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HomeMy WebLinkAboutOrdinance 1144 fcau 146, 14. slWamoss AN,ORDINANCE ASSESSING A FOATION OF THE COST OF IMPROVEMENT ON___Al� 4 INT149CITY OF FORT WORTH, TEXAS,BETWEEN ITS INTERSECTION WITH THKERaSt, LINE AND ITS INTERSECTION WITH THE__.'flft,&'t__ LINE OF.,__1 AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON,AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- 'BE IT ORDAINED 13Y THRi, OF THE CITY OF FORT WORTH, TEXAS, That. � .-between its interse(ktion with the,.,.# by raising, g for said work were duly prepared by W ed for,as required by the City Charter; and,WHEREAS,Said bids were received,opened and considered by them AM 11"and the for the improvement of the said portion of said Street,was accepted by sak Mad , WHEREAS, The entered into a contr4vtwith 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 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 C, r- whi contract and bonds with the surety thereof, have been duly ap- proved by the said 30 4 UwA; and, e' 'i c6ity Engineer of said City filedhis written statement with the"'AW WHEREAS,Th ,j6eoncerning the said improvements,and the cost thereof,a by Section 8, Chap- ected and approved; ter 14,of the Charter of the City,which statement was considered by thoAff" and,WHEREAS, Thereafter the said 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 ow."ra of street andsteam railways,thereou 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, ........... 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 | .at y which time and place___._------------ --__............_ ...........................____ ......-__- ..................... __-----------__ ........ �_ - ' .......... ` owners,appeared to protest the said assessineut and the benefits of said improvement connected with the improvement of said portion of said street. A "" and ordained by the s NOW, THEREFORE, Be it further adjuged aid as followsi to-wit: (1) That tho benefits to each parcel abutting,property of each owner hereinafter named by the enhanced value of said property excee, case the amounts hereinafter assessed against such owners and their property,and the saidWAC considered the evidence and it appearing therefrom that the strict application of the front fbof'r'uile 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 propert y owners, having in view benefits received by and burdens imposed upon suchowners,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 liereinbelow 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 11% property of each,and the total amount in money hereby assessed against each being as follows, to-wit: one, and his*property, ' FOAM No 14­LwAinued 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, claim-, 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: talln*s wnegiai L n9t I lin at 0# J*J?h dne i ','.u, ReaO, #fd C� id a ceptance, provided that said owners shall have the right to ment 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. 0) That,,the said assessments,shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum,payable annually,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 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 (81;1,',) 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 terrag'thereof and the Charter of the City of Fort Worth,,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 sarne 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,,1which fund is hereby designated as the---.. . .......r­------- ------------- CERTIFICATE FUND No.--I_---------------­­----I 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 colle-ation, 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 SOcretary as are said certificates under the terms hereof; but the signatures of said Mayor and City Secretary attached to said coupon ""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. iw t N 1 Paving Assessment for AVENUE "Kit, from the East line of Vaughan Street to the West l ge",of Mackey Street, "Fort Forth Texas. nro , Awards :10-27w 5. 'ricer , ContractoriCenera,l Const.Co. 2 ;vement,, .per sq.yd.-a 3.00 Pav,ement12l' Uvalde Rack Asphalt.Curb, per lin.ft.-----. 5 Gutter, per sq.ft.---- .272 For Oombinid Curb & Gutter, per linear foot --------- 1.00 For Furth Excavation, per cubic yard, --------------- .75 For Rook Excavation, por cubic yad----------------- 2. 0 to 99 AQaggjZent-9I_A:-Dr-U 99th-192611 .RA 9 TOTAL M E L'T AFDITIO F "T0. F T..FT. COST , Lussapkix; 9 92 :[ LyTTICMC z,G,x .9 60 t 45�85995-- 351.60 G-fir.Lumpki 's 10 82 tt 501' If 293.00 Mollie A.D=as, (feme sole) 11 92 r+ 501 ft 293»00 Martin Xox..ey 12 92 50t it 293.00 J.H.Williams 13 92 tt 50t ri 293.00 A.T.Hunniout & wife Mrs.A. . Hunnicut 14 92 if 501 If 293100 R.N,Holden 15 92 " 501 " 293.00 F W.Fri shburn 16 82 17 501 293.00 E.L.Maxwell & wife,Florencu A. Maxwell 81 it 501 it 293.00 Horace Word 10 91 ti 501 t' 293.00 A.JM.Miller 11 1 if 501 293.00 0. .Vinson 12 91 11 501 ti 293.00 Gleorge M.Rartlettl 1 t' 50 293.00 J C.fny"th 14 81 t'' 501' 293.00 o. T.Brown 15< 91 t,' 501, ? 293.00 E,at'.J-i W.,Di oki:nson. decsd..Harriet Elizabeth Dickinson, Admtrx.Ruby ,Lee Hays, of vir. F.R.Hays,Annie Halyn Vinson, et v r, 0 »J.Vinson & Mary Love Dickinson (fe to sole) heirs -- ----16 81 11 50t it 293-00 Annio L.Vhi t a 10 80 50t 293-00 H.O. Singleton 11 80 50t 293100 .Miss Mary Ahearn (fete sole) 12 90 ' 501 " 293.00 Louis loll, 1 0 tt 50 t " 293-00 T.L,Morton l 80 t' 150t n 293.00 FG'.H.Be11 15 0 ti 5p' tip 293-00 H.T.Rra+,nnon & Goo.M.Corbett. 16 8o tt 50t ii 293.00 H,F.Turle.y & wife Ms.A Enos Turley 17 80 t' .501 " 293,00 R.F.Tu.rley & rife Mars.Agne s Turley 18 g0 Pt 591 If Z93*00 G-W.I rown Raul Gei er�.____..�,.__-- 12 79 rt 6,0 t tt 351.60 wife Fora, Boll Phillips -------- 13 79 it 501 it 293.00 J'.A.M�nrtin & wife Martha E.Martin--� 14 7 ii' 50 t it 293.00 A..T.Fayne & wife, Mamie Payne ___-- 15 79 '� 50 t " 293.00 .R.Grreer & ~;rife Katy Greer -------16 79 tfi �0t r� 293.00 A.R.Greor & wife Katy Greer ------17 79 '" 501 � 293.00 A. Leader 79 +1 01 tt 293.00: Arthur Wallis ----19 79 r.' 501 !" 293.00 J".H,,Able & wife Addis Lee Able-----20 79 it 50t ih 293.00 y, sry "" t IT x Lthsrid&a E,Pitts•& o .' 2.--Avanue YXII Assessment„- ntinued.. RATE TOTAL 'reron Party wife Zt el porter 22 79 POLYTECENJO HTS, 50145.85995°x#293.00 JRuss11 wife tae Russell 12 79 60, ” 351.6o O.2.Jac> so wive Mvie• J;,,:, Ja,c)C'son 13 78 11 501 "r 293':00• O s .r '11.Redd cn F wife Lucile Redd=14 78 "1 50' 293.00 Lul J. Teeman(widow) 1 � 7 50 °_ 293.00 W . .1�ood----_��-__l 7� "' 50�. "� � 293.00 Dot, V.. 'festal -----17 � 50'- 17 293.00 R*F m Watkins ------is 50 r. n 293,•00 Lei Orenat & i l .' X19 7 , 293.00 Hasa.y C.t edmond---20 79 293.00 R.F.Wtiins _w. __2 $ " 50 r 1 293.00 C.E.2mith ---------22 8 50' 293.00 Lee drenshaw & R. Cooksey------ 1 101 "r 501 " 293.00 -., 4*G.Kestlex 2 101 50' 293,00 J. . rerguson 101 "i 50" it 293.00 O3. .'Ti.ml n F 101 50 1 293-00 J.La Nolan 5 101 � 501 i1 293.00 p-4,Qwzrl son & , , , wife abe' th May , ,Garr;i qqn _------ e6 1p1� ,293,00 11it ea*"d faire - _7...101 _ ._.w. : .. .,. 50": des ("wlclaw ; 10IP 3.CUa 50 - 93:00 101 i 5 it 9 .00 K7.Aalxa ='----11 101 60" '" r60 *6S Pe asy- 0anp- k 100 ' SO r ;?93,.00 , & w 2� 100-, -,,, 5011 293,00 r y - 1:0121 a 50 "r 293.00 1 .Astn - __ 130 ti 501 293,00 1`00 ro -50,1 If �^ *J., e .00 x, �¢ � o� .'Y 111ams lClO 501 93:OD 4r ourne -- 1,00 293.00 �°Ai ' ssun 10 100 st n2 . .0'0 60 i1 ons ;1 ;; X93,00 ,a ell TV �qache ._ ; !'9) `ca'ffi. q, # esp e 501 hr 0. 0 X1 d1bbozs ° 9 �. �" ;r+ X93 00 9 it 50 r 71 99 " 51 r" . * :° Alan , 50r 'd �r�93x00 "" ti s� ) , -- - - 1 99p{� 503 0/10 +rt .' e 1 K3 0 5 , ,p�a� wVO e . ,y 9 �Ik [}� I! , 10(0ry 29 100 w, pq , 29 00 50 ,00 Rao 3.-AA.venuo 1,1101 Aseeas ent Continued. RATE TOTAL 1011, IOT T Ell /1941"Z11111 tET. COST S R.C.mt oTe, Moore lierman Moore, A.J-Moore,. � � "e.�R � oti�,.I. .- 3C?re,Jr. , ". .Jenard - 6 97 tip' t. Y 293100 7 97 is 9 r i? - 293,00 g 97 601 351.60 TOTAL COT TO THE PROPr=Y Q1 '» - - - - - _ - - - TOTAL COOT TO THE CITY Or FORT WORTH- - - - - _ - - -- 4,000.00 TOTAL COST 10 THE X.T.T.00.-60v 0 $,2.94753- - _ - GRAND TOTAL _ - - - - _ - - - _ - _ - _ - _ -- _032,070.45