HomeMy WebLinkAboutOrdinance 749 aqrd
AN ORDINANCE "01110
ASSESSING A PORTION OF THE COST Or, IMPROVEMENT ON.....°, , , ....,.........-.-STREET,
IN THE CITY OF FORT WORTH,'TEXAS, BETWEEN ITS INTERSECTION WITH TRE-MW
LINE
E-
LINE OF.,e ti .i ,AND ITS INTERSECTION WITH THE__....AW
LINE,OP,,, AGAIN X THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY, ANIS OWNERS OF STREET ANIS STEAM RAIL-
WAYS ANTI THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
TEXAS, That:
WHEREAS,On the___ -.,' _,.day of_.--�f..�, ��, _. , 19, � .,'the Board of Commissioners of
the said City directed the improvement of between its intcrsec
m,r, ar�rr° ti the:u31ne oY. ' with its Interseetxon-,with
by raising, filling, grading, and paving the same; and,
WHEREAS, In accordance with said resolution, specifications for said work wvere 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 biSi wore received, opened and considered. by the Board of Commissioners, and
the bid of the 'T'exa bi t is Company, a corporation, for the improvement of the said portion of
said Street, was;in,�ce t6 said Board of Commissioners; and,
WHERE Aa 'll�s d" Texas Bitulithic Company has entered into s contract with the City of Fort
Worth, as provi e by,, e C t�, for the improvement of said street,within the said limits by rats-
ling, grading, and Ming thrrtmi"; and by paving the same with Bitulithic pavement upon a five-ineY.
gravel concrete foundata I ,�d,
WHEREAS; The I Compangbap executed its bonds to the City of Fort Worth for the construc-
tion and maintenance t ereof, irm p d nce with the said contract, and specifications, with surety as
required by the said City Cha ter, w hi contract and bonds with the surety thereof, have been duly
approved by the said Board 1, nmissionr o; and,
WHEREAS, Thereafter,`he City r of said City filed his written statement with the Board..
of Commissioners concerning the said`ijny%rreinen ts, and the cost thereof, as provided by Section R,
Chapter 14, of the Charter of the "it,�r, )phaci-"statement was considered by the Board, corrected and
approved and, -
g a portion of the cost of said im rove
WHEHEA ,Tli reafter°the sal °Board slid by posolution of date,the., a.day of
,.., find and declare the necessity of as �' improvements iat,ainst
t e owners of the property abutting thel�n,aaid owners of street and steam railway thereon and
their property and did prescribe a hearing the said,14 ers, their attorneys, and agents, and faxed
a date therefor and did direct the said Se r iary ngk't1 '"said City to issue notice of the said hearing
by advertisement, as provided by the said City Cfi,arter, and also by posting said notices as provided
therein; and,
WHEREAS, In accordance with the said resolution, th6 pfSecretary did issue a notice of the
said hearing to the said 6wners`"by publication the f,, "or I time and In the manner prescribed
by the City Charter, in.;: w' ..... ".:. . . _a daitY",Iraper of general circulation in the
City of Fort Wofth, for five (5)'consecutive days pacer to the sand 1 + ng,and did also notify the said
owners of the said hearing by posting a copy of the said notice,to ofu them, at the post office, in the
City of Port Worth,Texas,more than ton days prior to tho,,ria 6 "tae"heming;and,
WHEREAS, 'I"he said hearing in accordance with tire-asp psolutio �nd notice was held;by the
Board of Commissioners on the day of - ,11 ,at o'clock, M
at which time and place ,
k
... ....... ....e;n ..., :.r ....:...... ......a.. .....,.. .....�IAavyM9yM ...,...,... ........ .. ............ .. _.
owners, appeared to protest the said assessment and the benefits of said improvement connected with
the Improvement of said,portionof said street.
NOW, 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
herefrom that the strict application of the font foot rule or plan, whereby eacb owner is to be assessed in
proportion as the frontage of his property is to the whole frontage improved; would operate unjustly
in particular cases and that the apportionment and assessment hereinafter made will effect substantial
equality and ju tice„between property owners, having view benefits. receive by and burdens im-
posed upon suc 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 of property of said owners bereinbelow described as their proper
pro rata part of the cost of the said improvements, the several sums of money set opposite the names
of the said owners and their property. The name of the said owners,and descriptions of the property
of each, and the total amount in money hereby'assessed against each one, and his property, being a
follows,, to-wit:
a s
x
Ml
axtc %ug,
-- ___..-___—____—
PIAVIIIa: AS),
isa O' d a , van ,
��m I's
Sax .9 41 3,4
nr:44A tit
100
t, r 17
T lo, � a 007'«00
L.F', ab 3
TOTAL PqPPDP=T C2 -_..----------------- ,
405 '
TOTAL FM CITY per FORS
" -'
AD
r
!7
3N,M;N4.14 1CQb#'PYN0910
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-*K:
In three equal instalments, one payable within 34 days after the date of completion of said work
and its accceptance by the City,`one within one year, and one within two yearn from said date of ac-
ceptance, 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
or interest upon said assessments when due as herein provided shall,at the option of said Texas
Bitulithie Company or other legal owner and holder of said assessments, at once mature the whole
amount thereof,both pifficipal and interest,which shall at once became collectible without.notice.
(3) That the said asaessmeuts shall bear interest from the date of"the said completion and accept-
n e 1, ra of 3 icer cent pe urn,��? 'a r y�a!l if per, p ,when n ;the,W4 asse0ment
and claim of'persoml lity shall be enforced, either-by the sale,of,such"property"by the officerand,
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 Texas'Bitulithic Company, the contractor for the said
improvement,assignable certificates against the owners of said property, and against their said prop-
erty,which said certifica° "s shall declare the,said'sums to be due and payable in instalments as herein
provided after comr ecl )a d acceptance of said work,and shall be payable to the said Texas Riitulithic
Company, and sl C�a�i*,It , amount due from each property owner, and hereby* assessed against his
property, and til interest thereon, herein fixed at eight per cent (87o) per annum,and each cer-
tificate shall recit ala dare„Ale�fact that the same is secured by a,lien against the property of such
owner, and personal liabiliW o" the owner, and shall describe such property,by number and block, or
such other description Ag"iykO ldeniiff the same with reference to any other fact recited,'and by the
name of the owner am 4,fhe owner„,'isµmat known,or if the property Is owned by an estate, it will be
sufficient to so'state the fact.
M �
Said certificates shall protoe`that If the, mount therein declared or any instalment of principal or in-
terest'thereof shall not be pa;�when dcrfh�the whole amount thereof shall be collectible with accrued
interest, and with court costs, and reasouileattorney's fees, if same have been incurred, and shall
recite the proceedings with referen e o iar°iprovements have been made in compliance with the terms
, ereof d tlav charter ,t,*# o f Wor bf Viand that all pre-reuttisites to the Axing of the liens
and personal liability, videnced'by certlf ties, have been. performed.. Said certificates shall be
executed by the Mayor mind attested by the,(�ifyrecretary with the corporate seal'. Said certificates shall
provide that the same shall be payable to i 'e ax ,Collect rk of the City, who shall issue his receipts for
payment thereon,which receipts shall be Ince of,u�payment, on any demand for same by virtue
of the said certificate, or any independent contraa" pay , he same, entered into by the owner of
property therein described, and shall provide ttat",t"l3e Tax o 1(etor shall deposit all sums received by
him on said certificates with the City Treasurer and OVA'' "ity'Treasarer shall"keep the same in
a separate fund, which fund is hereby designated as fie. '
CERTIFICATE FUND o. , and that wbonevef;mi..y paymeo gay be made to the Tax Collector
upon such certificate, it shall be his duty on presentation thmsaid contractor, or the holder
thereof, to endorse said payment thereon, and the conlacoi�lir holder of such certificate, shall
be entitled to receive from the City Treasurer the amr n o paid upon presentation of the said
certificate, credited with the amount paid thereon, and tb)' Maid enilOirsement and credits shall be
the Treasurer's warrant for making such payment to the said coratA*c , and that such a payment
by the Treasurer shall also be recelpted for by the said holder;i "�rating to,the said Treasurer, or by
the surrender of'sold certificate, when the principal thereof,toge,'t 4 wit4,416or ' interest and cost of
collection,shall be paid in full. That said certificates may be issued, wadi bp11 d hereto attached evi-
dencing the several instalments of principal and interest thereof, wh"ckx� ons shall be executed and
attested by We Mayor and City Secretary as are said certificates on t terms hereof,but the sig-
natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures
stamped, engraved or printed thereon. Upon payment of any Instalment evidenced by a coupon, such
coupon shall be credited by the City Tax 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 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.Fart'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 tape effect from and after its passage,
1
1J
FRIM Na.141 A
(5) That the cost of said improvement in accordance with the terms of the said contract between.
y� tbe"rails:and tracks and eighteen (18) inches on the outside thereof of the ......... _..::..
_._.... .,..Company,a Street Railway Company,occupying the
said.stxeet,,is hereby ascertained and determined to be the sum 4f.. ,; ;..:
Dollar*, and to s re the p yment af"tb said s� special tax in said amount is here--
by levied upon and against the roadb6d,'rafN', ties, frariclizses; fixtdre `and iriipetty of said- street
railway company,as prescribed by the Charter of the City, which tax shall be;a lien against the said
property of the said Street Railway Company, superior to all other liens or claims or titles whatever,
except lawful advalorem taxes, which tax shall'become delinquent if not paid in full within; thirty
clays after the completion and acceptance of said improvement by the City, and if the tax shall not
then be paid the same sha l e enforced either by sale in the said premises in the manner as near as
possible as providd"I le of property by the City of bort Worth for ad valorem taxes, or the
same may be en ore d"ix any co having jurisdiction. That said assessment has been determined to
be just, equitable and tegal,,at�ty the hearing to said company herein referred to.
f lo �
(fr)-"That.the cast t tkie said i(�$" uvement between rails and tracks of the _..
.._. " .., _. Company,and 18 inches on the outside thereof, said
Company being a steam x>ad„ 'd,,mpaaay, d6cupying'thee said,strVgt, is hereby.,ascertained and deter-
trained to be the sum of, Dollars, under
the terms of the said contract,and a ec tai o the said amount is hereby levied against and upon
Charter;`which„`tax shaT] ccsnstit[a� am l�st'ait�l° perty of said Company as prescribed by the City
the road bed, tip, r,��ls fran�bi the sial
'ferior lien upon the said property of the said Com-
pang to all other liens,claims or titles what or, except lawful ad valorem taxes; that the said tax
shall become delinquent if not paid withhu,thirty d1,0”ahner completion of said improvement and its
r
acceptance by the City, and shall be enforced eithn" ib§saleof,the said property in the manner as near
as possible provided by the City Charter for tbA,,sale of, pro s for non-payment of ad valorem city
taxes,or by suit in any court having jurisdiction. That d aais inept has been determined to be just,
equitable and legal after the bearing herein ref to.
(7) That this ordinance shall take effect from and after"1`,0) kge.
I hereby certify that deand sr ;�i�l�� ��1�� �ri a d�1y.�ar� �nted,
passed, and adopted by trueoe,z"d of Cl, cif Fort Worth, Texas
at a Regular se ion of said Board held, November 9t °W D",/2920.
„ � e cin, Jr.,
f crter .
APPRI O'{ED 7fpFS ,,,