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HomeMy WebLinkAboutOrdinance 221 ORDINANCE NO. An ordinance assessing a portion of the cost of improvement on North Main Street, in. the-City of Ft.Worth, Texas between its intersection with the Frisco Railroad tracks and its intersection with the South property line of Central .Avenue, against.the owners of _property.,abutting thereon and their property; and agai*st the Northern Texas Traction Co, a corporation, and its property, and against the Frisoe Railroad Co, a corporation, and its property., and. providixg for the collection of the said assessment and the assignable certificates evideneing the same. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORM THAT t WHEREAS. an the 25th. day of June IM, the Board of Commissioners of said City by resolution directed the improvement of Nortb Main Street between its intersection with the Frisco Railroad tracks and its itter— section with the North line of 25th,3treet, by raising, filling, grading and paving same; and whereas,in accordance with said resolution, specifica— tions for said work were duly prepared by the said Board., and whereas, bids for said improvement were duly advertised for as required by the City Charter,and whereas, said bids were received, opened and considered by the Board of Commissioners, and the bid of the General Supply and Construction Company.a corporation . for the improvement of said Street was accepted by said Board of Commissioners; and whereas, the said Company has entered into contract with the City of Ft.Worth, as provided by the Charter, for the improvement of said Street within said limits by raising, grading and filling the same, and by paving same with vitrified brick pavement upon a five inch concrete base; and whereas, the said Company has executed its bond to the. City of Ft.Worth for the maintenance p t and for thecoructio _ nordance With improvement -n- thereof in ae - o rovemen, the said , . nst._ said contract and specifications, with sureties as required by the said City Charter, with contract and bond with the sureties thereof have been duly approved by the said Board of Commissioners; and whereas, after making of said contract and the said approval of same and after an assessment of the cost of improving said street from -where the Frisco Railroad crosses the same Northward to Twenty fifth Street had been approved by the said Board of Commissioners, a change was made in that Part of said North Main Street,''from Central Avenue to Southward to where the Frisco Railroad crosses said North I&in Stree{ by the removal of the car track= of the Citizen Railway Company; and whereas, said change was made without the consent of the said General Supplv andCons+ruction Company, and caused `he proportion of the costs of improvement to be paid by the abutting property owners to be increased over and above the assessment originally and heretofore made for the cost of improvement against property abu+ting cn North Idain Street between Twenty Fifth Street and where the Frisco Railroad crosses North Main Street; and whereas, by resolution of the Board of Commissioners passed on the 4th, day of April 1911, the reassessment was ordered to be made and a statement prepared as provided in Section 3,Chapter XIV, of the City Charter, of that part of forth Main Street between Central Avenue and where the Frisco tracks cross same to the end that there might be no question of the legality of the assessment against abutting property owners and their property of the extra and additional proportion of the cost of improvement of said street on account of said change made by the removal of the track aforesaid of the Citizen Railway Company; and whereas, thereafter the City Fngineer of said City filed his written statement with the Board of Commissioners concerning the said improvments, and the cost thereof as provided by the Charter of said City, which statement was considered by the said Board, corrected and approved, and whereas, thereafter the said Board did, by resolution of daire of the 11th, day of April 1911, find and declare the necessity of assessing a portion of the cost of said improvement against the owners of property abutting thereon,and their property, and did prescribe a hearing to the said owners, their agents and attorneys, and fix a date therefor, and direct the 'City Secretary of the 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 therein provided, and whereas, in accordance with the said resolution the said City Secreiary did issue a notice of the said hearing to the said property owners by publication thereof for the time and in the manner prescribed by the City Charter in 'The Star-Telegram." a_daily paper of general circulation in 'he City of Ft.North, for five (5) consecutive days prior to the said hearing by posting a copy of the said notice to each_ of them at the Post Office in the City of Fort forth, more that taa (10) 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 .2aday of *A.,- 1911, at 9 o'clock, A.M. at which time and place no owners of property appeared to contest the said assessment or the benefits of said improvement or any other matter, or things connected with the said improvementA or any irregularity with reference thereto, BE IT,THEREFORE,FTIRTHER ORDAIP?ED BY THE SAID BOARD OB CO_)MSSIONERS AS FOLLOWS,TO-WITt FIRSTt That the benefits to each parcel of property of each owner hereinafter named, in the enhanced value of the said property exceed in each case, the amounts hereinafter assessed against such owners, and their property# And the Board having co^sidered the evidence, and it appearing therefaom 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 be in particular cases unjust and inequitable, and not in accordance with the benefits received, and that the apportionment of the cost of said improvements between property owners and the assessments hereinafter made, will effect substantial equality and justice between property owners having in view benefits received by and burdens imposed on such owners. SECOND: That there is and shall be assessed against each of the owners of property hereinbz below named and against the several parcels of property of the said owners herein below discribed as their proper pro rata part of the costs of the said improvement , the several sums of money set opposite the names " of the said owners and the said property. The names of the said owners and the discriptions of the said peoperty of each and the total amount in money hereby assessed against each owner and his property being as follows, to-wit: PAVING ASSESSMENT FOR NORTH MAIN STREET FROM THE FRISCO RAILROAD TO THE SOUTH PROPERTY LINE OF CENTRAL AVENUE. -- - - - - - - - - - - - - - - - - - - - - - - - NAME LOT BLOCK ADDITION FNTG. SQ.YDS. COST RATE PER FT. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - G.W.Hewitt 11 51 N.Ft.Worth 80 258,666 0532.85 86.6606 P.J.Knipp 10 51 99 50 161.666 333.03 6.6696 Sam Roses. 3 51 of 50 161.666 333.03 6.6606 4 51 of 50 161.666 333.03 6.6606 5 51 of 50 161.566 333.03 6.6506 „ 6 51 1 50 161.666 333}03 6.6606 ,s 7 51 0 50 161.666 333.03 6,6606 „ 8 51 to 50 161.666 333QDS 6.6606 ss 9 51 to SQ 161.666 333.03 6.6606 Mrs S.B.Shannou N.1/2 2 51 to 25 80.833 166.52 6.6606 J.A.Mulloholand 1/2 2 51 25 80.833 166.52 6.6606, of1., 51 , 50 161.666 333.08 6.6606 H.R.Eilerberger I-1k 78 , 50.8 164.253 338.36 8.6606 E.D.Moon 18 78 of 50.8 164.253 338.36 6.6606 W.R.Booth 19 78 of 50.8 164.253 338.36 6.6606 Miss F,Colston 20 78 to 50.8 164.253 338.36 6.6606 S.L.Wagley 21 78 to 50.8 164.253 338,36 6.6606 Mrs B.MoCauley 22 78 ,} 60 194.000 399.64 6.6606 City.Ft.11orth.F.D. 12 50 „ 1 50 1616666 333.03 6.6606 J.E.Mitchell 11 50 to 50 161.666 333.03 6.6606 Mrs M.Ford. 10 50 „ 50 161.666 333.03 6.6606 Miss M.O'Neal - 9 50 to 50 161.666 333.03 6.6606 W.J.Doughterty 8 50 to 50 161.666 333.03 6.6606 H.C.McCart 7 50 to 50 161.666 333.03 6.6606 H.H.Bailey at ux 6 50 to 50 161.666 33303 61, 6606 ss 5 50 o, 50 161.666 333.03 6.8606 to 4 50 of 50 161.656 333.03 6.6606 to 3 50 to 50 161.666 333.03 6.6606 of 2 50 to 50 1610 666 333.03 6.6606, S.H.Robinson 1 50 t, 50, 161.666 333.03 6.6606 Jno F.Grant. 10 59 to 50.8 1640253 338.36 6.6606 Mrs M.J.Smith 11 59 . ., 60.8 164.253 338.36 6,6606 Mrs S.Garbutt 12 59 of 50;8 164_.253 338.36 6.6606 J.A.Raker, 13 59 of 5098 164.253 338.36 6.6606 J.A.Henson 5 59 of 50.8 164.253 338,36 6.6606 A.Armeson 4 59 of 50.8 164.253 338.36 6.6606 J.J.Lydon 1 59 of 60 194.000 399.64 6.6606 L.G,,Pritchard 12 45 „ 50 161.666 338.03 6.6606 Jso F„Mullboland 11 45 of 50 161.666 333.03 6.6606 10 45 „ 50 161.666 933„03 6.6606 W.S.WNilson-Co 2 to 9 45 to 402 1299.800 2677.59 6.6606 L.J.Hawkims 1 210 of 98 316.866 652.74 6.6606 so 210 of 50 161.666 . 333.03 6.6606 Mrs S.M.Furey 3 210 of 50 161.666 333.03 6.A606 Mabel Jones 4 210 of 161,666 333.03 6.6606 to 5 210 or 50 161.666 333.03 6.6606 T.E.Lacey 6 210 of 50 161.666 333.03 6.6606 P.A.Heeger 7 210 of 50 161.666 333.03 6.6606 8 210 to 50 161.686 333.03 64606 H.C.Mocart 9 210 „ 50 161.666 333.03 6.6606 W Albert Handler 10 210 09 149 481.766 992.44 6.6606 No.Ft.Worth Ice and Cold Stg.Co. 229 „ 40 129.333 266.43 6.6606 St.Louis San Francisco and Texas Ry. Co. of 409.516 842.57 TOTAL FOR PROPERTY OWNERSo 10,425.208 0210475.86 TOTAL FOR NORTHERN TEXAS TRACTION CO. 3,957.533 89152.52 TOTAL FOR CITY OF FT.NORTH. 1, 871.499 3,855.29 TOTAL 160264.240 3,. That tha amount set opposite the name of each_owner above and his property is hereby assessed against the said property and declared to be their 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 fron�of the property of eaclg respective owner and the acceptance thereof by the said City. THIRD: That the said assessment shall bear inter?st from the date of the said completion and acceptance at. the rate of Eight per centum, (8%) per annum, and that if not paid when due, the said assessment and claim of personal liability shall be enforced ether by the sale of such property by the officier and in the manner as far as applicable, as.sales are authorized to be made for non payamert 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. FOURTH: That if any of the said property owners against whom and the assessment whose propertyAis hereby made,shall .not.pay in full when due, _the amount so assessed, then that the City shill issue to the said General Supply and Construction Company, the contractor for the said i;mprovement,assignable certificates against the owners of said property so failing to pay such assessments and against their said property, 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 Supply and Construction Co, and shall state the amount due from property 3wner, and hereby assessed against his property, and the rate rate of interest thereon herein fixed at Eight per centum (8%) per annum, and each certificate shall recite and declare the fact that the same are secured are secured by lien against the property of such owner and the personal liability of such owner, and shall discribe such property by number and block or by such other discription as may identify the same with ref rence to any other fact recited and by the name of the owner, and if .the owner isnot known, and if the property is owned by as 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 due, that it shall be collectible with accrued interest with court costs and attorneys fees, if the same have been incurred and shall recite that the proceedings with reference to such improvements have been made in compliance with the terms of the said Charter of the City of Ft.Aotth, and that all prerequisites 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 collection of taxes under the_.Charter of the City of Ft.Worth by advertise- . ment and sale of the-said property reights and franchises herein levied on. That the officer making such sale shall execute to the purchasAer a deed similiar to the one issued when property is sold for ad-valorem taxes by the City of Ft.Worth, and the recital of the said deed that all legal prerequisites as to the validity of the sale have been complied with! shall be prima facie evidence to the truth thereof and so accepted without further proof or said taxes and lies may be-.enforced by the said General Suppl? and Construction Company or assigneQ by suit in any court having jurisdiction. SIXTHt ZXX= t That the said Board,, having ascertained the cost of constructing improvements upon North Main Street from Frisco R.R. tracks to Central Avenue, named to be improved bei between the rails and tracks and 18 inches on the outside thereof of the Frisco Railway, a corporation, operating a steam railway over a portion of said North Main Street, to be the sum of Eight Hundred Forty Two & 57/100 Dollars, ($842.57), the said Board does hereby levy a special tax against the said Frisco Railway Company, a corporation, and against the road-bed, .ties, rails, fixtures, rights and franchises of said Company, of said amount and does hereby declare the said sum to be secured by a lien upon said road-bed,ties, rails, fixtures, rights and franchises of said railway company from the date hereof, prior and superior to all incumbrances thereon except lawful taxes; that said taxes hereby assessed shall become due upon the comple- tion of the said improvement by the said General Supply and Construction Company and its acceptance by the City of Ft.Worth, and if not paid when due,, shall immediately become delinquesnt and shall be enforced as in the case of the collection of taxes under the. Charter of the City of A.Worth by advertisement and sale of the said property rights and franchises herein levied on. That the officer making such.. sale shall a"cuteto the-purchaser a deed similar to the one issued when property is sold for ad valorem taxes by the City of Ft.Worth, and the recital pf the deed that all legal prerequisites to the validity of said sale have been complied with, shall be prima facie evidence to the truth thereof and so accepted without further proof or said taxes and lien may be enforeed by the said General Supply and Construction Company or its assigns by suit in any court having jurisdiction. SEVENTH: 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 WorWaession of said Board held Tuesday Delay 2nd,.1911. C ary.