAPPS STREEN 10,8vastment. A AX L L�xx RATE PER TOTAL D.1212',,' - FITT01- KT.T. ET., MST #51 John 0. Ryan Land 0"I'p 24 119,"Ayaa Southeast-, 50?-$7.l194,&-$35b.97 #30 John T Ryan Land comany 23 29", it 0 - 50t- If - 355.97 #47 J ObA, 0. Ryan Land J48 Company 22 291, - sot- ft - 355.07 John C. Ryan Land - Company al 39 n n - sot- If - 355.97 John C. Ryan TAnd Company. 89-1 If If - 501- - 355.97 #46 Jobu.OZ Aven, Land Company 19 29" 9 it - aot- a - 355.97 #45 John C. Ryan Land Company is 2'91, 0 if - 1501- a 355.97 #44 John C. Ryan Lana 00gr,mw 17 39 a If - 501- It 305.97 #43 John C. Ryan Land company 16 39 4 - sot- n 355.:97 #65 John C. Ryan Land - - CO qM1%v 36 30 50t 355.97 #64 John 0. Ryan Land Company 35 3011" " n - 501- 355.97 #63 John C. Ryan Land Company 34 30" 9 n - 501- 356.91 #62 John C. Ryan Land Of4wazy 33 30, 0 ^ - 501- 355.97 #k John C. Ryan Land Onr4pany 331, 300, - a0 0l- 355.97 o John C. Ryan Land COMP&4y 31 30" - 501- 355.97 John C. Ryan Land longlany 30 30 Y n K - Sol- n - 355.97 #58 John C. Ryan Land 0 39 30,0 a - 501- - 355.97 0.0 T."M ex,Hering 9 (�Ivv) 38 30 ff - 501- n - 355.97 ]a. J. P. Atni t 97 30 n M - 50'- If - 355.97- E-L-Yates & J.W. Yates aa 30 It - sot- ff - 3B5.97--, J.I.Yates & E.L. 'Yates 35 30 0 it - 501- n - 355.97-- $116 R.A.Vood M 30 0 - sot- - 355.9711- IT 20 J.T. Hughes 23 30 If IF - 501- 4 - 355.97,-- 9 J-W.Hu4gh0A 22 30 IF If - 501- 11 - 355.97- P. A. ',dwell $1 30 - sot- n - 355.97 10 J-R* Turtsr 20 30 - so,- If -- 355.97,,-. 1 F. Van Slokle 10 30 n It - 50t- it - 355.97,-,,, J.M. Browning 1 38 It - 854.33, P06 U 38 854.33 215 sm. Von* UO,* 1 45 fit N -1301- 1:, 854,33 #23 Vrw* MAsseagale 33 45 T'.E,Beztley U J. x. Sm3zb 3R 52 -1201- Ili 854.33 Z-1T. Wilooz 18 53 -lap 854.33 Oout"a Fort; wort:.a Land Comp y 19 L.L, On 534- of -lao 1 854.33 13 X.F. wailrars 19 44 854.713- Willie Coates 18 n It -1X�t 654.33' �2 Edgar JerLLIns & B. Curtis 19 39 0 �1;30 854.33 4,2 Duvio 18 09 a -120t- sac Pie #5- CAPP'S STREET AseLsament Continued. RATE PER TOM N LOT BLK TIOY FN M- , FT, QQST C. L. Davis 18 39 Ryan Southeast 501-57.1194X-4355.97 C. L. Davis 17 39 If Sol- fl - 755.97 #_2 6 A, J. Nefiess 16 39 It Sol- a - 355.97 #7 Art Davis 15 39 it rr 501- 0 - 355,97 )7 W,,I 6,tqp,hen, 14 39 501- q , tyjIC7 oi�,Oxn 13 3'9 501- 0-7 2, I J. P. Atnit la 39 got- 355*.9,7 05 South Fort Worth Land Company & G.W. Humphreys 11 59 Sol- 355,97 X95 John C. Ryan Land Company 10 39 501- 355.97 #7 4 John 0. Ryan Land Company 9 39"' Sol- 355.97 #73 ftlin C. Ryan Lane. Co4any 8 39 '0 n it 501- 355.97 7 2 Jobu 01. Ryan Wnd Company 7 39 501- 355.97 #71 John 0, Ryan Land Clomp any 6 38 501- 305.97 70 John C. Ryan Land Coupany 5 39 e, n n 501- 355.97 -#09 John C. Ryan Land / company 4 39 It w Sol- If - 355.97 08 Jcbxi C. Ryan Land 14f Corapazy 11 39 Sol_ 9 - 355.97 John C. Ryan Land Corapazy 8 39-,," ft - 355.97 #66 ichn C. Ryan Land Comp any 1 39 11 a Sol- - 355.97 #9s John C. Ryan Land Company 15 404 So'- e. - 355.97 #89 :obn 0. Ryan Land Company 14 404 It 0 501- - 355.97 #88 John C. Ryan Land Cqmp any 13 401/ - 355.97 #81 John C. Ryan Land Company 12 4,0 60?%- - 355.97 #86 John C. Ryan Land Gurapszy 11 40°( e n Sol- ^ - 355.97 John C. Ryan Land Company 10 40 501- trs - 355.97 #84 Johu C. Ryan Land Comsaw 9 40j r1 n 501- n - 355.97 #83 John C. Ryan Land je, Company 8 40 501- n, - 355,97 #82 Johr. C. Egan Lana Company 7 401, n u 50'- - 3r.5.97 Jo%n C. Ryan Land Company 6 404, 501- n - 355.97 #80 John C. Ryan Land # comrazy 5 40j, 501 - 355.97 19 JoIn 0. Ryrn Land Company 4 404 501- to - .455.97 #78 John C. Ryan Laid Company 3 40*� n rr 501- it - 555.917 07 John C. Ryan. Land Company a 40' n n ro r- n7 - A35.97 #76 John C. R;L n Lai.3 Company 1 40" 11 n 501- n - 355.97 #104 John C. Ryan Land Company 14 41 v IT 501- U - 355.97 #103 Jobn C. Ryan Land Company 13 41 If, If 6 0&- - SZ7.17 AS Page +4- CAP'S STREET A88618m"t Continued. RATE PER TOT$;L LOT BLE, AMITION MIG, U10M. J102 John C. Ryan Land company 12 41w Ryan Southeast 601- #101 John C. Ryan Land el Company 11 41-11 4 Sot- 355.97 #100 John C. Ryan La;nd pomoan,y 10 41 n ft Sol- 0 199 John C. Ryan Land * Company 9 41*, 501- It - 355.97 John C. Ryan Land company a 41", n a 50t- - 355.97 John C. Ryan Land Company 7 41, U tr 501- tt - 355.97 06 g John C. Ryan Land MCompany 6 41*' 50t- - 555.97 -Jobn C. Ryan Land company 5 41" it Sol- 3.56.97 #94w!John G. Ryan Land Zroompany 4 411 tt tt 50 I- ,03 John C. Ryan Land 4compazy 3 41 501- 355.91 #92 Vohn C. Ryan Ldtd �Conn any 2 41 Sol- 355.97 P, ''John C. Ryan Land Company ,1 1 . 1, 1 411 56.81 it 404.38 #28 A.,T,,)hn C. Ryan,Land -;Oompany 23 6/Rysn & Pruitt 1601- -1139.11 26 E.Q.Fulton a 6 124 1 1COAL4 0. 'Taylor 23 5 689.93 O.r*.7iokery & 112x rams X.Ells a 5 tt - 889.93 L.M. Barnes 23 4 - 889.93 .......... S. sla-woon a 4 889.93 4 J.W�.Whjts 23 3 lz5t- ft 889.93 D.F.Iggleston a 3 n a lost- a 889.93 W-H.Gteenwood & crazes 'U. Ellis- D All of Block 43., &a shown on plat of the Ryan & Pruitt Addition, being out of tX Lydia J. Waxwiok Survey, fronting no on Capps Stxeet'." .' 246 -1751.38 TOTAL COST TO PROPERTY OWNERS - - - - - - - - 64 573 81 TOTAL COST TO THE CITY OF FORT WORTH - - - - - 19,1000:00 GRAND TOTAL - - - - - - - - - - - - - oPh" FORM No. 14—Co.11o.ed. 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 lion upon the said property i 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 within 30 days after the date of completion of said work and its acceptance by the City, one within one year, and one within two years from said date of ac- ceptance,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 cpmple tvw , ance at the rate of 8 per cent per annum,payable annually,and if not paid whc e' 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 percent (8%) per annum,and each certificate shall recite and declare the fad 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 estate,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 compliance with the-terms thereof and the charter of the City_of,rqrtWorth, 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 sea]. 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 same, entered into by the owner of property therein described, and shall provide that the Tax Collector shall deposit all Burns 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 thefpg STRID.? ........... CERTIFICATE FUND No..............-, and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty on presentation 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 excutedJand attested by the Mayor and City Secretary as are said certificates under the terms hereof, but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, 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.