HomeMy WebLinkAboutOrdinance 1248 ,1,/"" .....,..-
FORM No. 14,
'Amow 4d.d.E-co
AN ORDINANCE
ASSESSING A PORTION OF THE COST* OF IMPROVEMENT ON..'4.* ,,,,
. ,,
, . D.,.`���. .. .,.,, ...,
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
QT. - __,..LINE OFYP;r,t ITS INTERSECTION WITH THE
$P th _LINE OFlii r tiro l ra,Qk„]give.......,, 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
,P__. . ........... .. .between its intersection with the .. ,. ..,::...line Qf_?9' `.t ! c
its intersection with the....,....SQ:ld"t :...........line ofXAa 9LW'bTQQk AdYeby rais-
ing,filling,grading, and paving the same;and,
WHEREAS, In accordance with said resolution, specifications for s4i ld worlt'were du y 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 Charter;
and,
WHEREAS, Said bids were received,. opened and considered by the City Council, and the bid of
Glayd ..,. QIIiUCTIC)l , ....... for the improvement of the said portion of
said Street,was accepted by said City Council;and,
WHEREAS, The said... +... ' ” ... ' ''_...,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 passing the same with �� U1e
Rock Asphalt p 6" Oonorete foundation; and,
_- .... pavement with.. ....._..
WHEREAS,The said contractor has executed bonds to the City of Fort Worth for the construe-
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 City
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,
WHEREAS, Thereafter 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 Iroperty abyttm th, e-
on, and owners of street and steam railways thereon and their property aiid aid prescrre a�earin "
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 ._" rt , . L Fivrci-TATxzi
a daily paper of general circulation in the City of Fort Worth, far 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 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 held by the
City Council on the... __.day of...... AP;il,_. 192.,7......, at-9-:5 a.....o,clock,.. .__.,.x,
atwhich time and place,.................... .................................................r...._..-........._....... ............. _ __ -, ...
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 herein-
after assessed against such property and the owners thereof and the said City Council having considered;
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 received 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 owner thereof as their proper pro rata part of the cast of the said improvements,
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 follows,
to-wit:
Paving Assessment for EDGEWOOD TERRACE,, from the North lint of
Fort Worth-Dallas Pike to the South line of Meadowbrook Drive -
Fort Worth
Contract Awarded: 1-4-27,. r
Contraotor:0eneral Const.Co. Pavement, per s ,.yd._-- . 8
Pavement:2"Hot Mix Uvalde Rock Asph. Curb, per lin,.ft- ------
Cutter, per s .f't.-__-- .25
For Combined, Curb and Cutter, per linear foot--------------- .85
For Earth Excavation, per cubic .,
For B20t Exo v t on per cub ,c ---------------
A
N A � PT 0 _Og PBQEERTY EN TG., FNT. FT. COST
3.E. p yry e-- .a.w w Part of p. Al hs:
beginning at 'a point in the 'hest line of
said P.H.Ahler Survey 301 Sonn!iah of North-,
west corner. Thence South 120'; thence East
3401 ; thence North 1201 ; thence West 3401
to place of beginning .. I'll__1201 $4.90659 ,588.7
R.C. Hunt-------- Part of P.H.Ahler Survey,
beginning at a point in the Nest line of
said P.H.Ahler Survey 1501 South of North-
west corner; thence South 1001; thence test
3401; thence North 1441; thence West 3401
to place of beginning---------------------loot " 490.63
Hyrtle ,Huffman,(feme
sole)° �---------- Part of P.H.Ahler Survey,
beginning at a point in the Test line of
said P.H.Ahler Survey 353.61 South of North-
west corner of said P.H.Ahler Survey,thenos
North 73.6'; thence East 3401; thence South.
75.61; thence West 3401 to the glace of
O ginning-..--_-___-.-__---_-----__----------13«61 " 561.10
heura Wesenberg,
Pert cif, P.S,iAhler Survey,:-
beginnin at, a point in the West line of
said P.N.Ahler Survey 453.61 South of North-
rest corner; thence East x,561; theoo North
1001; thezoe Test 1561 ; thence South 1001
to place of b°e i-min 1 .-� 11 11.11"__.-_ .60I " 490.63
A.E. Fought------ Part of P.H.Ahler ft"3v,
beginning at a point in the Vest line of
said P.H.Ahler Survey 653*61 South of North-
west corner of said Survey; thence aa°t 401;
thence Forth, 1001; thence West 34 ^�,.. thati,010
South 1001 to place of beg.inriin�- --- --^ -1r0' '" 450.63
C.H. Milli-ken---- Part, o l.or Su.r c *,
beginning at a point in the ?Nest line of
said P.Sf.Ah,l.er Survey 653.61 South of Nortb-
west corner of said Survey; thenco East 01
thenos North 1401; thence hest $401; thenoti
South 100" to place of bog 490.53
Frank ,rrris----- fart of P.H.Ahler Spar oy#
be�nning at a point in the West line f .
sa P. . nl.er Survey 723.61 South of or n�
wet corner of ,said, burVoly' ; thence east 3 3`1
thence North 1001 ; thence "hest 364' ; thong
South 100' to place of beginnirr -� - ,� 00 ' 11 490.63
John M. Parker— Para Ac P.N A ler�Su.rvey',,
beginning at a point it, the "hest line of
trk,jd, * ,Abler Survey $03.61 South of tho
Nores't corner of said Survey; thanoe acs t
3401; thence North 1001; thence hest 34'x';
thence South 1401 to place of boginning-».13u 494.63
P AGE f2.
Paving Assessment for EDGEWOOD TERRACE - Continued,.:
RA PE CTAL
i; P t'A E DES.C"RIPT12 N OF PROPERTY YNTG. FNT,. FT. 'COST"
L rnest E. Clark----Part of P.H.AaI.er Survey,
t-gi.?ning at a point ir_ trie Test line of
s«i t P.H.Ahler Survey 873<6y South of the
iv xthwest corner of said Survey;, then e East
264.8°; thence South ] 1 ; thence West
264.8' ; thence North 112-1/31 to place o'f
beginning-_------------- $4.90629 5, 1*1+
E.B. Potter---_ -Part of P.H.Ahler Survey,
beginning at a point in the West line of
said P.H. Ahler Survey 985.941 South of the
Northwest corner of said Survey,, thence East
2701 ; thence South 1001 ; thence West 2701;
t.. ence worth 1001to place of beginning---1001 490.63
D.B. Uarrable & wife,
Annie Bell fdarrable,
each o-�,'ners of 1/2
undividec!, interest
in-----------------Part of P.H.Ahlar Survey,
beg nn ing at a point in the "hest line of
said P.H.A,ler Survey 1085.941 South of the
Nort]awest corner of said SAarvey; thence East
2731 ; thence South 1001 ; thence West 2731 ;
thence north 1001to place of beginning---1001° rs 40.63
Geo. W. Aedley-- -Part of. P.H.Ahler Survey,
beginning at a point in the �?es�t line of
said P.H.AAler Sury y 118`/6.941 South of tahs
Northwest corner of said Survey; t hence East,
2731 ;; thence South 22V ; hence Vest 2731;
thence North 226rto place of beginning---2251 11' 1,108.82
E.F. Goucb-------Part of P.H.Ahler Survey,
beginning at a point in the 1vest line of
said P.H.Ahler Survey 1411,94' South of the
Northwest corner of said Survey; thence East
277.81; thence South 2941 ; thence West 277.8'
thence North 2941to place of beginn1 ---294' 1,442.45
E.D. Bennett------Part of J.I,.Purvi,s urve ,
beginning at a point in the East line of
said J.L.Purvis Survey 301 South of the
Northeast corner of said Survey; thence West
242.8x; thence South 172.9' ; thence East
242.8' ; thence north 172.9" to the place of
beginning^-,----------------w_----_------172.91 +1 848.37
B.B. McBride------Part of J.L.Pt,vis Survey,
beginning at a point in the East lino of
said J.L.Purvis Survey 20 «91 South of the
Northeast corner of s dd Survey; thence West
3701 ; thence South 701 ; thence East 3701 ,
thence north 701 to place of baginning 701 " 343.44
J.N. Hooper & 7txife,
Lillian :cooper, each
owners o f 1/2 undi-
vided interest in-A part of J.L.Purvis
Survey, beginni.n.g, at a. point in the 'Rost
line of said J.L.Purvis Survey 275.91'
South of northeast corner of said Survey;
thence gent 3701'°; thence Sout, 1101 ;thence
East 3701�; thence north" 110' `-o th.o palace
of beginning---------------------------11c, 539.69
--,--ig Assessment for Ei3SS OB TERRACE Cent inued.;
MM AL
A A E RZSCRIPTIgg 9F PROPERTY FNT . FNT. M, COST
4.E. Dines---w:----Past of J.L.Purvis Survey,
aginning at a point in the East line of
paid. J.L.Purvis Survey 582.91 South of tha
Yortio .at corner of said Survey; t4amce West
r4 thence South 90 ; t:rencs 5ast 3701
u:ce 1"orth 90' to place of beginning---L 901 4.1aQ � %i%%/0%/%%%%//%
G.A. Borers wife,
SLiirley Bowers,eacn
o-mars of 1/2 undi-
vide4 interost in-A part of J.L. Purvis Sti --
vey, beginning at a point in the East line of
said J.L.Purvi8 Survey 472.91 South of the
Northeast corner of said Survey; thence South
901 ; thence West 5701 ; the-ace North 901;thence
East 4701 to plane of beginning_----------- 9S1' 11 441.57
C.J. darkness - --Pant of J.L.Purvis Survey,
beginning at a paint in the East line of said
J.L.Purvis Survey 562.91 South of the Worth-
west corner; thence Vest 5401; thence South
95' ; thence East 5001 ; thence North 951 to
place of beginning-- .--------------------- 95' 486.10
Nick Carter-------Part of J.L.Purvis Survey,
beginning at a point in the ,Vest line of -paid
J.L.Purvis Survey 557.91 South of the South-
east corner of said Survey; thence West 4001;
thence South 85-1/21 ; thence East 4001 ;thence
'North 85--1/2' to place of beginjng-_-, t1, ,.5t °t 419 49
Mrs. M.B., St"vmart,
(wid.ow)-----------Part of J.L.Purvis Survey,
beginning at a point in the East line of said
J.L.Purvis Survey 743.41 South of the "North-
east corner of said Survey; thence South 85j, ;
thence West 4001 ; thence north 85 1 ; thence
East 4001 to ,lace of
be g inning-------- -55.51 419,,41
Felix H.Jewell-- Lot 1, urne rs
Sub.of tot 1,
Block 2, Pope's Sucr.o ' J. L• Purvis Sur:`vey«-125' 1' 515.29
E.9 Phelps __--_ -Lot 2 'and Nf of Lot 5, uner�s
Sub. of Lot 1, Block 2, Pope's Sub. of J.L.Purvis
Survey -------------- 751 1' 367.97
L.C.Mount & wife,
ary Mount, each
owner of an undivided
one-half" interest in-Lot 4 & Sj of Lot 3,
Turners 'Su'b,o.f Lot 1, Bloc 2, Pope's `pub. of
J.L.Purvis:
o -S"•uMn'n lrW.vwwney+,....W-Srt-.w.+-n.-Lo-�y'-jYir1�.@@ff/{{. �_--_--. ---..-__-_:.- 7,51 567.97
L .A.Ha " 5 F NMeb '. yJ
Lot 1, Blook 2, Pope's Sub. of I.L.Pt vis Survey-1 1 "I
verott X*01 Su a.o
Lot 1,S1,ock , nape's Sub of J.L.Purvi, purvey-1,001 11 454. 33
G sins R.Loup, --- ;omits 9 & 0,Turnerwo Su .
Lot 1, ,'oo , ope1s ja 4 "urvis okavey I/ml It W,*5
. .t rrkfou.-----_----Lo t$ 11, , 5,14,,1,5 1.,5,
Tuar e} s Sub.of Lot l,Slook S, Po e'e ub-of
J.L0PurvI$ SUZVOY, _�� _ - __ _�_ � 5' 1 Sly. S
TOTAL COST TO PRCPIRTY O ------------------------41$023,1-66
TOTAL MST TO CITE" OF FORT"WORTH --- 2 500•00
CRAB TOTAL ---- -_ _- _ _ - - - - _ ---418," 1�
FORM rho. 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 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 80 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 interest upon said
assessments when due as herein provided shall at once mature the whole amount thereof, both prin-
cipal and interest, which shall at once become collectible without notice.
(3) That the said assessments shall bear interest from the elate of the said completion and accept-
ance at the rate of 8 per cent per annum, payable annually, and if not'paid' When duw`", U gas °` ajrif/rraa
merits 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 per-
sonal 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 said property and the owners thereof,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 (81/,)) 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 or 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 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 terms thereof and the Charter of the City of Fort Worth, and that all prerequisit,s,tP;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 Mayor 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 th ereon, 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, en-
tered into by the owner of property therein described,and shall provide that the City Assessor and Col-
lector 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 fu nd,which fund is hereby designated as the. ......_._.....
110A, . 1Ca .... „ _._.....,.. . ...CERTIFICATE FUNIa No............... 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 T'reasurer'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 there.
of, together with accrued interest and cost of collection,shall be paid in full. That said certificates may
be issued, with coupons thereto attached evidencing the several installments of principal and lnterRst
thereof, which coupons shall be executed acrd 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 in
stallment 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 o f 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 c ollect such certificates as therein provided by the
terms of the Charter of the City of Fort Worth, an d that the said City of Fort Worth shall, whenever
demanded by the said Company, or holder of said c ertificates,fully exercise its charter power to enforce
the lien securing the said certificate, and collect th e 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,