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HomeMy WebLinkAboutOrdinance 405 FORM No. 14 �L/J� w� !l AN ORDINANCE. Re— Assessing a portion of the cost of improvement on_.Fairmount Avenue , in the City of Fort Worth,Texas, between its intersection with the._Aou.th._line of._ H no ad 10 __ __...Street, and its intersection with the ILQ L.._ line of_-e.&a1e1bffe._-.....--._ Strom against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, On the _ - ---_.-.--..,-... day of 1911_, the Board of Commissioners of the said City directed the improvement of .....Fair.maunt....A-Y-enuiL.................Street between its intersec- tion with the_-_-.Bo uth.-.---line of._Ras-ad8.1*_.._..---...._Street with its intersection with the.-._IIflr.th--...._line 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 ut 'c Company, a corporation,for the improvement of the. said ... .... .......!!nt t, as accepted by said Board of Commissioners;and, WHEREAS, Ts 'd Texa itulithic 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 sa , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founds ' 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 a which contract and bonds with the surety thereof, have been duly approved by the said Board ommission • and, WHEREAS, Thereafter, the City n f 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 Boa , corrected and approved; and, WHEREAS, Thereafter the said Board d' ,b esolution of date,th __ __day of....!'�................... .... FAIRMOUNT AVENUE. Rosedale to Aeatherbso. Rate N A M I Lot Blk Addition rt Cast _per_ foot, Mattie F. Eubank & James Eubank. 5 6 3 Stew-art 's 100 t329. 36 3.2936 FORM No. 14—Continued V 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 s�ured by a lien upon the said property superior to all other liens, claims or titles, except lawful taxes, that the 4 amount payable by each owner, an / 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. re— (3) That the said assessment shall bear interest from the date of the said completion and accept- ance at the rate of 8 pe cent per annum, and if not paid when due the sk assessment and claim of personal liability shall be enforced, either by the sale of such property by a 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 and general laws, or by suit to enforce the said claim of personal liability, or lien in any court having jurisdiction. (43 That if any of the said property owners, against whom and whose property Missessment is hereby made, shall not pay in full when due the amount s%assessed, then, that the CiW shall issue to the said Texas Bitulithic ompany, the contractor for the said improvement, assignable certificates against the owners of i/d r perty so failing to pay suc14 assessments, and against their said property, which said certif' t eclare the said sums to be due and payable thirty days after completion and acceptance o s ork, an hall be payable to the said Texas Bitulithic Company, and shall state the amount due from each p y owner, and herebyrsessed against his property, and the rate of interest thereon,-herein x at eig er cent (89o' ) per annum, and each certificate shall recite and declare the fact that the same is s re by a lien against the property of such owner, and personal liability of the owner, and sh d rib such property by number and block, or such other description as may identify the same wi eference a other fact recited, and by the name of the owner and if the owner is not known, or if the op s owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide if the o t therein declared shall not be paid when due, then it shall be collectible with accrued inte t nd with court costs, and reasonable attorney's fees, if same have been incurred, and shall re 't the proce 'ngs with reference to such improvements have been made in compliance with the ter s ther the charter of the City of Fort Worth, and that all pre-requisites to the fixing of the lie a perso iability, evidenced by such certificates, have been performed. Said certificates shall be execute y t Mayor and attested by the City Sec- retary with the corporate seal. Said certificates shal r de hat the same shall be payable to the Tax Collector of the City, who shall issue his receip for paym t hereon, which receipts shall be evidence of such payment, on any demand for same-by virt of s 'd certificate, or any independ- ent contract to pay the same, entered into by the owner , d shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi with th6 y Treasurer and the said City Treasurer shall keep the same in a separate fund, which fuo"is ereby designated as the-------- _ ...._ ..._._....__........._ CERTIFICATE FUND No. ..__, and thhenev a yment may be made to the Tax Collector upon such certificate, it shall be his duty upon pr e i the said contractor, or the holder thereof, to endorse said payment thereon, and that the o a for or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amoun 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. 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. (b) That this ordinance shall take effect from and after its passage. t Ordinance No.406 Continued. I hereby certify that the above and fore going ordinance was duly presented and unanimously pas ed and adopted by the Board of Commissioners of the City of Fort Worth at a session of said Board held Tuesday February 24th,1914. City Sec etary.