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HomeMy WebLinkAboutOrdinance 1103 FORM No.14. AN ORDINANCEa] ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON......"V3�IT.IT�:....rrgn IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INT RSECTION WITH THE 0. LINE OF__.,Y.=gb&_.3.ttr.6.i-•-....-.-•..-......,•• _,.,� AND ITS INTERSECTION WITH THE.._W R......... LINE OF..... .- RQkB$._ h]�.e1',..................... AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY,AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. Cit Coun it BE IT ORDAINED BY THE , ' THE CITY OF FORT WORTH, TEXAS, That: Cit WHEREAS, Heretofore, the a y Council of the said City directed the improvement of y� l ....W...................... .............between its intersection with the..-...4.0-91.......----.line of RRA --atS`@et..........with its intersection with the !!®A ..line of......----_�Q�.Y.._$txegt...__, by raising, filling, grading, and paving the same; and, HE EA In ordance with said lut]'�n s .fications for said work were duly prepared by the (��° n� the-19�o'1" �ission"s; and, WHEREAS, Bids for said improvements were duly advertised for,as required by the City Charter; and, • City Count}l, WHEREAS,Said bids were received,opened and considered by the ,and the bid of...... JMERAL.-CONS.TRU.C.TJOR... .....� for the improvement of the said portion of said Street,was accepted by said" -1— v'rici 1, and, WHEREAS, The said-..-......tIgDMUL•••=a2RUCTWK-•1x011 ay.............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..._......._Ivo....jnoh.,. 2!1._.....__ _....IFxa►7s1e..Ba.ck.Aaphalt.-......_.........._...........pavement with.-.0--concr-sa-e........................._......._---..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�te�o . contract and bonds with the surety thereof, have been duly ap- proved by the said" � Ve� Stm y tt d �i !? WHEREAS,Thereafter,the o ai Cit refile ri teri s ement with the ;i Council eimumewoncerning the said improvements,and the cost thereof,as v1 d by Section 8, Chap- of the Charter of the City,which� at statement was considered by the i rected and approved; and WHEREAS, Thereafter the said li °dd, 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 and did prescribe a hearing of the said owners,their attorneys,and 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_..........-_-FORT.-IMTg....CO1MMOMPoTALA ECDEM..._........................__._...... ....... a daily paper of general circulation in the City of Fort Worth, for five (6) 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._..8th _.day of...Deoenber _ __, 1925 at.9L O'clock_.....A'_.M., at which time and place..._------ .....2-77'Y �uC`�`°-^c'-!✓... ........... -•--...................._...._w....-----._...._........._..._..._........_......._.....-..._.._....................._.............._....................._..._...__ _._._.._..._..__...---........._..___.._......_........._..._..__...._...._._.._...._....................---_________.. owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. C ty Council NOW, THEREFORE, Be it further adjudged and ordained by the said posit' Dt] [ 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,* Pa�t{ case the amounts hereinafter assessed against such owners and their property,and the said]3r��g0ing 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 theNwhole 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: FORM No 14---OwUnued 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 thdreof, 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 ix qu installments, one ble within 30 days ft th??�� e o coniEletion of said work and°hs installments ,`bn��S11 y� �r�lid~dli$V�h�t` 6Rt" id date of ac- installment ceptance, provided that said owners shall have the right to discharge any installment before maturity f 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%a) 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'Performed. Said certif- 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.,_.ee......,i►1£EM.-OV............................. CERTIFICATE FUND No_____________1 , 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 under the terms hereof, but the signatures of said Mayor and City Secretary attached to said couponstmay 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 thu-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 ofIsaid 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. Qoatre.ot Awarded.: 10-27-25. Price Bid. Oontraotor: General Construction Co. ive'ment, per sq. yard ---j3.00 Pavement: 21'Uvalde Rock Asphalt. Curb, l:er lin. ft. ------- .45 Gutter, ;,er sq. ft. ----- .871 For Combined Carb & Gutter, per linear foot -------- 1.00 For Eaith Excavation, per cubic yard -------------- .71 For Rock Excavation,_�er cuoia yard ---------------- 2.50 Paving Asseeawent ,or AM}TUE rrgn, filom the East line of Vaughan Street to the West line of Mackey Street, Fort Worth, Texas. FNT.FT. RATE 'PER TafiaL N A H Z LOT BLIT. ADDITION FNT_G,- IMT.FT. COOT G. D. n POLYTEOHNIC F!` S. - 601 .$5996 5-�''��l.G" 3sr.�o G.D.Lumpkin 10 82 " n 501 " Ii9. .00 Mollie A.Dumas (Fame sole) 11 82 " " 601 " 293.00 Martin Mexley 12 8a " " 601 " 393.00 J.H.Williams 13 82 " " 601 " 393.00 AtT. Zmnioutt & Rife,9rs.A.T. Hunnicutt 14 82 n n 6p1 n 293,00 R.N. Holden 15 8a " " 60 " 393'.00 F.W.Fiahburn 16 88 a n 50( n 393.00 E.L.Maxwell & Wife F'lorenoe A.MaxwAll 9 81 a " 501 " 293.00 Horaos Word 10 81 n n 601 " 293.00 A.M.Miller 11 81 " " b01 " 29:.` 0 0.J.7ineon 13 81 " " 501 " 293.00 George M.Bartlett 13 8l " " 501 n 295.00 J.O.Smyth 14 81 " a 501 " 293.00 Geo.T.B;own is 81 " a bot n 893.00 Est.J.?P.Diokinuon, deced.Harriet Eltzabeth Dickinson, Adntrx.8uby Lee Hays, et vir..F.�t.Hays,Annie Mayln Vinson,et vir O.J.pinson & Mary Loire Diokinson(fem38 81 501 n 393.00 scIA) heirs. ATxiie L.White(feme " " 50t n 393.00 e-?I e) 18 80 B,i S60ingleton 11 80 1 " 293.00 Mise Mary Ahearn n " 501 n 395.00 (=eme sole) is 80 n " 501 n 393.00 'Louis wall 13 80 a 601 n 293.00 T.L. Morton 14 80 " E.H.Bell 15 80 " 11 6O1 " x93.00 H.T.Brannon & Geo. .IGn " 601 a 293.00 M.Oorbett ke 80 n " 501 n 293.00 Edgar P. Turley 17 80 B.F.Turley & Rife, n a 601 " 293.00 Agnes Turley ?.H 80 G.r.Brown & Paulld 79 n •' 60t 11 351..eV Geiger 13 7>3 " " 501 " 893.110 L.'B. Kur t J.A. Martin & Rife :r n 601 n 893.00 Martha E. Martin 14 7 9 A.J.Payne & Rife, n, a Sot a 296.00 Uamis Payne 15 79 A.R.Greer & Wife, " n 501 " 893.60 Katg Greer 16 79 A.R.Greer & wife, n n 601 n x93.00 Katy Greer 17 79 " 501 n 293.00 M.W. header 18 79 " Arthur Wallis 19 79 " " 501 " 293.00 J.B.Able & strife, tr " 601 " 293.00 Addie Lee Ab le 2O 79 Tillery A.Pittr, Etheridge E.Pitts n 601 n 893.00 a winnis Pitts 21 79 " r Page #2, Aaaeeement for AVcNLTE"I{" -Continued. FRT.FT. RATE PER TOTAL A M 9 LOT BLr. AT?DITION IN'G, TBT sr�non Por t- er & wife,Ethel Porter 82 79 POLYTE-CFNIC HTS 501 $5.85995 $895.09 J.N.Ruseell & wife sue Russell is 78 ^ "' 601 ^ $351.60 O.B.Jackaon & wife Dovie J.Jackso n 13 78 " ^ 501 ^ 293.00 Oaoar D.Redden & 9rifa,Lucille " n 501 " 293. 00 Redden 14 78 Lula J.Freeman " " n 893,00 " 501 " 29 3.0 (vridow) 15 78 " 50' 0 Don X.Veatal 17 78 W.G.Wood 16 78 n " 501 n 29,1.00 n n 501 n 293.00 R.F.Watkins 18 78 Lee Crenshaw & 1 293.00 R.F.Watkins 19 78 n 50 n 1 rt 393.00 Harty O.Redmond 80 78 Lee Orenshaw,R.F. n " 501 a 393.00 Watkins & 7J -al 78 n ^ 50' " 893.00 U.H. Mavis 22 78 Lee Crenshaw, & n n 293.00 G.G.Kestler 1 101 " n 501 " 393.00 G.G.Keatler a 101 n n 501 " 893.00 J.R.FeZmuin 4 101 " ^ 801 n 393.00 C.S.Timlin Lee Crenshaw & " ,,. 601 n 393.00 U.B.Davis 5 101 D.L,Garriaon & wife, Elizabeth Mayg 101 ^ " 501 " .393.00 Garrison " 501 " 393.00 Luther McGuire 7 101 " Mr.e.Masgaret C. " " 501 n 393.00 Wages (widow) 8 101 n 393.00 Robot.W.Hargrove 9 101 " n 101 ^ ^ 501 n 293.00 E.W.Provine 101 601 " 351.60 J.A.Milrany Jpmea Perry Oaap- 1 100 " ^ 601 " 393.00 b all B.G.Naumann & wife100 " n 60, " 393.00 Lena Naumann 1 n 293.00 C.V.Brook 3 1CQ ^ n 50' " 293.00 B.A.Ataetin 4 116 " " b01 n 393.00 C.O.Fewman 5 100 " n 501 " 393.00 L.J.Jenkins 6 100 " M.J.E.Williams & 7 100 ^ " 50' " 393.00 Lola V.Willisms 8 100 ^ " 50' " 393.00 Edgar Boumne " ^ 501 " 393. 60 J.R. 100.R.Moors ^ ^ 501 n 393.00 10 100 H:A.Presaon " 601 ^ 351.60 • E.P.Hicks 11 100 " *B.F.Turley & wife, n n 501 ^ 393.00 6►b Mrs.Agnes Turley 1 99 Mie9 Mary E.Hall, n n 501 " .393.00 2 �� #Feue dole) e ^ 501 " 393.00 g.Sneff field 3 99 H.R.York & firs. n 393.00 Bessie Guthrie 4 99 " 3 (a widow) e ^ 501 n 93.00 F.F.Gibons 5 SS501 501 n $�3.00 G.E.Johnsan 6 99 " 501 " 293.00 7 99 n n G.E.Johnson " 393.00 Mrs.F.R.Motiillan 8 99 ^ n 60' (,:idow) n 293.00 Ida J.Jaoke(fame 9 95 " n 50' n 293.00 sole) 1 S8 n n 501 n 293.00 B.T.Hayes 3 96 n ^ 501 F.R.HwYea & Mrs. n 393.00 H.R.Cookeey 98 501 ^ n H•P.Ball(a widow) 3 Page #3, Aedboament for A"TtM "F.^ - Continued. FZ:T.FT. RATE PFR TOTAL I! T.8teo 8 Loi'E98.PCLyrmyICSHTe,�5018��9 .a, W.O.Kiker 5 98 " n 501 " 893.00 E.O.staat® G 38 " ^ 501 ^ 293.00 F.A.Herring 7 98 " "1 501 " 293.00 E.O.$taate 6 98 " " 501 " 393.00 Joe W.Plummer & wife,Dorm Plummer 1 97 " " 501 " 293.00 H.M.MoNeely S 97 " it 50r n 293.00 H.M.McNee ly 3 97 " " 50' " 293.00 C.S.Wilkinson 4 97 " n 501 " 29-31 00 R.-0-.Moore,Mattie Moore,Herman MDore, A.J.Ucore, Mrs.Hunt 800tt, J.P►.Moore,Jr. Joser:h Moore, J.W. Moore, Sr. 5 97 ^ n501 " 393.00 F.M.Braneford 6 97 ff n n 501 11 293.00 n 393.00 J.F.Killian 7 97 J.F.Killian 8 97 " " 601 " 351.60 TOTAL OOPT TO PROPrPTY 0°'lrvP - - - - - - - - - - $27,893.60 TOTAL COPT TO TEE CITY OF FORT 7-0nTH - - - - - - - 4,000.00 TOTAL COAT TO 1Tp PTH JFVAP TPACTIOTI CWTAIN 60' 0 $8.54753 - - - - - - - - - 176.86 CnAtTP TOTAL - - - - - - - j,070,Ga _