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HomeMy WebLinkAboutOrdinance 215 R ORDINANCE NO. An ordinance assessinga iation of the cost of rovement on p �P Ellis Avenuefiu the City of Pt.Oorth. Texas, from the North property line of let 20, Block 79 to the South property line of lot 16 in Block 78, against the owners of property abutting therson and their property= and against the Northern Texan TPfttixm CdopoW, a earporatime; ane! fts posporty9 unk ani prm idioap far the collection of said assessment and the assignable certificates evidencing the same. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PT.WORTHs THATs WHEREAS, on the 21st, day of February, 1911, the Board of Oosaissioners of the said City by resolution directed the improvement of Ellin Avenue from the North property line of Lot 20 in Block 79, to the South property line of lot 16 in Block 78, by raining, filling, grading and paving the sames and whereas, in accordance with the said resolution, specifications for said work was duly prepared by the said Board, and whereas, bids for the said improvement were duly advertised for as pmYsAsndxft ro*drod by the City Charter and whereas, said bids were received, opened and acusidered by the Board of Commissioners, and the bid of the General Construction Co., a corporation, for the improvement of said street was aeoeptedby said Board of Commissioners; and whereas,the said Company has entered into contract with the City of Pt.worth, as provided by the Charter for the improvement of said street within said limits by raising, grading and filling the ease, and by pining the name with Vitrified Brick pavenent upon a 5 inch gravel concrete bases and whereas, the said Company executed -its bond to the City of Pt.forth, for the maintenance of the said improvement and for the construction thereof in accordance with said contrast and specifications, with sureties as pmeostAsi required by the said City Charter, with contract and bond with the sureties thereof having been duly approved by the said Board of Cls mi smioneres and whereas. thereafter, the City Engineer of said City filed t&a written sst+asnt with the Heard of Qosnissionere concerning the said imppw"ments. and Va oast thereof as provided by Iectlon-W, M pbsD-Uif, of the Charter of said City, which statement was considered by said Board, corrected and appv}d, sbereas, thereafter. the said Board did by resolution of date the ? 1911, find and declare the necessity of assessing a portion of the cost of said improvements against the owners of property abutting ther their property, and did prosoribe a hearing to the said owners, their agents attorneys, and fix a date therefor, and direct the City Secretary of the said to issue notice of the said hearing by advertisement as provided by the said City Charter and also by posting said notices therein provided, and whereas, in accordamt- with the said resolution the said City Secretary did issue a notice of the said hearing to the said property owners by the publication for the time and in the manner proscribed by the City Charter JOAStar-lelegtamP. a daily paper of general circulation in the City of Ft.Wortt, for five(5) consecutive daysprior to the said hearing by posting a copy of the said notice to each of thea at the post office in the City of Ft.Worth, tore thaf tea (10) days prior to the date of the hearingt and whereas, the said hearing in accordance with the said resolution and notice,t^ was held by the Board of Commissioners on the 11th, day of April 1911, at 9 AJI. at which time and place no owners of property appeared to contest the said assessment or the benefits of said improvements or any other matter or thing mated-with 'Ms Md inPrReWnt reference thereto# BE IT,THEREME,FURTHER ORDAINED BY THE BOARD OF COMSSIONRRS AS FOLLOWS, TO-WIT= MSTt That the benefits to seek parcel of property of each owner hereinafter named, in the embanced value of the said property will emceed, in each case, the amounts hereinafter assessed against sseh ownern and their property, and it appearing therefrom the strict application of the front foot rule or plan whereby each owner is to be assessed in proportion ai the frontage of his property is to the whole frontage impreved,would be in partisnlar eases unjust and imequiiteble, and not in accordance with benefits roceived,and that ord t¢�. Hsseas.v.enrls the apportionment of the cost of said improvement between property owwrsAAeroiaafter ride# will effect substantial *quality and justice between property owners having in view benefits received by and bardens imposed on each owners6 SECONDS That there is and shall be assessed against saoh of the owners of property herein below named and against the several parcels of property of the said owners herein below discribed an their proper pro rata part of the cost of the said improvement the several suns of money not opposite, the names of the said owners and their ptaperty. The names of the said owners and discriptisns of the property of each and AA the total amount is money hero1W assessed against each owner and his property being as follows, to-Witt PAYING ASS BN N FOR ELLIS AVENUE. FROM NORTH PROPERTY LINE OF LOT 20 IN BLOCK 78. TO THE SOUTH LINE OF LOT 16 IN BLOCK TB.. Rate per Nazis. Lot. Block. Addition. Frontage. Sq.Yda. Cest.front foot. Exchange Natl. Bank. 1 N M.G.Ellis.Sub 28 126.431 0260.45".5017 Mrs E.Hewitt. 20 79 No.Ft.Rorth, 5o 158.888 286.11 5.7221 P.Regan. 21 79 .. 50 138.888 286.11 5.7221 P.ReggBa. 22 79 ,. 60 166.666 543.35 5.7221 Mrs D.A.Horn 12 78 „ 60 176.666 363.93 6.0655 Mrs D.A.Horn. 13 78 .. 50 147.222 305.28 6.0655 Mrs E.Bewitt. 14 78 of 50 147.222 S03.28 6.0655 Alex Bowers. N 102-15 78 to 25 73.611 151.64 6.0655 C.H.Helley. 8 1/2-15 78 „ 25 73.611 151.64 6.0655 P.J.Singer. 16 78 „ 50 Total for Proyperty Owners. W. IRA Total for Citof Pt.Werth. 0o 1640.58 Total for Northern Texas Traction Co. iW al6 Grand Total. Z2,99531 " 4.7'1 That the +*awom* set,-appeo to Abf name of essR 4MWWo above aud-W- property is hereby assessed against the said property and declared to be the personal liability of the owner thereof, and assured by a lien upen the said property sarperier to all other liens, claim or titles except lawful taxes= that the amounts payable by each owner and assessed against his or her property above shall be payable as fellows, toy-witt In full within thirty (30) days after completion of the said improvement in front of the property of each respea;tive owner and the acceptance thereof by the said City. THIRDS That the said assessment shall bear intereotnof the said completion and acceptance at the rate of Light per centum (8%) per annum and that it not paid when due.the said assessient and claim of personal liability shall be enforced i�eatits either by sale of such property by the officer and in the manner as for as applicable, as sales are authorised is 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 court having jurisdiction. FOURTHt That if any of the said property owners against whom and whose property the assessment is hereby made. shall not pay in full when due the amount so assessed.then that the City shall issue to the said General Construction Co. the contractor for the said improvement,assignable certificates against the owner of said property so�fai.ling to pay such assessmsnts and against their said property, whish 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 Construction Co, and shall state the amount due from the property owner, and hereby assessed against his proporty,and the rate of interest thereon,hersin fixed at eight per centus (8f) per annum.and east. eertifieate shall reeito and declare the fast that the sane are secured by a lies against the poverty of such owner and the personal liability of sash owner. and shall describe such property by number and block or by saoh other disoription kkst as say identify the same with reference to any other fact recited and by the name of the owner.and if the owner is not knew, and if the property is owned by an estate it will be sufficient to so state the fact. Said certificate shall provide that if the amount herein declared shall net be paid when due.that it shall be collectible with aecrudd interest and with court costs and attorney's fees. if the same have been incurred and shall recite that the proceedings with reference to each improvement have been made in zranbb=sm compliance with the terms of the said Charter of the City of Pt.worth, and that all presegnisites to the fixing of the liens and personal liability evidenced by such certificates have been parfermed. Said certificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said eerUr1oatWA shall provNeX that the same shall be payable to the Tax Collector of the City, who shall tome- V­reVWtrt fir peyment 'tRerm . vdh1&r r*eelvt`.idhITI 'he evidence of such payment or any demand for same further by virtmNA of the said certificate or any independert contract to pay the same, entered into by the owner thereof, and shall provide$ that the Tax Collector shall deposit all sums received bpi his on said certificates with the City Treasurer and said City Treasurer shall keep the same in a separate fund, which find is hereby designated as Alis Avenue , Special Certificate Fund No 1. and that when— ever any payment shall 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 the said contractor or holder of said certificate shall be entitled to receive from said City Treasurer the amount so paid(peen presenting of the said certifionto,credited with the ameurt paid thereen,;'and that said endorsenent and credit shall be the Treasurefe warrant for making such payment to *aid contractor, and that such payment by the Treasurer shall also be reeeipted for by said holder in writing to said Tr"rer er by the surrender of said certificate when the principal thereof, together with accrued interest and east of collection shall be paid is fyll. Such certificate shall also recite that the City of Pt.North shall net be liable for the payement thereof of atyr interest thereon, or for the cost of collecting and enforcing the same,but that said company or holder thereof shall have the right to collect said certificates as therein provided by the terms of the Charter of the City, and that the City shall, whenever demamded by said company or the holder of said certificates fully exercises( its Charter power to enforce the lien securing said certificates and collect the same, but shall not be liable in any manner far failure to so collect or to sWforce the lien thereof. FIFTH. That the said Board, having ascertained the cost of eenstruetin` improvements upon Ellis Avenue, from the North Property line of lot 7A, Blook 79, tp the South property lilf of Lot 16, of Block 78, named to be imprevod between the rails and tracks and IS inches on the outside thereof of the Aorthern Texas Traction Ce, a corporation, operating a street railway ever a portion of said Ellie Avenue, to be the sins of Three Hundred and 14 Seventy One * !!/100, Dollars, (f571.14),the said Board does hereby levy a special tax against the said Northern Texas Traction Company, a corporation, and against the roadbed, ties, rails, fixtures, rights and franchise# of said Company, of said amount and does hereby declare the said sum to be aecur . by a lien upon the said roadbed, tieeV rails, fixtures. rights and franchises of 4raM said railwayr.00mpary Soma the date thereof.prior and superior to all i umbrsneaa thereon except lawf4il taxes; that said taxes hereby assessed shall become due aeon the cospletice of said improvement by the said General Construction Company and its acceptance by the City of P't.Werth, and if net paid when due.shall immediately become delinquent zxxtmxlkxxum and shall be enforeced as in the case of the collection of taxes under the Charter of the City of Pt.Werth, tsy advertisement and sale of the said prorarty rights and franchises herein livied on. That the officer making such sale shall execute for the purehamber a d"d similar to the one issued when property in sold for ad valorem P taxes by the City of Pt Abrth, and the recital of the said deed that all I=% legal prerequisites to the validity of said sale having bees complied with, shall be prima facie evidence to the truth thereof and so accepted without further proof or said taxes and lim may be enforced by the said General Construction Company or its assigns by suit in any court having Jurisdiction. Seventh. That this ordinance shall take effect from and after its papeage. 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 Saturday April 18th,1911.. C ty cretary.