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HomeMy WebLinkAboutOrdinance 1041 FORM Nk 14, q401 tIL,"f AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.., ,.,FAT„A� ,,,,,.... , IN THE CITY OF PORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE:..,, !PATH LINE OF'.... A ., � ... _ ..........,......, AND ITS INTERSECTION WITH THE..,1!PEl`fiEA.... LINE OE,,.._ + . ._.,.. , ..., AGAINST THE OWNERS OF°'PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. =,n BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS,'1'hat, WHEREAS; Heretofore, the Board of Commissioners of the said City directed the improvement of F, tla easu® ....,,. .between its intersection with the ar” !�. line of-__-Pan cY_.._.., ?" with its intersection with the., �o . .. ,,.,,,line of...___., Lden Street by raising, flilind,,grading, and paving the same; and, "` HEIt;F AS,In accordance with said resolution, specifications for said work were duly prepared by the City Engih' , and°adopted by the Board of Commissioners; and, WHER EAS, Bids for said improvements were duly advertised for,as required by the City Charter; and, WHEREAS,Said bids were received,opened and considered by the Board of Commissioners,and the bid CPai!.,.., ..,.., for the improvement of the said portion of said Street,was accepted by said Board of Commissioners; and, WHEREAS, The said; ,,Texas Construction_ ,�°�p�n1'.. 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 ,------- r1 +Hultlls.. pavement with.,...... . Concrete .. ..foundation; and, WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the construc- tion and maintenance thereof,in accordance with the said contract,and specifications,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 Commissioners; and, WHEREAS,Thereafter,the City Engineer of said City filed his writtenl statement with the Board of Commissioners concerning 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; 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 abutting thereon,and owners of street--and sateam 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 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- ner prescribed by the City Charter, in,............. _...__ l x�th Record . _ .. ... 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 o the hearing;and, WHEREAS, The said hearing in accordance with the said resolution and notice was held by the Board of Commissioners an the... .2nd--,,-day af.._ Der embex' 192.x..:, at...,,_.' , ..o'clock ,A'!;.,.,...M., at which time and place....._._.,..... owners, appeared to protest the said assessment and the benefits of said improvement connected with T� rlpr krernent of saiel' rortiaxl of said,str t—, NOW, THEREFORE, Be it further adjudged and ordained by the said Board of Commissioners; as follows, to-wit;: (1) That the benefits to each parcelwabutting property of each owner hereinafter Warned 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 par- ticular 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- 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 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 property of each, and the total amount in money hereby assessed against each one, and his property, loading as follows, to-wit: . �„ ........... a antraot Awarded: 11"4 Kf. 1f,ar�ment, per eq. y+�►.,___... _..._ 3.C�4' 010ntraot6vv:feet Taias, Oonat.'po.-Curb, er lin.ft. _ _ . .. _ _ .45 a�ret« + lame *te- itulitncsutter, x.er aq. Ft. For Comb, Ourb & Gutter ;er lin. ft, _ ..-- _. I.00 For Earth E,xca.va,tion, ;or oub .o yard ----- __ .90 For R06k, per oubio yard ----------- a.50 11-17--24 Pavia g Aeaaaament 'fbr 117TH' AVFEMM, from the Forth line of Ca.tt Street to thi North line of Lowden Rtreet, Fort Woc t'b Te ad,, R,TE PER TOTAL - ._- 14T SLE, AM-TITO UTQ. FFLET John C.. Ryan Land Co. 1 29 RYAN PLACE 5Ol-$5.63500- 281.25 2 John C. Ryas Land Co.. 8 as d 54l-- " 281..25 3 Tobn C. Ryan Land Oo 3 n, 501- " 88 .85 4 alpbn 0. Ryan Lard Co. 4 29 If 501-- 281.25 5 John C. Ryan Lard Co:.. 5 29 " Sol- 281.25 6 �ohn C. Ryan Land.. Go, 6 28 so]- " .- 281.25 John C. Ryan ,Land Co. 7 29 S0l--. 8' - 281.25 John C. Ryan Land Co. 8 29 " 501 - a - 281.25 Jahn C. Ryan Land Co. 9 29 501.,.. If -- 281.85 10 John C,. Ryan Land Co. 10 29 Sol- +t° 281:.28 11 John C'. Ryan Laud Co. 11 29 50,_ If _ 281.25 12 John C Ryan Land Co. 12 29 " 501- " 281..25 13 John C Ryan Land' Co. 13 30 501- 281.25 14 John C► Ryan Land.. Co, 14 30' " 501- " - 281.25 15 John C. Ryan Land Co,. 15 30 " 501-- " 281.25 16 Jobn 0. Ryan La,ndd. Oo. 16 30 ,r 501- 2s-*; .25 17 John C. Ryan Land. Co. V 30 591- 1' 28i,,25 18 John 0. Ryan Land Oo. 18 30 501 h 281.25 1$ Jahn C. Ryan Land Oo., 19 30 n' Sot_ f, � 221.25 1 John C, Ran Land Co. SO 30 n` 501_ ++ .- 381.25 21 John C Ryan Land Co.. 21 30 '"' 501., - 881,05 22 Jobn 0 Ryan Land Co. 22 30 If 501-- - _ 281.a5 23 23 u0 John C. Ryan Lana Co. f` 24 John C. Ryan Land Co. 24 30 If Sol- TOTAL COST TO THT PROPERTY OWITERS-- -. TOTAL COST TO THE CITY OF FORT 'O TC 970 OCl FORM No 14,-cat 3n+a r 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 within 30 days after the date of completion of said world 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 clue as herein provided shall, at the option of said contractor, or ether 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- „ once a „th;rate,o18 per cent per annum,payable annually,and'if not paidl when°dao-,the said and claims of personal liability shall be enforced, either by the sale of such property by the officer and in the planner,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 assignable certi - cafe against the owners of said property, and against their said property, which said certificates shall declare the said sums to be due and payable in installments as herein provided after completion 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 (8%) 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 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 wr�,��6; accrued interest, and with court costs and reasonable attorney's fees if same have been incurred and E ' shall recite the proceedings with reference to such improvements as have been made in complrancb" Y7't l.,,,the, l�s,,,k orec f and,the,Charter.of the City of Fort Worth,,anal, that all prer`u,qufa3tes fixing of the liens and personal liability, evidenced'by such certificates,have been performed. Said certif- icates shall be executed by the Mayor and attested by the City Secretary with the corporate saal. Said certificates shall provide that the same shall be payable tolthe Tax Collector of the City,who shall issue his receipt for payment thereon, which shill 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 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.----. ? '- CERTIFICATE FUND No._. -------_: -- -- and that whenever any payment may be made to the Tan 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 evidencing the several .installments of principal and interest thereof, which coupons shall be execrated and attested by the Mayor and City Secretary as are said certificates under"the terms hereof, but the signatures 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.