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HomeMy WebLinkAboutOrdinance 1517 FORM No AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON----H _SaI J_1JQ'I3I.ZV:ARn__.„ IN THE CITY OF FORT WOI'XII, 'TEXAS, BETWEEN ITS INTERSECTION' WITH THE _ U _..____---LINT. _____-, OF______�i�t .��.� �_��_ ...._ AND IT> INTERSECTION WITH THE ---A t------- DINE OF----_-- gaza° o __ . e -- ..-. _, AGAINST THE OWNERS OF PROP- ERTY ABUTTING THEREON, AND THEIR PROPERTY,T`Y, AND OWNERS OF STREET AND STEM'[ RAILWAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF FORT )It?ORTH, TEXAS, That: WHEREAS, Heretofore, the City Council of the said City directed the improvement of-----------------._ .-_----,_11IM EI 50ULEVAn.._----between its intersection with the__..--.E&St------- ---line of___--.-- -._-_. ingT, fillirr�. of_ �w __-�� � , grading, and paving the sarne; and, OWle--St.*--.--with its intersection with the_,---_ tt--____...__--1 ine by r°ais- '"rlil'ICI'AS, 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 Char- ter; and, I'MET;.EAS, Said bids were received, opened and considered by the City Council, and the bid of ---------------------., for the irnpirovertrent of the said portion of said Street, was accepted by said City Council; and, WI-JER'EAS, The saidCl EII C..CIi�i_I. i�C"i I ia� l.Ol ,i _-_- -has entered into a contract with the City of 'Fort Worth, as provided by the Charter, for the improvernent of said street, within the said limits by raising, grading, and filling the same and by passing the same wvitlr3i $__ -fa__i iE __.. _.I1:lga ,. _8_-: -Oo - wP T -- - ----------pavement with---.. _�_ II_ -- I - _-..-----____, foundation; and, WHEREAS, The said contractor has executed bonds to the City of Fort Worth for the constrrac- Lion and nmintenance thereof, in accordance with the said contract, and specifications, with surety as required by the said City Charter, which contract and bonds with the surety thereof, have been duly app roved by the said City Council; and, W EEIZ. A<S, Thereafter, the City Engineer of said City filed his written statement with the Uty Council concerning the said improvements, and the cost thereof, as provided by the Chatter of the City, which statement was considered by the City Council, corrected and al�,proved; and, WIIE11T+:AS, Thereafter the said City Council did, by resolution find and declare the necessity of <ass,essitif;' 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, in-------------- ---------- -___.r_- _-------_--------- 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 host office, in the City of Fort Worth, Texas, more than ten days prior to the date of tlae hearing; and, WHEREAS, The said hearing in accordance with the said resolution and notice was held by the City Council on the---End____----day of--.--------- MBER-----w__- ___-, 192_,8,.__, 0'__o cloci�__._ __ s__N., .__ oat_.- � _ atwhich time and place_.----------------------------------.-__.---- --,--___.__.w_a _ __,_-_--- ._____ _------ -------- .___m_-------- owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THERI]FO l.E, Be it further adjudged and otrdained 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- side ved the evidence and it appearing therefrom that the apportionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in viewer 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 against the ownerYa°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. The name5of 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 foilctws, to-wit: 6 "q Paving Assessment for HAMPSHIRE BOULEVARD from the East line of Hughes Street to the West line of Edgewood Street -------- Fort Worth Texas . Contract Awarded: 8-7-28. Price Bid. Contractor: General Construction Co. Pavement, per s,qoyd•-$2.30 Pave_,-Aent:211H.M* Uvalde Rock Asphalt. Curb, per lin- ft.---- .25 Gutter, per sq. ft.--- o25 For Combined Curb and 24"Gutter, per linear foot--_-------- .70 For Earth Excavation, per cubic yard------------------------ 030 For Rock Excavation, per, cubic, yard----------------------- --- 030 RATE PEP, TOTAL N A -2M E LOT BLK. ADDITION FN TG, F11 T. FT. COST Board of Trustees c f ln d eo en d en t School District of Fort Worth--All of--17 MURRAY HILL 437 ft. 5.44815 $2380.84 Jas.N. Sligar--Part of B1k.22, Murray Hill Addition, described as follows: Beginning at the southwest corner of said blk•22., Murray Fill Addn. ; thence noTth 123-19 ft. ; -hence east 207.4 ft. ; thence north 216 ft. ; thence east 163.6 ft. ; thence south � west 333-1/3 ft. ; thence west 368.8 ft . to place of beg inning----------------30-8. 8 " " 2009.28 C.W. Ralcliff ( record uolxnerl & C.M. Seasion6, (claimant)---Lot t1F11,Kir'_<wood Sub-of Blk. tt 21, 219urray Hill Addition-- 60, 5 329-61 Lloyd L. 14cNair-------Lot "E"Kirkwood Sub-of 31k. 21, Murray Hill Addition-- 62 rr tt 337 .79 C. W. Ratcliff ( record o,,rnerl C.H. Sessions, ( claimant)---Lot IIDI'Kirkwood Sub.of Blk. tt 21, Murray Hill Addition— 62 It 337 .79 E. C. Johnson-Lot "C"Kirkwood Sub.of Blk. H -37 ,.79 21, 1 4urray Hill Addition— 62 Ho E. Worbes, & wife, Jessie J. Worbes, each owner of an un- divided i interest in--Lot "B"Kirkwood Sub.of Blk,. 21, Murray Hill Addition-- 62 337-79 J. H. Arnold—Lot "A"Kirkwood Sub.of Blk. 60 326-89 21, Murray Hill Addition-- J.W. Castles--East 88.5 ft. of Block ti 16, j1durTay Hill Additlan— 88. 5 482-16 Royal John Pope3oy & wife, Grace ?Ope�r3y) each owner c if an unCL vide I 2 interest -----West 88-5 ft- of East 177 ft• in------- of Blk*16.- 1array Hill 482-16 Aiditi=----------------- 88.5 41j ft. of Lots 3 & 4, & all of Lots I & 2, Blk. 1ro 14,vrray lijil Addition— 260 t - - - - QP ITY ��OWTWoT- - - - - - 1 2 50 H- - - - - - - - - - - - COST to 'IT - TOTAL - - - - - - TOTAL 4 AA/0 Af/000" 00/11 _ 4 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 gmount payable by each owner, and assessed against his or her property, above, shall be payable as follov)vs, to-wit: In six equal instalhiient's, one payable within 30 days after the date of con),,pletion of said work and its acceptance by the City, and the remainder, in five equal annual installinwits 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 bf any installment of principal or inter- est upon said assessments when due as herein provided shall at once mature the whole amount there- of, both principal and interest, which shall at once become collectible without notice. (3) That the said assessinents, shall bear interest from the date of the said ceptance at the rate of 8 per cent per annurn, ipoyable annually, and if not paid when due the s,.,dd as- sessnients and claims of personal liability shall be enforced, either by the sale of such property by the officer arid 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 claint 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 certiff- 0 cate'tagainst said property and the owners thereof, which said certificates shall declare the said sums to be due and payable in installaients 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 per.annum, payable annually, and each certificate shall recite and declare the fact that the &inie is secured by a lien against the property of sucl'i owner, and personal liability of the owner, and shall describe such property by nui-fiber 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 installnient 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 compliance with the terras thereof and 'the Charter of the City of," Fort Worth, and that all prer&piisites t6'the'-fi ing of the liens and charge of personal liability; evidenced by such certificates, have been perfornied. Said ce •tifleates shall be executed by the Mayor ailid attested by the City ;Secretary with the corporate set � il. 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 thereon, it hick 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 City Assessor and Collector shall deposit all sums received by him on said certificates Nvith. the City Treasurer, and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the__:_.__ ­­------- --------------CERTIFICATE F11ND No.__-----_-______ w_-----------------�, 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 holder 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 endorzeinent and credits shall be the Treasurer's warrant for makirig such p,,ayment 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 collection, shall be paid in full. That said certifi- cates may be issued, with coupons thereto attached evidencing the several installments of principal and interest thereof, which coupons AuJl be e>.ecutcd and attested by the Mayor and Gity Secretary as are said certificates under the terms hereof, but the signatures of said Mayok and City Secretary at-, tached to said coupons may be facsimile signatures staniped, engraved or printed thereon. Upon pay- ment of any installment 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 -.hall 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 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 enforce the lien thereof. (5) That this ordinance shall take effect from and after its passage.