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HomeMy WebLinkAboutOrdinance 1140 Fo A AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT IN THE CITY OF FORT WORTH,TEXAS,BETWEEN ITS INTERSECTION WITH THE.-a'aut-11 LINE O „� 2 .,, ll.I ii_Wa, 1 _...,, ALTO ITS INTERSECTION WITH THE_.,....NA,1 m°. i1 LINE t T,� "....,.",'a " A ... „ ,..,: AGAINST THE OWNERS OF PROPERTY ABUT ­ TING THEREON, AND THEIR. PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- WAYS AND'THEIR PROPERTY„C ,t Coed"e BE IT ORDAINED BY THE OF THE CITY OF PORT WORTH, TEXAS,That; CL's° Ct�uul" r WHEREAS, heretofore, the d of the said Citdirected the improvement of t 'n, , ,,,.... ..between its intersection with the, line of.. ' �� 0.V lutll il.rl l .....,....with its intersection with the ..-..line of_.",'. .tl l.i by raising, filling, grading, and paving the same; and, WHEREAS,,In accordance with said rig" � f bons Tor said work were duly prepared by the City Engineer, and adopted by the B ^ iwra., and, WIIER AS, Bids for said improvements were duly advertised for,as.required lay the City Charter; and, C ity.C iiuo 1, WHEREAS,Said bids were received,opened and considered by the R~4 of-6 as"ire,and the bid of "I „ F�� .,. . SIT.....,, for the improvement of the said portion of said Street,was accepted by said Beaz sa1e�rsq and, WHEREAS, The 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.. ... _......... ........... .....pavement with...,.. � �i�; a a. ... ..............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 q,dired by the said Ci , ontract and bonds with the surety thereof, have been duly ap- proved by the said ate; and, City WHEREAS,Thereafter,the City Engineer of said City filed his written statement with the 9~4, Gommwaisaev coneerning the said improvements, and the cost thereof, as provided by Section 8, Chap- ter 14,of the Charter of the City,rwhich statement was considered by the a*d xrected and approved; and, C o arl,tt I I C�Ic ka?'ire WHEREAS, Thereafter the said meal 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 abuttin ,iTeop,and owners of' re and stem ra9i ays hereon,snd�� r aped„mod” 11"prosc�d��a'If, ring 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 flail y tl o �'for�, i I_.. t o( ti nor prescribed by the City Charter, in.,.IiT�,a�. :f "",o,i.. ,:A , �. ..._.., _,.,_ .....„. per of general circulation in the City of Fort Worth, r 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 Fors:Worth, Texas, more than ten days prior to the date of the hearing;and, f tr ,HE�E��The said hearing in accordance with the said resolution and notice was held by the eratim Jorem on the..,... : , 1,1.day of....,.. fi ,.....-. ,192A.— ,........-M., at which time and owners,appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion,of said street, f C NOW; THEREF'lfli ;"Re it further adjudged and ordained Iiy the said & rd�� fYesrin�i�trs, as fdl[6vs, to-wit: (1) That the benefits to each parcel abutting property of each owner hereinafter named by the enhanced value of said property excee ease the amounts hereinafter assessed against such owners and their property,and the said g 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 froze age 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 roperty owners, having in view benefits received by and burdens imposed' upon such owme�ra,and sai apportionment is bere yladopted. (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 ors �open of`each,and the total amount in money hereby assessed against each one, and his property, ng as follows,to-wit: M 0 h*m ......� Paving Aseess,ment for'L XE STREET, from the South line of asst Seventh Street to toe Borth line of Tsst Ton Street, Fort WoRth, ,Ulm , vut a t A srded 4-13- 6. pavemesq yd--------$2085 04'Atraiktov:Wost Texas Cnnsµt. Co* Curb, Iii. 45 ave n %t, srrstnits-Situl th3a. Gutter, stiq ft.- --_- 035• Fox Cambined Curb & Cuttsr, per l ixn. ft----.....----- .85 FQT Ear�tli Excavation, per em�bie yeXd---------:----- .55 FoT Rock "MM' 5TAL wom Kai; LC°` BklTr TIC1 FIdTC. M.F'. COST Foster P. Jennings All of 24 Jennings west 322.5. $6.87099 $8,815.89 L. R. Fitzgerald S.1OO' - 17 100.0 " 687.11 "deTeou-Seen y Investment Co. (Acor oration) 17.206.51- 17 206.5 1,418.86 TOTAL COST TO TIC PROPERTY OWNERS - - - - - - - - - - $4,331.85 TOTAL COST TO THE CITY OF FORT WORTH- _ - - - - - - . - - 3t�.f-4 CRA11I) TOTAL - - - - - - - - - - - - - ,631.85 h 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: six In tbom equal installments, one pay w hin 'ill days fter he to of comp],tion of s 'd work d it eeeptance by the C°t it� Ala ova ibW'' 44 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,.�rt #,lar.►r� tw.wf. cr, a11.�arxr ��d. al .said- s + w,at once mature the whole amount thereof,both prin- cipal and interest,which shall at once become collectible without notice. «» ,�» ep`ts shall'bear interest from the date„ „the said=completion a�d accept- ”°" " ante at the rate of 8 per cent per annum,payable annually,and if not paid when dine 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 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 dine 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 shalt 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 whale 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 City of Fort Forth, and that all prerequisites to the 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 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 samee 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----------------------Lai . � »T_.---_---.._..-.- __._... 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 saidticontractor,and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasure r, or by the sur-render 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 ,Secretary as are said certificates under the terns hereof, but the signatures of said Mayor axed 0ity 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 North shall not be Iiable 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. ( ) That this ordinance shall take effect from and after its pamage.