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HomeMy WebLinkAboutOrdinance 414 O R D I N A N C E N 0. AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT OP TERRELL AVENUE ?ROK EAST PROPERTY LINE OF HENDERSON STREET TO WEST PROPERTY LINE OF ALSTON AVENUE, AGAINST THE' OMTTRS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COi&ISSIONERS OF THE CITY OF FORT 7ORTH, THAT: WMREAS, on the 20th day of January, 1914, the Board of Commissioners of said City directed the improvement of Terrell Avenue, from the east line of Henderson Street to the west line of Alston Avenue, by raising, filling, grading and paving the same, and WH='REAS, in accordance with said resolution, specifications for said work were duly prepared by the City Engineer, and adopted by said Board of Commissioners, and WHEREAS, bids for said improvement were duly advertised for, as required by the City Charter, and WREERTAS, said bids were received, opened and considered by the Board of Commissioners, and the bid of the General Construction Company, a corporation, for the improvement of the said Terrell Avenue, was adopted by the said Board of 0ommissioners, and WHEREAS, the said General Construction Company has entered into contract with the City of Fort Worth, as provided by the Charter, for the improvement of the said street, within the said limits, by ratai.ng, and filling, and by paving the same with two and one-half Vertical Fiber Bric , and WHEREAS, the said Company has executed its bonds to the City of Fort Worth for the construction thereof, in accordance with the said contract and specifications, with such surety as is required by the said City Charter, which contract and bonds, with the surety thereof, have been duly approved 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 improvement, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of said City, which statement was considered by the said Board, corrected and approved, and WHEREAS, thereafter the said Board did, by resolution of date, the 14th day of April, 1914, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of 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 Secretary of 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 VMREAS, in accordance with said resolution, the said City Secretary did issue a notice of the said hearing to the said property owners by publioatien thereof, for the time and in the manner prescribed by the City Charter in the Fort Worth Record, a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the safd heeding, ani did else 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 :aid hearing, in accordance with the said resolution and notice, was held by the Board of Commissioners on the 21st day of April, 1914, at 9 0folook, a.m., at which time and place the following owners of property appeared to protest the said tnpxrxxmsai: assessment, and the benefits of said improvement connected with the I - prevement of the said TERRFLL A',mNUE: NOW, THEREFORE BE IT FURTHER ORDAINED BY THE SAID BOARD OF COZ1ISSIO1MRS AS FOLLOWS. TO-WIT: 1. 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 ass- essed 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 partioular, and that the apportionment and assessment hereinafter made will effect substantial *quality and justice between property owners, having in view benefits received azi by and burdens impesed upon auoh owners, and said apportionment is hereby adopted. 2. That there is, and shall be, assessed against each awnas of the owners of propperty hereinbelow named, and against the several parcels of property of the said owners here- inbolow mamas described, as their proper pro-rata part of the cost of the said im- provements, the several sums of money set opposite the names of the said owners and their property. The names of the said owners, and desori tion of the property of each, and the total amount in money hereby assessed againN each one, and his property, being as follows, to-wit: APRIL 6th-1914. PAVING ASSESSMENT FOR TERRELL AVEVUE, FROM EAST LI141E9OF HENDERSON STREET TO WEST LINE OF ALSTON AVENUE. CONTRACT TO GENERAL CONSTRUCTION COMPANY FOR 2JII VERTICAL FIBRE BRICK AT $1.89 PER SQ.YD.--AND CONCRETE GUTTER AT 159 PER SQ. FOOT. RATE COST COST PER OF OF FNT. TOTAL A M SIX, ADDITIONG. PAN. UT OT COST E.E. Wright- ,E.15.8' of--- 32 7 FIELD-WELCH 15.8 35.67 2.37 $2.4075 38,04 Lou Sue Moore- 1 • 7 It it 98.0 221.24 14.70 " 235.94 A.W. Terrell-46 &47 6 TERRELL'S SUB WELCH 103* 233.66 15.52 " 249.18 E.3*' 45 6 " J.G. Terrell Est. E. 76j, of--- 45 6 " J.C. Terrell Est. HOMESTEAD (Unplatted) " J.C. Terrell Est. 42 & 43 6 " It if It Est. W. 23.9' of---41 6 " 344.4 657.11 51.66 " 708.77 A.W. Terrell Est.64 5 SHELMIRE'S SUB OF FIELD WELCH- 102. 254.90 15.30 2.6490 270.20 .I.M.Richardson 39 5 " 162 254.90 15.30 " 270.20 John F.R an- W. 16j' of---- 6 9 AUG. MALE'S SUB. -OF COLLEGE HILL 16* 41.23 2.47 " 43,70 Mrs.W,R.Parker 7 9 " if 64.3 160.68 9.65 " 170.33 O.E. Haddock 8 9 ° it 64.3 160.68 9.65 " 170.33 J.Y. Burke 9 9 " " 64.3 160.68 9.65 " 170.33 �,W. Montague E.10:8' of----10 9 " " 10.8 26.99 1.62 " 28.61 Board of Education of Methodist Episcopal Church- 10 Acres, more or less of Sarah G.Jen- ninge Survey, & bounded on S. by Ter- rell Ave. ; on W. by Henderson; on N. by Cannon, and on E. by College Ave.- also known as Block 12, COLLEGE HILL 580 1309.35 87.00 " 1396.35 City of Fort Worth-- 257.35 257.35 1569.9 234.a0 $3774.44 $4009.33 TOTAL FOR PROPERTY OWNERS--$3751.98 Is If CITY FORT WORTH--- 257.35 GRAND TOTAL----------$4009.33 t That the amount not opposite the name of each owner above, and his property is Fereby assessed against the said property, and declared to be the 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 amounts 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 assessment shall bear interest from the date of the said completion and acceptance at the rate of eight (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 manner, as far as applicable, as sales are authorised to be made for nonpayment 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 court having ,jurisdiction. 4. That if any of the said property owners, against whom or whose property the ass- essment is hereby made, shall not pay in full when due, the amount so assessed, then, that the City shall issue to the said General Construotion Company, the contractor for the said improvement, assignable certificates against the owners of said property so failingg to pay such assessments, and against their said property, which said certificates shall declare the said sums to be due and payable upon the completion and acceptance of the said work, and shall be payable to the said General Construotion 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 (8) per cent per annum, and each certificate shall recite and declare the fact that the same are secured by a lien against the property of such owner, and the personal liability of such owner, and shall describe such property by number and block, or by such other description as may identify the same with reference to any other fact reoited, and by the name of the owner, and if the owner is not known and 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 herein declared shall not be paid when due, that it shall be collectible with accrued interest, and with court costs and attorney's fees, if same have been inourred, and shall recite that the presoodiwgs with reference to such improvements have been made in compliance with the terms of the said contract of the City of Fort Worth, and that all prerequisites to the fixing of the liens and personal liability, evidenced by such certificates, have been performed. Said certificates shall be executed by the Mayor and attested by the City Secretary with 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 ree&ppta shall be evidence of such payment on any demand for same by virtue of the said oortifieate, or any independent contract to pay the same entered into by the owner thereof, and shall provide that the Tax Collector shall deposit all sums received by him on said certificates with the City Treasurer and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the TERRGLL AVENUE SPECIAL IMPROV^MENT FUND NO. 1, and that whenever any payment shall be made to the Tax Collector, it shall be his duty upon presentation by the said contractor, or other holder thereof, to endorse said payment thereon, and that the said contractor or holder of such certificate shall be entitled to receive from the said City Treasurer. the amount so paid, upon the presentation of the said oortifieate, credited with the amount paid thereon, and that said endorsement and credit shall be the Treasurer's warrant for making such payment to the said contractor. and that such 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 oertifioate, when the principal thereof, together with all acorued interest and cost of collection, shall be paid in full. Said oertifioptes shall also recite that the City of Fort Worth shall net by liable for the payment thereof or for any interest thereon, or for the cost of collecting or enforcing the 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 Werth shall, whenever demanded by the said Company, or holder of said certificates, fully exercise its Charter powers to enforce the lien seouring said certificates, and oolleot 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. 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 the 21st day of April, 1914. City Secretary.