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HomeMy WebLinkAboutOrdinance 715 f esrtw No.7a AN ORDINANCE r _ ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON-..PZT=.SI[I'J±H.....................STREET, IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE-_1UT..... LINE OF...GALAESTM...AIMUE................-..-..]9(1 4 AND ITS INTERSECTION WITH THE..IAST--.-.-_... LINE OF__....ST_LOU1S_.A.T1Z .................._..AGAINST THE OWNERS OF PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS,On the.....__...16#,lt..........day of...Dikaenber................. 191.9....., the Board of Commissioners of the said City directed the improvement of_..t!1lar...ftkth _....Street between its intersec- tion with the._3%Atr._.._Jine of-MaTB@.t,4a...Aym=e._.*Wmttwith its line. of_At.._44!!s_ATeaut------------Sbmm# 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 s ere received, opened and considered by the Board of Commissioners, and the bid of the Tex., ex. itaitt 'c Company, a corporation, for the improvement of the said portion of said Street, was ce t y said Board of Commissioners; and, WHEREA T s i Texa&Bitulithic Company has entered into a contract with the City of Fort Worth, as provid b he C e , for the improvement of said street, within the said limits by rais- ing, grading,and filling the , and by paving the same with Bitulithic pavement upon a five-inch gravel concrete foundat' ; nd, WHEREAS, The ' Company ha executed its bonds to the City of Fort Worth for the construc- tion and maintenance thereof, in c a ce with the said contract, and specifications, with surety as required by the said City Cha r hi contract and bonds with the surety thereof, have been duly approved by the said Board mission ;and, WHEREAS, Thereafter, he City gi a of said City filed his written statement with the Board of Commissioners concerning the sai e ents, and the cost thereof, as provided by Section 8, Chapter 14, of the Charter of the it is statement was considered by the Board, corrected and approved; and, WHEREAS,Thereafter the said rd did y solution of date,the_..._211t tday of.....April..........-.......... 192a.-.., find and declare the necessity of as ss- a portion of the cost of said improvements-against the owners of the property abutting the n nd owner,,of street and steam railways thereon and their property and did prescribe a hearin the sai ers, their attorneys, and agents, and fixed a date therefor and did direct the said Se ary o t said City to issue notice of the said hearing by advertisement, as provided by the said City er, an also by posting said notices as provided therein; and, WHEREAS, In accordance with the said resolution, a it Secretary did issue a notice of the said hearing to the said owners by publication the or a time and in the manner prescribed by the City Charter, in.....Fott--_Horth..Hecard-_...._..__ -----------_.......a dai aper of general circulation in the City of Fort Worth, for five (5) consecutive days peri r to the s ' ring,and did also notify the said owners of the said hearing by posting a copy of the said notice o them, at the post office,in the City of Fort Worth,Texas, more than ten days prior to th a o t earing;and, WHEREAS, The said hearing in accordance with the solutio d notice was held by the Board of Commissioners on the...._.___._._.____day of.............................._......... 1 atwhich time and place----.............-........................................-. .................................. ._..... _.......... ... ... ........................ .............I.......-------......._-......-------.-...... . owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. wit NOW, THEREFORE, Be it further ordained by the said Board of Commissioners, as follows, to- (1) That the benefits to each parcel of abutting property of each owner hereinafter named in the enhanced value of said property exceed in each case the amounts hereinafter assessed against such owners and their property, and the said Board having considered the evidence and it appearing there- from 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 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. That there essed operty hereinbelow named,)and against the several 1parecelssof property sof said och of wners hereinbelowe owners of ting d scribed as her proper po ata 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 name of 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: Now y Pride Contraot Awardeds Jan. 13-1980 Payment- : 3,13 Contractor: Texas Bitulithio Co. Rook Emmation. 3.50 Pavement: Bitulithio. Earth Excavation- .85 Curb- .60 (April 17-1830) (cutter- ,30 PAYING AS^r S" IMT r^,F, j*v-TgY1TF? 4TREFT, MOM THE 1FEC'T Mr- 0 G YMCA AlEE, TO THE fA1QT LINE OF STlamaRATE PMt TOTAL 08 l IR 1 Maud Brown (a widow) t 3 TUMMtg 97 #6.6779 $RA9.76 John Partin 3 3 9 99 6.7552 668.75 Etaily H. Brashear (widow) 5 6 • 100 6.6778 667.77 i I 1.0. Neal, CA. Neal 1 6 1 100 8.7553 675.53 Total for Property --��=--__�- 2�eb8.80 Total for City of Fort Worth--- 138.00 .Y Grand Total-------_,,..,,.,,.-----$2.797.80 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 three equal instalments, one payable within 30 days after the date of completion of said work and its aceceptance by the City, one within one year, and one within two years from said date of ac- _ ceptance, provided that said owners shall have the right to discharge any instalment before maturity by payment thereof with accrued interest. That default in the payment of any instalment of principal or interest upon said assessments when due as herein provided shall, at the option of said Texas Bitulithic Company or other legal owner and holder of said assessments, at once mature the whole amount thereof,both principal and interest,which shall at once become collectible without notice. (3) That the said assessments shall bear interest from the date of the said completion and accept- ance at the rate of 8 per cent per annum,payable annually,and if not paid when due the said assessment and claim of personal liability shall be enforced, either by the sale of-sue eperty Uy the officer and. in the manner,as far as applicable,as sales are authorized,to 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. (4) That the City shall issue to the said Texas Bitulithic Company, the contractor for the said improvement, assignable certificates against the owners of said property, and against their said prop- erty,which said certific shall declare the said sums to be due and payable in instalments as herein provided after comp io�t�a d acceptance of said work,and shall be payable to the said Texas Bitulithic Company, and to t amount due from each property owner, and hereby assessed against his property, and t e mtere�ea hereon, herein fixed at eight per cent (8%) per annum,and each cer- F tificate shall reci an eclare ct thtthesame is secured by a lien against the property of such owner, and personal liabili o owner, and shall describe such property., by number and block, or such other description mefy iden ' the same with reference to any other fact recited, and by the name of the owner an he owner 's t known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall p i hat if the mount therein declared or any instalment of principal or in- terest thereof shall not be pa when due,, the whole amount thereof shall be collectible with accrued interest, and with court costs, and reaso a torney's fees, if same have been incurred, and shall recite the proceedings with referen e terms, provements have been made in compliance with the terms thereof and the charter of the Ci 6f"F Wort , and that all pre-requisites to the fixing of the liens and personal liability, evidenced by cert' s, have been, performed. Said certificates shall be executed by the Mayor and attested by the it ecretary with the corporate seal. Said certificates shalt provide that the same shall be payable to a ax Collectqr�of the City, who shall issue his receipts for payment thereon, which receipts shall be i nee of4 u5 Skfpayment, on any demand for same by virtue of the said certificate, or any independent contract X pay the same, entered into by the owner of property therein described, and shall provide bh he Tao ctor shall deposit all sums received by him on said certificates with the City Treasurer and th ami ity Treasurer shall keep the same in a separate fund, which fund is hereby designated as e��.�Pe. r...Smith...ahrert........._........._............................. CERTIFICATE FUND No ___..._, and that whenev4,afiy paymer*Vay be made to the Tax Collector upon such certificate, it shall be his duty on presentation W t ^id contractor, or the holder thereof, to endorse said payment thereon, and the con c or', r holder of such certificate, shall be entitled to receive from the City Treasurer the a paid upon presentation of the said certificate, credited with the amount paid thereon, and at said enSl6r')sment and credits shall be the Treasurer's warrant for making such payment to the paid coiitfacOr, and that such a payment by the Treasurer shall also be receipted for by the said holder �ing to said Treasurer, or by the surrender of said certificate, when the principal thereof, toge r wit cc a interest and cost of collection, shall be paid in full. That said certificates may be issued,w' p hereto attached evi- dencing the several instalments of principal and interest thereof, wh c c pons shall be executed and attested by the Mayor and City Secretary as are said certificates undet tlieterms hereof,but the sig- natures of said Mayor and City Secretary attached to said coupons may be facsimile signatures stamped, engraved or printed thereon. Upon payment of any instalment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. 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 cost 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 demanded 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. 1 hereby certify that the above and foregoing Ordinance was duly presented, pace ed and adopted by the Board of Commissioners of the City of Fort Worth, Texas,at a Regular session of said Board ge d April 27th, A. D. 1920. James Liston, Jr. City Secretary. � w �' 1 �. .._.__.�.-.,,_o _. .� y �' �� ! 1 4 "� 4 � .. , S.e: