HomeMy WebLinkAboutOrdinance 314 FORM No. 14
AN ORDINANCE.
Assessing a portion of the cost of improvement on---Hemphill Street,in the City of Fort
Worth,Texas, between its intersection with the_BOuth_Jine of_P§AA4 ly !_a_,.TVt, and
its intersection with theng�..th line ofa8nSL111:< z3>I�__.+ t ,against the owners
of property abutting thereon, and their property.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH,
,0111 TEXAS, That: a
WHEREAS,On the. _w_day of....,�L�� ., 191..42, the Board of Commissioners of
the said City directed the improvement of ....._ e. . 1.............._........................._........Street between its intersec-
venue
tion with the 894th_._-.1ine of__penn_U1_K with its intersection with the_4Q:tr1_....1ine
ofMia npl_13 A_y_en1i,9—Stsest, 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 ulit 'c Company, a corporation,for the improvement of the.......a
........_....-...........-......__._.. _...j..�t3e�t, as accepted by said Board of Commissioners;and,
WHEREAS, Thi s id Tex itulithic Company has entered into a contract with the City of Fort
Worth, as provide the 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 founda dild,
WHEREAS, The s d Comps 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 Board, corrected and
approved; and,
WJIEREAS,Thereafter the said Board d' ,b esolution of date,the , _day of......_
19L?_, find and declare the necessity of se ng a portion of the cost of said improvements skainat
the owners of the property abutting ther n,and theirerty,and did prescribe a hearing of the said
owners,their attorneys,and agents,and fie a date ---
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 saidsolution, a 'ty Secretary did issue a notice of the
said hearing to the said property owners by publication a 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 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 t ng;and,
WHEREAS, The said hearing inpa dance :itl e a' r ution and notice was held by the
Board of Commissioners on the Q.. . _rday of_ �_ ..,.�.... 1 ...._. ....., atm o'clock a. in.,
atwhich time and place ................-.......--------.....----..----.----.-----------------..............-------_-------..-------- -- -------- ------..............---------.---__.._......................._.............--
s
owners of property,appeared to protest the d assessment, and the benefits of said improvement con-
nected 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 cost of 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:
. y
PAVING ASSESSMENT FOR HEMPHILL STREET FROM THE
SOUTH PROPERTY LINE OF PENNSYLVA`IA AVENUE TO THF NORTH
PROPERTY LINE OF ZAGNOLIA AVET USE.
_�--- �- -- -- -- - -- - _--. r ate
Name _ . 10-t _ bIk _ addition ___jrntg_ gj yds cost ,Rex ft
R.J.Roberson. N 1001 2 5 College-Hill 100 133. 333 257.46$3.574 6
J.E.White. S 501 2 5 " " 50 61.666 128.73 "
Minnie R, Logsdon.N
501of 3 5 " " 50 61.666 128.73 "
J.F.Shelton.Mid 501 of3 5 " " 50 61.666 128.73 "
W.H.Hart. S 501of 3 5 " " 50 61.666 128.73 "
A.C.Garrett. 1 6 Grainger's 50 61.666 128.73
Fred Houle. 2 6 " 50 61.666 128.73 "
W.I.Brokaw Est. 3 6 " 50 61.666 128.73. "
Sarah O'Fiel 4 6 " 50 61. 666 128.73 "
Lloyd Bowman. 5 &6 6 6 " 100 12".397 27%
Mrs. MA.Stafford -
N 44'of 1 5 " 44 57.200 119.41-2.7138
S:T. Ble sing. 2 & S 6'of 1 5 " 44 57.200 119.41 "
M;T.Hill. 3 5 " 50 65.000 135.69 "
G.B.Kane. 4 5 " 50 65.000 135.69 "
Mar * Estes. 5 5 " 50 65.000 135.69 "
W.0 Neal 6 5 " 50 65,000 135.69 "
Glen Walker.8-9-10 6 College-Hill 150 115.000 407.07 "
M.F.Barnett. 7 6 " 50 65,000 135.69 "
w.H.Haat. B 6 " 50 65.000 135.69 "
Mrs. I.R. Austin
501of 4 11 " 50 66.742 139.28 2.7856
Bryce.N 501of S 751
of 4 11 " 50 66.722 139.28 "
Edgar Kerr.
of 4
NNt of3
11 "• 100 133.444 27&:56 "
P.G.Becker. S 501of 3 11 " 50 66:722 139,28 "
Fr'tz 6traughn 1 4 Graingerts 50 66.722 139.26 "
P.H.Rover. 2 4 " 50 66.722 139.28 "
M.T.Hill. 3 4 " 50 66.722 139.28 "
SL.Samuels. 4 4 " 50 66.722 139.88 "
Yxaf Lizzie M.Rei11F-5 4 " 50 66.722 139.28 "
Lill Is H.Harrison. 6 4 " 120 167.1 348.88 2.9074
S.Rot sk y. N 10610f W 1001
of 10 31.(T) Field Retch 106 123.313 257.42 2.4284
N.E.Rubin- S 59-2/31of
1001of 9 1Q & W 3 (T) " 225 261.750 546.40 "
Lula Jameson. N 631of W 212
of Lot E 3 Bertha Harmon's Sub
of Blk 3-Field Welch
63 73.290 152.99
Bars. L.R,Link.S 201 of W 212'of
Lot E & N 421 of W " 62 70.955 148.12 2.3890
"2121 of F 3
H.P.Lowe & Bros.S 411 of F & N 31' ".
of G 3 " 62 70.955 148.12
C.C.McMichael. S 621of 17 1061of G B-3 " 62 70.955 148.13 "
A.A.Ripy. H 3 " 83 94.988 198.29 "
R.L.Carr. 1 3 " 164 187.688 391.60 "
T.S.Walker.Pt of 58 4 Park sub of
Bl 4 Field welch 110 109.660 228.9,3 2.0811
T,3.Yarbrough 57 4 " 50 58.1665 121.42 2.4284
Estelle Floyd 56 4 " 50 58.166 121.42 "
D.B.McFar land. 55 4 " 50 58.166 121.43
Mrs. L.D.Lee. 53-54 4 " 100 116.333 242.84 "
Edward Coopman. 52 4 " 50 58.166 121.42 "
Annie S.Haley 51 4 " 50 58.166 121.42 "
Mrs. M.E.Albright. 50 4 " 50 57.222 119.45 2.3890
A.S.O'Neal. 49 4 " 50 57.222 119.45 "
"Irs. C.E.Barber. 40 4 " 50 57.222 119.45 "
" "
L.$Davis& :Ire.S.Sheik .Lokj$7 50 57.222 119.4550 57.222 119.45 "
L.Wood. 46 4 "
M'B.Hax is 43-44 45 4 " 1$4 171.666 358.35 "
R.B-organ. 1-2 A Ray's Sub Blk 18
Field '7elch 50 55.000 114.81 2.296 a
Mrs. Pocahontas Cooper. It
3-4 A " 50 55.000 114.81
W.M.Rude Is m% 5-6 A Ray's Sub of Blk 18 50 55.000 $114.81 3.2965'
Field welch
W.M.Hudelson. 7-8 " " " 50 55.000 114.81
Mrs. Irene Elliott. 9-10 " " " 50 55.000 114.81
G.F.Shadia. 11-13 " " " 50 552000 114.81 "
M.K.Mayor. 13-14 " " " 50 55.000 114.81 "
L.0.Everitt 15-16 " " " 50 55.000 114.81 "
Robt Addie. 1 " Glendale Sub of Blk
17 Field Welch 66-2/3
73.337 53.
J.A.Bennett. 2 & R 40'of 3 A " " 90 99.000 206.66
J.F.8t an le. 5 & 4 & S 10'of 3 A 11 " 110 551.000 253.59 "
J.C.Smit &J.T.Do 1ph Lot 6 A " " 50 55.000 114.81 "
J.B.Cummings. 7 A " " 66-2/373.337 153.09
M.Laskin. 1 D " " 66-2/3
69.633 145.31 1802
Mrs. Mary J. Wait. 2 D " " 50 52.282 109.01
2.1808
F.J.Stangle. 3 D " " 50 52/222 109.01 "
S.B.Huff. 4 D " " 50 79.444 165.84
3.3188
J.J.Parker. 5 & 6 D " " 100 158.888 331.68 "
Ropke & Hamann 7 D " 66-2/3
105.931 281.13 "
W.C.& H.F.Lackoy-11-12-13-14
15-16 C Wray's Sub of Blk
18 Field Welch 150 238,333 497.52 "
Herman Strube 9 & 10 C " " 50 79.444 165.84 "
M.J.Tierney 7-8 C " " 50 52,222 109.01
2.1862
A.J.Boa$. 5-8 C " " 50 53.222 109.01 "
a.180a
E1 izabotih Talbot. 3 & 4 C " " 50 52.822 109.01 "'
J..L Crenshaw 1 & 2 C " " 50 109.01
TOTAL FOR pROpERTY OWNERS ...... ...7,070.191 14749.20
TOTAL FOR CITY OF FORT WORTH....... .. 961.a75 2,006.66
TOTAL FOR A.TEXAS T.C0. ... .... ..... .bll_822,11,505.94
GRAND TOTAL.. . .. ... . . . . # 13,543.288 $$.,271.80
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
jOw' 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 and 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 own4froeach
d perty so failing to pay such assessments,and against their said property,
which said certiI eclare the said sums to be due and payable thirty days after completion
and acceptance ork, an shall be payable to the said Texas Bitulithic Company,and shall state
the amount due p e owner, and hereby assessed against his property, and the rate of
interest thereon, herein ' e t eigher cent (81%) per annum, and each certificate shall recite and
declare the fact that th ams isp,�,,erkrreby a lien against the property of such owner, and per�nal
liability of the owner, and shatsuch property by number and block,or such other descriptionas may identify the same wiq other fact recited, and by the name of the owner and
if the owner is not known, or if the p e"owned by an estate, it will be sufficient to so state the
fact.
Said certificates shall provide It1� he a o t therein declared shall not be paid when due,
then it shall be collectible with accrued ilit;�the
d with court costa, and reasonable attorney's fees,if
same have been incurred, and shall r 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 perao liability, evidenced by such certificates,
have been performed. Said certificates shall a executed a Mayor and attested by the City Seo-
retary with the corporate seal. Said certificates shall o 'deat the same shall be payable to the
Tax Collector of the City, who shall issue his recei or paym hereon, which receipts shall be
evidence of such payment, on any demand for same by virt of 'd certificate, or any independ-
ent contract to pay the same, entered into by the owner h shall provide that the Tax Col-
lector shall deposit all sums received by him on said certifi t with the L ty Treasurer and the said
City,Treasurer shall eep the same in a separate fund, which fund 3s hereby designated as the.+......._.,
�_ ... CERTIFICATE FUND No.—and th$t wheneve ny ayment may be made
to the Tax Collector upon such certificate, it shall be his duty upon pr ntaei(�lithe said contractor,
or the holder thereof, to endorse said payment thereon, and that the for 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 coat 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.
Ordinance No.314.
I hereby certify that the above and fore going ordinance was duly
presented and unanimously passed and adopted by the Board of Commissioners
o + the City of Fort Worth at a session of said Board held Tuesday June
1lth,1912.
City Secretary. s