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HomeMy WebLinkAboutOrdinance 305 FORM No. 14 AN ORDINANCE. Assessing a portion of the cost of improvement on....-AIl®n_AT®ntte , in the City of Fort Worth, Texas, between its intersection with the east......_line of_ &T.� ._ - ...- and its intersection with the ...east __. line of._ !alker Avenin___- S� against the owners of property abutting thereon, and their property. M -_ BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, f" TEXAS, That: WHEREAS, On the _a7th._ day of . px. ,l...- 19_10, the Board of Commissioners of the said City directed the improvement of Allen 4 Avenue M Street between its intersec- tion with the___!__ ®t._.line of--A#2-A1___._Si2ee with its intersection with theA __....:_—line of-� ker,Yens._. _ ,Sbree , by raising, filling, grading, and paving the same; and, 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 Char- ter; and, WHEREAS, Said bid were received, opened and considered by the Board of Commissioners, and the bid of the Texas • u 't 'c Company, a corporation, for the improvement of the__..__A11 a n______ Avenue as accepted by said Board of Commissioners;and, WHEREAS, s id Tex Bitulithic Company has entered into a contract with the City of Fort Worth, as provide the C r , for the improvement of said street, within the said limits by rais- ing, grading, and filling th a , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founda ' n• nd, WHEREAS, The s d Compa ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, i c ce with the said contract, and specifications, with surety as required by the said City Ch e which contract and bonds with the surety thereof, have been duly approved by the said Board ommission • and, WHEREAS, Thereafter, the City n of said City filed his written statement with the Board of Commissioners concerning the s d ov ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the i statement was considered by the Board, corrected and approved; and, HEREAS, Thereafter the said Board d' ,b esolution of date,the...__ :' 19.A, find and declare the necessity of se ng a portion of the cost of said improvements against the owners of the property abutting ther n, and their erty, and did prescribe a hearing of the said owners, their attorneys, and agents, and fi e a date er or and did direct the said Secretary of the said City to issue notice of the said hearing by a ' ement, as provided by the said City Charter, and also by posting said notices as,provided the n• nd, WHEREAS, In accordance with the said solution, •ty Secretary did issue a notice of the said hearing to the.said property owners by publication er or the time and in the manner pre- scribed by the City Charter, in The Star-Telegram, a' paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to a aid hearin d did also notify the said owners of the said hearing by posting a copy of the said notice to eac f e , at the post office; in the City of Fort Worth, Texas, more than ten days prior to the date th a 'ng; and, WHEREAS, The said hearing in accordance with t e a' r ution and notice was held by the Board of Commissioners on the.... _14t_h...... da of..._M.aY.......... .......... 1 , at .. oscloek ,a. m., . ........ . .. at w ' time and place ...... .-... '....... �,, .... . �...+.. .......+. .r.. .c.t�.... ._ - ....._-. ....... `.r -- r �i �.4.r _ ................�..... �._c�.....w... r .................................................................._....................................................... .........:. ................. .........................._.........._...... __.._ ......__... owners of property, appeared to protest the said assessment, and the benefits of said improvement con- Allen Avenin► netted with the improvement of said ......................................_ ._..._ _.__..__._. .... _ NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- wit: ' �- (1) That the benefits to each parcel of property of each owner hereinafter named in the en- hanced value of said property exceed in each case the amounts hereinafter assessed against such own- ers 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 pro- portion as the frontage of his property is to the whole frontage improved, would operate unjustly in particular 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 im- posed upon such owners, and said apportionment is hereby adopted. (2) That there is, and shall be, assessed against each of the owners of property hereinbelow named, and against the several parcels of property of said owners hereinbelow described as their proper pro rata part of the costof 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 PAVING ASSESSMENT FOR ALLEN AVENUE, FROM M.K. &T. RAILROAD TO THE EAST PROPERTY LINE OF WALKER AVEITUE, NA F LOT BLK. ADDITION. FYTGa- COST, RATE PER FT. H.L. Calhoun, 6 14 Lawn Terrace 50 $2090,91 $ 4. 1982 H.L. Calhoun,5 & Si of 4 14 " " 100 419. 82 W. P. Calhoun.N 55 1 of 8 19 " " 55 230. 90 " W.P. Calhoun, 1 19 "' " 100 419.82 " W.'P.Wi a e. 6 15 " " 100 452. 29 4. 5529 W.A.Smith. 5 15 " " 100 452. 29 4, 5229 W.R,Pear son. 10 18 " " 100 452. 29 Sidney L. Samuels 1 18 "' " 100 452, 29 " A' L.Overton 5 16 " " 100 413.44 4.1344 A,L.Overton, 1 17 " " 100 413. 44 "' W.A.Darwin# 541 21 Hyde Park 60 251. 89 4.1982 Joe Kraemer 539- 540 21 "' " 100, 419.82 " Mrs. Lizzie Holden- 538 21 * " 50 209.91 N.M' Preseley 537 21 " " 50 209191 " J.A.McClain 536 21 " " 50 209. 91 " F.M.Hi 11. 535 21 " " 50 209. 91 " Frank Massingale 533 & 534 31 " " 100 419.82 " C,W.Forbss. 531 & 532 21 " " 115 482. 79 " A.L.Overton. 520 20 "' " 54 248. 76 U.E.Young. 521 20 "' " 50 209. 91 " Mrs, Mattis Watkins, 522 2Q " " 50 209, 91 J.A.Beasl ey 523 20 " " 50 209. 91 " Lucy M. Faires. 524 & W of 525 20 "' " 75 314.87 R.E.Brat t on, 526 & E* of 525 20 " " 75 314. 87 *' J:J.Sweet. 527 20 " " 50 209.91 " R.A.%ell 528 20 " " 5©- 209. 91 L.M.Bartley-525- 530 20 "' " 115 482,79 " Mary E. Call. 580' 22 " " 69.7 296,66 4, 2562 N G.W.Barr. 579 22 " " so 212,081 " Puckett & Hear 578 22 " " 50 212.81 Geo W. S.V. & L.B.Culver. 577 22 " " 50 212. 81 " F. S.Mart in,576- 575 22 " " 100 425, 62 " J.R.Puckett/583- 581 23 " " 119,o7 509.46 " R. J Williams. 583 & ' of 584 23 " " 75 319.22 " T. S. nne tt-E 2 584 &, W* of 585 23 " " 50 212. 81 " N.G.Roberts. Ej 585 23 " " 75 319. 22 " T J.Maben. 574 22 " " 50 209. 82 4. 1936 N.T.Hinklay. 573 22 " " 50 205. 27 4:1054 Y.F.Kitchen 572 22 " " 50 205.29 " J.K.Wilson. 570-e 571 22 " " 100 410. 54 " C.W. Cruce. 569 22 " " 165 677. 39 " J. G.Maben. 588 23 " " 50 205. 27 " Henry Maschke 589 23 " " 50 205. 27 „ Ben Brooke 590 23 " " 50 205. 27 C.M.Gibler. 591 23 " " 50 205, 27 " Walter Joneer et al- " 5 225. 80 W 55'of 592 23 " " 5 Mrs. X.E. Baker. N " N E 110 of 592 23 110 451. 59 C.A.Tolksdorf U95 43 " " 175 527. 68 3. 0152 S.B.Mil ler. 1194 43 " " 50 150.76 " Stella L.Morrison. " 1193 43 " " 50 150. 76 .�. ..Y+ le #` BLK ADDITION - RATE !"A'R �. W;A. Oliver. 1192 43 Hyde Park 50 $150. 76 $3. 0152 J.0.Carroll-' 1191 43 " " 50 150. 76 " J:P. Little 1190 43 " " 50 150.76 R.S.Pattersoa. 118$ 43 " " 50 150. 76 " Stella L,Morri- son 1184 to 1188 inolu-43 " " 350 753. 80 " J.L.Blair. 1183 43 " " 50 150. 76 " Elisabeth Claiborne. 1182 43 " " 50 150. 76 " W. C.W.McKee 1181 43 " " 80.85 .243. 78 " P.M.DeVitt. 1 42 P.M.DeVitt sub-division of Its 1166-1167 Hyde ftrk Add- 59. 85 180.46 " P.M,DeVitt. 2 42 P.M.DeVitt sub-division of Its 1166-1167 • • ' Hjrde Park 'Add. 48 144.73 " P.M.DeVitt. 3 42 P.M.DeVitt sub-division of Its 1166- A167 Hyde Park Add, 48 144. 73 " P.M.DeVitt 4 42 P.M.DeVitt sub-division of Its 1166«116? Hyde Park Add, 48 144,73 " P.M,DeVitt- 5 42 P.M,DeVitt sub-division of Its 1166-1167 Hyde Park Add. 48 144. 73 W B.leith 1168 42 Horde Park 50 150.76 " D,R.Duke 1169 43 a " 50 150. 76 " Hyde Park Land Co- 1170 42 " " 50 150.76 " Sidney L. Samuels-1171 1172 42 " " 100 301. 52 " A;R' Carroll. 1173 42 " " 50 150. 76 " W.P.Portwood. 1174-1175 81176 42 " " 150 452. 28 " D;C.Feegles. 1177- 1178 42 " " 100 301. 52 " W.P.Portwood. 1.179 42 " " 50 150. 76 " W.P.Rise. 1180 42 " " 64 192. 97 Jno Tanored 1245 44 " " 62J 188.45 " Miss Harriet Whyte 1244 44 " " 50 150.76 " C'tRgVickery 1243 44 " " 50 150. 76 " C�G.L or d. 1242 44 " " 50 150.76 " T.W. Jackson. 17 44 Highland Park 50 150. 76 " R.H.Hillyard. 16 44 " " 50 150. 76 " Mrs. Mary E.Hampton-15 44 " " 50 150. 76 " W.H,Davideoh, 13 44 " " 50 150.76 " Miss Emma E.Moore. 11 44 " " 50 150. 76 " Miss Emma E.Moore 10 44 " " 50 150,76 " T.M,Cass 1246 45 Hyde Park 62* 188.45 " G.F. Schwink 1247 45 " " 50 150.76 " L,F.Williams. 6 45 Highland Park 50 150.76 " T.J.Winder. 8 45 " 50 150. 76 " B.W.Winder 10 45 " " 50 150.76 " E.A.Weinert 26 55 " " 50 150. 19 3.o637 G.T. Sisk„ 24- 25 55 " " 100 $00.37 " A;Valdes. 23 55 " " 50 150. 19 " J.W.Abbott 22 55 " " 50 150, 19 " M*P.Vowe 11. 19 55 " " 50 150.19 N p.C.Leatherw od. 17 55 " " 50 150.19 Alfted Hirsch. 16 55 " " 50 150. 19 " S,S.Alvarello, 1 54 " " 50 150. 19 " E;K.Aorrie, 4-5 % " " 100 300.37 " J.A,Kayler. 7 54 " " 50 150. 19 ° Mutual Land Co. 18 44 " °" 50 150, 76 3. 0152 Mutual Land "Co. 14 44 " " 50 150.76 " Mutual Land Co. 12 44 " " 50 150. 76 " Miitual Land Co. 9 44 " " 50 150,76 " J.C.Banner. 8 44 " " 62J 108. 45 " Mutual Land Co. 1 45 " " 50 150.76 " Mutual Land Co. 2 45 " " 50 150.76 " Mutual Land Co. 3 45 " " 50 150. 76 " Mutual Land Co. 4 45 " " 50 150.76 " Mutual Land CO. 5 45 " " 50 150.76 " Mutual Land Co. 7 45 " " 50 150. 76 N Mutual Land Co. 9 46 " " 50 150.76 Mutual Land Co. 11 45 " " 50 150.76 " lvi AKE LOT SLK ADDIT ION FTG !COST RATE PER FT Mutual Land Co, 18 45 Highland Park 50 150, 76 3. 0152 Mutual Land Co, 13 45 " " 621 188.45 " Mutual Land Co, 21 55 " " 50 150, 19 3. 0037 B.H.Vaughan. 15 55 " " 50 150, 19 " E.W.Walker, 20 55 " " 50 150,19 Mutual Land Co. 18 55 " " 50 150. 19 Mutual Land Co. 14 55 " " 53 159. 20 " Mutual Land Co. 2 54 " " 50 150. 19 Mutual Land Co, 3 54 " " 50 150. 19 Mutual Land Co. 6 54 " " 50 150.19 Mutual Land Co, 8 54 " " 50 150. 19 " %J.Yeager smith 9 54 " " 50 150,19 A.J.meseereal" 10 54 " " 50 150. 19 " lutual Land Co. 11 54 " " 50 150. 19 " Mutual Land Co. 12 54 "' " 50 I50. 19 " Mutual Land Co, 13 54 " " 53 159. 20 " TOTAL FOR PROPERTY OWNERS. . . . . . . . $28,577. 67 TOTAL FOR CITY OF FTWORT$, . . . . . . . . . 4,p896. 00 TOTAL FOR N.TEXAS TRACTION 00. 0000 111, 34 GRAND TOTAL. . . . . . . . . . . . . $33.,585.01 4NbA f � i a � FORM No. 14--Continued 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 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. (3) That the said assessment shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum, and if not paid when due the said assessment and claim of personal liability shall be enforced, either by the sale of such property by the officer and in the man- ner, as far as applicable, as sales are authorized, to be made for non-payment of City Taxes as pre- scribed-by the City Charter ami general laws, or by suit to enforce the said claim of personal liability, or lien in any court having jurisdiction. (4) That if any of the said property owners, against whom and whose property an 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 Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners ofPeach perty so failing to pay such assessments, and against their said property, which said certifi eclare the said sums to be due and payable thirty days after completion and acceptance sxaan shall be payable to the said Texas Bitulithic Company, and shall state the amount due fro p e owner, and hereby assessed against his property, and the rate of interest thereon, herein e t eigh er cent (8%) per annum, and each certificate shall recite and declare the fact that th ame is se re by a lien against the property of such owner, and personal liability of the owner, and shal a such property by number and block, or such other description as may identify the same wi ference t other fact recited, and by the name of the owner and if the owner is not known, or if the p pe owned by an estate, it will be sufficient to so state the fact.- Said certificates shall provide a . the �dftwi t therein declared shall not be paid when due, then it shall be collectible with accrued inter ith court costs, and reasonable attorney's fees, if same have been incurred,,and shall re it the procee 'ngs with reference to such improvements have been made in compliance with the ter there a the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lien an perso liability, evidenced by such certificates, have been performed. Said certificates shall a executed t e Mayor and attested by the City See- retary with the corporate seal. Said certificates shall o ' e at the same shall be payable to the Tax Collector of the City, who shall issue his recei or payme hereon, which receipts shall be evidence of such payment, on any demand for same by virtu of'd certificate, or any independ- ent contract to pay the same, entered into by the owner h e f, shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi t with= s rebtbty Treasurer and the said City Treasurer shall keep the same in a separate fund, which funky designated as the—.-- Allen Avenue he .-_AllenAvenue CERTIFICATE FUND No. 1.-.,and th�t enevePA ny ayment may be made to the Tax Collector upon such certificate, it shall be his duty upon pr n i the said contractor, or the holder thereof, to endorse said payment thereon, and that the o or or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amo o 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. 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 de- manded 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. Aft Ordinance No.305. Cont'd. I hereby certify that the above and fore going ordinance was duly presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held May 14th,1912. 1-10 City Secretary.