HomeMy WebLinkAboutOrdinance 121 i r
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Ar ORD 1T? A C F
Assessirg, a. portian of the cost of irapro ernent
on west Fiftoonth Street, in t110 City of Fort 71or-LIh, T;>>as,
bet,-ee i its intcrsocti cr, ;ri ;h tho cast line of Throclmort.on
St-re et and- its isYi crsec ti an ti i U., th pro�i line of Jennings
Avenue, against the owners of proporty abutting thereon and
their property,. ,anal., against t1ae Cit izens t Rail €�y . 'sight
Co{_rpa- y, a I corporation, ancL its proj�erty on Thirteenth St.,
in the City of Fort Worth, Teas, "botwreen it-s intersection
with the east line of lar1ar Street and its intersection with
the crest line of Rush Street, against_ the mners of property
abutting thereon and -their -p-ro-porty, and against the Citizens,
Railway 8- Dight C ori-ar_y, . a corporation, and its property, on
Elizabeth Street in the City. of Fort `;:'crth, Texas, betreen
its intersection with the east line of South l,lain Street and
its intersection rich the attest line of south Boaz Street,
against the owners of pro pe rty, abut tin t=tie ra on ani their "
property, anal against the 1):is.souri, Zansas 8^ iexcs Rail-mer
C ompan7, of Texas, a. corporation, and its pro perty , and
against the Houston & Texas Central Rai lvoay Conpar4y, a c or
po-ration, and its ,,)roperty and against t.1-le , Gulf, Col oraao
Sante. Fe Railway Company., a corporation, and its property;
and on mast Front Street, in the City of 2crrt "r�.th, Texas,
r
bet-„i3om its a?i er'zec tion x:1 h t:ae e,as li i ine 0f Chm.” elslIv,-. ., "
a
an its intersection -ai -th the .e^st Zine of south :�oaz Street,
against tl owners. of- property ahuttin., thereon an! their
pr0perty., and a,gairz t t3oe 71 o:L.there Texas, iracti on Com angry a
corporation, =d— its prq-,,erty, anc� providing for the collec-
tion
ollec tion of the said assn sent and the assignable certificates
evidencing the same . ' {
1
ties as required by the
_UY Charter, which contract
and bona-7, vr-' th the s-urotie,, throofl.zvc 'o(,,ell (lUlY (-4Pl)ro-7eCL
by the sai(I Qala ofd
L 'w
ant-
hereas i:ie re-
aftert the Cit-, Of SOJd C':l:,'_,Y fil-Od. hiS Written
L
S to rm,mt T7i th t ho 3 o cx c
11 Of C0rllYaiz;si Onea?S conce'llnirC 11-he said
0
in-provoment, arml co"It, yhol� Of as Ylrcvid
OCL by Section 89
Chapter of Cq-
LartOlr Of the waid Oity, which state-
Mel-Vi, was considered by she said Boexa, corrected acyl approv-
ed, and whereas Dlleroaf -,Ttlie W, Board CIICLII by resoln-
tion of d-ate, t're
_rloyo-fc4lI go,D9 find and
—7
declare thr necessity os assessir,,, a. portion Of Uh cost 0 0 t of
-6
said improve,.le:iA agnimst t' e arnerc of props Tr �L, ty abut till
thereon, and their propert:T, and .clid .prescribe a hoaxing to
the, s-_,i cl o vers, thoir n.,-,-ents and attorneys, ard fix -2,
;c,ny Of the said City to
therefor , and d-ir9, Ct tl'�-- City Socro- IL,
issuLO notice nf tul-to s,-,id herr L,-10. by 3 oi d-
v
ed by the saia City aTrl also by posting said notices
as therein provided,and. whereas, in accordamce with the Said
resolution the szlla Cii-,j 2iecretary dict issue a, rLot-lco Of the
saj-(l llearim,:3 to the said PrOl:,er-uy Mlnors 'by publication
t-!
, -,�e J_ u
of for tho tim and ill the MrLnor Prescribe(l by the
City Charter in "The Star-Talograms", a dt)-il ly paper of gencral
circulation in the Oil.-y of Fort -,,Torth, for five (5) co-:Isecu-
tive &:Lys prior to the maid hearing, and aLid also notify tile
ul
said. owners oi, the saia 2nZ I-L, maid
co-, y O_
notice, to each of tIur-ra ,-.-I 'fjle pos-of-ice iyl t, Ci4,Z?- of Fort
Worth, more t1laal ten (1-0) daTrs prior to the d,-�):[:e of tj-2 hear-
irl,-; and, whereas , tha said hearing, in sccoraLmca �t.,h the
said resolut-ion wil notice v,-as held by t!,0 ��onra of 0.oT
on the f 190,91. rat,
01clock
and, .j Lace no o,,-,,-(ners of
l4o_neriu .appeared to col,,Itest tTy-, S: jd - r
�gCSS4, e
_or
u or tl.m be n
M1
fits of said impro-roLent or any other m. ttor or thin- con-
nocted with :the sa ri irnprovemen't or any irregularity with
reference thereto except
ac1 the s ai d -1-,orso,-no avin- been he oxid and. the B oar d of
Oi"lri SiC3�k']" ' 11�T'1 i1v '1G�tr G! ovilence as to iam odd improve-
ant, aril the be"_,ief is thereof to the property of each of
tl-i;; odors mrad harem sx d hav-ing :E'ally considerod. the
said. evidence;
BE IT, TM-1�-.EFORE, TURT=R flRD UTED BY THE S+1ID
BOARD OF OOMKISSIO MS AS FOLLOTS, 'iO-£TIT;
FIRST : T23at the benefits to each pai°cel of prop-
erty of each owner hereinafter named, in the enhanced. value
of the said proporty exceed. in each ease, the amounts herein-
X, asUessed against such o;:Her s and their property. .end
t(-,,; -Do?rd having considered the evidem e,, and it appearing
t7 erfrom that the strict G7orlic ati on of til- front foot rale
or >1_ar. rher,-.IIby o.,:,.ch o nor is to be assessed. in proportion as
of his ;property is to tl-.he ,,hale fronta,.ge improved.,
Would be in particular cases ,injust and inegnita.bl.e, and not
ir. accordance wit ,^�'.^.�"ice s r oceiv'od, �'.1d fil7 'lo vhe� `C�p}�art!Q3l-
ment of the co u.u- c+f x,id improvo14en:t s betwoon propert7d- amo era
and tho, asses3' mon.tc h.eroinafter ra&e, vill effeet substantial
" eq,uality a:Lia jus-'-ice betwoen pro rorty oti�nQrs havirg in view
ber..efit s received. by and- burdons imposed on such om, lesrc. .
SEC,3172): That there is and shall be assessed aCaanst
each of -he orine-rs e,'f property ierein belts na,.2ed a--d against
-thy; several }parcels of pro=�.'e
i
n
t
Th of the said. ovrn rs d
The names a sa a an descriptions of
the property of each and the total amount in money hereby
assessed against each owner and his property being as follows,
to-wit:
Pa rng �4sse mapf of l oiler r O nr�erk xv lye
9. tl •� �"". �
i{t n
NaI1a ,: No.
��C,. $oa�de'�y�11I+�`!�;-•l�t'6 3 ' � .:�r.�,L'h�':.
>J D RarMer;�kr�lR �7ezikt k y
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F
rr d
1��,,.'hie If
✓I� m._ �$� I�L� L � �- �gyJ.y J� n1 f 1 1
`avingfAssessment1,of Eaizabeth Street, Prom,East Lirie�.pf',South,+I�Aaln
i u hyo 1Nest Carie, of Boas Sreet: G + *{ "
hp".*1`tPPa I�ts�
SnPX140 2O7tr ,6
1§9
gens 2hd 100 4. 20. 1200}*U r0
11Tr1 s'TSaQIe' 6 11 1r 2 82 Pt s r irp y '
2hfl 3 �»
2sa'E J .AT x9t ]3Daits 2nd 142 4.12 : y284 U.qV\ s
Up.,,W10,,1. 3.�D0.6tt s 2nd
oinner 8aLis
Ei BF.19F,QA
�nrd x v ^.� k r ' ' `216
All, a,_.Mlz t 2,`and 11
G It
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iJ od''8 Ira11E 1°blt• vP19-O&Pysgg� S w 1 Q
H iBld ".:1�C��.7.'�` 'OI�T1S'. ���y�
7
inub9c„It $ 45 It"BOAC
.f DCII df� hy ��n "BsWr.`4 hi J r,
's „
sn
X410TeG feat 41oz> � 0 }; 4 � OtOO
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ennddyWu h��
"-31,54t by 04a 6 Kennedy,O,
R.enhedy's y
d. Ft Bones 1, 9, Kim edy.'s
Mrd.lmE H 'M e1�� 4�It 9 Mgnnedy's . r�0 v,'
P�eFx�bk.
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ado .�p(}yyy98b; •
�. '�.a.;•Totals 'i �k.Ri�r ,a-ti. ��.�,� '�a�,�`+�",�>_
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That the amount set opposite the; name of each
owner above and his property is hereby assessed against the
property and declared to be the Personal liability of
the owner thereof, and secured by a lien upon the said prop,
arty aoperior to all other liens, claims or titles exees'pt
lawful tames; that the amounts payable by each owner, and
assessed agai m t his or her property above shall be payable
as follows, to- i.t:
In full within thirty (30) days after the comple-
tion
omple=tion of the said improvement in front of the property of each
respective owner and the acceptance thereOW by the said City .
THIRD: That the said as sesaent shall bear inter-.
est from the date of the slid completion and acceptance at
the rate of Right Per de a tum (8%) per annum and that if not
paid When dues, the said assessment and claim of personal
liability shall be en€orce& either by the sale of each prop.
erty by the officer and in the meaner as far as applicable,
as sales are authorised to be made for nonpayment of city
taxes, as preserSed by the City_ Charter and general laws, or
by snit to enforce the said claim of personal liability or
lien in any court having jurisdiction.
FOURTH: that if any of the said property owners
against Whom and whose property the assessment is hereby made,
shall not pay in fall When due, the amount so assessed, then
that the City shall issue to the said General Supply and Con-
stimetion Company, the contractor for the said improvement,
assignable certificates against the owners of said property
so failing to pay such assessments and against their said
property, with said certificates shall declare the said sums
to be due and payable upon the completion and acceptance of
the said work and shall be pqVable to the said General Supply
and Construction eompany, and shall state the amount due from
property owner, and hereby assessed against his Property,and
the rate of interest thereon, herein fixed at Eight Per cen-
tum (e) per annum, and each certificate shall recite and
declare the fact that the same are secured by a lien against
the property of such ower 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 name of
the caner, and if the owner is not known, and if the proper-
ty 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 not be paid when duet that it shall
be collectible with accrued interest and with court costs
and attorneys* fees, if the same have been incurred and
shall recite that the proceedings with reference to such im-
provement have been made in compliance With the teens of the
said Charter of the City of port Worth, and that all prere-
quisites to the fixing 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 the corporate seal . Said certi-
fieate shall provide that the- same shall be pVable to the
Tag Collector of the City, vfao shall issue his receipts for
payment thereon,which receipt shall be evidence of such pay-
ment on any demand for same further by virtue of the said
certificate or any independent contract to pay the same, en-
tered into by the owner thereof, and shall provide that the
Tag Collector shall deposit all sums received by him on said
certificates with the City and said City
shall keep the same in a separate fund, which fund is hereby
designated as
a;ncl that whenevc r any p ay-m nt shall be made to the Tax Col-
lector upon such certif irate, it shall be his duty upon
presentation by the said contractor or the holler thereof,
to endorse said payment thereon and that the said contractor
or holder of said certificate shall be enti ltled to receive
from said City Treasurer the amount so paid upon presenting
o= the said certificate, credited with the amount pai& there-
on, and that said endorsement and credit shall be the Tress-
urer's warrant for raking such payment to said contractor,
and that such pent by the Treasurer shall also be, receipt-
ed for by said holder in vrriting to said Treasurer or by the
surrender of said certificate when the principal thereof, to-
gether with accrued interest and cost cf collection shall be
-raid in fall . Such certificate shall also recite that the City
of Fort North shall not be liable for the payment thereof or
for any interest thereon, or f or the c ost of call,3cting and en-
forcing
nforcing the same, but that the said Company or holder thereof
shall have the right to collect baid certificates as therein
provided by the teras of the Charter of the City, and that the
City shall, whenever d.amadkea by said. Company or the holder of
said. cettificate, fully exercise its charter pourer to enforce
the lien securing said certificate and collect the same, but
shall not be liable in any manner for failure to so collect or
to enforce the Tion thezeof .
FIFTH: ',',Mat the oGam&, Ta-rino amogrt&4
tl a cost 4o trMa.atin.g-
novae& to be ItTrove4 hotw on the rails and tr a..r a 1,8 juoh0a
on tlao of
a aorporstinn oporatinL, a raj.lwa7 ovor ae, ppm of
der - .n; �t �
f
{ F tha !& 7707 `l loes horab7 Iev7 a
ca mit ora ti m¢ 4704 a gza ll=t t3*o road- d, tiaa�, railRo fft7t 0,
r`glits & franobisss ofcAtI Cao }firy, of w-d(I a imo t =4 doon
haroby &oola.'a tha m xd mm it be S c urod by a lion on- the
egVL rail coilpar,,y �rrsj4 t,h &ntq :n ro , �r or and gip_
amid tams here", &aageoed a?lj b,.Icom cine upon tho 003ap1,o.
tiOU Of tho 0&U i rovar:nnt by tho anal& Gemor&j ,Vly aid
=traat ion Q rmpo d its a w tame by the City of Fort
"Orth, fA if uOt paid rib.-#,.' ft0*} dIall ,in3aaodl at*Iy becam dei..
IL,iquont rd shall bo *nfcr saad ae iu the caoo of taxa o olloo-
t ion of t=sa under the Charter of tho City of Port 'Worth by
advor-bievnmt auncl sale o l tho said proporty rights VzI fra n-
ch to ear, hoxv in leva4 l That tho offlear M4lng ga0h, a
o'erl amnents t o 1,:ho pimbseer a dead o im:Ll x to the oma iati-►
gv-,O d wow EMPO-rt7 iZ r4o?d for &A value t'wme by the Citi'
n: Tart 17artht aml the r-�eital of tho said deed ti t all ;Iegaj
prv�rt qullg to a to the ynliait7 of- Sid filo bave b*off 0MV1104
with,, shal-I, be prima facie evidence to the tmthtthoraof =41
so eaaoeptod th,,�,at fvrthar proof or sa4 d tames az& lion MV
be snforoa& by the said General .1upply Co nstmet i on CoMAguW
or its assigns " suit In arq owixt bavirg SuriscliotIon.
p
a
SIXTH: That the said Board, 1mving ascertained
the cost of contracting imurovements upon .
earned to be improved between the rails and tracks and 18 inches
on the Outside thereof of the
a. cornor tion o era;ti 7
P n:. a railway over a portion of
sad to be the sum of
C? ee /.oaDollars( the ,aid Board does herebylevy vy a
special tax against the said `
a cor-oration., anal againet the road-bed, tins , rails, fixtures,
rights and franchises of said Company, of said amount sed does
hereby declare the said San to be secured by a, lien capon the
said road-bed, ties, rails, fixtures, rights and franchises
of said railway conrp&ny from the date hereof, prior mc, sup-
erior to all incumbrances thoroon except lafcfu l taxix; that
said taxes hereby assessed shall become due upon the comple..
tion of the said improvement by the said General Supply and
C ons tra ct ion C ompa zy and its acc ep tane a by the City of port
Torth, and if not paid when clue, shall immediately become de-•
lingren.t and shall be enforced as in the case of the collec-
tion of taxes uncler the Charter of the City of Fort Orth by
advertisement and sale of the said property rights and fran-
chises herein leviad on. That the officer making such sale
shall. execute to the purchaser a deed similar to the ome is-
sne►d when property is sold for ad valorem taxes by the City
Of 'Fort North, and tate recital. oar: -than sai-a dead. that all legal
prerequisites to the validity of WAd sale have been complied
with, shall be prima facie evidence to the tra.th-tthereof and.
so accepted without farther proof or said tares and lion may
be enforced by the said General Supply ca Co nstra ct ion Company
or its assigns by suit in any court having jurisdiction.
uy
T,
N.
z
(010/ S=Tg: That the said Board, having ascertained
the cost of constructing improvements upon
named to be improved between t e rails and tracks and 18 inches
co
on the outside thereof of th
a corporation operating a railway over a portion of
C Ll said to be the sum of
Dollars( .Id ) , the said Board does hereby levy a
o
special tax against the sai
a corporation, and against the road.-bei, ties, rails, fixtures,
rights ancl franchises of said Company, of said amount and does
hereby declare the said sum to be secured by a lien upon the
said road-bed, ties, rails, fixtures, rights and f-ranahises:
of said railway company from the date hereof, prior and sup-
erior to all in umbrances thereon except lawful taxdx; that:
said taxes hereby assessed shall become due upon the comple.,
tion of the said improvement by the said General Supply and
Constraetion Company and its acceptance by the City of Fort',
Worth, and if not paid when clue, shall immediately become de..y
lingaeut and shall be enforced as in the case of the collec-
tion of taxes under the Charter of the City of Fort Worth by
advertisement and sale of the said property rights and fran-
chis,es herein levied on. That the officer, ,king such sale
shall execute to the pu.rebaser a deed similar to the, one is-
sued when property is sold for ad valorem taxes by the City
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 tru.thtthereof and
so accepted without further proof or said taxes and lien may
be enforced by the said. General Supply & Construction Company
or its assigns by suit in any court having jurisdiction.
k
EIGHTH-That the paid Board, having; ascortaire(I the
z.�
cost of o cros trac ti ng imp ro vee nt s 'Upon
naned to be improved between the rails "cl tracks ate. in.
on the outsides thereat of the
Q ..�
a corporation operating a ra flwav ager a p ort ion of
s d�
to be the sMM Ofeel
/oo Dolly , the said B4O&rd does hereby levy a
Special tam again st the said ,
r ,
a corporationaid agadnsat the road--beds, ties, FIs, fixture s,
rights and franchises of sai d Company, of said amount mcl does
hereby declare tbW said sum to be see-or ei by a lion upon the
said road-bed, ties, Tails, fixtures, rights and franahieoai
of add railvay Conparq from the date bar-)'of. prior and oup
*TiOr to all Incambranoes thereon except lel tares; that
said tars hereby assessed Shall become dyne upon the Comple
tion of the said improvemont by the said Gmeralply =d
Construction Company and its acceptawo by the City of Fort
larthl and if not paid w nn due, shall mediately bQoo do-
linquent amil ahall be enforced as in tis Case of the collea.
tion of taxes under the Charter of the Ci ter of Fart Worth by
advent is ement arA wale of the said property rights and fran-
ohiees herein levied on. That the officer matin suoh salo
shall execute to the pvre ba ser a do ed. s filar to t be one in-
mod whon property is Sold for ad valorem taxes by the Ci,tq
Of Fort north, and the recital of the said deed t ha.t all
legal prereqnisite3 to tho valiclif.7 of said Salo have boon
Complied Frith, shall be prima facie evidence to the truth there.
of and so aeoepted without further proof or Said taxes and-
lion
ndlien m` be onf orced by tie said Gmeral SUITIy & Construoticm
Company or its as %no by snit in spy ecart havii3g Juris&ictl:on .
I:
a' r
NINTH; That the said Beard, having ascertained th
r
cost of constructing improverants upon
named to be i*pproved between the rails an racks ane: 18 in.
on the outside thereof' of theauJ�cxsT'�
It
a corporation operating a, railway over a portion of
o be the aum. o f
17olla ) r the said Board does hereby levy a:
special tea against the sadla� e�l
a1
a corporation, and against the road-beds, ties, rails, fixtures,
rights and franchises of said. Company, of said amount and does
hereby declare thw said sum to be secured by a lien upon the
said road-bed, ti®s, rails, fixtures, rights and franchi"s
of said railway company from the date hereof, prior and sup-
ort*r to all incumbrances thereon except lawful taxes;. that
saicl taxes hereby assessed shall become due upon the comple-
tion of the said improvement by the said General Supply and
Conaltruction Company and its acceptame by the City of port
Worth. and if not paid When due'. shall immediately become de-
linquent incl. shall be enforced as in the case of the collecs
ti.on of taxes under the Charter of the City of Fort 'Worth by
advertisement and stale of the said property rights and frau-
mhises herein Levied on. That the officer making such sale e
shall execute to the purchaser a deed similar to the one is.
sued when pros-erty is sold for ad valorem taxes by the City
of Fort Werth, 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 awidenae to the truth there.
of ane so accepted without fu=Fther proof or said taxes and
lien may be enforced by the said Ganeral Supply & Construction
Company or its assigns by suit in any court having jurisdiction.
TMITH: That the said Board,having ascertained the
cost of constructing improvements upon �
named to be improved between rails and tracks and 18 in,
on the outside thereof of th
- .
a corporation operating a railway over a portion of
sa i ", ,-be the sump a
foo Dollars($ L� g�� ) , e said Board does hereby levy a
spec ial tag arainat the said
a corporation, and against the road-beds, tis, rails, fixtures,
rights and franchises of said CbmpwLy, of said amount and does
hereby road-bed, ties, rails, fixtures, rights and franchises
of said railway campany from the date hereof, prior and super
eri or to all incumbrances thereon except lawful taxes; that
said taxes hereby assessed shall become due upon the comple-
tion of the said improvengnt by the said General Supply and
Construction Company and its acceptanee by the City of Fort
Worth, and if not paid when due, shall immediately become de-
linquent and shall be enforced as in the case of the collec-
tion of taxes under the Charter of the City of Fort Worth by
advertisement and sale of the said property rights and fran-
chises herein levied on. That the officer making such sale
shall execute to the purchaser a deed similar to the one is-
sued when property is sold for ad valorem tars by the City
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 themof and so
accepted without further proof or said taxes and lien may be
enforced by the said General Supply & ConstruPtion 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
d�xl�r Presented and unanimously passed by the Board of Commissioners of tip
Citi of Fort Worth at a session of said Board held Tuesday September 28th
1909.
Cit�r ,S cretary.
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