HomeMy WebLinkAboutOrdinance 1347 MIX No. 14.AJ8$0
AN ORDINANCit
ASS)ESSII*G A PORTION OF THE COST OF IMPROVEMENT 4�N-.._
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITi I 'TI RSECTION WITH THE
West m.,-------._LINE OF_.:Ti�Tlge _ ! .,-.. ..-m.. AND ITS INIRSECTION WITH THE
.....,
94K -------....LINE OF_, eV*0d._a°e1T t......... AGAINST THE OWNERS OF PROP-
ERTY ABUTTING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND
STEAM RAILWAYS 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"-----------____
_--__
... between its intersection with tlre.__, ......_line af_ "i
.
t4 ,,.T, ._with its intersection with the_, 8, ... .....line efl 0MAD&_U T � by rail-
.,.. ---
rng; fI ing,,,grading, and having the same; and,
WHEREAS, In accordance with said resolution., specifications for said work were duly prepared
by the City Engineer, and adopted by tIhe City Council; and,
WHEREAS, Bids for said improvements were duly advertised for, as required by the City Char-
ter; arid,
WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of
1?? Ccustruct*i�n �" _.>_------- for the improvement of the said portion of
said Street, was accepted by said City Council;and,
WHEREAS, The entered into a contract with
the City of l~ort 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
?
...: #Vh41x........------------.... ..pavement with,:._ A..4"eSYt1 ,._._.._ _.:_-- _ 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 and 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 f0ty
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,
�r Ilk'RE"AS, Ther°eattsr 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 fired 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 y 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.--- ...._.............. . ......... .-....._;
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 hearin� 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 field by the
City Council on the- . h-------day of ,_-__ ell l l '-------- -----, 192--1.-, at__._91 _o'clock a ...._._.x
at which time and place__-,_.....>- .-- ._--------_ ___-----------... � _ - _ . _.__.-_, _.___--
owners, appeared to protest the said assessment and the benefits of said iniprovemerrt connected with
the Improvement, of said portion of said street.
NOW, THERI+iFORE, 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 arid 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.
That there is, and shall be, assessed againat the several parcels of property hereihbelow de-
scribed and against the owner thereof,as their Troper pro rata part of the cost of the said improve-
rnents, 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 1 19101
follows, to-wit.
�k y
r,,
NOW U o pat- m
RA.T°B PST TO T4%
vey, begin ir. 5:) ft. north
of the north i e of ight-
of-way of the o:zte'ra Texas
'l`ractzon lo. and 900f t eas
of west line of F.,1 . lex
€purvey;thence north 5,22 ft, ,
thence east 266- !/3f`t.,thenop
south. Abe ft.;thence west
266-2/3ft.to place of beginn 7
Tart, of P.H.Ahler Survey,
beginning at a ;Point ,54 ft.
north of Northern Texas Tra,c-
doz� Co.,right-of-way and 1466-�-2/aft.east of tho west
line of P.H.;Ahle;. survey;thence
ncr th /fit t ,thence east
133-1/3 ft.,thence south 822-2/
f t. ;thence west 133--4 aft. ;to
place of beginning - --13 -1/3 ft. �' 62765
J.W.Dxaughon -----Past of P.Fi.Ahl,er Survey, he-
ginn ng at a point 50 ft.nortt
Of the north lire o°,' the Umthirn
Texas Traction Co. ,B ght-ofway
1224ft4east of the wrest line of
P.B.Ahler Survey; thence north
8,22 ft. ;t'renoe east J 1.3-1/aft. -
V,ienoe south 922 ft. 4thence wet;t
113-J/3ft.to place of berginni,;g
less W.50 ft of the south 154 ft,
A:. -.:'s e'1]:n Pa•<:r" f',,,(>'%"y. , 1„`�J:,,,,' '�.a.i"Tey e lr"tr1--
ing ut, corner of Bl' .
6, T'Ide"A.q ,l`.v Cv.Bub.cf P.H.
Ahlez ,7:vey; th,a-;uo e:'Lst 135 ;ft- ;
thence south 322.6 ft.;thenoe west
133 eft. ;thennce nor,6h 322.6ft. to
place of beginning. --- 135 ft. " 635.50
Bettie Armstrong-part of the P.H.Ahler Survey, all
of Flk,6, Fidelity Tri).st Co.Cub.
of P.B..Ahler Curvey,beginning 54
ft.north cif the north line of
ri f,;ht-of-way of the 'orther�a Teas
Traction. Co. ,and 1333-1/aft.east of th:-,
wrest litre of P. .Abler Survey,
thence north 22ft.;thence east
266-2,13, ft. ;t once south 422 ft.
thence we-fit 2� ?,/�/i . e forge of
`�eginningA, exPept the *set 135 ft.
of north 3Pm.6f t.so 'to , .. i
clin ------------------ 131-2/;eft. " 61.9.8l
"S,"G;�tP of T.P.
3ykes(record owner)
and Urs.A.L.Sykes
(claimant)------- s t' of P 1L Ahl eT Survey, being all
of Blk,.LFidelity Trust Co. uliw of
P.B.Ahlev Survey, beginning; at ,a
point 54 ft. north of north ling; of
the Northern Texas Traction Co.right--
of-way, and 1604 ft*east of the west
line of the said P. ..Ahlex Survey;
thence north 522 ft.5thence east
266-2/3ft. •thenoe south 822 ft. -
thence wes 266-2/3 ft,, to pl ce of
beginning -_ _ _.,_ 26 -2/3ft. r 1255.31;
Nu
PaZo NORM A`JE1.3BF 4'913.t nu ri
A 13ESt�k?TP'l"E. °,tA k" � P fT'c _
Sykes (record
osier) and US.A.
L.Sy es(claiitant)--Part of P.H,Ahler Survey,
being all of B1 ,i,Fidelity
Trust Co.$ub.o P.H.AIi er
Sv,rvey,beg*nn.' g at a poi' t
50ft.riorth "Qf the nog."tr 144.:-.
of the Forth" rn Texas Traction
Co. ,3?'-ght-c6 _:iway and 1600 ft.
east of th �webt line o' said
P.H.Abler urvc ;thence no:i th
X22 ft. ; ience t 2ta6-2/aft. ;
thence uth 8221 , ,thence
vest 266-2/3ft.to ace of
beginning _-_____--__.. 266-2/3ft. 4.70744 1 55.3
A.,B.Spari ------- Part of P.H.Ahler Survey, be-
ginning at the northeast
corner of Blk.8,Fidclity Trust
o. ,sub.of P.H.Ah1er Survey;
thence west 266-2/-�ft, ;thence
south 332 ft. ;thence cast 266 -
2/3ft. ;thence north 332ft. to
plz„ce of beginning ----266-2,3ft. ”' 1255.31
E.3.Emmons------- Part of PULAbler Sizvey,b -
ginning at the .no;tha°West cor-ex
of B1k.9,Fid.elit r Trust Co. ,mib.
of P,H.Ahler Survey;thence South
411 ft. ;thence east l-06 ft. ;
thence north -11 ft. ;tl c c�a ',west
1t)6 f"U1, to place of b gj. :.1*<-, .
A16 f t. 11 5 .
W.B.Eaffoon Part of P H.Ahlex Survelr be-
06 ft,olst of the north,..
ac .. o-, oli, E1k,9,Fidel il;
�A*a E7"'OT ry ix„kin„ or a1lrve''y'a
41.E f t. ;t1+"'i"1ec 'Ufltr3roGe
north X11 ft to „'i a.oe o.` beginP-
i ag ------------------ 106 f 498.96
Crl:;.n.d Hiott,
oli,r tc r of an, un-
divided, 1/3 interest
and Carey Hiett and
Eunice Mott, minors,
Eva Laf:f"oon,,guardi-R,
each of said minors
owner of an undivid-
ed 1/3 interest in-Past of P.H.A for Survey, be-
ginning 212ft.cast of tits north-
west corner of Flk.q, Fidelity
"rust Co.sub. of the P.H.Ahler
Survey, same being a 9-j acre
tract refoared to in deed; thence
south,1111 ft. ;thence east 159ft. ;
thence north 411 ft.;thence west
159 ft.to Place of beginning-
159ft,. ' 748.)"
j,,
Pa NORAIA �_VttUt,j Continued,
&0T E ', F i + T COST
?ugh L-3i----- Part of . ;. e;r SuxveY,
beginning at the northeast
corner of B1k.9,Fidelity
Trust Co.Sub,of P.I?',Ahler
Survey; thence crest 135ft;
thcrce south 411 t. ;the nce
c. st 135 f t, ;t:c:nce north
411 ft. to plL!.cc of bcginn--
ing --------------------135ft.34.10741 63 -50
U.7.Jure & wi f o,
Kenneth O.Jure----1 &
E.1 ft* of ------ 9 2 Edgewood Place 136ft-. 64o.2i'
Barney Grimes ---fit.
100 ft.o --°--- 9 2 it at 100ft. 470.74
O.L. 2 ra st 112ft,. at 527.23
Elizabeth Jane Kea,ye
Johnson ---------- 7 2 ra "� 112ft, 527.23
Elizabeth Jane Keays
Johnson ---------- 6 2 a if 112 ft t1 527.23
R.A.Gregory,re cord
Ovrner & firs.J.F.
Causc,.dy(cla,imant)_ 5 2 if n 112ft. If 527.23
R.E.Phillips-8.1 j2
of Lot ----------- 4 2 If ka 112f t.. 1' 527.23
Hugh A.Gillis-S.1/2
of Lot ----------- 3 2 tr » 112ft. if 527.23
E.H. i11er,-S. of 1 & ,,
S.I of -----------_ 2 2 " '" 22 ft, 'r 105'
Trinity Hts.Land
Co. -------- ra rr 10, �" 494.29
exc ePt�E,7 ft. 1 1c t.
Thomas D Johnston,.
& wife,Solma Ohan0,11, �' „ �,r
Jol�nston�-E.56ft.Of , 1 " a, 5u_t. 3. 1
A.F.Plunkett-'�1%5�ft. ft, "a
rr �+ a 263.61
of _-----_...__-_ 9 1
tntUtex Garland---- f" 1 as ra 112 : . t' 527.23
1 "� "" 2 ?'�f t. c' 1054.4.6
_ _ r 19 11 112 u. i4 527.23
3
D-,aight Dobson ___ �� ar 112ft. "' 527.23
F.W.Sohwench ----- 3 7. k6 ft 1 l rt'. `t. if 527.23
Ili.L."bpi a,ld ip & J.
T.Ra ay,cach own ex
of an undivided 112
interost in ------- 2 1 r, r" 113ft. If"1 531.94
J,E. MooTo,Jr. --_- I- 1.
John M.PaTker ---- PzXt of P-F,Ahlel Surlrcy,
beginning °,Lt ..L point 30ft.ec,st
�,nd 823.6 ft. south of tho north-
west corner of s.:id survey;thence
east 310f t. ,t Once nO th 100 -ft. ;
thence; crest 310 ft.,;thence south
100 ft. to place of beginn rg.
310 ft.. +' 14 . O
TOTAL COST TO PROPERTY OWNERS _ - M - - _ - - - - 10.5
TOTAL COST TO THE CITY OF FORT WORTH- - - _ .. _ 2 Ott.
GRAND TOTAL - - - - - - - - - - - - - - - - _ w. - ,7'15.5 -
Paving Assessmentw for NORMA ,,,VENUE, from the vest lino of Ticimey
Road to the east lire of Qmrod Foi,t Yorth Texas,
,
Contract Awaxded*9-13-2
QontTactor:Gcneral Cons t.Co. 111avei,iort, sq.yd, 2 65,
P,itvement:2"Hot Mixed Uvwde C�12`), 1111n fi. --------------- :30
Rock Asphalt. Gutter, ocft _ ____ ,25
For Combined Curb & 24�1 Gutter, lin.f',,,. .75
For Earth Excavation, cu,yd. 35
For Reel Exc�6vLtion, cu.yd. .35
rI;'t"iF. PER
T
Tr
L
A 14 Z DESCRIPTION
Ernest E.Qlaxk --Par. of P.H.Ahler Survey,
beginning at a Point 87;;,:6
f t,,south and 30 ft.east of
northwest corner of said
sU,xvey; thence east 234-8
ft. ;thence south 112.3 ft. ;
tl_ence west 234,9 ft. ;thence
north 112.3 ft-to the mace
of beginning ------------234-8ft,$4,7074,l-$ilo5.30
T.71ade Potter &
wife,Pearl E.Phelps
PotteT,each owner
of an undivided -�
interest in ------Part of P.H..AhlerSuxvey,
beginning at the noxthwest
corner of Bl'k,2,Fidelity
Trust Co. ,sub,of P.H.Ahler
survey; thence east 64 ft. ;
thence south 322 ft. ;thQr,ce
west & ft. ;thence north
322 ft.to place of beginn-
Yrs.A,ShuTman, a ing ----------------__ S4 ft. 301.27
widow ------------part p H Abler Survey,
64 ft. oart of the
n027thvlll,., co-,%Lox o:I C Bls.2,
Y Co. ,saub.of
P.H, filer Survey; thence
east 127-2/3 ft ; thance west
127-2 ft. ;thence/3 't. ; hence ncrth 322
ft,to place of be-rinning-127-2/3 't
I 600.98
J.M.Jones --__.___Port of P,11-1,hler Survey, be-
ginning, at the northeast corner of
B1k.2,Fidelity Trunt, Co. ,subof
P.H,Ahler survey;tae-rce west 75
ft. ;thence south 250 ft. ;thenco
east 75 ft. ;thence north 250 ft.
to place of beginning ---75-ft. is 353.06
C.R.Hull _---__-_part of P.H.Ahler Survey, be-
ginning at the northeast ocrnex
of B1k.2, Fidelity Trust Co.Sub.
of P.H.Ahler Survey; thence south
322 ft. ;thence east 89 ft. ; the rce
north 322 ft; thence west eq ft.to
place of beginning --------89ft. 11 4 1 q'S
GeO-COMPtOn ---,--Part of P.H.Ahler Survey, beginn-
ing at a point 89 fir.east of the
northwest corner of B1k.3,Fidelity
Trust Co.Sub.of P,H.Ahlei, Survey;
thence south 322 ft; thence east
6,9 ft thence north 322 ft. ;thence
West ig ft.to place of deginn-
ing ft. 418.96
J.C.Wilson ------Part of P.Yj.Ahler Survey, beginn-
ing at the northeast corner of Blk.
3, Fidelity Trust Co.sub.of P.H.
Ahlor survey- thence south 322 ft. ;
thence west A$-1/3 ft- ;thcnce north
322 ft. ;thenaa east' �8-1/3 ft. to
_
place of beginning -------036-113 ft- 415,v
g
Aa/m/11/111/111111
FORM No, J 1,--Contlnuedr
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 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.
(S) thatthe said assessments shall hear interest from the date of the said completion and ac-„
ceptance at the rate of S per cent per annum, payable annually, and if not paid when due the said as-
sessments 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-
cateSagainst said property and the owners thereof, which said certificates shall declare the said sums to
be dine 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%) 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 of 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 coats, and reasonable attorney's fees, if same have been incurred, and
shall recite that proceedings with reference to spell in emepts, aye been mud' irk;comp*wp%,,Vfth
the' terms thereof and the Charter of the City of fort North, 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 Mai-or 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 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 City Assessor and
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----.-
Q .-fib -.-------------------------------- -_-- CERTjFICATE FUND 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 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 certifi-
cates 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 theternis hereof, but the signatures of said Mayor and City Secretary at-
taelied to said coupons may be facsimile signatures stamped,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 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 aaid
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 enforec the lien thereof,
(l) That this ordinance shall take effect from and after its passage.