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HomeMy WebLinkAboutOrdinance 1043 VORM No.14. 4/ vr' AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON.____AAA . 1, l PP ;A, A"� ? ...,....,, IN THE CITY OF FORT WORTH, TEXAS,BETWEEN ITS INTERSECTION WITH THE.,. T LINE OF,..,,.. Y9lg V , , AND ITS INTERSECTION WITH THE, ` ... LINE OF,_.._. p1mma, ........................... ..,, AGAINST THE OWNERS OF PROPERTY ABl3T- TING THEREON, AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR`PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS,'That: WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of Tai k col i Avenue -between its intersection with the.,,.-..T N .,...York ..-with its intersection,with of,___ by raising, filling, grading, and paving the same; and, WHEREAS,In accordance with raid resolution, specifications for said work were duly prepared by the City Engineer, and adopted by the .hoard of G rmhisslorers;'and, - WHEREAS, 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 of....,... Tex.ae . aa✓aaetru,o,t;ion Coaalla, y. for the improvement of the said portion of said Street,was accepted by said Board of Commissioners;and, WHEREAS, The Texas Construct,OA C"%s! :,.,,.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......... ............ aracer�It+a�+l3itul�tlrac ....pavement with..,: 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 written 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 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 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,,,....: . ...., ,9 .9�azla..itecoi^ .,.. .,. a daily paper of,general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said bearing,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./PV1,'h .-day of-............ 192.,¢....,at... o'clock...A*__I1I, at which time and place. ...... .. . ........... ............ ._ owners,appeared to protest the said assessment and the benefits of said improvement connected:with the improvexneut,of said portion of said stmt. IOW, THEREFORE, Be it further djudged and ordained by the said Board of Commissioners, as follows; to-wit, (1) That the benefits to each parcel butting 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 m that the strict application of the front foot rule or plan,whereby each owner is to be assessed in propor- 1 r tion as the frontage of his property is to the whole frontage improved, would operate unjustly in par- ticular cases and that the sapportionment 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 bereinbe- 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 sat 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, being as follows, to-wit: t ri is ; k 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 capon 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 86 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. (8) That the said assessments shall bear interest from the date of the said completion and accept- ance at the°rate of 8 per cent pef#ffmftn'payable a n ntiall ,; 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 assignable certifi- cate 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 (870 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 with accrued 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 Carty of,l♦'ort'C%4iorth, and that all preree�ufis es to tire,,,,,,,,; fixing of the liens and personal liability, evidenced by such certificates,have been performed. Said cei tif- leates 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 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----. .,Eclat l olio,-A xrldlr--................._....__.. CERTIFICATE FUND No.--. a-........-.. ........... 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 holden 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 recelpted 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 executed and attested by the Mayor and City'Socretaiy a"s'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 1, 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. tiia'ctor-i ios t' T;/za,#-' Oonwtxuotion Co. WROMI-IF Or 61.A. $3.18 ox Combined Curb & C; tier, per 11no fit. 1.> 0 For Eaxth Excanation, ;or ou.yd.---- 0 far Ro ok„ M o atlot 1, ou.Ydz------- 8, r oee om nt O u�A OL A UZ, r z e mist L1„no of Ile- fort Avenue to the Feet Line off` Deeming Avenue, 11 Fort _8 rtb Toasao nff P R �5TAL LOT BILL UDIM011 X=' 1,21 1 ZT, MOT . . ynthia Jones Zgglooton 100 - $6.Z6414 -$W3 41, Wilson Broz i fib: n I -- R -1536. 4'i Wilson, B liner' 21 � 1� - fr - 536.°4 W.C. oallm&r 38 ltd - " - 536.41 ,ty of port Worth (Rilloi$e Park) fronting 6592 and Fort Vorth Perk on the South Side of k Boaacd Us nolia Avenue, -3534.97 'Freehold 8ro erty e vimion of n - 777.80 oomPantr Blk. 39 take View 145 -- . . R000rd & Hattio Cxllmup Record. 10 28 FIX. 8eoord & Hattie 6ilnau h Reword 9 88` n - " - 81 F` ooho d Pra�•erty Co. 8 28 � 268.21 rzaahold Pro";erty Co. 7 28 " 50 -- Paul Gilvin'F 6 as so -- a - 268.21 Paul Gilvin 5 28 64 -- rr - 268.21 Paul 6ilvr n 4 28 rr so - 368.21 F.if.6ondar & 01114 V. 0onder 3 28, E 50 - 368.21 Bertha Smith oraoe and n C3 rt; _ 36;8.21 R. M. CXa00 88 eCxleil ezi=ol 4�ez 1 28 n 5b - 38.3 2.Q. Mriffitu J,C. Johnson 8 37 50 - 268.3:x, J.C. Jobnoon 6 27 TM so - -. 268,21 R.E. Knight 4 27 5Q -- 888.21 E.�(. Co 1 uitt 3 87 60 .. ' -- 268.21 1 Ida Wttt (Force 0016) & A M.Witt (fomo gale) 3, 37 31.E BM Sam . Neely 18' 28. 10 5 7 16 8A w- .. 888<3i. E.A. Beyotte 6 18 8t? . - 368.21 T.J. Metoler & obtiotino tt. Mettler 5 18 e' St3 -- � � 268.21 R..1. Adkoon 4 l8 5C - 868.81 6.J. Be are 3 is a 50 -- -- 268.31 MoLaron 8` 18 5'0 - .. 368.21 2E. 8avz�o 1 l8 minni e . 11v'er (feme hale) 27 19 f 50 -- r, 368.21 o L.0, MoLaren d6 19 54 cr 268.Rl � Eu1a M.Newton and Thoo. . Newton 25 19 50 - � -- 268.21 `. t`. Aireon 24 19 ► so - � -- 268.21: salter Catobinge 23 4 50 - ++ 368.21 Farrar; Lumber Co ,any 3 19 5 o - - 368.31 E.D. Tr-jo 21 19 54 - " 368.a I r-0- Frankl;,n and„ Bella )Fra.nklin 87 19 " 50 - " 268.21 J.W. oe'ett end Fannie Googott 19 19 n 50 R.J. Kelly 18 19 it 50 r► 268.81 o. . Z, ►' 17 19 It 33 Ram 1 38 (Oontin on Fad' 8) ���� eealayl/dazffiml� iuf?"�..ar'( al 0 „ ,iii.,,,,,,,�iai✓a// �G�iii�ii��ur...,, Pag,# #2- 'Z&ot MaSnolia Averme"� RAU PV.R TOTAL IT-& U z JAQT, Blv. APPIT1911 Z210 Ell, COST 88 Loo view 60 - $6.36414 -4368'.al J.B. 8 25 50 - 268.81 F.L' J:r..0 9 25 50 - 3681211 e cr John Burle"Oon 10 25 50 - 368.21 John Burleson ll as So- 2,68.al Oaf. Carroll i's 85 so 268.81 rresbold Property Oo. 13 a's 268,X D&YO B&rbaux 14 85 50 - 21. '.Wo k Rol ison is 36 9 "06 Petry and M'0. (Mao) Petry 16 25 ass so - 368.81 Peter molynea� 17 as - 268.21 Peter, 16 12 - a x66.81. Peter molyna aul 19 2 a 5 - FroaHold Property Revision of Company 4 B1k.39 ft 145 - 777.60 clty'tf 'Fort o th (Hillside Park) front 659 ft. and Port Wotiltark on the North side of East Board Magnolia Avenue 659 - 1-000. W. GOO.W'.Deats 61 - 327.51 Goo. W. Deato and Robert Fowler 14 ff 50 - z 868.21 J.A. Jenkins 13 ff 50 - 868.21 Geo. W. Deato and 1 W'H. Odam 7 2 ff 50 - 288.31 Coo. W. Deats and W.H. Oda m R 50 - n 368.u1 Bob Lant and Mattis 0 50 - ar -.. .268.21 Lane4,v.sims & C.T.1pi int TO Arthur Randall 9 « 50 - n - 268.21 Danial Bass a 50 - n - 368.21 r ,q, Bass and 0 m Dani,el Pass r 150 - - 868.81 Geo. W. Deate 6 n so - 268.21 268.21 TOTAL COST TO PROPERTY OYMXRP------- J27,206.53 TOTAL COPT TO CITY OF FORT WOPT 4,000.00 XO1kTH VEXAS TRACTION 0 196.59 GRAND TOTAL- - - - - - - - - - - - -