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HomeMy WebLinkAboutOrdinance 1051 FORM No. 14. cRoss _ AN ORDINANCE � / ROAD ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON......_WINDSOR PLACE Al OLD PUBLIC IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE......EAST FOREST PARK BOULEVARD TO THE ID THEN EASTERLI LINE pF. Y C�1 . ' TO AND AVER .�tt1, OLD--PUBLIC---RO-AD--..TO...-IT-S- T�12 I` GE AVENUE 17,1 EK ?�.�x;cxxxxxxxxxxxxxx.?sxxXxxxxxx_, AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. f BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: tz WHEREAS, Heretofore, the Board of Commissioners of the said City directed the improvement of vVindsor Place and Old Public R�_ 'et,�ejn d East Forest Park its to Section i the. line �f tt Boulevard t the East line of ee e A ztrlon an t en Easterly to an over tih OId i �i1ao goad ��!Rsffaffffln , x x Xs �Yi � xAxg .. , by raising, o s in e }here o i hth Avenue fi lling, grading, an paving 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 Charter; and, WHEREAS, Said bids were received, opened and considered by the Board of Commissioners, and the bid of.............�1.88.......Texas__ Qonst_rue`ti®n.Com P.M........................ for the improvement of the said portion of said Street, was accepted by said Board of Commissioners; and, WHEREAS, The said........:gp9t--_Texas--_Construe:t on__.Q911PM........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..................................................................... Ala ° 'e.nit®-.13itulithic...............------ Pavement with. Concrete 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 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, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the Board of . Commissioners concerning the said improvements, and the cost thereof, as provided by Section 8, Chap- ter 14, of the Charter of the City, which statement was considered by the Board, corrected and approved; and, = WHEREAS, Thereafter the said Board did, by resolution find and declare the necessity of assess- ing a portion of the cost of said improvements against the owners of the property abutting thereon, and owners of street and steam railways thereon and their property_-acid did.prescribe a-hearing of the-said -- ownen,-their attorney--d—, d 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 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 man- ner prescribed by the City Charter, in........................Fot-_..W or_th---Record 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 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 Board of Commissioners on the_:......20th-day of.............J.R:nuary.................... 192..5.-., at..............9-------o'clock........_Aa....M.I atwhich time and place--------------------------------------------------------------------------------------------------- --- -------- ------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------- --------------- - --------------------------------------------------------------------------------------------------------- ---------- ---------------- --------------- ---------------------------------------------------------------------------------- -----------------------------------------...---------------------------....-- ---.--.......------............--..........................--------------------------------------------------------------------------------.......................................... ------------------------------------------------------------------------------------- ............................................................................................................................................................................ owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said-portion of -- ^ 0N0-W, ^THEREFORE, Be it further adjudged and ordained by the said Board of Commissioners, as follows, to-wit: (1) That the benefits to each parcel abutting property of each owner hereinafter named by 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 therefrom that the strict application of the front foot rule or plan, whereby each owner is to be assessed in propor- tion as the frontage of his property is to the whole frontage improved, would operate unjustly in par- ticular 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 imposed 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 hereinbe- low named, and against the several parcels of property of said owners hereinbelow 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 as follows, to-wit: I FORM No 14---Coil. _.ed 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: In three equal installments, one payable within 30 days after the date of completion of said work and its acceptance by the City, one within one year, and one within two years from said date of ac- ceptance, 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 the option of said contractor, or other legal owner and holder of said assessments, 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 date of the said completion and accept- ance at the rate of 8 per cent per annum, payable annually, and if not paid when due the said assessments 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%) 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 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 the proceedings with reference to such improvements as have been made in compliance with the terms thereof and the Charter of the City of Fort Worth, and that all prerequisites to the ----` - fixing-of the liens and-personal-liability, evidenced--by such certificates;have been jieiforme(F Said ceitif- 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___-__-____WINDSOR PLACE AND OLD PUBLIC ROAD ----------------- - - - ---- - - CERTIFICATE FUND No.-"___________________-----------, and that whenever any payment 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 certificates 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 undertb-e-terms_herenf,_brit-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 installment 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 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. �datract A�rardee�--11-�.5- r 24. _ r. �.02 Eicl. .. • . , Cont' Actor:W86t Texas 0onstructi8n Co. V a'vem n , . per sq.yd,--$3. 00 P avement: r1f Parr eni to i tali th I.c;. , Curb, :,p er 1i n. f to' - . 45 Cffltt0.V ner For O mbined Curb & Gutter, per Linear feet = 1. 00 For Earth Excavat ic,n, r e r clib io yard .90 For Moak ExcavatJ.onV Re _mibic yard ------------4--- 2,5'` aving,, Assessment fox 771YDROR PLACE, from the .East line of Forest Perk Boulevard to. the-East line of Berkeley Addition and then Easterly to and over the Old public Road to a.t6 intersee;tiou with tho Nest Line of Eighth Avenue, Port North, d.­R:Kefth, rusts - - RATE PER 17 A M E __LOT BLI: ADDITION FNT(1, FNT FT C':, T True t ae 1 82 EERK?f'LEY :.140 9 -- 3.'9'C - tj,x.20. 00 Keith) Trustees 3 754 -7.97371- 598.03 9 C.R. Yeith,. Trus tee 4 a # 601 -- " -- 478. 42 10 0. R. . reith, Trustee 5 A tr 601 rr .- 478. 42 Keith, Trustee 6 8 tf 601 - rt - 478.42 12 J. R. Keith, rubtee 7r 8 n 601 - R a 478. 42 13 .K. Keith.. Trustee 8 8 " 601 - " - 478. 43 14 0. R. Keith) Trustee 8 8 . 11 gOr - n 4.18. 42 15 0. R. Keith, Trus tee 10 $ rr 601 - - 478. 48 16 0. R. Keith, Tgus t o e 11 a 17 0. R,. Keith, - Trustee.._ - 12 S­ - - " 60:►�._ _ .- n _ 4782 48'- - 3 a. R. Keith, Trustee 13 2 rr 601 - rr - 47k 42 19 d. R. Keith, , Trustee 34 a n apt rr - 478, 48 20 0-. R. Keith, `Trus to e- 15 2 n' 601 - rr' .- 478. 42 21 0. R. Keith, Trustee. 16 a . n 60, 22 C.. R. Keith i Trustee 17 8 v 601 _ rr .- 478.42 23 0, Rb Keith, Trustee 18. ri 601 rr _ 478. 4s 24 0. R. Keith, . Trustee 19 25 C. R. Keith, a 641 _ ++ 51e9� 32 'Trustee 20 8 26 0. R. Keith, -Trustee 21 a rr 1401 3. 00 -- 420. 0.0 1 C. R. -Keith, 1351 2 C. R. .Keith, Trustee 3 1 rr 681 -- 7.97371- 1542. 21 3 0. .�L Keith, True tee 4 60 r 478. 42 O. .R. . Keith, Trustee 5 1 rr 601 5 0.. R. Keith, Trustee 8 �. ". 64. 4+-X4. 00 -- 257- 60 6 d. R. Keith, 250. 0 `trustee � � 15 ago +2�Asaessmon.t for S I r-0n PT,ACT`_doiitc�. RA TE PFE�R TOTAL y A if I LOT FLv� ALrDITION FN-TG, F'NT . FT. CJO19 R. Keit}a, Lot 1,Blk. ;11 and a--triangular Trustee strip of land beo." n.ni-'L'�).g at .N W. corner Lot J.,hl.k ,11 . "m 'Berkel.ey Addition; thence TT,E. fax allel With the No. line ok Lot 1,120 f90t; thence Nor ther.ly 46 feet; thence ®outhwesterly. 18. 5 .feet to place beginning -- - - -- - - - - -128. 51_ 3. 00 E X47 O.R.Keith, , , Trustee 30 5 BERIMLEF 125- '+ �575. UU 46 0.R..Keith., True tee 1 5 rr 135 t - u - 4��5. Od 45 C.R.Keith, Trustee 9 4 +► 1401 _ rr - 4;3-,7,,. 00 44 O.R.Keith, Trustee 8 4 n 65r -7.97371-518. 29 43 0.11.Keith, Trustee 7 4. rr 60t n -478. 42 42 O.R.Kei th, t _ +t -4,`18. 4a Trustee 6 �s " 60 41 0.R.Keith, Trustee 40 O.R,Keith, Ac 8O r r+. --478. 4a °Trustee ' 4 4 39 O.R.Keith, rr 601. _ ++ .-4.78. 4a Trustee 38 0.1i.Keith, rr GCo --478. 43 Trustee- 2 .4 37 0.R.Keith, rr 6�s t _ �r 478. 42 Trustee l 4 36 0.R.IMJ.tb �. ++ 4"7R. 43, Tr.vstee 13 3 36 U.R. Keith-,- - tr. 60 t - rr -478,t42 Trus ;0E) I2 3 34 -lL P,l.t}1, ++. 80 1 ++ -_4.r/8 4.2 Trustee 33 o.Ii,Keith , u 601 `y.ruA'tr�e, - 10 3 32 0.R,Keith,' 7 ++. SC 1. . - tr -478, 43 Trustee 0 31 0.R..KAitb.) n 601 -.478. 42 Trustee .8 30 C;1�,Keith, ++ 601 -- rr -478, 42 Trustee . 7 29 C.?.Keith; rr 601 - n -478. 4;2 Trustee 9 3 28 6.A.Keith, fl 751 rr 598;03 Trustee, 5 27 d. R.Keitb, 4 3 rr 1401 -- 3,00 -Ago 0 Trustee 51 St. Lou j.0,San_ YxancisCo & Bo.ing a sf.r.�.p of Z:;.n. Texas Itwil.way eorrzl�ar..y apyxoxi-matey 50U r.t. 75 Vt. , Red; ive� ;TBXc?.fd .& Southern cant a nin.g a'coL, �- 1 a7 ! J�atlway eoml:ar4 2/1.0 acres of land outs of the A, uoue.'Onant T ax a7 ar—.i 101).:Q o y, '(�(j i,c^�3;, - (J�1 t'- ing BOO ft. on the iV�oa"th Side of the Old Public5U�ad5. 88426 2,942. 16 Page #3-Assessment fbr 7INDPOR PLACIE;--Oontd �?ATF PFR TOTAL N .IP E LOT g.LK. ADDITIQN FI%TTG. �4'NYT 11T 00,� i' St, Lcuis, San pranc oco Being a strip of land tr Tet:a,d Railway Core}:.any approximately 50Ox2506 Red River,Texan & Sou bhern fee t, cantaini.ng about Rai-'way Company 26. 48 acres of land but of the A.Goughenant Survey,Tarrant Coutty, Texao,fronting '500 feet on the south Aide of the Old Public Road Fort Worth & Rio Grarldo Being a, strip of land in Railway Comm;any tho A. Gou.ghenant .Gurvey, St. Louia,San'Franeisco & the right-of--way of Said Toxaa Railway Company 'Railway Company, fronting 50 ft. on the ?forth side of the Old. Public Rd.-=50=_5. 88426-- 294. 21 Fart Riorth & Rite Grando Being a strip of land Railway Company in the A. Goughenant St, Louis,San Francimoo & Survey, the right--of--way Texas Railway dbml a.ny of said kai.l.way c;01:1r;any; fronting 50 ft. on tbc, South. bide of the Old 'PUolic Road -- 5U''-5, 8B4?6- 294. 21 THE p D T� t e ---------- �, 53 - TOTAL COST TO .NF ?� 0�'F�.TY 0;.1ER. 1 '75`' _- TOTAL COOT TO TNT CITY OF FORT 7F(P TH -GRAND TOTAL- - - - - - - - - - - - - -