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HomeMy WebLinkAboutOrdinance 748 I ///l ,,,%,oiiii/ F{YfUM�YCh A/3 .- � g a f ANORDINANCE v `48 THE COST xIPRalIl ,N, ., STREET, IN THE CITY" OF :FORT WORTH,TEXAS, BETWEEN ITS INTERSECTION WITH THiJ....4A .. TINE OF_.., _.._ .........STREET,AND ITS INTERSECTION WITIT THE,...n8 .,.­ LINE OF... ,A_,.G X* Y..R*,0*1 :................STREET AGAINST THE OWNERS OF PROPERTY ABUT- TINC THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL WAYS ANT} THEIR PROPERTY. BE IT ORDAINED BY'THE BOARD OF COMMISSIONERS OF THE CITY`OF FORT WORTH, TEXAS, That WHEREAS, On the,,. ._..., r _...day of;..,..... pa taurllzar...,..., 191.9...., the hoard of Commissioners of the saEl Cityrecteil the improvement ",w„ ,,.,. Street between its Inters c line'of,..,.,.� .::,,.Street with its intersection HdY�with the_.,..�A�'�,,..,.,., �Coal�cfkl. with the.,,,,*+s0.i:............Iine of'.Y, by raising, filling, grading, and pawing„the same; and,' WHEREAS, In accordance with said resolution, specifications for said work were duly prepared by the City Engineer,and adopted by the Board of Commissioners; and, WHEREAS, Bids for said improvements were duly advertised for, as required by the City Char- ter; and, WHEREAS,. Said lnd"s`x ere received, opened and considered by the Board of Commissioners, and the bid of the Texa Iiity tic Company; a corporation, for the improvement of the said portion of said Street, wa � rt� �y said Board of Commissioners; and, WHEREA Tnsrild"Texas Bitulithic Company bass entered into a contract with the City of Fort Worth, a provid�by��he Chpr , for the improvement of said street, within the said limit., by rail- ing, grading,and fi I the,sanr ;and by paving the same with Bitulitbic pavement upon a five-inch: gravel concrete foundat)ofn; hd, WHEREAS, The eeC ompanyth ks executed its bonds to thz City of Fort Worth for the construc- tion and maintenance thereof, in adcq face with the said contract, said specifications, with surety as required by the said City Chaos 4hiM contract and"bonds with the surety thereof, have been duly approved by the said Board 4,yf CZmissivna ;; and, WHEREAS, Tltereafter, he City jai°gibe „ of said City filed his written statement with the Board of Commissioners concerning the sajA"igijkoA iaents, and the cost thereof, as provide by Section 8, Chapter 14,of the Charter of the c- 'PC, "state men t was considered by the Board, corrected said Approved; and,. U "" A WHEREAS,`Thereafter e"sai T­­�d did ^ r solration of date,the.,..,25th.-day of,....._2ra 19180...,,, find and declare the necessity of as, ssifie a portion of the cost of said improvements against the owners of the property abutting then n ,and owners of street and steam railways thereo and their property and did prescribe a heariii the said,,,dMw""rnp.ers, their attorneys, and agents, 4f7 T fixed a date therefor and did direct the said Se.l;rary of tla�'said City to issue notice of the said hearing by advertisement, as provided by the said City (?�iaintbr, an ,aloo by posting said notices as provided therein; and, el" ” WHEREAS, In accordance with the said resolution, t of of it� Secretary did issue a notice of the said hearing to the said owners by publication therao *foi ie time and in the manner prescribed by the City Charter, a dailyNpaper of general circulation in the City of Fort Worth,for five (5) consecutive days pr)"Ot,to the sod"hplaring,and did also notify the said owners of the said hearing by posting a copy of the said notice,44 eai ae f them, at the post office,in the City of Fort Worth,Texas, more than ten days prior to thi 16"1t of"L3m"searing and, WHEREAS, The said hearing in accordance with the'4 id g elution aid notice was held by the Board of Commissioners on the day of zzza,4, , at at which time and owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street, IOW, THEREFORE, Be it further ordained by the said Board of Commissioners as follows, to- wit (1) That the benefits to each parcel of abutting property of each owner hereinafter named,in the enhanced value of said property exceed in each 'case the amounts hereinafter assessed against such owners and their property, and the said Board having considered the evidence and it appearing; there- from that the strict application of the front foot rule or plan, whereby each owner is to be assessed in proportion as the frontage of his property is to the whole frontage unproved;, would operate unjustly in particular cases and that the apportionment and assessment hereinafter made will effect substantial equality;and justice between property owners, having in view benefits received by and burdens im- posed upon such owners, and said apportionment is hereby adopted. (2) That there is,and shall be,assessed against each of the owners of abutting property hereinbelow named,and against the several parcels cif property of said owners hereinbelow described as thoir,proper pro rata part of the cost of the said improvements, the several suns of money set opposite the names of the said owners and their property, The name of the said owners,and descriptions of the,property ' o ,each, and the total,amount in money hereby=assessed against each one, and his property, being as to,wit: i ,�o,, ,, i Po, x� FORM NO.14 COMWNUSO That the amount set opposite the rums 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 liana, 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 three equal instalments, one payable within 80 days after the date of completion of said..work and its acceeptance by the City, one within one year, and one within two years from said date,of a(, eeptance, provided that said owners shall have the right to discharge any instalment before maturity by payment thereof with accrued interest" That default in the payment of any instalment of principal l or interest upon said assessments when due as herein;provided shall,;at the option of said Texas 131talithic Company or other legal owner and holder of said assessments, at once mature the`whole amount thereof,both principal and interest,which shall at once become collectible without notice. ( f That the ud assessmentashall bear interest from the date of the said completion a e t- „iencent isxate of flpn °per annum r ent ,payable inn oily,anal n aaad"te a d 'd%� iasinsa ;. n d and claims n personal liability, shall be en? ce; xtherbytlic sale of such..property by*,,,,'officer and in the manner,as far as applicable,as sales.are authorised:to be made for non-payment of 'ityr 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 Texas Bitulithic 'Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against tlaair sane]prop- erty,which said certific te's shall declare the said sums to be due and payable in instalments"as herein provided after comp, acceptance of said work,and shall be payable to the said peas ituhthm company, and s"sdt a e' amount due fr�rrri each property owner, and hereby assessed Against his property, and t r�� muss thsxeon,(hsrein fixed at eight last cent ($'„) per annum,and`eti cer- tficatesball reci nxptpdeclar ie fact that the same is secured b a lieu against the prrerty�of such owner, and personal aiability''of� owner, and shall describe such property; by number and block, or such other description day identify the same with reference to any other fact, recited, and by the name,'of the owner an " °"the owner,„ s�t known, or if the property is owned by an estate, It will be amlciet,to,,scw state the;fact. � , , Said csrtificates shall pre(� hat if thImount therein declared,or any instalment of principal or ion-" tort thereof shall not be pa when dui ttss'the whole amount thereof shall be collectible with.accrued Interest, and wit;rcourt costs, and x ��ea ttorney's fees, if same have been incurred, and shall recite the pvooetidiings with referen sad ,lziprovements ha4e been made in compliance ita the terms tai„and to at o e, ho ortp„” nd flat re-ruisatss to'the fusing of the liens executed by the]Mayor and attested by th "tyecrstary with thsaorporare sea , aia9 c4�rtlneat shall provide that the same shall be payable to is, ax Colleet �of the City, who shall issue his ]receipts for payment thereon, which receipts shall be av nee o I payment, on any demand for same by virtue of the said certificate, or any independent contract ""pay to same, entered into by the owner of * �"� for shall deposit all sums received by property therein described and shall provide tY't�ie Tax o c him on said certificates with the City T'reasur'er and tl,�9 saaa 'ity Treasurer shall keep the same in% a separate fund,which fund is hereby designated CERTIFICATE li"llND No m.., and that whenever afiy payment" day be made to the Tax Collector upon such certificate, it shall be his duty on presentation by"tlr ,,s4id contractor, or the holder thereof, to endorse said payment thereon, and the contracor °or„fielder of such certificate, shall be entitled to receive from the City Treasurer the ani pd,lo,,paid upgn presentation of the said certificate, credited with the amount paid thereon, and to at aid srldor ement and credits shall be the Treasurer's warrant for making such payment to the said cootta tor, and that such a payment by the Treasurer shall also be receipted for by the said holder,,Kriting tcr"thp said Treasurer,or by the surrender of said certifleate,when the principal thereof, together wit4,,ac e interest and cost of collection,shall be paid in full. That said certificates may be issued, worl Pnpa� hereto attached evi» dencing the several instalments of principal and interest thereat',wh cl o�ao”" shall bo sxscuted and attested b the Mayor and City Secretary as are said certificates una°w a terz?ns hereof,but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stp? l?ed.ep pysd or,pxixptsd thereon, Upon payment of any instalment _,_y a egypr a?l��a Coupon shall be ,credits by the City Tax Collector and surrendered to the City' rsasurer as�aersa'il 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, brut 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 ;A fall not be liable in any manner for fa"i"lure to so collect or enforce the lien thereof. (l) That this ordinance shall take effect from and after its passage. Y hersby 0errtify, that the above and fo,'regoin CV1 n r;o was d1j1Y for amts , i u pa1a ; meted y the Ba rod,' od C a poi- .laatyn p df" this C ty, aye' <l�or �'tly Texas, t it r n sloe of sa,iA boar°l belcl Nave ' yr 'Saa 1 20. `' , ",�k sq ,Z'o` ,""°A '' „i / 77,0// r w ° fffff „i n r a ✓/ ail ii.. <r / r/ �//,. it"ll/ / N F^� JIM., ,/%//%%/�//////l�l/ll//✓/////r�(//�i/I rl Ifr !/i / i/ r rr � ,.,, Oki n�r ;; ✓r / /i ,, /, .✓ � rr, iii/�%//riiai /% /ir %/,///i � � � i�r //iii y. ,i! ,",�/!/! /, ,�r,. ;; ,✓r ./ v ai��/ �. /1�� / /,...... o/�� /iii ,.a / / / �/ /. /r r r / f / I i / 1 / r / 0 / No y ffi "" 0 0 ,. G 0. C;',lynbb & RoeA eeh© d PTop4wty C9o. 24 t I6 p' 3C0 40 J Gandy 213 Is ri; so ITr ebold Ivo perty fte 06 Is Ct'! Lea t}3 7 341 a sQ . lbw Z r Blapkenship B 34 • 00 d P"o s7. 5 34 0 T.A., L �4 4 34 �, or 8z Ella 34 +r' R Z�Oo 5 4.41065 196.127. niio sold Fx ,s4 xty tom. 8 .. I " .1,". I6.93 „ so J.L. & 'r®e-- 220.53 Yapµ4 Prppert, Coo-- 7 is 50 ; p`xe4'bold Property Co. & . . 6biuoot 6 t. g � .epewty 00 ;5 i s 50 220.53 315 50 5 Nowthera ___- TOTAL COOT TO pAOPZRTY. MWRB-___ __-- -_ 00.0 TOT)T, COOT TO CITY OF P"0RT WORTH- "TOTAL'°__- _