HomeMy WebLinkAboutOrdinance 205 ORDINANCE N0.205.
AN ORDINANCE
assessing a portion of the cost of improvement of noNOLIA
AVENUE in the City of Fort Worth, Texas, between its inter-
section with the east line of Eighth Avenue and its inter-
section with the west line of Hemphill Street , against the
owners of property abutting thereon, and their property..
BE IT ORDAINED by the Board of Commissioners of
the City of Fort Worth, Texan, That :
WHEREAS, on the Uzi da
y of _'j- hh-j
1910, the Board of Commissioners of the said ity, directed
the improvement of YIGNOLIA AVENUE between its intersection
with the east line of Eighth Avenue and its intersection
with the west line of He#bill Street by raising, filling,
grading, and paving the Name, and,
WHEREAS, in accordance with said resolution, speci-
fications for said work were duly prepared by the City Engin-
eer, and adopted by the Board of Commissioners , and
3VERREAS, bids for said improvements were duly ad-
vertised for, as required by the City Charter, and
VHEREAS, said bids were received , opened and con-
sidered by the Board of Commissioners, and the bid of the
TEXAS BITULITHIC COMPANY, a corporation, for the improvement
of the said Magnolia Avenue was accepted by the said Board
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of Commissioners , and
WHEREAS, the' said Texas Bitali.thic Company has
entered into a contract with the City of Fort Forth, 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 Bitulithic pavement upon
a five-inch gravel concrete foundation, and
WHWRFAS, the said Company has executed its bonds
to the City of Fort north for the construction and maintenance
thereof, in accordance With the said contract . and specifica-
tions, with surety as required by the said City Charter, which
contract and bonds, with 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, Chapter 14, of the Charter of the City
of Fort north, which statement was considered by the Board,
corrected and approved, and
. .EAS, thereafter, t said Board did , by res-
olution of date the day of 1911, find and
declare the necessity of assessi a portion of the -cost of
said improvements against the owners of the property abutting
thereon, and their property, and did prescribe a heariw of
the said owners, their attorneys, and agents , and fixed a
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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
P+'HMAS, in accordance with the said resolution,
the 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 prescrib by the City Charter in
the Star Telegram, a daily paper of general circulation in
the City of Fort Forth for five (5) consecutive daye 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 Com-
missioners on the 'old^ " day of 1911, at (�
o'clock, A.", at which time an �laoe
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owners of property, appeared to protest the said assessment
and the benefits of said improvement connected with the im-
provement of said Magnolia Avenue :
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NOW HEREFORE, be it further ordained by the said
Board of Commissioners Ias follVws, to-wit :
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That the benefits to each parcel of 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 therefrom
that the strict application of the front foot rule or plan,
whereby each owner is to be assessed in proportion as the
frontage of his property is to the whole frontage to be im-
proved, would operate unjustly in particular cases and that
the app ntment and assessment hereinafter made will effect
substantial equality and justice between property owners .
having in view benefits received by end burdens imposed upon
such owners, and said apportionment is hereby adopted.
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That there is, and shall be , assessed against
each of the owners of pro�}:rrty hereinbelow 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 tgoney set opposite
the names of the said owners and their property. The names
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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, beim as follows, to-wit :
Rate
Name, Lot, Block and A4d tion, rrontage. Sq.Yards. Cost. Per Ft.
Jennie LoCava, E. 114 ft, of It. 1, bk. 3.
Moody's sub. 22-23, F.N............. •..114 266.633 5 556.0.0 $4.8824
Jennie LaCava, W. 48 ft, of E. 162 ft. If- 1, bk.
8, Moody's sub. 22-23, F.-W.............. 48 112,266 34.86 4.8824
J. B. Davies, •W. 60 ft. of It. 1, bk. 3, Moody's
sub. 22-23, F.-W.• .. 60 140.333 292.95 4.8824
Fred Ropke et W., It. 7, bk. D, Glendale sub.
1t, F.-W. 103% 242.076 505.33 4.5824
0.00-11er We11s, It. 8, bk. D, Glendale sub. 17,
F.-W. ... 103 1/, 242.075 505.33 4.8824
David Hinkson, it. 4, bk. B, Martin-Moody`s
sub. 24, F.-W, 60 102.531. 214.04 3.5673
Mary R. Good, It. 3T, bk. B, Martin-Moody's
sub. 24, F.-W. .
681,4 99.970 208.69 3.5673 r
Sidney L. Samuels, N. 65 ft, of It. 1, bk. $,
Martin-Moody's sub. 24, F;W,.,,,,......1084 185.414 387.05 3.5678
Frank V. Gillespie, IL 7, hA& C, Glendale sub.
17, F.-W ................ 17Z,a 1;6.8,0 869.22 3.5673
Maggie Graham, E. 1A of Its. 8 and 9, bk. C,
'let Ub, 17-IR-W. .. ...:: 51 98.48$ . ..4
t N. Turpin, W. �/2 of Tats 9 and fi,
(;4-ndale sub. 17, F.-W. 518/'` 88.436
Lelia F. Tidball. 1t1, bk. A, Martin-Moody's
sub. B 24, F.- ..... .....217 346.717 723.77 3.33531
Julia ,Nozwood, It. 6, bk. 16, Field-Welch.....207 380.740 690.42 3.3353
Lizzie A. Blackburn, It. 1, bk. 1, Brooks-Bailey
sub. 25. F.-W.............................100 148.444 3$0.75 3.3075
D. M. Devitt, it. 16, bk. 1, Brooks-Bailey sub.
25, F.-W. .. ... .100 158.444 330.75 3.3075
Magnolia Ave. E. Christian Church, % It. 5,
bk. 16, Field-Welch .....................109% 163.990 342.33 3.3075
D. M. DeVitt, W. %_It. 5, bk. 16, Field-Welch.1031/8 163.990 842.33 3.3075
Wra. R. F. Johnson, It. 16, bk. 3, McAnulty-
Nesbitts sub. 15, F.-W. .. ..100 213.888 446.49 4.4649`
Mrs. B. G. Harrle, It. 16, bk. 3, McAnvity-
Nesbitts slab. 15, F.-W. . ... .. .. ..100 213.888 446.49 4.4649;
Frank J. Stang], It. 1, bk. 2, Brooks-Palley
sub. 25, F.-W. .100 213.888 446.49 4.46491
Thos. B. White, E. 49 ft, of It. 16, bk. 2,
Brooks-Bailey sub. 26, F.-W.............. 49 104.806 218.78 4.4649
Thos. B. White, W. 61 ft. of it. 16, bk. 2,
Brooks-Bailey sub. 25, F:-W.............. 51 109.083 227.71 4.4649
Mrs. J. P. Ward. It. 15. bk. 4, McAnulty-
Nesbitt sub. 13, F,,W....................100 209.000 438.9 4.3629
E. W. 211on. E. it. of Its. 14 and 18, bk, 4.1
McAnulty-NE,sbitt sub, lb, F.-W.......... X50 104.500 218.15 4.3629
E. W. Xasvn, W. % of Its,14 and 16, b$. 4,
McAn4lty-Nesbitt sub. 15, F.-W......... 50 104.600 218.15 4,3629
C. B. Beard, N. E. cor. It. 1, 50$100 ft. D. S.
Roes sub. 26, F.-W. 100 209.000 436.29 4.3629
Mrs. Jennie Browning, N.4 .fior. It. f, 76x106
ft. D. S. Ross sub. 26, F.-W... .100 209.000 436.29 CH29.
Lr t i. Barfle44, 1t. R•, W, 4, McClellans sub, of
14, F'-W. 981 205.208 428.37 Ct,490
D. M Ut %Att, f: 9, bk 4. .11,eClellans Aub. 1.4,
F.-W .. 885 �Oa.2QB 42$.37 4.3¢90
J. A Step'hep4on, N. E. cor. It, 8, 80100 ft.
D. S. Ross sub. 26, F.-W... ......... ....100 208.333 434.90 4.3490 g
D. S. Ross, N. T. cor, it. $, 50x100 ft D. S. J
Ross sub. 26, F.-W. .... .100 208.333 434.90 4.3490
Jas. Weakle9, It. 8, bk. 3, McClellans sub. 14,
F.-W. ... •.. ...... 98% 213.626 445.74 4.52521 �
Chas. R. Vickery, It. 9, bk. 3, McCle"ns sub.
14, F,-W. .... ., .. .. .. ....;. 981,'(; 213:526 445.74 4.5252
B. L. Waghoman, It. 1, bk, A, Kings sub.
27, r,,,W. ................................100 216.777 452.52 4.5262
B. W. Jarn6% E. % Its. 15 and 16; bk. A, Kings
sub..27, F.-W. .. 50 108.388 226.26 4.5252
L: O. FvQua, W. % its. 15 and 16, bk. A, Kings
sub. 27, i='.-W.. . 50 108.388 226.26 '4.5252
Mrs: A. C. MCErtie, It, 49, bk.ISS, l±'ield-Welch,103239.315 499.57 4.8288
C. J. Henrich, It. 48, bk. 15, Field-Welch......103% 239.315 499.57 4.8268
C. W. Patterson, It. L"bk. in, Kings sub. 27.
, 100 231.222 482.68. 4.8268
W. L. Ligon, It- 16.bk. B.�Kingis sub. 27. R-W.100 231.222 482.68 4.8268
J.A.B. Scott, It. 9, Knights sub 3 and 4 (lots),
bk,: 13. F.-W., s.100 228.333 478.:5 4.7665
R. Y. Erlwnan, It. 8, Knights sub. 3 and 4
(Iota), bk. '18, F.-W................ . ...100 228.333 479.KF 4.76651
J. B. Erlsman, It. 1, bk. 1, dohnson6 sub, bit.
28, F,-W. , 100 228.333 47L65 4.7665
•le� 1.��rrl:nsnn�•9t'11y. 1Sk.
.. 741x1 Oqi" ]..... ,.. L7kRK�
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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, beinp, as follows, to-grit :
Rate
Name, Lot, Block and Ad+i#ttbn, Frontage. Sq.Tards. CoRt. Per Ft.
Jennie LaCava, E. 114 ft, of It. 1, bk. 8,
Moody's sub, 22-23, F.W.................114 266.633 $ 556.00 $4.8824
Jennie LaCa.va, W. 48 ft: of E. 162 ft. It. i, bk.
% Moody's sub. 22-23, F.-W_............ 48 112,266 234.86 4.8834 F
J. B. Davies, W. 60 ft, of It. 1, bk. 3, Moody's
sub. 22-23, E-W......................... 60 140.333 292.95 4.8824
Fred, Ropke et al., It. 7, bk. D, Glendale sub,
17, R-W. . .. .......... .103% 242.075 505.23 4.5324;
- mer Wells, It. 8, bk. D, Glendale Sub. 17, 4
F.-W. ........ ... ...1031,(8 242.075 505.33 4.8824
David Hinkson, It. 4, bk. B, Martin-Moody's
sub. 24, F.-W. ... .. ., ..... ... 60 102.533 214.04 3:5673
Mary R. Good, it. 3T, bk. B, Martin-MoodVa
sub. 24. F.-W. 681,4 99.970 208.69 3.5673�
..........................
Sidney I, Samuels, X. 69 ft, of it. 1, bk. B,
Martin-Moody's sub, 24, F,-W............i081/s 185.414 387.05 3.5673
Frank V. GilIespi_e, IL 7, bk, C, Glendale sub.
17 F.-W. ............................. .102%.. 17 6.8 70 369.22 3.5673,
Maggie QTabam, E. 'A of Its. 8 and 9, bkC,
01thfiftl , sub. 1711r. . .. �... 51% 88.435 184.61 3.56731
`V' N. T ;.ir. W. 8 of Tots and 8, bTf, t'.
nr7,eir• sub. I,- 1'-W. n14y4 88.4911
Lelia F. Tidball, l}t,��1, bk. A, Martin-Moody's
sub. B 24. F.-Y�'.. ....217 346.717 723.77 3.3353
Julia Noxwood. It. 6, bk. 16, Field-Welch,,,..207 380.740 690.42 3.3353
Lizzle A. Blackburn, It. 1, bit, 1, Brooks-Bailey
sub. 25. F.-W,............................100 158.444 330.75 3.3075
D. M. DeVitt, It. i6, bk. 1, Brooks-Bittley sub.
25, P.-W. .100 168.444 330.75 3.3075
Magnolia Ave. E. Christian Church, % It. 5,
bk, 16, lNeld-Welch ............... .....103% 163.990 342.33 3.3075
D. M. DeVitt, W. %. It. 5, bk. 1G, Field-Welch.103% 163.990 342.33 3.3075
Airs. R. F. Johnson, It. 15, bk. 3, McAnuity-
Nesbitts s,itb. 15, F.-W. .. ..100 213.888 446.49 4.4649
Mrs. B. G. Harris, It. 16, bk. 3, McAnulty-
Nesbltts slab. 15, F.-W. ..................100 213.888 446.49 4.4649
:Frank J. Stang], It. 1, bk. 2, Brooks-Ballet'
sub. 25, F.-W. .100 213.888 446.4Q 4.4649
............... ........
Thos. B. White, E. 49 ft. of It. 16, bk. 2,
Brooks-Balley sub. 26, F,-W.............. 49 104.805 218.78 4.4649
Thos. B. White, W. 51 ft. of It. 18, bk. 2,
Brooks-Balley sub. 25, F':-W.............. 51 109.083 227.71 4.4649 i
Mrs. J. P. Ward, It. 15, bk. 4, McAnulty-
Nesbttt sub, 15, F.,W.........I..........100 209.000 436.29 4.3629
E. W. ligasen, E. % of Its. 14 and 16, bk. 4,
McAnulty-NeRbttt sub. It F.-W.......... �O 104.500 218.15 4.3629
E. W. Masm. W. 1,1, of Its, 14 and 16, bh. 4,
McAnulty-Nesbitt sub. 16, F,-W......... 50 104.500 218.16 4.3629
C. B. Beard. N. E. cor. It. 1, OxIOO ft. D. S. '
Ross sub. 26, F.-W........ . 100 209.000 438.29 4.3629
Mrs. Jennie Browning, N. tor. It. f, 75x106
ft. b. S. Ross sub. 26, F.W..,_...........100 209.000 436.29 CM29
E. H. Barfield, It. 8; bk. 4, M'eMIlans sub. of
14, F','-W. . . 981,J 205.208 428.37 4.3490
D. M. DeV1tt, IL 9, bk. 4, McClellans sub. 14,
F.-W, . V
... 98jj 20o.201 428.37 4.3490
J. A. Stephepson, N. E. cor, It. 8, 80x100 ft.
D. S. Ross sub. 26, F',-W.. .100 208.333 434,90 4.3490
D. S. Ross, N. W. cor. It. 8, 50x100 ft. D. S.
Ross sub. 20, P,-W. ......................100 209.932 434.00 4.3406
Jas. Weakley, It. 9, bk. S, McClellans sub. 14,
F.-W. .,., ..1... ...... 984 213.516 445.74 4.62b2 �
Chas. R. Vickery, It. 9, bk. 3, McClellans sub.
14, F.-W. .) .... 981,E 3'13;526 446.74 4.5252
B. L. Waggolnan, It. 1, bk. A, Kings sub.
27, F.-W9 .120 216.777 452.52 4.5252
B. W. Jamd.9, E. % Its. 15 and 16, bk. A, Kings
sub. 27, F.-W. .. 50 108.398 226.26 4.5252
L O. Fnqua, W�1 Its. 15 and 16, bk. A, Kings
sub, 27, F,-w... .. 50 108.388 226.26 '4.5252
Mrs. A. 'C. MCErtle, It. 49, bk. 8, F`Ield-Welch.101% 239.315 499.57 4.8268
C. J. Henrich, It. 48, t,>k. 1�, Field-Weich......103% 239.315 499.57 4.8268
'C. W. Patterson, It. 1.%k. B, Kings sub. 27,
FAV. .100 231.222 482.68, 4.8268
W. L.Ligon,it. 14,btc. B, Kinge sub. 27, F.-W.100 231.222 482.68 4.8268
J.A.B. Scott, It. 9; Knights syb 3 and 4 (lots),
bk. 13, F.-W.... .. 100 228.333 4716.05 4.7665
R. T. Eririman, It. 8, Knights sub. 3 and 4
(lots), bk. 12, F,-W.......•.......... ...100 228.333 476.6F 4.76651
J. B. Erlaman, It. 1, bk. +1, JDbnsonb sub, bk.
28, F.-W. 100 228.333 47%bq 4.7665
- daman_ It. 39: bk 1. A Lhn&,np-1vub. 15k.
s. F',-W. ...,• .. 100 228.333 -1 E;5 4.7665
Merrie 'fully $ostlek, It. 9, bk. 3, gaidel sub. -- --
3,2.,V. W. .. .. . -. ... 100 224.668 468.99 4.6899
E. E. Martin, E. % of Its. 7 and 8, bk. 8, Seidel
sub, 12, F-W. ........ 50 112.338 234.56' 4.6899
Ellen G. Hardwick, W.f 3t' 'of Its. 7 an4 9, bk.
3, Seidel sub. 12, F,-W. .., . GO 112.338 234.56 4.6899
H.Witcher, tt. 1, bk. t, Johnsons sub. 28, F.-W-100 224.666 468.99 4.6899
E. C. Manning, t. 49 ft. It. 32, bk. 2, Johnsons
sub. 286 F.-W............................. 49 110.086 229.80 4.6899.
E. C. Manninir, W. 51 ft. It. 32, bk. 2, Johnsons
sub. 28, F,-W. .. 51 114,68(] 239.19 4.6899
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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 the personal liability
of the owner thereof, and secured by a lien upen the said
property superior to all other liens, claims or titles, ex-
oept lawful taxes, that the amount paybble by each owner,
above , shall be payable as follows , to wit :
In full, within thirty days after the completion
of the said,improvement , in front of the property of each
respective owner and acceptance thereof by the said city.
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That the said assessment shall bear interest
from the date of the said completion and acceptance at the
rate of 8% per annum, and if not paid when due the said
assessment and claim of personal liability shall be en-
forced, either by the sale of such property by the officer
and in the manner, as far as applicable , as -sales are author-
ized to be made for non-payment of City, Taxes as ,)rescribed
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.
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That if any of the said property owners, against
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whom and their property the assessment is hereby made,
shall not pay in full when due the amount so assessed,
then, that the City shall issue to the said Texas Bit-
uiitbio Company, the contractor for the said improvement ,
assignable certificates against the owners of said prop-
erty so failing to pay such assessments , and against their
said property, which said certificate shall declare the
said ,sums to be due and payable fthirty days after comple-
tion and acceptance of said work, and shall be payable to
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the said Texas Bitulithic Company,)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%1 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 shall describe such property by number and
block, ar 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 facQ
Said certificates shall provide that if the
amount therein declared shall not be paid when due , then
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it shall be collectible With accrued interest , and with
court costs and reasonable attorney's fees if game have
been incurred, and shall recite the proceedings with ref-
erence 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 fixing of the
liens and personal liability, evidenced by such certifi-
cates, have been performed. Said certificates shall be
executed by the Mayor and attested by the City Secretary
with the corporate seal. Said certificates shall pro-
vide that the same shall be payable to the Tax Collector
of the City, who shall issue his receipts for payment
thereon, which receipts 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 thereof, and shall provide that the Tax Col-
lector shall deposit all sums received by him on said cer-
tificates withothe City Treasurer and the said City Treas-
urer shall keep the same in a separate fund, which fund
is hereby designated as the PAGNOLIA AVENUE CFRTIFICATB
FUND NO.1, and that whenever any payment may be made to
the Tax Collector upon such certificate , it shall be his
duty upon presentation by the said contractor, or the
holder thereof, to endorse said payment thereon, and that
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contractor or holder of such certificate , shall be en-
titled to receive from the City Treasurer the mount 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 pay-
ment by the Treasurer shall also be receipted for by the
said holder in writing* to the said Treasurer, or by the
surrender of the said certificates , when the principal
thereof,together with accrued interest and cost of col-
lection, shall be paid in full.
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 comp-
any or holder thereof, shall have the right to collect
such certificates Es therein provided by the terms of
the Charter of the City of Fort Worth and that the said
City of Fort forth shall, whenever demanded by the said
Company, or bolder 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.
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That the cost of said improvement in accord-
ance with the terms of the said contract, between the
rails nd treks ,an8 inches on the outside of the
V Company,
a street tailway company, occupying the said street,
is hereby ascertained and determined to be the sum of
and to secure the payment of the
said sum a special tax in said amount is hereby levied
upon and against the road bed, rails, ties, franchises,
fixtures and property of said Street railway Company as
prescribed by the charter of this 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 days after the coi�pletion and acceptance of said
improvement by the City; and if the tax shall not then
be paid, the same shall be enforced either by sale of the
said premises in the manner as near as possible as pro-
vided for the sale of property by the City of Fort Worth
for a dvalorem taxes, or the same may be enforced in any
court having jurisdiction.
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That this ordinance shall take effect from and
after its passage.
I 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 session of said
Board held Tuesday January 31st ,1911.
Ki;
City cretary.