Loading...
HomeMy WebLinkAboutOrdinance 415 O R D I N A N C E N 0. AN ORDINANCE REASSESSING A PORTION OF THE COST OF IMPROVEMENT OF SOUTH BOAZ STREET FROM THE SOUTH PROPERTY LINE OF EAST FRONT STREET TO THE SOUTH PROPERTY LINE OF HENRIETTA STREET, AGAINST THE OWNERS OF PROPERTY ABUTTING THEREON AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, THAT: WHEREAS, on the 25th day of June, 1909, the Board of Commissioners of said City directed the improvement of South Boar Street from the south line of East Front Street to the south line of Henrietta 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 said Board of Commissioners, and WHEREAS, bids for said improvement were duly advertised for, as re- quired by the City Charter, and WHEREAS, said bids were received, opened and considered by the Board of Commissioners, and the bid of the General Construction Compariyp for the Improvement of the said South Boaz Street, was adopted by the six Board of Commissioners, and WHEREAS, the said General Construction Company has entered into con- tract with the City of Fort Worth, as provided by the Charter, for the im- provement of the said street, within the said limits, by raising, grading and filling, and by paving the same with Vitrified Brick, 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 VMEREAS, 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 ofsaid City, which statement was considered by the said Board, corrected and approved, and WHEREAS, thereafter the said Board did, by resolution of date, the 18th day of April, 1914, find and declare the necessity of reassessing 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 WHEREAS, in accordance with said resolution, the said City Secretary did issue a notice of the said hearing to the said property owners by lublioation 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 Worthm for five (5) consecutive days prior to the said hearing, and did also notify the said owners bf the said hearing, by post- ing a copy of the said notice to each of them at the Post Office, in the Cityo of Fort Worth, Texas, more than ten days prior to the date of the hearing, and WHEREAS, the said hearing, in accordance with the said resolution and notice, was held by the Board of Commissioners on the 29th day of April, 1914, at 9 o'clock, a.m., at which time and place the following owners of property appeared to protest the said reassessment, and the benefits of said improvement connected with the improvement of the said vOUTH BOAZ STt 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 enhanced value of said property exceed in each case the amounts hereinafter reassessed against such owners and their property. And the said Board having considered the evidence and it appearing therefrom the the striot application of the front foot rule or plan whereby each owner is to be reassessed in proportion as the frontage of his property is to the whole frontage improved, would operate unjustly in particular, and that the apportionment and reassessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens imposed upon such owners, and the said reapport- ionment is hereby adopted. 2. That there is and shall be reassessed against each of the owners of property hereinbelow named, and against the several parcels of property of the said owners hereinbelow desatibed, 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 names of the said owners and description of the property of each, and the total amount in money hereby reassessed against each one, and his property, being as follows, to-wit: NAMES OF PROPERTY OMMR8 HNOMt T. OF PWP. FRC11`i" P%%T A�.� Wm. Creswell ) Susan C. Creswell ) Eugene H. Haden Lot 43, Morris & Edgar A. Haden Bass Addition to Mrs. Ida Hamilton ) Ft. Worth, Texas, 50 $123.71 $2.4742 Joe Hamilton ) Mrs. Lillie Baines ) W. J. Baines ) Katherine Call, minor ) Madeline Call, minor ) Lots 39 & 40, George Call, minor ) Morris & Bass Martin Call, minor ) Addition to Fort M. M. Lydon, guardian ) Worth, Texas, 100 $246.28 $2.4828 That the amount set opposite the name of each owner above, and his property is hereby reassessed 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, ex- oept lawful takes; that the amounts payable by each owner, and reassessed against his or her property, above, shall be payable as follows, to-wit: In full within thirty days after the completion of the said Improve- ment in front of the property of each respective owner and acceptance thereof by the said City, 3. That the reassessment 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 reassessment and claim of personal liability shall be enforced, either by sale of such property by the officer and in the manner as far as applicable, as sales are authorized to be made for nonpayment of City Taxes, as precribed 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 reassessment is hereby made, shall not pay in full when due, the amount so reassesedd, then, that the City shall issue to the said General Construction Company, the contractor for the said improvement, assignable oertifieates against the owners of said property so failing to pay such reassessments, 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 Construction Company, and shall state the amount due from each property owner and hereby reassessed 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 suoh owner, and shall describe such property by number and block, or by such other description as may identify the same with r8fer- ence to any other fact recited, and by the nave 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 amounts herein declared shall not be paid when due, that it shall be collectible with accrued interest, and with comrt costs and attorney's fees, if same have been in- curred, and shall recite that the proceedings with reference to such im- provements have been made in compliance with the terms of the said con- tract of the City of Fort Worth, and that all prerequisites to the fix- ing 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 receipts shall be evidence of such payment on any demand for same 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 Yax 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 sp ate fund, which fund is hereby doeignated as the SOMH BOA2 STREET SPECIAL IMPROVEMENT 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 certificate, 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 hmlder in writing to the said Treasurer, or by the surrender of the said certi- ficate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. Said 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 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 Worth shall, whenever demanded by the said company, or holder of said certificates, fully exercise its Charter powers to enforce the lien securing said certificates, and collect the same, but shall not be liable in any mannre to failure to so collect or enforce the lien thereof. b. 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 29th day of April, 1914. City Secretary. 70;-