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HomeMy WebLinkAboutOrdinance 921 FORM No. 14. n AN ORDINANCE ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON_.........JERO>�E,--STREET- IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE SOUTH LINE OF....ROSEDALE...STREET ..._........................., AND ITS INTERSECTION WITH THE....SQIITH.- LINE OF---PAR$...RUM„_AVENUE,,,,,,,,,,,,,,,,,,,,,,,, AGAINST THE OWNERS 0'F PROPERTY ABUT- TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND 'STEAM RAIL- WAYS AND THEIR PROPERTY. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH, TEXAS, That: WHEREAS, Heretofore,,the Board of Commissioners of the said City directed the improvement of ....................1O.T9M „ St]Gest--------------------_--between its intersection with the.......SQUth-_-,,,,,line of RQ Street with its intersection with the..South..... line of.... . .- b raisin .. ........................ -------- . , Y g: filling, grading, and paving the same; and, Ge-�- -� - WHEREAS, In accordance with said resolution, specifications for said work were duly prepared by the City Engineer,and adopted by the Board of Commissioners; and, WHEREAS, Bids for said improvements were duly advertised for, as required by the City Charter; and, WHEREAS Saidi b ds were received, opened and considered by the Board of Commissioners, and the bid of.... mF- Y...:......................., for the improvement of the said portion of said Street, was accepted by said Board of Commissioners; and, WHEREAS, The said..-Texas.....Rawhide....P_a4.311g..._G.OMP- aI1y_....._...has entered into a contract with the City of Fort Worth,as provided by the Charter,for the improvement of said street, within the said limits by raising, grading,and Tilling the same and_by.paving the same with.............................. - •---� ---- -$ativhide pavement� ---------•-----_...._........................- WHEREAS The said contractor has executedwith - - _-_ ........................foundation; and, .................. bonds to the City of Fort.Worth for the construc- tion and mainteannee thereof, in accordance with the said contract, 'and specifications, with surety as re- quired by the said City Charter, which contract and bonds with the. surety thereof, have been duly ap-. proved by the said Board of Commissioners; and, WHEREAS, Thereafter, the City Engineer of said City filed his written statement with the Board of Commissioners concerning the said improvements, and the cost thereof, as provided by Section 8 Chap- ter p ter 14, of the Charter of the City, which statement was considered by the Board, corrected and approved; and, WHEREAS, Thereafter the said Board did, by resolution find and declare the necessity of assess- ing a portion of the cost of said improvements against th r p g t e owners of the property abutting thereon, and owners o�street and steam railways 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 said 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 provided therein; and, WHEREAS, In accordance with the said resolution, the City Secretary did issue a notice of the said hearing to the said owners and all interested parties by publication thereof, for the time and in the man- ner prescribed by the City Charter, in---.--------The--..FOX-t-....XOT.th-...Reco-S-d---------------------•-................................................... a daily paper of general circulation in the City of Fort Worth, for five (5) consecutive days prior to the said hearing, and did also notify the said owners of the said hearing by posting a copy of the said notice to each of them, at the post office, in the City 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-.--_15th............day of......M.-............... 192 ......o'clock...........A.:............M•, atwhich time and place..... .........._...... ...........................................••--•... ------------------......-----------. ....---•-•-•------------------•...--------------------------------- --------------------------------------------------------------------------------------------------------------.....-----------•----....------------......------..........---------------------------...----------------------------------•----------------.....--------------.. .-------•--------------..........................................................................................................................-----------------------•--•--•--•-•-----------------...---•------...------------------.._.........---------........ -----------------------------------------------------------------•-------------.........----------------------....----------•-------.................-----------------------------------------------------------------------.....---••-•----------................---........... •--•--------•---------------------------------------------------------------------------------------------------------------------------------------------------------•-----------------------------------------------------.......-----•--------------•---------•-------------- owners, appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said street. NOW, THEREFORE, Be it further adjudged and ordained by the said Board of Commissioners, as follows, to-wit: (1) That the benefits to each parcel of abutting property of each owner hereinafter named by 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 therefrom that the strict application of the front foot rule or plan, whereby each owner is to be assessed in propor- tion as the frontage of'his property is to the whole frontage improved, would operate unjustly in particu- lar 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 imposed upon such owners, and said apportionment is hereby adopted. (2) That there is, and shall be, assessed against each of the owners of abutting property hereinbe- low 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 name of the said owners,and descriptions of the prop- erty of each,and the total amount in money hereby assessed against each one, and his property, being as follows, to-wit: tstraot A*arded: April 17th-1983. Ptioe Bides Sq.Yd.-- X1.30 '�ontr4otbr: Texas Ra�rhide Paving Co• Pave - .60 �'averaeao.�: i�avthide Curb, Lin. Ft�.�------ Gutter, Se,• F ------ .,25 Combing. Curb & Gutter Lin. Ft. ----- 1.10 Paving Assessment for JEROME STREET from the South line of Rosedale Street to the c)U line f P oark P a.oe ARTE RATE: ER TOTAL �. A M E LOT BLE4 A30DIT11ON FXTG. FLIT. FTS COST " FOREST _ $.L ' Agee 1,8 10 PARE PLACE 1511 2.9 778 X449.64 ' 1 ],0 u it 1511 n 49.64 T'B. James it 1541 ti 458.58 G.Yj Rbed. u �.H. Muse � 1541 n 45$•56 t.W. Vharton i7 it u 3.541 " 458.5$ Forest Park Bldg, 00. 1541 " 458.58 D.. Carpenter 1 1 n tt 1001 2.68889 86$•89 4erbert Walker & Co.. ISO FRISCO 1001 .. t< 268.89 113 18 u 951 n X55. Strain 44 A. Thompson 11.2 �� it t n 2 55.44 .OG. Su 95! " 255.44 ban Johnson 9 1 e 951 rt x55.44 *.A. Franklin 96 ll ?reasley & Ellis .1 1 MISTLETOE HTS,.1201 u 323'6'7. -�Mistl,etoe Heights 1r n 1201 " $33.67 Realty Co. 1 lt? )di.stletoe Heights tt 332.67 Realty Co.-- 48 1Q " n l3�?t Ella B. Freeman 12 13. t'' " 1x91 u 36,87 MWIetoe Heights 11 t< ►t 7,291 u 346,•87 Realty 00,- 1 u 1.891 n 548:8' T.'C, Sir 12 is R� Herbert Walker & _ omvan -- FOREST PAIS 164` ,9fi� ' 8 458.58 S y----`-------- PLACE 458.58 fig:., Mi119.can � 3 154 _u tr tt 154.1 rr 458.5$ .H. NA�soma 6 rt tt tr 1541 Hetr 458.58 ad. 8 6 tt 449.64 Vit. S. Cook 7.1 u u rr 151: 449.64 w.M.' El;�.no 4.B. ti$1d L8.71C).= Sakur & Brookes Bakex- A 9txiP of lend, 63.51 I: 571,71 out of the E. .Harris .Sur,bet* & 11- FRxSCO 53�61x.88$89 . .. 1,4'�.8� 'Mistleto=e Heights u 358.84 Realty Co.- 3� 3.Z MISTLETOE gTS. ..L37. Gland total goat t0 Property-Oere ` ---- �5 46 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 installments, one payable within 30 days after the date of completion of said work and its acceptance 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 installment before maturity by payment thereof with accrued interest. That default in the payment of any installment of principal or interest upon said assessments when due as herein provided shall, at the option of said contractor, or other legal owner and 'holder of said assessments, at once mature the whole amount thereof,both prin- cipal 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 assessments and claims of personal liability shall be enforced, either by the sale of such property by 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 contractor, for the said improvement assign- able certificate against the owners of said property, and against their said property, which said cer- tificates shall declare the said sums to be due and payable in installments as herein provided after comple- tion and acceptance of said work, and shall be payable to the said contractor, and shall state the amount due from each property owner,and hereby assessed against his property, and the rate of interest thereon, herein fixed at eight per cent (8%) per annum, and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner,and personal liability of the owner, and shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited, and by the name of the ovmer and if the owner is not known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared or any installment of principal or interest thereof shall not be paid when due, that the whole amount thereof shall be collectible with ac- crued interest, and with court costs, and reasonable attorney's fees, if same have been incurred, and shall recite the proceedings with reference to such improvements as have been made in compliance with the terms thereof and the charter 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 cer- tificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the Tax Collector of the City, who shall issue his receipt for payment thereon, which 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 of property therein described, and shall provide that the Tax 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 separate fund, which fund is hereby designated as the...-Jer9?0.... t3PB.et............................... CERTIFICATE FUND No......A........, and that whenever any payment may be made to the Tax Collector upon such certificate, it shall be his duty on presentation by the said contractor, or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate, shall be entitled to receive from the City Treasurer the amount so 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 writing to the said Treasurer, or by the surrender of said certificate, when the principal thereof, together with accrued interest and cost of collection, shall be paid in full. That said certificates may be issued, with coupons thereto attached evi- dencing the several instalments of principal and interest thereof, which coupons shall be excuted and attested by the Mayor and City ,Secretary as are said certificates under the terms 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 installment evidenced by a coupon, such coupon shall be credited by the City Tax Collector and surrendered to the City Treasurer as herein provided. t 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. FORM No. 13 NOTICE OF A HEARING TO PROPERTY GW-NMRS ON...... .- . ....... ............IN THE CITY OF FORT WORTH, BETWEEN. fl r.DA-jX RTT and --....__RAM PLACE....AVVM--------------------- CONCERNING THE IMPROVEMENT OF THE SAID STREET AND THE ASSESSMENT OF THE PART OF THE COST OF THE IMPROVEMENT THEREOF AGAINST OWNERS OF PROPERTY AND THEIR PROPERTY ABUTTING ON SAID STREET. SAID HEARING TO BE HELD BEFORE THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH ON.......U x].3 DAY OF............... YT---- -- ------------- ---, 192....x.,.. WHEREAS, The Board of Commissioners of the City of Fort Worth have passed the following resolution, to-wit: BE IT RESOLVED By the Board of Commissioners of the City of Fort Worth: That, WHEREAS, Heretofore on the.....6.-t,11.............day of-...._......M. gh................ 192....x_..., the Board of Commis- sioners of the said City, by resolution, directed the improvement of .je- g3� �+3t� as aobve described, by raising, filling, grading, and paving the same; and WHEREAS, in accordance with said resolution, specifications for the said work were duly prepared by the City Engineer and adopted by the Board of Commissioners; and WHEREAS, Thereafter in accordance with the City Charter, said bids were received, opened, and considered by the Board of Commissioners, and the bid of the..._T.=, a43....R :hJ6d,8..-Pam - for the improvement of the said street, was accepted by the said Board of Commissioners; and WHEREAS, The said improvements consist of improving the said street within said limits, by raising, grading and filling the same, and by paving the same with..........Rzjvh da, .__.................................... pavement; and WHEREAS, The..... _ gg._. .3de....P - ---.0* ------------has entered into contract with the City of Fort_Worth-for the-construction_of said improvements-which contract has been duly apbroved_ �„ the Board of Commissioners and executed as required by the City Charter, and the said ................................ -------------------------executed with approved security, and filed with the said Board of Commissioners, bonds for the construction and maintenance of said work in accordance with said resolution, specifications and contract, which bonds have been duly approved by the said Board; now, THEREFORE, Be it further resolved by the said Board of Commissioners of the City of Fort Worth, as follows, to-wit: (1) That a necessity exists that a portion of the cost of said improvement shall be assessed against owners of property abutting on said street named to be improved, and against their property in accordance with the Charter of the said City, a nd the said Board does hereby declare such necessity. (2) That the total estimated amount of the cost of paving of....Je.rjW40----e m ---------------- as re- ported by the City Engineer is the sum of $9.tr�31.�;��----------------- that the names of the property owners against whom and whose property such assessment is proposed to be made and the total amount, and amount per front foot, which is proposed to be assessed against such property owners is as follows, Oantraot A*arded: April' 17th-1923. Prioe Bid Contr4otor: Texas Rawhide Paving Co. Pavem 4 Sq:Yd-------#1.30 1avement: rawhide Curb, Lin. Ft.-------- .60 Gutter, Sq. Ft.------- 45 . Combina,. Curb & Gutter, Lin. Ft. 1.10 Paving Asaasament for JEROME STREET from the South line of Rosedale Street to the Bomth line of Park Piaoe. Avenue. RATE fER TOTAL " E LOT BLS ,UDITIOg FNTG. FNTs FT. COST FOREST H�L . Agee - 18---10-PARK PLACE- 1511$2.97478 0449.64 ' ,B., Jameo 1 10 ss If 3.511 u 44,.9 a 64 o,Y, Iced_ ' " e 1541 458.5.8 E.H. Muse '` n 1541 sr 458.58 G. P. Y1harton l7 it n 184, n 458.58 Forest Park Bldg. Co, 1 u n 1541 " 458.5$ A.D.: Carpenter 1 1 a sc 1001 2.58889 .26$.89 $.erbert Walker & Co. 129 1� FRISCO 1002 it 268.89 A. Thompson 113 13 " 951 it 055.44 H.SIF. Straiz 17.2 n Q61 it 255.44 J7an Johnson 97 11 a 951 if 255.44 W,A. Franklin . 96 li n 951 a 255.44 Pressley & Ellis .1 1 MISTLETOE HTS.120= n 323.67 Mistletoe Heights Realty Co�., 1 10 u a 1201 cc 3x .67 di tletoe Heights , ieal.ty Cos- . ..48 10 >< c' 1801 Ella B. Freema?a . .3 ll ccs n 129i 346.87 0tiet(?e Heights Realty Co*- 34 .11 a n 129!.. n X46.aq T. C 8owcr 12 cc. a 1291 a 346:87 3 FOREST PAPX PLACE 1541 x.97778 458.58 .F.. Milliean u it It 15441 tt 458.58 J. Newsome 6 sc c:. a 1541 " 458.5$ Head 8 8 cc ss ,' 154:- " 458.58 Wis. Cook , 11 1511 sc '449.64 , J.M. E:u .i.n� 151 1 n 449.64 4.B. C=ti e, Lend taker & Brookeo' Baker- A strip o; �d. 53.51 E 371.7 s out of the E. Harris .Sur. ..bat, B3.ks..1 & 11--- F1S�10 535x a16`o69 , 1452 .8r -�is�tletc�e Heightp . _ ... Realty Co.-- 13 12 MISTLETOE HTS. _L.31 a 352.29• Grand. total abet to Property_4wU,er0-i -- ,531�4fi FORM No. 13—CoN=vsn y (3) That the portion of the cost of such improvement which may be assessed against such property owners and their property and owners of street and steam railways and their property re- spectively shall be assessed by ordinance of the said Board of Commissioners, passed after notice to such owners, and other interested parties, and a hearing to them, and the said amounts, when so assessed, shall constitute a lien against the property of the said owners in accordance with the terms of the City Charter, and shall be declared to be a personal liability of the said owners in accordance with the said Charter. That the said assessment against owners of property abutting said street and their property shall be made according to the front foot rule in proportion as the frontage of the property of each on t P P Y he said street is to the whole frontage to be improved, provided that if in the opinion of the Board of Com- missioners this rule of apportionment shall be found to be unjust or unequal in any respect, then that the. said Board of Commissioners shall adopt such rule of apportionment as shall be found to be equal, considering-the equities of th-e-various property-owners and-the benefits to their property, and the burdens imposed by the assessment, and provided that no assessment against any owner or his prop- erty shall be made in excess of the enhanced value of the said property by means of said improvement. (4) That a hearing shall be given to the said owners of abutting property and street and steam railways, and to all others having any interest in or claim or lien against such property, their agents or at- torneys, which shall be held at the City Hall, in the City of Fort Worth, in the Commission Chamber, being the regular place of meeting of the Board of Commissioners, on the.....l5.th......day of...........May--............ 4 .................-........... 192..3------, at.9.....A.M., at which time and place said owners, and other interested parties, their agents, or attorneys, are hereby notified to be and appear, and at which time and place a hearing will be given to them concerning said proposed assessments and concerning the benefits of any of the said improvements to their property and concerning all the said proceedings with reference to the said im- provements, or any invalidity or concerning any matter or things whatsoever in connection with said improvements or assessments, at which hearing the saidro ert and others P P Y owners, interested, may appear inerson or by their agents or attorneys and P g Y present their objections, if any, to any matter-or thing concerning the said assessments or proceedings and may present any evidence which they may de- t -sire-concerning-same,-that said bearing-s-hall-be--co-Rtinu-ed-and adjQnr-ned-fr-om_da-y-to-day-and_-fT-arn-time---- to time until all property owners, and persons interested, and all matters in connection with any protest or objection of said property owners shall be fully heard and disposed of. (5) That the City Secretary of the City of Fort Worth_is hereby directed to give notice of said hearing by publication in....The..--Famt....Taxth---Record- -_--.--__................ a newspaper, being a daily paper of general circulation in the City of Fort Worth, by publishing these resolutions for five (5) successive days prior to said hearing and by mailing copies hereof by registered letter, deposited in the postoffice and addressed to each owner, if known; if not known, then to the address of his agent or attorney, if known. Said letters shall be posted at least ten days before said hearing, but notice of said hearing by advertisement in said newspaper shall be conclusive and binding, said service by letter being only cumulative. (6) That this resolution shall take effect from and after its passage. All owners of said property, and all others interested therein, their agents, or attorneys are there- fore notified to appear at the time and place mentioned in above resolution, at which time and place a hearing will be given them concerning all the matters set forth in said resolution. - -- Witness m hand this..........3.S:t..--....da of ......... Y Y .----__ "-__....---_--.........._____x.92 3.-_ _ -----------------------------------------------...--------...------------------------------.............-..........-..... City Secretary, City of Fort Worth.