HomeMy WebLinkAboutOrdinance 1417 Tolryy
AN ORDINANCE "In
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ----------------
IN THE CITY OF FORT WORTH, "TEXAS, BETWEEN ITS INTERSEICTION WITH THE
J,u" 14,4-..------LINE OF-----" 0" --------------- AND ITS INTERSECTION WITH THE
__1"io..rJ,;4.-------LINE OF---- ----------------- A(XAINST THE OWNERS OF PROP-
ERTY ABUT''rG IN THEREON, AND THEifZ 1`11OPERTAl
Y, AT.) OWNERS OF STREET AND
STEAM RAILWAYS AND THEIR PROPERTY.
13E IT 01'ZDAINED 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.--.-------__
;1 X11_ $T1U1�'1Z------------------------------between its intersection witla of.................
9k__.Q t,;r,-QA4th its intersection with the.-, j"�u ,,V"Itill--------line of_J5,'.1.ddi&011_r t_rQ_Q,� by rals-
har, filling, grading, and paving the same; and,
WHEREAS, in accordance with said resolution, s�)ccifications for said woi:k were duly prepa.w.,e-d
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 Cliw-
ter; and,
WHEIZEAS, Said bids were received, opened and considered by the City Council, and the bid of
TERILT, C0.',7STF51TCTT01T COLI""'PANY
---------I- --------------------------------------'-------_----------------------------- for the improvement of" the said portion of
said Street, was accepted by said City Council; and,
W.11Ii,'RI1IAS, 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 passing the same
---------pavement ---------- --------foundation; and,
WHEREAS, The said contractor,has executed bonds to the City of Fort Worth for the construe-
Lion and maintenaTice thereof, in accordance with the said contract, and specifications, with S111'ety as
required by the said City Charter, which contract and bonds with the surety thereof, have been duly
approved by the said City Council; and,
WHEItEAS, Thereafter, the City Engineer of said City filed his written statement with the ICity
Council concerning the said improvements, and the cost thereof, as provided by the Charter of the
City, which statement was considered by the City Council, corrected and approved; and,
Thereafter the said City Council did, by resolution find and declare tbe' necessity of
assessing a portion of the cost of said improvements against the owners of the prcipiei,Ly 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, in_______!�',Q X, I'l.r-ook--------- ------- ---------------------------------
a daily paper of general circulation in the City of Fort lVorth, for five (5) consecutive da�,s 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 of'fice, in the City of Fort Worth, Texas, move 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-----1-0-t-11----day of------ ---)AER,I L------------- ----_-, 192A....... M.,
atwhich time and place------------------ ------__-------------------------- ------ -------__---------------------'__._.1__.®_ _._-__11_,1 ----------
---------------------------- -----------------_----------------------------------------------------_------------------------------------------------
--- ---------------- ---_-------------------------------------------1--------------------.11-----------I--------------------------- ------------
------------- ----------------- -------------------------- ------- -------------------------- ------
------------------------___----------------- -------------------_---------- --------------------
owners, appeared to protest the said assessment and the benefits of said improvement connected with
the improvement of said portion of said street.
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 mean of said improvements exceed in each case the amounts here-
inafter assessed against such property and the owners thereof and the said City Council having con-
sidered 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 re-
ceived 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 agaiust the owner thereof as their proper pro rata part of the cost of the said improve-
ments, the several sums of money set opposite the description of the respective parcels of property.
riffie name6of 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:
Fair . ' � , �0 � r t,, e fup ro v ,,r,e &f 1,1 S TTIT ,.� " , ,r mw qu "01 S
Contr . Nv ;rd-ad: X 2S. P .t e, 13,irl
Contractor: Gener ,l Oo7,u t. CCU. PC," sr,. yd.
:Iuvement, 2"Uvalde Rock C"1", , , P 1 iun f00t 0
2'4 rr 5
t�x(�.a�+��:,." ,-� .�,.•� �_.. .....�.�.�,..-,»... 2 ;t
For C;flail�'r'ine�. CoE,.1.rb SZ. 2��'tt r�":'.� ,�r � C � "'' . ' ", _._ _.,.�........_—..._.--
A
, r Za `th Ea,z vw' "uio-n" �"": ,";a.'bic Yard . 0
F7 r � ock 1 ; :L.lation �t�� CLN�,..."1
" "ZiL»z.Ct, . _.,�..�;._� .µ.--.,. C"a
1 u.L LO " �,w ""leT�O'1 [. , `a �1 ` W x rF
a r-
K�Xah .11
"tit. I . r 1143, � m 222.11
/ (d 1 5O L . i1F .
. Try .,H.E.Grtay,I
(widow) -- 4 2 it '11' .222.1
� i c�ry M� . , Gb 11 t1: 2 '2.1. (
B. E. Newber t' 5O rt ? «l7
". D.Wi11
° t 7 2 222.1
11'r .Jul i a &
Davi ,.,��_� �� �. � 2 i� � 1t 11, 222.11
"C'".F. Ci onn.-er ,....,,..— J 2 tw 50 NI t4< 2 '„ . Y..l� vm*,
Fred iu'].:ni to ,
o zr n e r o an taw
divided I in-
terest in -�-�----10 Ca
7" D. l:(2'i s - - .1 6 11 50 2 2,,..i
It s C'. `1 222 1...
_glen Thok"npsan; l,2 a2 � ,
cu.th Park. Co. -- 1 11 0 :r rt 222 '
" f
C. C. Clark --- 2 3 �+ G O 11 11 222 , l r � .
J. N. Gafjrle -- sl ax X222 17
Ch us.M.16sbailW,
record owner and
T. G.JCni:ght 1r 22
p 73 O R 11 2 _
outh Park Cc . .,
+"A Cs�?»�'y�orc,ation-- 6 it G:� ti tt 2 `?., 1
"rankecl"°X un C7 3 tt r,0 i1 i3 22 2..1
Scott Eros. Groin.
Company , Incl. 7 to
NNVNN
12 63 11 300 11 n 1 ,33' .00
TOTAL COST TO TH PROPERTY CwJ'N RS) _,_ .. .__ ______-._...............,..- � 3
TOTAL COST TO THE CITY OF "'OPT 770R'i`"---- ___-_- fl.O'O
—� »�,_
GRAYD TOTAL --- 0 ,232«O
FORM No, 11--(,.nHj)ued.
That the amount set opposite the description o-I 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
,saiOi 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 equal installments, one payable within 30 days after the date of conipleLion of said wal"I
and its accoptance, by the City, and the remainder in five equal annual installments thereafter, provided
that said owners, shall have the right to discharge any installment behx,,e maturity by payment
thereof with accrued interest. That default in the payment of any installment of principal or inter-
est upon said assessrilents when due as herein provided shall at once mature the whole amount there-
of, both principal and interest, wtiich, shall at once become collectible without notice.
(3) That the said ass(%8rawit6 bear interest from the date of the said completion—an,& ac.
cept.,,znce at the i,ate of 8 per cent feel a-a,przrurtr payable arintually, "tild if not paid -when &ue flie as-
sessinents and ch)irns of personal liability shall be enforced, either I)y the sale of such prol.erty by the
officer and in the nlaamer, as far as applicable, as sales are authorized, to be made for non-payille-nt, of
City "Faxes as prescribed by the City Chui:ter and general laws, or by suit to enforce the &,dd clan of
I
personal liability or lien in any court having Jurisdiction.
(4) That the City shall issue to the said contractor, for the said improvement assignable certifil-
UACA"I"g,ainst said property and the owners thereof, which said certificates shall declare the said sums to
be due and payable in installi-nents as herein provided after comp�letion and acceptance of said work,
and shall be payable to the said contractor, and shall state the amount due from cach property owner,
,and hereby assessed against his property, and the rate of interest, thereon, herein fixed at eight per
e,ent (8 , ) per annurn, payable annually, and each certificate shall recite and declare the fact that
the sanie is secured by a lien against the Iwoperty of such owner, and rrorsonal liability of the owner,
aiid shall describe such property by number and block, or si.wh other description as ritay identify the
carne with reference to any other fact recited, and by the name of the owner, and if the o-wiler 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 i;istaflirient of principal
or interest tl-iereof shall not be paid when due, that the whole amount thereof shall be collectible with
accrued interest, and with court costs, wnd •eason.,.ible attorney's fees, if same have been incurred, and
alratll recite tl'a).t proceedings with reference to such improvements have been made in campliaxice with
fllr terms thereof` and the (","harter of the City of Fort Worth, and that all prercquisites to the fix-
ing ol." the lto rrs and chatge, of personal liability; evi.,Jence(l by such cettfflcate�;, been pr"'n,fora w"I.
Sai(I ,,hall be executed by the Mayor arid attested by the City Secretary with. the c(.wporat(,,,'
Said ce •til"teates shall provide that the same -,hall be prtyaU)Ie to the City Assessor and Collector
of the CiL�,,:, who shall issue his receipt for payment thereon, which sliall be evidence of such payment,
on any (., nuand far same by viiI;ue of the said certificate or any independent contract to pay the same,
crd,e•e6 inter i,,,y U e owner of property therein described, and shall provide that the City Assessor and
Collector SI-in'll deposit all sums received by him on said certificates with the City Treasul,.�er, and the
said G"ity Treasu er shall lkec�p the same in a separate fund, which fund is hereby designated as the------
AAY STREE T
---------------- -.- - 11------------ ------- --------- ------——CERTIFICATE FUND No..----------------------- ...... and that
whenevei, any payment may be made to the City Assessor and Collector upon such certificate, it shall
be his duty on presentation Iaw the said contractor, or the holder thereof,to endorse said payment there-
on, and the contritctat, 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 (-,,ndol,senient and credits shall be the Treasurer's warrant for rnaRing such payment
to the said contractor, and that such ,.). 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 w h accrued interest and cost of collection, shall be paid in full. That said certifi-
Cates nuay be issued, (vith coupons thereto attached evidencing the several irstalfirients of princip.a,d
and interest thereof, which coupons shall be executcd and attested by the Mayor a,md City Secretary as
are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary at-
tached to said couj)ons may be facsimile signatures stamped, engraved or printed thereoil. Upon pay-
inent of arty irtstalb-nent evidenced by a coupon, such coupon shall be credited by the City Assessor and
Collector and sur.rendered to the City Treasurer as heiein provided.
Such certificates shall also recite that the City of Fort Worth shall not be liable for the paynien't
thereof, or J,"or any interest thereon,, or for the cost of collecting or enforcing same, but that the said
company or holder then-eof, shall have the right to collect such certificates as therein provided by the
terms of the Charte'r of the City of Fort Worth, and that the said City of Fort 'Worth shall, whenever
demanded by the said Couipany, or holder of said certificates, fully exercise its charter po-i'ver to en-
force the lien securing the said certificate, and collect the same, but shall not be liable in any manner
for failure to so collect or enforec the lien thereof.
(5) That this ordinance shall take effect from and after its passage.
AIIIIII