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Home My WebLink AboutOrdinance 214 ------------------ AN ORDINANCE assessing a portion of the cost of improvement of FAIRMOENT AVENUE in the City of Fort Worth, Texas, between its intersection with the South property line of Wetherbee Street and its intersection with the Worth Property line of Jessamine Street against the owners of property abutti thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONF'RS OF THE CITY OF FORT FORTH: a That, WHEREAS, on the day of , 1910, the Board of Commissioners of the said City d ected 6 the improvement of FAIRMOUNT AVE'NiTE between its intersection x a with the South property line of Wetherbee Street and its intersection with the North property line of Jessamine Street, Y by raising, filling, grading, and paving the same, and, WHEREAS, in accordance with said resolution, apeci— fieations 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 adver— tised for, as required by the City Charter, and WHEREAS, said bids were received, opened and consid= ered by the Board of Commissioners, and the bid of the Texas Bitulithie Company, a corporation for the improvement of the said Fairmount Avenue was accepted by the said Board of Com— missionera; and WHEREAS, the said Texas Bitulithic Company has en— tered into a contract with the City of Fort Worth, as provided by the Charter, for the improvement of said street, within the low Mk6 2 said limits by raising, grading, and filling the same, and by paving the same with Bitulithie pavement upon a five inch gravel concrete foundation, and WHERFAS, the said Company has executed its bonds to the City of Fort Worth 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 h 3 contract and bonds with the surety thereof, have been duly a approved by the rd of Commissioners, and, WH AS, therefore, the City Engineer of said City 0 filed his Written statement With the Board of Commissioners 0 t concerning-•the said improvements, and tfie cost tYereof, as 's provided by Section 8, Chapter 14, of the Charter of the City which statement- was considered by the Board, corrected and approved, and, WHEREAS, therefore the said Board did, by resolu— tion of date, the I# day of , 191-0-2 F find and declare the necessity of ass sing�a portion of the cost of said improvements against the owners of the property abutting thereon, and their property, and did prescribe a hearing of the said owners, their attorneys, and agents, and fixed a 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, AIftL 3 WHEREAS, 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 prescribed by the City Charter in the Star Telegram, a daily paper of general circulation in the City of Fort Worth for five (5) consecutive days prior to the said hearing and did also notify the said owners of the said hear— ing by posting a copy of the said notice to each of them, at f I L the post off iao, ire the City of Fort Worth, Texas, more than 6 ten days prior to the date of the hearing, and, WHEREAS, the said hearing in accordance with the a L said resolution and notice was held by the Board of Commission— era on the — day of 19 at_ o'clock a.m. at which time an plac �� 4 J owners of property, appeared to protest the said assessment, and the benefits of said improvement connected with the improvement of said Fairmount Avenue. NOT THEREFORE, be it further ordained by the said Board of Commissioners as follows, to—wit: That the benefits of each parcel of property of each I C. AOL 4 owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assess- ed 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 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 u s received by and burdens imposed upon such owners, and said 0 0 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 des- cribed as their proper pro rata part of the cost of the said improvements, the several sums of money set opposite the names of the said owners and their property. The names of the said owners, and description of the property of each, and the total amount in money hereby assessed against each one, and his prop- erty, being as follows, to-wit: w A% Paving Assessment for Fairmount Avenue, from South Property Line of Wetherbee Street to North Property Line of Jessamine Street. Rate Name, Lot, Block, Addition Frontage Yards Cost -per foot. Dyche Dickson,lots 3, and 4, blk 8 Fairmount .. ....... .......... ......50 118.611 $247.600 $ 4.9520 Mrs N. A Lipscomb lts 3,4, blk 8 Fairmount .. ........ .... ....... ....50 118.611 247.600 4.9520 VParran Taylor lots 5 to 8, inc blke Fairmount.. . . .... ... . ...100 237.222 495.200 4.9520 F. H. Barfield lots 9, 10, blk8 Fairmount .. ..... ... .... 50 118.611 247.600 4.9520 Estelle Moore, lots 11, to 14 ind Blk 8 Fairmount 100 237.211 4954200 4.9520 H. L. Spicer lots 15 and 16 blk 8 Fairmount.. .. ... . ...... . 50 118.611 247.600 4.9520 W. A. Davies, lots 31, 32, Blk 9, Fairmount ............. .5 0 118.611 247.600 4.9520 N. A. Dodge, Lots 29, and 3 0', blk 9, Fairmount .. . ... 50 118.611 247.800 4.9520 J. A. Peacock, lots 27, and 28 blk. 9, Fairmount.. . ... ...... 5 0 118.611 247.600 4.9520 S. J. Fuller, lots 25, 26, blk 9, Fairmount. . . ............ 50 118.611 247.600 4.9520 Q. E. Littlefair, lots 23 and 24, blk 9, Fairmount.. . ......... 50 118.611 247.600 4.9520 A'. J. Ileeng, lots 81, and 22, Blk 9, Fairmount .. .... 50 118.611 247.600 4.9520 Leon Seeble, lots 17 to 20, Blk 9, Fairmount. . ......100 237.222 495.200 4.9520 H. C. Ford, lots 31 and 32 Blk 12, Fairmount.. . ... . 50 117.000 244.237 4.8847 Laura and Amelia Mayer lots 29, and 30 blk 12,Fairmount 50 117.000 244.237 4.8847 Frank B. Parker, lots 27 and 28 Blk 12, Fairmount. . . . ... 5 0 117.000 244.237 4.8847 F. E. Davis, lots 25, 26, blk 12 Fairmount. .......... . ... 5 0 117 .000 244.237 4.8847 Thos H. Shaw,. lots 23,24, blk 12, Fairmount. . . . .. ...... . .. .5 0 117 .000 844.237 4.8847 L. D. Fox, lots 21 and 22, blk 12 Fairmount 50 117.000 244.237 4.8847 W. J. Tackarberry, lots 17 to 20 Blk 12, Fairmount. . ....100 234.000 488.475 4.8847 R. L. Tillery, lots 1 to 5, inc Blk 13 Fairmount ... ....125 292.500 610.593 4.8847 Mrs, J. F. Farr, lots 6, and 7, Blk 13, Fairmount....... 50 117.000 244.237 4.8847 C. F. Butcher, lots 8, and 9, Blk 13 Fairmount. ....... 50 117.000 244.237 4.8847 B. F. Bouldin, lots 10 and 11, Blk 13, Fairmount. . . . ......... . 50 117.000 244.237 4.8847 L. M. Butcher, lots 12 and 13, Blk 13, Fairmount .... ...50 117.000 244.237 4.8847 Co Mo Butcher, lots 14 to 16, Blk 13 Fairmount........ 75 175.500 366.356 4.8847 C. L. Short, lots 1 and 2, Blk 18, Fairmount.. . . .. ......... 50 88.885 185.5 5 3.7111- M. FriedVan, lots 3 and 4, blk 18, Fairmount, . . ....... .. 50 88.885 185.553 3.711• W. E. Steele, lots 5, and 6, Blk 18, Fairmount,...... 50 88.888 185.553 3.7111 Louis D. Fox, lots 7 and 8, Blk 18, Fairmount.. ..... 50 88.885 185.553 3.7111 W. F. Young and M. B. Harris, lots 9 to 12, Blk 18 Fairmount...100 17 '.777 371.109 3.7111 G. H. 6olvin, lots 13 and 14, Blk 18 Fairmount . . ... ...... 50 85.885 185.553 3.7111 W. 0. Carter, lots 15 and 16, Blk 18 Fairmount.. . . .. ... .. 50 88.888 185.553 3.7111 Short and Shaughnessey, lots 17, to 22, blk 18, Fairmount 150 266..666 556.665 3.7111 E. P. Reynolds, lots 47, and 48 Blk 19, Fairmount .. .... 50 88.888 185.553 3.7111 Pik H. E. Grimes; lots 23 and 24, Blk 18, 24, Fairmount 50 88.888 185.553 3.7111 4 Dan Brown, lots 45, and 46 Blk 19, Fairmount 50 88.888 185.553 3.7111 . J. M. Grider, lots 43 and 44, blk 19 Fairmount.............. . 50 88•.888 185.553 3.7111 J. J. Brookshire, lots 39 to 42, Blk 19, Fairmount.. ..... 100 177.777 371.109 3.7111 A. G. Ilseng, lots 37, and 38, Fairmount. .. . ..........50 88.8881 185.553 3.7111 W. P. Boudry, lots 35, and 36 Blk 19 Fairmount. ...... 50 88'.888: 185.553 3.7111 Walter Beck,lots 31, and 32, Blk 19, Fairmount ..... 50 88.888 185.553 3.7111 J. N. Winters Realty Co.,lots 33, and 34, Blk 19,Fairmount 50 88.888 185.553 3.7111 H. E. Gray, lots 29, and 30 blk 19 Fairmount.. . .. ........ 50 88.888` 185.553 3.7111 F. W. Williams, lots 27 and 28 Blk 19, Fairmount.......... ..... 50 88.88a 185.553 3.7111 Dr. F. R. Timmons, lot 25,26 blk 19 Fairmount.. .. ...... 50 88.888 185.553 3.7111 James G. Henderson lots 41 to 48, Blk 022, Fairmouht.... ...400 711.111 1484.444 3.7111 Fred A. Whitsell, lots 39 and 40 Blk 82, Fairmount.. ..... 50 88.888 185.553 3.7111 S. A. Teas, lots 37, and 38, Blk 22, Fairmount ... ........... 50 88.888 185.553 3.7111 Rendell Brothers,lots 35, and 56 Blk 22, Fairmount....... 50 89.888 185.553 3.7111 Co Y Erisman, lots 33, and 34, blk 22fairmount ............ 50 88.888. 185.553 3.7111 Nora Bishop, lots 31- and 32 Blk 22, Vairmount 50 88.888 185.553 3.7111 Laura and Amelia Vv7er, lots 29, and 3.0, Blk 22, Fairmount 50 88.888 185.553 3.7111 Miss Joe Hestrallet, lots 27, and 28 Blk 22, Fairmount...... 50 88:888 185.553 3.7111 , Eugenia L. Lyster, to s 25 and 26 Blk 22, Fairmount....... .50 88.888 185.553 3.7111 F. E. Burkhalter, lots 1, and 2, Blk 23, Fairmount .......50 88.888: 185.553 3.71111 W. C. Butcher, lots 3, and 4, Blk 23, Fairmount, . .....50 88.888 185.553 3.71111 Myrtle Crawley, lots 5, and 6, Blk 23, Fairmount....... 50 88.889, 185.553 3.7111 Martin E. Price, lots 7 and 8, Blk 23, Fairmount.:......... 50 88.888 185.553 3.7111 Robinson & Jones, Lots 9,and 10 Blk 23, Fairmount.... ... 50 88.889, 185.553 3.7111 C. H. Adkinson, lots 11, and 18, Blk 23, Fairmount....... 50 88.888 185.553 3.7111 R. H. Harle, lot 13 and 14, Blk 23, Fairmount..... ... ....... 50 88.888 185.553 3.7111 F. E. Burkhalter, lot 15, and 96, Blk 23, Fairmount....... 50 88.8881 185.553 3.7111 Martin E. Price, Lots 17, and 18, Blk 23, Fairmount... ... 50 88.888 185.553 3.7111 S. W. Holdcroft, lots 19, and 20 Blk 23, Fairmount.. ..... ..a 50 88.88& 185.553 3.7111 M. Friedman, Lots 31 and 22, Blk 83 Fairmount 50 88.888 185.553 3.7111 G. M. Bryant, lots 23 and 24, blk 23 Fairmount.... .. ..... 50 88.888 185.553 3.7111 Alonzo Caister , lots 1 to 4, Blk 26, Fairmount,. .. ... 100 176.666 368.790 3.6879 Mrs. J. A. Smith, lots 5, and 6, Blk 26Fairmount ,.. . .....50 88.333 184.395 3.6879 George Smith, lots 7, and 8, Blk 26, .Fairmount, . .... 50 88.333 184.395 3.6879 J. E. Fender, lots 9 and 10, Blk 26, Fairmount,. . .... 50 88.333 184.395 3.6879 Aw MoGown and Groons, lots 11 and 12 Blk 26, Fairmount.. .... 50 88.333 184.395 3.6879 Henry Dutton, Lots 13 and 14, Blk 26f Fairmount ...... . .. . 5 0 88 .333 184.395 3.6879 F. D. Bone, lots 15,16, blk 26 Fairmount............... 50 88.333 184.395 3.6879 1. N. Winters Realty Co., lots 17, and 18, Blk 26, Fairmount 5 0 88.333 184.395 3.6879 J. N. Winters Realty Co., Lots 19, and 2 0, Blk 26, Fairmount ....... 50 88.333 184.395 3.6879 H. S. Broyles Jr. , Lts 21 and 22, Bk 26, Fairmount....... 50 88.333 184.395 3.6879 F. W. Broiles, lots 23 to 26, blk 26, Fairmount.... . .......... 100 176.666 268.790 3.6879 Clem Crim, lots 27, and 28, Blk 26, Fairmount........ 50 88.333 184.395 3.6879 Frank L. Hicks, Florance H. Pollock, Its 29 to 32 Bk 26, Fairmount 100 176.666 168.790 3.6879 Ft Worth Realty Company, Its 63 and 64 blk 27 Fairmount ........ 50 88.333 184.395 3.06879 Mrs. Alice Winters, It 61 and 62 blk 27, Fairmount ...... 50 88.333 184.395. 3.6879 G. 0. Clough , Its 59, and 60 Blk 27, Fairmount....... 50 88.333 184.395 3.6879 David Boaz, lots 57 and 58, Blk 27, Fairmount...... 50 8x'.333 184.395 3.6879 Fred Houle, lots 55, and 56, Blk 27, Fairmount.......50 88.333 184.395 3.6879 T. H. Fabian, lots 53, and 54, Blk 27, Fairmount....... 50 88.333 184.395 3.6879 J. N. Winters lots 49 to 52, Blk 27 Fairmount........ 100 176.666 368.790 3.6679 2lot 47 and 48, Ak 27 Fairmount.. ...... 50 88.333 184.395 3.6879 J. R. Griffin, lots 45 and 46, Blk 27, Fairmount........ 50 88.333 L84.395 3.6879 Mrs. Alice B. Winters, lots 39, and to 44 Blk 87, Fairmount........ 150 265.000 553.187 3.6879 S. W. Shaver, Lots 37 and 38 Blk 27 Fairmount.. ..... .... 50 88.333 184.395 3.6879 Jas. Polamd, Lots 33 to 36, blk 27, Fairmount. .......100 176.666; 368.790 3.6879 Total for propertyowners.. . ........ . 11,218.622 #23, 418.830 .. Total for City of Fort Worth.. ... 1,436.116 2,997.890 Total for Northern TexasTractionCc 2711.022 5, 9 65J� 42588 Grand . • . ' s That the amount set opposite the name of each a owner above, and his property is hereby assessed againstthe said property and declared to be the personal liability of the owner thereof, and secured by a lien upon the said prop- erty 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 r as follows, to-wit: _ In full, within thirty days after the completion of d the said improvement, in front of the property of such re- spective owner and acceptance thereof by the said city. _ 3 s 6 t That the said assessment shall bear interest from the date of the said completion and acceptance at the rate of V, 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 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 coutt having jurisdiction. 4 That if any of the said property owners, against whom and their property the assessment is hereby made, shall not pay in full when due the amount so assessed, then, that 7 i the City shall issue to the said Texas Bitulithie Company, the contractor for the said improvement, assignable certifi— cates against the owners of said property so failing to pay such assessments, and against their said property, which said certificates shall declare the said sums to be due and pay— able thirty days after completion and acceptance of said work, and shall be payable to the said Texas Bitulithie Company, 3 and shall state the amount due from each .property owner, and e hereby assessed against his property, and the rate of interest f i 0 thereon, herein fixed at eight per cent W) per annum, and u u each certificate shall recite and declare the fact that the 0 0 same is secured by a lien against the property of such 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 end 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 shall not be paid when due, then it shall be collectable with accrued interest, and with court costs and reasonable attorney's fees if same have been incurred, and shall recite the proceedin^s 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 fixing of the liens and personal liability, evidenced R A AM 8 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 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, r a 0 and shall provide that the Tax Collector shall deposit all sums recaived by him on said certificates with the City Treasurer and the said City Treasurer shall keep the same in a separate 0 fund, which fund is hereby designated as the FAIW00NT AVFNUF CERTIFICATE FUND N0.1 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 con— tractor or holder of such certificate, shall be entitled to re— ceive from the City Treasurer the amount so paid upon presenta— tion 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 con— tractor, and that such payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treas— urer, or by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, 9 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 there— of, 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, when— ever demanded by the said Company, or holder of said certifi— cates, fully exercise its charter power to enforce the lien u v securing the said certificate, and collect the same, but shall 0 not be liable in any manner for failure to so collect or en— force the lien thereof. 5 That the cost of said improvement in accordance with the terms of the said contract, between the rails and tracks and 18 inches on the outside thereof of the NORTHERN TEXAS TRACTION COMPANY, a Street Railway Company, occupying the said street, is hereby ascertained and determined to be the sum of 9 A—qA _ _._ : 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 cff 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 � 5 10 titles Whatever, except lawful advalorem taxes, which tax shall become delinquent if not paid in full within thirty days after the completion and acceptance of said improve- went by the City; and if the tax shall not then be paid, the same shall be enforced either by sale of the said prem- ises in the manner as near as possible as provided for the sale of property by the City of Fort Porth for advalorem 3 taxes, or the same may be enforced in any court having juris-. diction. 6 C � v u u That this ordinance shall take effect from an after a its passage. APPROVED A8 TO FORM, Corporation Cou e!, I hereby certify that the above and foregoing ordinance was duly presented and unanimously passed by the Board of Com- missioners of the City of Fort Worth at a session of said Board held Saturday April 15th,1911. City Secretary.