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HomeMy WebLinkAboutOrdinance 315 r s 1 ; f FORM No. 14 r AN ORDINANCE. Assessing a portion of the cost of improvement on,•_3Egepth_Avenue.. —MMM in the City of Fort Worth,Texas, between its intersection with the-oP lineof..aPe11138y1v8n?la_A. } t, and its intersection with the north _,_line of against the owners of property abutting thereon, and their property. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS,On the_ th _day of .DecRo!e ___N 19_12, the Board of Commissioners of the said City directed the improvement of between its intersec- T Avenue tion with the..etg__._line ofaeY1 � 8kreet with its interaction with the91;t�.h__..._line of Truitt __ Street,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 h Company, a corporation,for the improvement of the....e! >Ad^street ............................ ...__.. t t as accepted by said Board of Commissioners;and, WHEREAS, s d 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 t sa , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete founda ' n-' • nd, WHEREAS, The s d Comps a 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 ommissio s 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 it h' state ent was considered by the Boar corrected and approved; and, WHEREAS,Thereafter the said Board d' b esolution of date ..day of 191Y..-_, find and declare the necessity of se ng a portion of the cost of said imp ements against the owners of the property abutting Cher n, nd their rty,and did prescribe a ring of the said owners,their attorneys,and agents,and fi a date a 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 said r solution, 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 (b) consecutive days prior to aid hearin d didalso 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 th ar g; and, WHEREAS, The said hearing in accordance with t lution and notice was held by the Board of Commissioners the &ndd of_.._Ju a 9, .. o'clock a. m., at which time and place. .�. � ,�s�--..,... -- - r - - - ,....>_.._......._........ ------------_.... ............_ .............-- ._................................................... ........._.......... owners of property,appeared to protest the said assessment, and the benefits of said improvement con- nected with the improvement of said---SBY.enth_Ap.emus--------Areet. NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as Tdl o",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 nameSof 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: PAVING ASSES-MENT FOR SEVENTH AVENUE, FROM THE SOUTH PROPERTY LINE OF PENNSYLVA171A AVENUE TO THE HQ.TH jjgLjj TY.LINE OX_XMITT STREET. Rate Name &ot tion Fntz sa Y a frost per Winfield Scott Est Part of 7 Grandview 291 514.100 $1073.1843.6769 T.B.Owens 1 1 " 140 347.333 516.31 " Sidney L.Samuele 20 1 " 140 247.333 516.31 " TOTAL FOR PROPERTY OWNERS....1008.766-2,105.80 TOTAL FOR CITY OF FORT W. .35s 093 73.36 GRAND TOTAL,........ ...1043.859-2,179.06 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 of each respective owner and acceptance thereof by the said city. (8) 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 persona)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 own4froeaFchp perty so failing to pay such assessments,and against their said property, which said certi1 eclare the said sums to be due and payable thirty days after completion and acceptanceork, an shall be payable to the said Texas Bitulithic Company,and shall state the amount dqee owner, and hereby assessed against his property, and the rate of interest thereon, herein eigh er cent (8%) per annum, and each certificate shall recite and declare the fact that ths s e by alien against the property of such owner, and personal liability of the owner, and shal aib such property by number and block,or such other description as may identify the same wi ference 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 a ' the a ou t therein declared shall not be paid when due, then it shall be collectible with accrued inter with court costs, and reasonable attorney's fees, if same have been incurred, and shall re the proc ngs with reference to such improvements have been made in compliance with the ter therepra 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� executed t Mayor and attested by the City Sec- retary with the corporate seal. Said certificates shall o ' e at the same shall be payable to the Tax Collector of the City, who shall issue his recei or payme 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 ownert�h shall provide that the Tax Col- lector shall deposit all sums received by him on said certifi t with Treasurer and the said r hall keep the same m a separate fund, which fun#-1 reby designated as the—.— �i� _...... CERTIFICATE FUND No.�-�-,and thfr\t�ieneveny ayment may be made to the Tax Collector upon such certificate, it shall be his duty upon pr n i b the said contractor, or the holder thereof, to endorse said payment thereon, and that the �o for or holder of such cer- tificate, shall be entitled to receive from the City Treasurer the amou 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 wtitiAg 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. 1%N1 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 coat 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. qMw Ordinance No.315. I hereby certify that the above and fore going Ordinance was duly presented and unanimously passed by the Board of Commissioners of the City of Fort Worth at a sesd on of said Board held Saturday June 22nd,1912. Cita► Secretary.