HomeMy WebLinkAboutOrdinance 115 s
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ASSESSING " PORTI-'_ nF ''-'IF COST OF 7 PROVA'?,";". ' nN
BELKII A,P STREET F'::.:" THE .!7T LINE nF RUSK "T :;FT TC THE
EAST LINE OF H '.1PTO;' TREET, ' :p '.Lb STREET ".' ITS
TLTERSECTIO': WITH THE NORTH LINE nF BELKNAP STREET TO
THE NORTH LIN ' F PEACH "TREET, PEACH STRL'I:'T FROG• 'Tu
INTERSECTION WITH THE EAST LINE OF ELM STREET TO THE
EAST LINE OF S":.DUELS AVEI,,', , ` L— C 111'UELS 1VENI7F. FRCI,
THE NORTH LINE OF PEACH CTREFT TO POINT 0' ' HUNInn–
(IOC ) FEET NORTH OF THE J. J. "T'ODY PROPERTY, ALL IN THE
CITY OF FORT `." RTH, AG-ks;;ST VE n"'1 ::RS OF PROPERTY AEL'TTING
THEREON AND THEIR PROPERTY .'.' „ AGAINST THE NORTHERN TEX'.S
TRACTION COMPANY, h CORPORATI`.':, Ac'?? ITS PROPERTY, °ND
PROVIDING FOR THE COLLECTI"119 ()F TH- ".4ID ASSESSI, 1'I:T
THE ASSIGNABLE CERTIFICATES EVI 1':',CING THE -.
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BF IT 0Ri3A1Xj,_2 BY THE B„ 1.,. OF COB'- T"SIn"FRS OF THE
CITY OF FORT WORTH, THAT:
WHEREAS on the day of
the Board of commissioners of said City, by resoluti n .,Art'cti.d
the improvement of Belknap Street the East line of Rusk
Street to the East line of FIanptci Street, .z I Elm Street from
Its intersection with the NortY lire f Belknap Strec-t to the
forth line of Peach :'tt _ t, Pe-ich ctr t ,from its int rsectlon
with the E, zt line of Eln `._af. Fast line f lu
Avenue, and Samuels Avenue frog^ th�- 14 r"h line of Pfach Str•t
to i, point one hundred (100 ) fc Nor .I of the J. T. `,�ody
Property, by raising, "I lling, 7�• Iin:S an ' --wing the s-re . r l
installing concrete gutters th-r- on; and wh-reas, in aceord�-lnce
with said resolution, p °cifie s °' ti work were duly
pe�pared by the =- id :id. .n , .'Ph .,ads, fog, 1_ ' r -.•q
were duly adv raised for s . y tt, City CY Tt i:•;
where,,,-.-, riid ".`ids 7:_ru rcn'v , open -d _. . c n -1 df- 'd
2Y
Board of Commissioners, and the bid of the Texas Bitulithic Company,
A corporation, for the impro •----ent of s=aid uti•eets was ac,; rted by
said Board of Commissioners; and where s, th, said Company h•�..- r_:t� red
into a contract with the City of Fort Worth, as provided by the
Chartor, for the improvement of said streets within said limit-,
by raising, grading and filling the same, and by paving same with
Bitulithic Pavement upon a five-inch gravel concrete base with con-
crete curbs along curb lines and concre' ou'tars 24 inches wide;
and whereas, the said Company has executed its bona to the @ity of
F rt Worth for the iztenance of the said improverent and for the
construction thereof in accordance with said contract and specifica-
tions, with sureties as required by the said city Charter, which
cont=act and bonds with the sureties thereof have been duly approved
by the said Board of commissioners; ani whereas, thereafter, the 9ity
Engineer of said City file.? ` i.s written statement with 'Ie B^n:rd
of Commissioners concerning the said improvement, and the cost
thereof as provided by Section 8, Ghapter XIV of the Charts- of
the said City, which statement was considered by the said Board,
eorrec.ted and approved# and vhereas, thereafter, the said :?'add
did, by resolution of date the jday of , 1909, find
and declare the necessity of assessing a portion bf the cost of said
improvement against the owners of property abutting thereon, and their
property, and did prescribe a hearing to the said owners, their agrnts
and attorneys, fix a date therefor, _UI-I :?11~eot tILe Cii.W v®
of the said City to issue notice of the said hey ring by adve_-As, ,;ent
as provided by the said City Charter and also by posting said notices
as therein provtided, and whereas, in accordance With the said revolu-
tion, the laic: City Secretary lid issue a notice of the said hearing
to the said property ovmers by publication thereof for the time and
in the manner prescribed by the City CI.arter in "The Star-Telegram.,"
a daily paper of general circulation in thn City of Fort Forth, for
five (5) consecutive
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days prior to the said hearing, and did also notify the said
owners of the said hearing :)y posting a Copy of the said
notice to each of them at the postoffice in the City of Fort
Worth, more than ten (10) days prior to the date of the hear-
ing; and, whereas, the said hearing, in accordance with the
said resolution and notice, was held by the Hoard of Oom-
missioners on the �`__ day of , 1909, at 10 o'clock
A. M. , at which time and place no owners of property appeared
to contest the said assessment or the benefits of said im-
provement or any other matter or thing connected with the
said improvement or any irregularity with reference thereto
except A. P*, Gorman who 9141med that the price for paving was too
high, and that while he had signed a contract for same, he underttood
that pucb n ying woul-�„be done by th^O�ty,and at a rate ►aL chewer
t,# that char ed b t B ttilithio 0 m^
anche said t� son haneen hear8 and theoard of Com-
missioners having heard evidence as to the said improvement,
and the benefits thereof to the property of each of the
owners named herein and having fully considered the said
evidence;
BE IT, THEREFORE, VURTHER ORDAINED BY THE SAID BOARD
OF COLLUISSIONERS AS FOLLOWS, TO-WITS
FIRSTS That the benefits to each parcel of property
of each owner hereinafter named, in the enhanced value of
the said properv,;= exeeed in each te .7,1 nt,!R ""r r-
after assessed against such owners, and their property.
And the Board having considered the evidence, and it arrear-
Ing therefrom that the strict application of the front foot
rule or plan whereby each owner is to be assessed in propor-
tion as the frontage of his property is to the whole frontage
improved, would be in particular oases unjust and inequitable,
and not in accordance with benefits reoeivedi and that the
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apportionment of the cost of said imrpovements between property
owners and the assessments hereinafter made, will effect eub-
stantial equality and justice between property owners having
In view benefits- received by and burdens imposed on such
owners.
SECONDS That there is and shall be assessed against
each of the owners of property herein below named and
against the several parcels of property of the said owners
herein below described as their proper pro rate part of
the cost of the said improvement the several sums of money
set opposite the names of the said owners and their said
property.
The names of the said owners and description of the
property of each and the total amount In money hereby
assessed a-ainst each otimer and his property being as
follows, to-wit:
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That the amount set opposite the name of each oMner
above and his property is hereby assessed against the said
property and declared to be the personal liability of the
owner thereof, and seoured 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-wits
In full thirty (30) days after the oompletion of the
said improvement in front of the property of each respec-
tive owner and the acceptance thereof by the said 8ity.
Zai. IRDt That the said aseeesment shall bear interest
'from the date of the said completion and acceptance at the
rate of Bight Per centum (6%) per annum and that if not
paid when due, the said assessment and Olaim of personal
liability shall be enforced either by the sale of such
property by the officer and in the manner as far as arpli-
cable, as sales are authorized to be made for nonpayment
of city taxes, as prescribed by the Oity Charter and
general laws, or by suit to. enforce the said claim of
personal liability or lien in any court having 3uriesdio-
tion,
Fps That if any of the said property owners
against whom and whose property the Pasessment is hereby,
made, shall not pay in full when due, the amount so assessed,
then that the City shall issue to the said Texas Bitnlithic
Company, the oontractor for the s,3d improvement, assignable
certificates 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
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due and payable .upon the comrletion and acceptance of the
said work and shall be payable to the said 'texas Ditulithic
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 Per centum ( )
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 recited and by the nate of the owner,-, and if
the owner is not !moan, and if the property is owned by an
estate, it will be sufficient to so Atate the fact. Said
certificate shall provide that if the amount therein declared
shall not be Paid when due, that 1t shall be collectible with
accrued interest and with court costs and attorneys$ fees,if
the same 'have been incurred and shall recite that the proceed-
ings with reference to such improvement have been made in com-
plianoe with the tome of the said Charter of the City of Hort
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
'Aayor end attested by the City Secretam with the corporate
seal. Said oerti.ficates shall provide that the same shall be
nayaable to the Tax Collector of the City, who sh- .Yl issue his
receipts for payment thereon, which recei.nt shall be evidence
of ouch pa;:ient on any demand for same further by virtue of
the said certificate 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 and said City
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L SeqreksaV shall keep the same in a separate fund, vhich fund
Is hereby daa ,,:.ted as " Bel_lgiapi RIM and Pea4h ,"trctet3 Asad
Samuels Avenue Special Oertificate
No. 1," and that -whenever any pa=ent shall be made to the
Tax Collector upon such certificate, it shjkll be his duty
upon presentation by the said contractor or the holder thereof,
to endorse said payment thereon and that the said contractor
or holder of said certificate shall be entitled to receive
from said City 'treasurer the amount so paid upon presenting
of the said Certificate, credited with the amount paid thereon,
' and that said endorsement and credit shall be the Treasurer's
warrant for making such payment to said contractor, and that
such payment by the Treasurer shall also be reoeipted for by
said holder in writing to said Tre4ourer or by the surrender
of said certificate vhen the princiral thereof, tor;eLher with
accrued interest and cost of oolleeV on shall be paid in full.
Such certificate 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 and enforcing the name,
but that the or-Ad Company or holder thereof shall have the right
to collect said certificates as therel m provided by the terms
of the Ctharter of the City, and that the City shall, whenever
r demanded by said Oumpany or the holder of said oartificate,
fully exercise its charter power to enforce the lion securiog
said certificate and collect the sem,€a, but sh^.11 not be 71,:ble
in any manner for failure to so collect any certificate or to
enforce the lion thereof.
i'1� That the said Board, having ascertained the
cost of conntructinr, improvements upon said street naned to
be ^roved between the rails and tracks and 18 inches on
the outside thereof of the Northern Texas Traction Company#
a corporation operating a street railway over a portion of
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the said street$ to be the sum of
Dollars ] /, ' ), the said Board does hereby levy a
special tax against the said Northern Texas `fraction Company,
a corporation, and against the road-bed, ties, rails, fixtures,
rights and franchises of said Oompany, of said amount and does
hereby declare the said sum to be secured by a lien upon the
Maid road-bed, ties, rails, fixtures, rights and franchises
df said railway company from the date hereof, prior and
MII'P or^ or tP all incumbrances thereon except lawful taxes;
*at. sai4 ,taxes hereby assessed shall become due upon the
Oompl$tico of the said improvement by the said Texas Bitulithic
4ompany and its acceptance by the City of Bort Worth, 'and if
dot paid when duep shall immediately become delinquent and shall
be enforced as in the case of the collection of taxes under the
Charter of the (pity of Yort forth by advertisement and sale
of the said property rights and franchises herein levied on.
,7hat the officer making such sale shall execute to the purchaser
a deed similar to the one issued when property is sold for
''ad valorem taxes by the pity of Fort Worth, and the recital
of the said deed that all legal prerequisites to the validity
of said sale have been complied with, shall be prima facie
evidence to the truth thereof and so accepted without further
proof or said taxes and lien may be enforced by the said Texas
Bitulithic Company or its assigns by suit in any court having
jurisdiction.
SIXTH: 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 lsxmtx
Com.issioners of the City of Fort Worth at a sessi n of said
730ard held Wednesday September let,1909.
City g
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