HomeMy WebLinkAboutOrdinance 1317 FORM No. 14 M, a.E.CO
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AN ORDINANCE /.01
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON-I(C ��W. i.�...
�� N f
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
°+ � ,
..........._.....LINE OF.. �,��.! . rr,L.i'���....l.�P, �t ¢n..._.... AND ITS INTERSECTION WITH THE
,.............._.,..LINE OI+,. - t .� n 1µ S.w gyk.1 , ui t, �,...lit AGAINST THE OWNERS OF PROP-
ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND
STEAIVI RAILWAY'S AND THEIR PROPERTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, That:
WHEREAS, Heretofore, the City Council of the said City directed the improvement of.,.......
T W 1 .E& ...DRIVE ._...... ......... ........between its intersection with the.-..S 111__,..,.....,.line
Ro t with its intersection with the ._ . ! i........ .....line of..1p; (« ... &" ,� i I , �
ing, fillip .+ -..
g, grading, and paving the, same; anc1,
WHEREAS, In accordance with said resolution, specifications for said work: were duly prepared
by the City Engineer, and adopted by the City Council; 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 City Council, and the bid of
said ,.�eet, waV �. ^ � 1,µ�. (Ill'III . �F�� ����� _._. _..._-............, for the improvement of the said portion of
St s accepted by said City Council; and,
WHEREAS, The 010111Z 7 `N17. ....., . ...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 pa�`sing the same with
� ..., ii,� : ... . _............
........................pavement with...rei ._ . ,i,� ,�i..�:. ........... _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
required by the said City Charter, which contract a nd bonds with the surety thereof, have been duly
approved by the said City Council; and,
WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the City
Council concerning the said improvements, and th e cost thereof, as provided by the Charter of the
City, which statement was considered by the City Council, corrected and approved; and,
WHEREAS, Thereafter the said City Council did, by resolution find and declare the necessity of
assessing.a portion of the cost of said improvements against the owners of the property abutting there-
on, 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 Secre-
tary 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 manner prescribed by the City Charter, iii---., °.iai ., ., ��t,�I. "��_.- .� :� �;i;...... _-. ............
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
City Council on the......; i ..........day of......... l ion ���°���-ii ................... 192....7..., at...9.A".3 . --.o clock..... .�"�. ........1�.,
atwhich time and place----,.,._...... _ ........... --- _..._.,..,...... .. _........._............_....._...- . .....
owners, appeared to protest the said assessment an d the benefits of said improvement connected with
the improvement of said portion of said streef.
NOW, THEREFORE, Be it further adjudged and ordained by the said City Council, as follows,
to-wit:
(1) That the special benefits to each parcel of abutting property hereinafter mentioned in the
enhanced value of said property by meal of said improvements exceed in each case the amounts herein-
after assessed against such property and the owners thereof and the said City Council having considered
the evidence and it appearing therefrom 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 the several parcels of property hereinbelow de-
scribed and against the owner thereof as their proper pro rata part of the cost of the said improvements,
the several sums of money set opposite the description of the respective parcels of property. The name
of the said owners, as far as known, and descriptions of the parcels of property, and the total amount
in money hereby assessed against each parcel of property and the owner thereof being; as follows,
to-wit
Paving Assessment for TOW SEND DRIVE, from the South line of 6114_;
Cleburne Road to the South line of Blocks 3 & 4, South Summit
Heip,,,hts Addition Fort 'North- Texas,
ontract Awarded: 27 r Ce I3 AL
Contractor: General Const.Co. Pavement,pex sqiyd,--$2.E`~
Paveirient- 21'Hot Mix Uvalde Rock Asp-halt.Curb, per lin.. ft.----- . Z�L
Gutter, per sq. ft.--- .25
For Combined Curb and Gutter, per linear foot--------------- Ell
For Earth Excavation, per cubic yard-----------------.,-----.--
For Rock Excavation, per cubic and------------z----------
RATE PER TTY?
N A M E LOT BLK. kDDITION FNTG. F N,T. FT. COS`..
Mrs. Ida M..Payne, as
separate estate—17 4 SOUTH SUMMIT HTS. 5fit ft,.$4.7574l$Z37.. 87
K.C. Berry & wife,
Pearl Berry, each owner
of an undivided j int-
erest in-------------18 4 It 50 tr 237 .87
T.P. Brasher--------18 4 it 50 tr ft 237.8'7
Summit Realty Co.. , a
Corp. ., record owner &
Maude Webb,claimant-20 4 it 50 237 .87
Summit Realty Co. , a
Corp.-------------;--21 4 it 50 If 237.87
R..O. Morrow --------x.22 4 IT 50 ft 237.87
R.O. Morrow--- _----23 4 ft 50 it r 237. 87
T.P. Brasher, record
owner, & J. W.Little-
john, claimant------24 4 it 50 237. 87
T.P. Brasher--------25 25 4 50 ft 137.87
Chas. Bredow, record
owner, & A. Briner,
claimant-------------26 4 50 If 237 -87
Mrs. A. L. Beauchamp,
w idow---------------27 4 it 50 ft 237, 87
Summit Realty Co. , a
Corp, , record owner, &
J. W. Littlejohn, clai-
mant----------------28 . 4 50 237.87
W.P. Savage----,--_--29 4 50 ft 237 .87
R. L. Phenix----------30 4 5() ft ft 237.87
Summit Realty Co. , a
Corp.---------------31 4 tt 50 tt ft 237.87
Summit Realty Co. , a
Corp.---------------32 4 ft 50 tt 11 237. 87
Velma Belle Sims---- 7 24 BYERS & McCART 50 If if 237.87
Ida H.Byers(widow)-- 8 24 It .Do r 237.87
it if
H. C. McCart--,- 9 24 if 50 if 237.87
Ida H.Byers(widow)--10 24 tt 50 ft tt 237.87
H. C. McCort----------11 24 50 It tt 237.87
Mrs. Minnie Cross,
separate property----12 24 50 2,37.87
Will Po"' Swope-. -----13 17 tt 50 tt. tt 237.87
L.O. Harvey-----------13 17 50 tt, ts 237.87
Ida H.Byers(ividow)--14 17 50 237.,87
H.C. McCart---------15 17 50 237.87
Ida H.Byers(widow), &
H.C. McCart, record
owners each an undi-
vided int. & Mrs. S.
Bloomberg, 61aimant-16 17 50 237,87
Ida H.Byers(widow) ,
H.C. 'McCart, record
owners each an undl-
vided I int. & Mrs. S.
Bloomberg, claimant-17 17 50 tt It. 2137,817
Ida H.Byers(widow)--' 18, 17 50 ft 237.8,7
H. C, McCart---------19 17 50 237.87
Ida H. Byers(widow)--20 17 ft 5i tt tr 2371.87
PAGE ,.
Paving Assessment for TOWYSEND DRIV Con td.
RATE PER TOTAL
N A M E LOT BL K, ADDITION FNTG. FNNT. FT. COST
Wm. Monnig---------21 17 BYERS & McCAIRT 50 ft.$4. 75741 $237.87
IF. H. Bradsha v-...----22 17 It 50, 237. 87
W.H. Bradshaw-------23 17 it 237. 87
S.B. Wilson-------Al I- of "All it 79. 7 11 373.17
n m
Fanie Ross Mop 6 3 it 50 tr tt 237.87
Fannie Ross M6mand- 7 3 It 50 rr ri 237.87
Fannie Ross Momand- 8 3 it 50 tr rr 237 .87
Ida H.Byers(widow)- 1 1 tt so rr tr 237.87
C. E. Rhorer-------- 2 is tr 50 'tt 237, 87
Ida H. Byers(w idow)- 3 is n so tr tr 237 .87
Ben T. Smith-_-___..- 4 is it 50 it rt 237.87
H.C. McCart_.,.------ 5 18 tt 50 It It 237-87
Ida H.Byers(w i dow)- 6 18, rr 50 it it 237.87
C.E. Rho rer-------- 7 18 tt 50 t it 237. 8"7
H.C. MoCart-------- a 18 rr 50 rr it 237.87
Ida H.Byers(widow)- 9 18 it 50 rr It 237. 67
H. C. McCart--------10 18 It 50 11 rt 237 .87
Ida H.Byers(widow)-11 18 tt 50 ri rr 237.87
Wm. Monnig---------12 is it 50 rr rt 237,,87
H. C. McCart-------- 1 23 it 50 n it 237.87
J.R. Shepherd-_____ 2 23 It 50 ti n 237.87
Ida H.Byers(widow)- 3 23 rr 5C) rr rt 237 .87
H.C. MoCart-------- 4= 23 50 n tr 237 -87
Ida H.Byers(,xidow)- 5 23 ri 50 n tr 237.87
RQbt. A. Slack----- 6 23 50 rr tt 237.07
L."37. Burkhart-- -__- 1 3 SOUTH SUMMIT
HEIGHTS 50 tt it 237.87
D..R. Blalock & wife,
Bertha Blalock, each
owner of an undivided
interest in---...__ 2 3 50 237-07
W.J. Nolan-____---- 3 3 rr 50 ti tt 237.87
T.fir. Berryhill----- 4 3 50 tt rt 237.07
R.. C. Stroup & *V;ife,
Della Virginia Stroup.,
each owner of an undi-
vided J int. in---- 5 33 rr 50 rr tt 237.G7
J.C. Adams--_...____- 6 3 ri 50 It it 237-07
1ary F. Crowley---_-- 7 3 tr 50 If It 237.07
W.D. Johnston & wife,
W_�nda Johns ton, aach
ow-ner of an undivided.
-J int ores t in_-- __ a 3 tt '30 tt rt 23"7.r3 "
Forest D. 'Xalkor 9 3 rr 50 tt It 237:07
J.A. molt law---1Q 3 rt 50 tr It 237-07
O. R. Grogam-___--_-11 3 tr 50 tt rt 23'7:67
O.R. Grogan-T-_-_- --12 3 rt 50 2;3"7.a 7
E. F.' 3 rr 50 tt rr 237.07
G.K. Mast in--------14 3 50 it tt 237.87
Manuel Lovejoy & ;rqife,,
Loma Lovejoy,, each
qwrner of an undivided
t interest in------15 5 tt 60 tt tr 237 .87
Ida H.Byers(iffidow) &
H.C. MoCart, record
owners, each owner of
an undivided J int. *&
E.F. Scott, claimant- It 50 It It
16 3 237.87
TOTAL COST TO PROPERTY OWNIERS - - - - - --- - - - - - 17 ,267.§
TOTAL COST TO CITY OF FORT WORTH- - - - - - - -- - - - 51 .00
GRAND TOTAL $22 ,667.94
iii
FORM No. 14—Continued.
That the amount set opposite the description of property above 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 six equal installments, one payable within 30 days after the date of completion of said work
and its acceptance by the City, and the remainder in five equal annual installments thereafter, 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 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-
ance at the rate of 8 per cent per annum, payable annually, and if not paid when due the said assess-
ments 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 per-
sonal liability or lien in any court having jurisdiction.
(4) That the City shall issue to the said contractor, for the said improvement assignable certifl-
cate against said property and the owners thereof, 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/o) per annum, payable annually, 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 that proceedings with reference to such improvements have been made in coinplianee with
the terms thereof and the Charter of the City of Fort Worth, and that all prerequisites to the fix-
ing of the liens and charge of personal liability, evidenced. by such certificates, have been performed.
Said certificates 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 City Assessor and Collector of
the City, who shall issue his receipt for payment thercon, 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, en-
tered into by the owner of property therein described, and shall provide that the City Assessor and Col-
lector shall deposit all sunis 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._... ......
T 1115 Z
............. -----------_......................CERTIFICATE FUND Rio.. ...................... . and that
whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation by the said contractor, or the bolder thereof, to endorse said payment there-
on, and the contractor or holder of such certificate, shall be entitled to receive from the City Treas-
urer the amount so paid upon presentation of the said certificate, credited with the amount paid there-
on, 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 there-
of, together with accrued interest and cost of collection, shall be paid in (till. 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 terms hereof, but the signatures of said Mayor and City Secretary attached to said
coupons may be facsimile signatures stamped, engraved or printed thereorX. Upon payment of any in-
stallment evidenced by a coupon, such coupon shall be credited by the City Assessor and 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.