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HomeMy WebLinkAboutOrdinance 1146 FOAM Ne,. , AN ORDINANCE �1 ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON,_...AVA IN THE CITY OF FORT'WORTH,TEXAS,BETWEEN ITS INTERSECTION-WITH THEMM' LINE OF-___ , AND ITS INTERSECTION WITH LINE OF .,....... AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. q� RE IT ORDAINED BY THE OF THE CITY OF FORT WORTH, TEXAS, That, .Olty� Coui�adT WHEREAS, Heretofore, the of the Bald City directed the improvement of "0" ... __...between its intersection with the.,,,,. x, : .._.Time of.....LAttI. .._..... . r:. .__... with its intersection with tie , §! ,,.. ,,---li _ ,...._,. ._..., by resin`, filling, grading, and paying the same;and, WHEREAS,In accordance with said'reso t' , �resit itinns for said,work were duly prepared by the City Engineer, and adopted by the +a; and:, WHEREAS, Rids for said improvements were duly advertised for,as required by the City Charter; and, A:L Y Ci3ui�a3,l WHEREAS,Said bids were received;opened and considered by the eiis,and the bid of,..,,... �4 ;,." l a et,.., p rs a I a for the improvement of the said portion of said Street,was accepted by said 13e� ;and, WHEREAS, The sand .. :atr.... .A a!,. 5 dgt ^l + r. 3 ..., saay..,._.-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 paving the same with.....:....... :.. ._._.,.pavement with.:. ,. .. ,. 0?9I + ..... ....... .....foundation:and:, WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the,construe- Lion and maintenance thereof,in accordance with the said contract,and specifications,with surety as re- quired by the said City Charter, which contract and bonds with the surety thereof, have been duly ap- proved by the said Board of Commissioners; and, city Coupoil, WHEREAS,Thereafter,the City Engineer of said City filed his written statement with the GemwAwi"concerning the said improvements,and the costithereof, 'ded by rr � f the Charter of the City,which statement was considered by th ,corrected and approve and, council WHEREAS, Thereafter the said No did,,by resolution find and declare the necessity of assess- ing a portion of the cost of said improvements against the,owners of tlwp opert�al"�, -,;thereon,and owners of street and steam rail'way's thereon and their property aril 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 Seere did issue a notice of the said hearing to the said owners and all interested parties by publication thereo ,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 (fi) consecutive days prior to the said hearing,and did also notify the said owners of the said hearing bey 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, G�H EA The said hearing in accordance with the said resolution and notice was held, by the y oous on the.....'�'5.14...day of........ .. .,,.;.. ....:...,..,192-.4--,at....9 13.0...._oclock.w.A,r,,,...M,, at which time and place.__ ... ........ ..... _,. a . . owners, appeared to protest the said assessment and the beredta,pf said Improvement,,connect d-mith _'the'iY prof eYnefft of said"""'"tool"of�sif(l"street: ifi � r NCItn?, THEREFORE, Be it further adjudged and ordained by the said R �a � as flows,to-wit: (1) That the benefits to each parcel abutting property of each owner hereinafter named by the enhanced value of said property exce ch case the amounts hereinafter assessed against such owners and their property,and the said axing considered the evidence and it appearing therefrom that the sit application of the front foot rule or plan,whereby each owner is to be assessed in proper- tion as the frontage of kits property is to the whore frontage improved,,would operate unjustly in par- ticular cases and that the apportionment and assessment hereinafter made will effect substantial uality find Justice between property owners,having in view benefits received by and burdens impose upon such owners,and said apportionment is hereby adopted. (2) That there is,and shall be,assessed against each of the owners of abutting roperty her�einbe. low named,and against the several parcels of property, of said owners hereinbelow described as their proper pro rata Bart of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their property. The naive of the said owners, and descri lions of the 10� each and the total amount is money hereby'assessed against each one, and his property, 41 ss follows, to-wit; /����i Vii/ ���� Paving Assessment fox AV?'XUE "01t, from the West line of Little Sjrsgj t t West ljjro of Maw,key Sti�eej x Fort Worth., Tvx QOTIt tae t AXatded.4-13' Z .­ Price Bid. Cott raattot:West Texas Conat. Co. sq. yd.--02.85 Pavement:2'"Warreni to Bitulttlaic. Curb, per #25 Gutter, per .25 For Combined Curb and Gutter, pex liiiear foot-------------- "85 For Earth Excavation, per cubic yard­----------------­.___ .a5 'E0--ra0k E'oe5-- Salt o-.Per o=U1,O)io axd--------- ---------------- -- PAIR, 29 Useessment:11 April 3.3th. 1926* 7q RAM -7 U TP�7, LO T_�N? Are ca ITC T 4 FT. COST Ho, ,G. Gals 12 24 POLYTECHNIC HEIGHTS sot $5­207 4,1 $312#44 J 6J RAI stri 13 it ng 24 ** F* Fisk 14 24 501 oia'x-a,W. Cox, (Wide*) is, a'4 5"01 260.37 14. A. Brown 'twidrow) N.K.33r*'n'(s iAgle man Edna Alexander(widowl Fred M.Brown ,Lefors Brown, Rachel Brow4,Re tuber t 14-'�Irawn. James Liddeil, Mary tP-4f' V*0 wr*"t !A W+g* 17 U 50 t 260-37 W. E. PoulltoT and 5 A4 J. ,C. Doaring------- 18 24 ot it 260.37 Guy C. Elliott 19 214 501 rr 260-37 Guy 0. Elliott 20 24 tt 50t 260.37 W. H. Niohol# 21 24 zt $0• rr 260.37 R. .E, �Cooke 92 24 rt sot 260.37 A. .D* Cantrell 12 03 r sot 312-44 Tom Walker 13 , 03 r1 5C t 2601,37 MA E. Young 14. 23 $01 260.57 $* L. uxp'At 15 23 501 260.37 V. a4 Nelson R, D,, McKdnt'i#'' 83 R.. 'D. McKenzie is 23 501 r1 26o'37 F. Lo ,Cox 19 23 50t 260.37 J. L. Thom a* 2110 93 sot , rr 260,37 Q George W,, Jung 21 Z3 50l rr 260.37 22 23 50t . 260.37 A , S. L Haggard 1 46 $01 260.37 C. H. Myers 2 0 sot 260.37 C. « Nio 3 6 501 26Oo37 Hubart F. Baxham 4 46 260.37 H. 'G. Briley $ 46 so$ 260.37 Ho G. Briley 6 46 501. rt 2801,37 Nannie Bradford (fow, sole) ara U/ 50t 260.,37,. W. Stewart--- __- 7 46 W,,, G* Norris and J0610 Norris-------— 8 46 Z60,37 M'., A �ro 1t w.r ( �do*) owr 4 WOK.B 0 ingle maz Edna Alex& Fred, M*Bzrown, and Lsfo:rs Brown,/, Rembort R."Brown & keh li"�' el Brown,, J%meollddolls Mary Lid Aoll--------- 9 46 50 rr 260.37 M.. A. Brown (widow) W.K.Rrawn,(singls Man Edna Aloxa F'rod M*Bro7m and Leos Brown, Rombert H. Brown and Radhol - Brown, Jamos Liddell, Mary Liddell-­­ 10 46 260*.37 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: O:Lx In tkr#,%-equal installments all v'th n sliaf# tai- th ork If date o n of said W, all, ------- ­1- ­ �K MEN 01A Wi�its jieitanc:2 by the City, ad I PPM 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, , 9r.04k"loffal 0=04;044d bwd@r,@9091id. at once mature the whole amount thereof,both prin- cipal and interest,which shall at once become collectible without notice. (13) That the said assessments shall bear interest from the date of the said completion and accept- ance at the rafe'O'f 8 per cent per annum,payable annually,and if not paid when due the said asseasmeiAs 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 (8'Yr) 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 installn'ient 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, impr9verpontz as have been made in compliance with the t6rini'thereof and the Charter of the City of Foft Woftlf,­ and th'dralll pfdf 6" 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 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, which fund is hereby designated as the-.. --------- -------- CERTIFICATE FUND No._._._.___.....___ ......,, and that whenever any payrrient 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 collection, shall be paid in full. That said'oertificates 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 thereon. Upon payment of any installTrient evidenced by a coupon,such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. rF rl Such certificates shall also recite that the City of Fort Worth shall not be liable for the payment 11X 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. ...............