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HomeMy WebLinkAboutOrdinance 104 AN ORDINANCE /d ly- ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON �� STREET IN THE CITY OF FORT WOR'do BETWEEN ITS INTERSECTION WITH STREET AND ITS INTERSECTION WITHSTRM t AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY AND AGAINST THE NORTHERN TEXAS TRACTION COk?ANY, A CORPORATION, AND ITS PROPERTY, AND PROVIDING POR THE COLLECTION OF THE SAID ASSESS- MENT AND THE ASSIGNABLE CERTIFICATES EVIDENCING THE SANE. BE IT ORDAINED BY THE BOARD OF 0010 ISSIONERS OF THE CITY OF FORT WORTH, THAT: WE EAS, on the g Qay of th- Board of 0amissionere of said city by resol. tion direot®d the improvement of C57., f I Strcat0 from it inter- section with the line of . Street to its intersection with the line of .�, -'•. Street, by raising, f illibg, grading and paving the same and installing concrete curbs and gutters thereon; and .-hereaa, in accordance with said resolution, irecifioations fox 3 is work were duly prepared by the said Boards and Whereas, bids for said improvement were duly advertised for as re- quired by the city oharter; and whereas said bids were reciived, opened and considered by the Board of Coadersioners and the bid of the Texas Bitglithic Company, a corporation, ° n for the improvement of said street was accepted b T *aid Board of Commissioners; and whereas, ': he said Coi:F,:any has entered into a contract with the City of Fort forth as 1 rovided by the charter, for the improvement of said street within said limits by raising, grading and filling the same and by paving same with Bitulithia Pavement upon. a five-inch gravel concrete base with concrete curbs along curb lines and concrete gutters 34 inches gide j and eahereas, the said Company has exocistvd its bond to the city of Port Worth for the maintainance of the said iMrovement and for the constrdction thereof in accordance with said con- tract and spec if icat ions, with sureties as required by the said city charter, which contract and bands with the sureties thereof have been daly approved by the said Board of Com- missioners; and, whereas, thereafter, the city engineer of said city filed his written statement with the Board of Commissioners concerning the said improvement and the cost thereof as provided by Section 8 of Chapter 14 of the Chester bf the said city, which statement was considered by the said Board, corrected and approved, and whereas, th rea.fter, the said Board did, by reso'ution of date the day of 19099 find and declare the necessity of Iasessing a portion of the cost of said improvement against V the owners of property abutting thereon and their property, and did prescTibo a hearing to the said owners, their agents and attorneys, and fig a date ,therefor, and direct he City Lbswti Secretary of the said city to ** notice of the said heas�- ing by advertisement as provided by the said city charter amd also by posting said notices as therein provided, and whereas, in accordance with the said resolution the said City Secretary did issue a notice of the said hearing to the said property owners by publication thereof for the. time and in the manner prescribed by the city charter in The Star-Telegrams, a daily paper of general circulation in the cit; of Port Sib rth, for five (b) consecutive days tTior to the said hearing and did also notify the said owners of the said hearing by posting a copy os the said notice to each of them a t the post office in the city of Fort forth r or than ten (14) days prior to the date of the hearing; an::.., whereas, the said hearing-, in accordance wi�:h tho said resolution and notice, was held by the Board of Commis-ioners on the day of dune, 1949, at 10 o'clock a.m. , at which time and place no owr:ers of ? roperty a feared to contest the said assessment or the benefits of said iriprovement or any other matter ox thine connected with the said improvement or any irregularity witi7 reference thereto excel)t NOW and the said persons having been heard and the Board of Com- missioners having heard evidence as to the said ir_provement and the benefits thereof to the property of each of the owners named herein and having fully considered the said evidence; Be it, therefore, further ordained by the said Board of Commissioners as follows, to-wit: FIRST: That the benefit 66 each parcel of the property of each owner hereinafter named in the enhinsed value of the said property exceeds the total amount herein- after assessed against the said owners of said proper:y, and that the said Board of Commissioners t6termines the front foot plan or rule to be the just and equitable plan if apportionment against the owners of said rlrop�erty as to the amount of cost of the said improvement to be assessed against t Tian and that said assessment shall be and is made in ac- cordance .pith said front foot 1:,lan or mule in pror.ortion as uhe frontage of each MWpotrty upon th-3 street named. to -4- be 4be improved. SECOND: That w ere is -Lnl ^hall be aseesged agains' each ref the rners of prnparty harein below named and against the several r_,arcels of p Toperty of the said owners herein below described as. their ral-er pro rate part of the oost of the said Imrovement ';he several sums of money set ol,--osite the nru,.os of the said owners and their said .ropert r. The names of -' he said owners and descrirtion of the property of each and the `o tal amount in money hereby assessed against each ovmer and his property being as fol— lows, to—wit: Description of Property- -- y Front Cost per Total Names of Owne"-- Block, feet. front foot. cost. E. J. Brock .......................B-6 T,-1 75 $4.409 $330.722 M. Maxon ........................B-6 L-2 15 3.778 283.369 W. H. Murphy ..................B-6 L-3 60 3.30 197.617 1 1 Mrs. Ida Cunley ................. B ... -6 L-4 59 8.34 197.02 k T. Duff .....,.,..• • •...B-6 L-4 50 9.72 18U2 f J, D. Vaughn ....................B-4 L-4 50- 4..88 215.94 1+ J. A Smith .......................R-6 T,-4 117 4.42 1 q n- T. B. Sanders ..... ..............B-2 , L-14 76 4.41 330.72 M. A. Dillard ..........r..........8-2 L-13 75 3.77 283.37 } R. C. Wallace .....................B-2 L-12 75 3.29 247.02 i J.L. D. Arimon ...................B-2 L-11 75 9.55 266,31 I D. S. Hare .B-2 L-10 75 4.35 236.17 fd H.L.Peters .......................B-2 L-9 75 4.41 331.39 W. H. Grove ......................B-2 L-8 75 4.41 331.39 J. O. Crenshaw .. ...............,B-3 L-1 110 3.69 406.94 Mr. Tibitt ....................B-3 L-2 60 3.69 184.96 Mr. Fitzgerald .13-3 L-$ 50 3.69 194.97 S. M. McDonald ..................D-3 L-4 50 3.69 184.96 R. C. Booth .......................B-3 L-5 50 3.69 184.96 J. R. Andrews ..................B-3 L-6 60 3.69 221.97 L. R. Fitzgerald ..................B-4 L-1 50 3.69 184.96 .T.$, g ..........................B-4 L-2 66.66 3.69 246.63 lA H. rrah11 ft ... ................B-4 L-3 34.22 3.69 126.58 + J. K. Winston .....................B.1 L-3 to 9 342 3.69 1.265.23 1! Mrs.Lila Whitworth ..............B-1 1.-" 50 3.69 184.97 W. E. Elliott ......................B-1 1,-1 60 3,69 184.97- S. H. Russell .....I...........- B-6 L-17 140 3.84 460,40 Santa Fe railrowl ................948.92 square yards 1,980.76 City of Fort Worth ...............316.65 square yards 660.98 Northern,Texas Traction company.1.380.61 square yards 2,$82.04 z Total ..................................... ........$12,590-29 That the u ount sot oh osito the nani-- of :each owner above and hi:-; -oroporty in hereby as es z3ed against the saidproperty and declared to be the pt-,reonal liability of the owner thereof and aeouro d Oar a lien upon the said property eerior to -_11 other liens, claims or titles except lawful tares; that the amounts payable by each owner and assessed against his or her property above shall be i.ayabl as follows, to—wit : In full thirty (30) days after the completion of the said improvement in front of the property of each re- spective owner and the acceptance thereof by the said city. THIRD; That the said assessment shall bear interest from the date of the said completion and &**opt- ance t.t the rate of eight per cent (8%) per annum and that if not paid Aen due, the said assessment and claim of personal liability shall be enfoece"Ither by the sale of such property by the officer and in the manner as Car as applicable, as sales are authorized to be -made -dor non- *ayment of city tares, 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. FOURTH: That if any of the said property owners against whom and whose property the assessment is hereby made, shall not pay in full whom due the amount so assessed, then that the city shall issue to the said Texas Bitulithic Zoripany, the contractor for the said ipprovement, assignable c;rtifioates �V- ainst the onwers of sal,_ property so failing 4k -7- to pay such assessments and against their saild property, which sai;a certificates shall declare the said sums to be due and payable upon the completion and acceptance of tbs t said work and shall be payable to the said Texas 13itulithic Qomjpany and shall state the amount due from each prn':=Hrty owner and hereby assessed against his property and the rate of interest therein, herein fixed &* 8% per anrn=, and each certificate shall recite and declare the fact that the same are secured by a lied against the property of such owner and the personal liability of such owner and shall describe such property by number and block or by such other descrip- tion 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 know&jnd if the property is owned by an estate, it will be sufficient to so state the fact. Said certificate shall provide that if the amount therein deolared shall not with accrued interest and be paid when due, that it shall be oollectible^with court costs and attorneys fees if the same have been incurred and shall recite that the . roceedings with reference to such Improvement have been made in compliance with the tterms of the said charter of the city of Fort Worth and that all prerequisites to the fining of the liens and personal liability evidenced by such certificates have been perform- ed. Said certificates shall be executed by the '- aycr %;aid attested by the City Secretary with the corporate seal. Said certificates shall provide that the sane shall be :say— able to the Tax Collector of the city, who shall i--sue his receipts for payment thereon, which receirt shall be evident e of such payment on any demand for same further by virtue of the said certificate or any independent contract to ray the same ant :.red into by the owner thereof ar*shall provide that �r8.. the tax collector shall deposit all mnis received by him on said cortificEto . i,rith c ci", - Ewtehk taKO and paid city neww shall keep the same in a separate fund, whibh fund is hereb-- designated as 0Street Special vi 7- Certificate Fund ':o.1", and; t�:e t _anev er any papaent shall be made to the t= collector uTon such c:.r-ifica€;e, it shall be his (duty upon presentation by the paid coritiactor or %he holder thereof to encs^rse sa i ' ayment thereon ane that the said contractor or hold,'rr of certifi,sate :shall be en- t*led to rcceive from said city treasurer than amount so paid upon present nf, of the said certificate, creCut^c' -.1th the ar:ount paid thereon, and that said endorsement and credit shall be the treasurers s warrant for makg such payment to said contractor and that such payment by the treasurer shall also be receipted for by the said holder in writ$ng to said treasurer or by the surrender of said certificate when the principal therccf, together .;i th accrued interest and coat of collection shall be paid in full. Such certificat® shall also recite that the cit; of Fort Forth shall not be liable for the payment thereof or for any interest tha:eon, or fo-- the cost of collocting and enforcir_E, the same, but that the said Qompany or holder tnereof shall have the xi.C;ht to collect °paid certificates as txk :rein .rovided by `;he terga of the charter of ,he. city and that the city shall, whenever demanded by said company or the holder of said certificate, fully exercise Its charter power to enforce tele, lien seouring said certificate and collect the same, but shall not be liable in any rianrer for failure to so collect any certificate or to enf<. rce the lien hereof. FIPM: That the said hoard, ha. _ ascertained the oas* of constructing Improvements u :on :jai.:: stns'. :. to be iLlproved between rails and tracks an,"I 18 inches on the outside thereof of the _aorthern Texas Trac4,,ion Cozpary, a ooxw oration operaU#g a street railvray over a portion of the said street, to be the sump of Dollars C;,'w%A.7 _), the said Board doos hereby eve a special tar zLC%ainst the said 14"orthern Texas Traction Coqj,,any, a c.oxi coration, and against the road-'bed, ties, rails, fixtures, rights and franchic�. s of said comrany, of _"_J :.ount and LLoes hereby declare the sai:a sum to be secured by a. lien u=)on the said roach-bod, ties, rails, fixtures, rights and franchises of oai,v railway company from the date hereof, prier and 2W ericr to all incumbrances thereon except lawful taxes; that -.aid taxes hereby assessed shall b�,eome due upon the cor-a lotion of the said iiaprove=ent by 6he s"Ll" Texas Bitulithic Company and its acceptance by the Ci*y of Fort Worth, and if not paid ghen due, shall i.xi..::e dtately become ddli.nquent and shall be enforced as in the cash of the collection of taxes under the chart or of the City of Port Worth by advertisement and sale of the said , roperty ri hts and franchises herein levied on. That the officer makin, such sale loball execute to :.he l�urchasar a deed similar to the one issued when >roparty is Sold for ad valorem taxes by the city of Fort Worth and the recital of Lhe said cd that all legal -1::rere:.-juisites to the validity ,)f said sale have been car..* lied withO shall be 1 rima facia evidence to the truth thereof and so accepted .,ithout furs her proof or said hues and lien r.vay 1)e enforced by the said Texas Litulithic Company or its assigns 1byr suit in any court having Jurisdiction. SIXTH: That this ordinance shall take effect from and after itc passe e. T hereby certify that the above and foregoing Ordinance was duly presented and unanimously passed by the Board of Commissioners of the City of Fort Worth at a meeting held June the 29th91909. -r City Secretary.