HomeMy WebLinkAboutOrdinance 1400 FORM No.
AN ORDINANCEX1100
ASSESSING � THE COST OF IMPROVEMENT ON_____FZ�'-TH--AYIi�II)E - - ----
IN THE ITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE
-_SQUTH--------LINE OF-------- SSAMINE__STR ET__-__-____, AND ITS INTERSECTION WITH THE
_NQRT�i_-._.-_-LINE OF-_._-__BQN4TF___STFFET______________________ AGAINST THE OWNERS OF PP.OP-
ERTY ABUTTING THEREON, 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__________________
__-----Fif.th..Avenue-------------------------between its intersection with the.--------- Muth.-----line of___JeasA
----with its intersection with the--------N-or-th-------line of----Scaie---St-,.-----------, by
illuminating the same; and,
WHEREAS, In accordance with said resolution, specifications for said work were duly 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 Char-
ter; and,
WHEREAS, Said bids were received, opened and considered by the City Council, and the bid of
-----------The---Eu,gene--Aahe---11eGtriG---Gamp&ny------- for the improvement of the said portion of
said Street, was accepted by said City Council; and,
WHEREAS, The.said----- __-C-ampany.has entered into a contract with
the City of Fort Wo th, s ov ded by the Charter,for the improvement of said street,within the said
iliumlimits bythe same with-----v1aite.w&-,y__li$hts-
_7Kith_ornamental._aha+s=� -----standards---------------------XMAXXAWq 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
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,
WIiEREAS, 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 property abutting there-
on,�xJ ' mvmm6p and did prescribe a hearing
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.........The__Fort._-Vlortty__ppepgg___________---______-______--------
a daily paper of general circulation in the City of Fort Worth, for �1; secutive days prior to
the said hearing,and did also notify the said owners of the said hea•1 b ting a copy of the said
notice to each of them, at the cost 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-----,20th....day of-----Xarch---------------------....... 192___-._, at-----9_--3Qo'clock---------A.__M.,
atwhich time and place----------------------------------------------------------------------------------------------------------------------------------
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-- - ----I ---------------------------------------------------------------------------------------------------------------------------------------------------------------
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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 here-
inafter assessed against such property and the owners thereof and the said City Council having con-
sidered 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 re-
ceived 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 cost of the said improve-
ments, 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:
Pspessment for 'F--rTF 97-'"TE'r, froia South line of
cia,x-Lne Street to -he fI of '-I cwie Ptr3i3t
Fors "'.1 -c as.
Contract Awarded-
2g
Contractor:Eugene t=ft C 3-1ectr1
Cortract Price:
-r�LTE P C
N M E LOT BLK. AD7TTIOF Y!,--TG.
Yr�- j,nie -p..Brown,
Lfe of Carvin H.
".s her sole
ard scT-)- entate -- 10 5 Ryan Place 75 11.42931
John G.cyan Land
11 5 dc 50 do 7-'
Jiro.C.F.Ya.-n Land Co.
NTorth 112 of12 5 do 25 do 35.T-1,
H. H. Killer, S 112 of
Lot 12 and all of 13 5 do 75 (30 107.20
Mre. Della 7. Sexton a-nd
John '-8tson Sextion,
Surv. wife and son of
John J. do 6o
7. E. Connell 1 3 do 1-0 CLO 21�.4o
T. B. Hoffer 1 10 do 140 do 200. 10
Tebie Vick Lot 28 .end Y.251
of Lot 27,Blk. 10 do 75 do 107.20
J.H. Turner ?.25' of 27 and
all of Lot 28,
Block 10 do 75 do 107.20
Ltonel W.Bevan 2- 10 do 50 do 71.4-
Y:iry F. Conley 2� 10 do 50 do 71.47
Mrs.Max Rosenstein,
surv. widow and Millie
Abe, & Louis Rosen-
stein,surv. children
of Max Rosenstein,
deceased 23 10 do r) do71.47
E. 1-1. Sullivan 22 10 do 70 co 71.47
R. L. Paschal 21 10 do 50 do 71.47
Mrs. Ida Bell 'goody,
wife of L.F.'Noody
for her own private
and sep, estate and
for her ovrn use and
benefit 20 10 do 50 do 71.47
James A. 9imons,jr.
19 and -,1. 251 of 18 10 do 75 do 107-20
P. T. Lomax 3.251
of 18 *,).id all of 17 10 do 75 do 107.20
Anne V.Davis n.nd
Olin Davis 1 an d :?.40'
of 2 -19 do go do 128. 64
A.R. Bauer S,101 of 2
and all of 3,31".. 19-do 00 do 55.76
Otto T.14onnig,Lot 4 and X.27'
of 5 10 do 73 do 104.34
H. A. TVrrier 9.23t of 5
end all of 6 19 do 7 -34
Inn Louise
rife of J.H-r.. --'
P e v:an 7 19 d0 -0 71 117
Joh0.-IyLn 142.
Co 2� -j- 2 -23 C,0 o 03
yv .-,Y" 24:- 47
W* - . a do
77o r-
- L ,d Co.
--
a priv�te c--)r.ran. 2 rl 'r, 17'
of 22, BI k,2 Jo 0 -_;o 6
?r 2. rr?--,7 'i Y c,)n;
- - - - - - - - - - - - - --- - - - - - - - - - - -- - - - - - - - -- -
77T.17"Ic. Cc
T C11,I .-Tr:
- - - - - - - - - -- - - - - - -- - - - - - - - - - - - - - - - -
' '.),ri,,y F' Ce 7
L2-
Lot 22 6 ;. l21' 1;I 21.-(2
7
2
L
- :d'.0 D. 37' 0
f.
s Priv-te Corp ?-I,?.III of
Lot 19 102 of 15; 2j o 1S2.
23 :? Pf.
n.,* 17 23 62.r) do 3'17
121-1 of 17 end
ell - I�D
f 27 "01.
Fr-on c f-s R b-,r o n
••ifa f A.F.R.ob'':-,t on- 1; LI 00 O do 71.47
Fairmo-i:it Lvn6 Co.
R cor-,)orrtion 114 2-, eo 60
Jr,o.'U.Rya_n L -nd Co. Lo t- 24 76
--,:d 17. 25' of Lot 23,A. DoE-loc'11 `5 0 r,.O J", 107.20
c,
-iellA y 1of 23
piid all of Ln.ot 22 Block 30
.-0 7
L-?na Co. L-)t 21 and.
North 112 -)f Lot 20 Plock d4 7
0.!7.B-.rt'ir, orid v,ife
,,'Ila Serdin 1/2 of 20 and
all .,f 19, blic-30 0 75 CIO 107,<20
J. G. limoron 18 zinc T:. 1/4
of 17 i3-_'r. do 62.5 do 9
Jr-'c�e -P1. Ras'--uPoll- S."T'll ,)' 17
end 1112 Of
16 7'0 do 62. 5 cib 850, 3:
Roy A. Peynolds 1/2 of 16
li of 15 170 do 75 :?o 1:07.21D
J !�Zr
e 14, Slk-P �40 .1 :ft,) 71.47
.j !rrrt. i _Iimns I. 1
13 30 .10 50 71.47
B. Jnnes
19 --, 112
of 3-4 ab 75 60 1-07-20
f i'
a O�mr!ny sad 7%3_ , of
Lot `7 33 do 6 0
Co. 1.- -)f 17,
Y.I/ �'f 13(33� Jo
all, )f 1�,, !1'. 100 do 271. ::7
�,P
!."or .7-L Lla-d Co. T. 1
13
Corn. & .3/4,',,I-- of
Lot 12 33 do 62. 5 fo
Land i/1 12 vi-d
Co.
IT
P
1--ock 33 do 1')0 00 142.53
Ft.777or'h Dn,ad Co. 1./,: 10,
a priv,.te COT-:), t;11 c,f
5 P nel, -33 tio lig', 1660
e S-
F1'. 74 AV-77TE C nt,.
Z L'-,- T-T'. D-T
C 0'"-
Joe Zingsberjr,Jr.9 4 Plrwn Place75 A,1,112-531 -`107-�C`
--�
A. Y. -,)*-, eind
-ly I -
7
Trar'.n )f L)t 7 a o f
2 f
Lot 7 • nd all of It do 7 o 10 7.PC,
vo'izie Bewley Smi tb
as her oep,property
and .estate 5 4 do 6o do 63.76
Faizie Bewley --1:nith
as her sep.-ro--)erty
and estate 4 4 do 150 do 214.40
Anita H. McLean,vIfffie
of J.H.Molean 4 il do 140 do 200. 10
Arthur Simon 5 and
North 251 of Lot 6 11 do 75 do 107.20
W.B.Pyron S.251 of
Lot 6 and 8.11 of 7 11 do 75 do 107.20
T.0, Tal b ot 8 11 do 50 do 71.47
Elam Dudley 9 11 do jO do 71.47
May Kendall Wilhoit,
wife of W. D.Wilhoit
as ''er sole and sep.
estpte 10 11 do 50 do 71-47
Mrs. Wm. Lanius,
widow 11 and
Worth 251 of Lot 12 11 do 7j do 107.20
I'litchell T. Green-nli
S.251 of 12
and all of Lot 13 11 do
do 107,20
L.H.Kass el 14 11 do 50 do 71.47
Ti 11 R.G*Ry 1 e 15 11 do 50 do 71.47
w. W. 0' ara 16 11 do 50 do 71.47
S.C.7,Vebb and
v,rife,Florence Lot 1 and
North c. ' of Lot 2 18 do 50 do
Fst. E]--,-.o Sledd, deo'd.
(Virs.Lyde Sledd,sury
rife, np.-,-,.es of heirs,
unknown) 5.411 of
Lot 2 and North 23f of
Lot 3 18 do 64 do gl.-' 7
Tm. Monnig, Jr. 5.27 ' of
Lot 3 and '!�.231 of 4 18 do 50 do 71.47
17alter ra.lielch S.231 of 4
Prid all of Lot 5 is do 73 do 104,34
H. T.Larrence 6 and I7,253
of Lot 7 18 do 75 do 107.20
H.1'. Lai-rence, s.25' of 7 18 do 25 do 35-73
no.C.Ryap Land
orf,,-oany 1,2 and N.
12-11 of 3 24 do 112. do 160.go
2
Page #4
FIFTH AVL"NCE -FI-Tn).AY SY=TE}A- cont.
FITT. RATE PER TCTAL
PT A T' E LOT BLK. ADPITICN FNTG. KTT. F`"G. COST
--- - �.^, - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
He,rife of ^hn.H. of 3 &
Irwin, as *r own-13.3* 24 Ryan Place75 $1.42931 $ 107.20
sep.prop, and of 4
estate
Jno.C.Ryan Land-S12?' of 4
Company and all of
5 & 6 and -24 do 137. 5 do 196.53
N.25' of 7
11adeline H.
Greene S.25' of 7 and
N.37z' of 8-24 do 62. 5 do 99.33
Madeline F.
Greene, in her
sep.right and for S. 1221 of 8
her sole use and and all of 9
it Block 24 do 62. 5 d'j 89.33
Sta.n1..,3- A-- Th,-T-3-r.- 1.0 and JET.25'
or_.l_1�R.1k,`')6_ - 'i 75 do 107.20
Jno.C.Ryan Land Co.
(rend.for 1928 by S 25' of 11
Y.A.O'Brien) and '.351 of
12, Block 24 do 60 do 85.76
Jno.C.Ryan, Jr. S.15' of 12
and all of 13
Block 24 do 75 do 107.20
Jno.C.Ryan Land 1 and N.25' of
Company 2, Plock 24 do 75 do 107.20
C.H.Custer S.25' of 12
and all of 3 do 7j do 107.20
A.J.0'Bri en and 4 and IT.2 r,-' of
wife,Susan V. 5, Block 24 do 75 do 107.20
O.'W.Webster S.25' of '
and all of 6 do 75 do 107.20
Jno.C.Ryan Land
Co. (rend. in 1927 7 B1k.24 do 50 do 71.47
by W.B.Townsend)
L.H.Kassel 8 and N.25'
of 9, Blk.24 do 75 do 107.20
J.M.L eonard. S.25' of 9
and all of 10 do 75 do 107.20
Arch Clevenger 11 and 12 -24 do 1QQ do 14293
R.C. Sweeney 1 and 2 -34 do 100 do 142.93
Jno.0.Greg;g 3 and N.251
of 4 34 do 75 do 107.20
Paul La.Grave S.25' of 4 "
and all of 5 do 75 do 107.2C
Paul LaGrave N.25 of 6 -34 do 25 do 35.73
Jno.C.Ryan Land
Company S.25' of 6, all
(R.Carroll renders-of 7,8,91& 10
8.1/4 of 7, all and F-3 j ' of 11
of 8 and N.1/4 Block 34 do 262,5 do 375.19
of 9 for 1928)
J.Forrest Mccutcheon- S12;' of 11
ar_I all of 12
Block 34 do 62. 5 do 89.33
TOTAL COST TO PROPERTY OYRI ERS - - - - - - - - - - - - - 9� �
FORM No. 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 30 days after the date of completion of said work
and its acceptance by the City, and the remainder in five equal annual instalhnents 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 inter-
est upon said assessments when due as herein provided shall at once mature the whole amount there-
of, both principal and interest, which shall at once become collectible without notice.
(3) That the saiijassessments shall bear interest from the date of the said completion and ac-
ceptance at the rate of*per cent per annum, payable annually, and if not paid when due the said as-
sessments 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 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 atz3g=;= seven
p eICent (9%) 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 prerequisites to 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 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 City Assessor and
Collector shall deposit all sums received by him on said certificates with the City Treasurer, and the
said City 'heasurer shall keep the same in a separate fund, which fund is hereby designated as the------
--------------------------------------------------------- --------------CERTIFICATE FUND 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 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 certifi-
cates may be issued, with coupons thereto attaclied 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 at-
tached to said coupons may be facsimile signatures stamped,engraved or printed thereon. Upon pay-
ment of any installment 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 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 en-
force the lien securing the said certificate, and collect the same, but shall not be liable in any manner
for failure to so collect or enforee the lien thereof.
(5) That this ordinance shall take effect from and after its passage.