HomeMy WebLinkAboutOrdinance 230 AN 01DINANCE a30
ASSESSING A PORTION CE THE COST OF IMPROVEMENT OF HENDERSON
STREET, IN THE CITY OF FORT WORTH, TEXAS, FROM SOUTH PROPERTY
LINE OF WEST DAGGETT AVENUE TO THE NORTH PROPERTY LINE OF
PENNSYLVANIA AVENUE, AGAINST THE OWNERS OF PROPERTY ABUTTING
THEREON, AND THEIR PROPERTY.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
THE CITY OF FORT WORTH, TEXAS,,,THAT:
WHEREAS, on the J04 day of 19/0
the Board of Commissioners of the said City d ectad the im-
provement of HENDER SON STREET in the City of Fort Worth,
Texas, from the south property line of West Daggett Avenue
T. the--n--o-FT pT Ferty line of Pennsylvania Avenue, by raising,
filling, grading, and is wing the same, and,
WHEREAS, in accordance with said resolution, speci-
fications for said work were duly preparedby the CityEngineex
and adopted by the Board of Commissioners, and,
WHEREAS, bids for said improvements were duly adver-
tised for, as required by the City Charter, and,
WHEREAS, said bids were received, opened and consid-
eredby the Board of Commissioners, and the bid of the Texas
Bitulithio Company, a corporation for the improvement of
Henderson Street was accepted by the said Board of Commission-
ers, and,
WHEREAS, the said Texas Bitulithic Company has en-
tered 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 filling the same, and
by paving the same with Bif,li-thic pavement upon a five inch
+ �
a
gravel concrete foundation, and,
W=AS, the said Company has executed its bonds to
the City of Fort Worth for the oonstruotion and maintenance
thereof, in accordance with the said contract, and specifica-
tions, with surety as required by the said City Charter, which
contract and bonds with the surety thereof, have been duly
approved by said Board of Commissioners, and,
MIERFA$S,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, Chapter 14, of the Charter of the City
which statement was considered by the Board, corrected and
approved, and,
NHEREAS, there fter, the said Board did, by resolu-
tion of date, the day of , 190, find
and declare the necessity of assessing a portion of the cost
of said improvements against the owners of the 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 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 said resolution, the
City Secretary 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 the City of
Fort North for five (5) consecutive days prior to the said
hearing and did also notify the said owners of the said hear-
a
ing by posting a copy of the said notice to each of thews, at
the post office, in the City of Fort Forth, Texas, more than
tendays prior to the date of the hearing, and,
AREAS, the said hearing in accordance with the
said resolution an& notice was held by the Board of Commission-
ers on the a day of , 19 at
at
o'clock A.M. at which time and place
owners of property, appeared to protest the said assessment,
,and the benefits of said improvement connected with the im-
i2rovement of said Henderson Street.
*HOW 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 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 proportion as the frontage of
his property is to the whole frontage improved, would operate
unjustly in particular oases and that the apportionment .and
assessment hereingfter made will effect substantial *quality
and justice between property owners, )saving in view benefits
received by and burdens imposed upon such owners, and said
apportionment is hereby adopted`
doll Ask
' a
(2) That there is, and shall be, assessed against
each of the owners of property hereinbelow named, anil against
the several paroels 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 names 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:
Paving Assessment'for Henderson Street From South Property Urn
Daggett. Avenue to north Property Line of Pennsylvania Avenue.
Rate
Name,Lot. Block and Additlen. Frontage. St4,Yards. Cost. Pere:
W, H, MCKIqq ey, N. 3/ It. 6T, bk. 24, Jennings
South adflition ............................. 60 88.611 $ 184.98 13.84"
Sam Sturman,S. % It.ST,,bk. 24,Jennings South
addition.. ................................... 50 88.411 184.11$ %6995
Lottie Teschemacher,It.ST,bk.24,Jennings South
addition . ................................... 50 88:621 184.98 11-096.
Mrs.Sarah M.`Kane,it.9T,bk.24,Jennings South
addition . ..................................... 50 88.611 184.98 8.6996
W.P. McLean, Sr., It. 16T, bk. 24, Jennings South
addition . ............. .....................100 177.222 369.95 3.6995
W. C. Stripling, It. 16T, bk. 24, Jennings South
addition . ...................................100 177.222 369.95 8.6995
B. R. Webb,it, ST, bk. 23, Jennings South ad....100 177.222 269.95 3.6996,
Louie Weltmoa,'N.%IL 9T,bk.23,Jehninge South
addition . ................................... 50 88.611 184.98 8.6995
Sam Rosen, S. % IL 9T, Ilk. 23, Jennings South
addlt7bn ... .. ....... 60 88.611 184.98 3.6995'
flal�Hblt,It. 8,bk. 28, Jennings South ad.......200 364.444 789.89 2.6995
F.A.Riee,.It. 1, bk. 91, Jennings South ad.......100 188.888 352.55 2.5255
B'.D.Tkrltbn,It.2,bk. 81, Jennings South ad....100 188.888 352.56 3.6265
Frank T. Reynolds, It. 3, bk. 31, Jennings South
addition . ....................................106 168.888 352.65 3.6256
Pr. Bacon Saunders, It. 4, bk. 31, Jennings South
addition . .................................. 100 168.888 352.55 3.5256
T.J:Orgal�¢LTi,-kkv 3 f,j fu3W ga.mouth ad...-.Ld4 168.888 352.66 3.6255
3tev.'J.1t.� ench, It:10 b 32, Jennings South
addition . . 50 84.444 176,28 3.5255
Sas. Anderson, It. 11T and.N. 12 ft It. E, bk. 3a,
Jennings South ad.......................... 62 104.111 218.69 8.6266
Mary A. Reimers, S. 188 ft, of It. 3, bk. 82, Ten-
hings South ad..............................188 817.511 662.81 8.52561
Anna L.Ballard, N. % of It. 7T, bk. 41,Jennings
South ad. ................................... 60 84.333 176.05 9.5209
W. R. Thompson, S. % It. 7T, bkr 41, Jennings
South &B, . 60 84.383 176,4)6
W.N. Stone, lt; 8T, bk.41;Jennings South ad.... 65 92.766 19$.85
J.A. oftey, It. 9T,bk. 41,Jennings South ad..... 50 84.333 176.06 *42598
C.R..Crane,It. 10T,bk. 41,Jennings South ad.... 62 101.748 212.40
Rbbt,j.Davis. It,11T,bk.41,Jennings South ad.139 226.473 472.78 3.4258:1
A.J. Long'It. V,ibk: 42.Jennings South ad......100 168.666 362.09 3.5209
F.M. Long,It. 12. bk. 42,Jennings South ad.....100 168.666 362.09 8.5209
•pVrreriehs. It. 13, bk. 41,eXOfditSs South ad..... 50 84.338 176.05 3.5209
F'annte E Dubose, It. 14T, bk. 42. Jennings South
.ition . .. .. .. 80 98,466 205.55 3.4258
ilt@g 1L 16T,bk:4$Jennings South ad..144.9 !!37.71!4 496.40 SAW
F -
Total for property owners.......................4,200.796 1 8,769.18
Total for city of Fort Worth..................... 609.888 1.064.40
"1otaMr Xofthern Teras Traction Co...........1.140.322 2„484.69
Tota4 . ......................................5,900.909 112,318.17
Note-The letter "T" denatep that the description was taken from the
Ttixa.s Title Co.'s may.
t„
Ask
That the amount set opposite the name of each owner
abgve, 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 full, within thirty days after the completion of
the' said improvement, in front of the property of each re-
spective owner and acceptance thereof by the said city#,
(3) That the said assessment shall bear interest
from the date of the said completion and acceptance at the
rate of 8% per annum, and if not paid when due the said assess-
ment and claim 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 authorised, 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 if any of the said property owners, against
whom and whose property an assessment is hereby made, shall
not pay in full when due the amount so assessed, then, that
the City shall issue to the said Texas Bitulithic Company, the
contractor for the said improtemmt, assignable certificates
against the owners of said property so failing to pay such
assessments, and against their said property, which said cer-
tifioateashall declare the said sums to be due and payable
thirty days after completion and acceptance of said work, and
,shall be payable to the said Texas Bitulithic Company, 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 cer-
tificate 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 prop-
erty by number and block, or such other desdription as may
identify the same with reference to any other fact recited,
and by the name of the owner and if the owner is not known,
or if the property is owned by an estate, it will be suffi-
cient to so state the facto
Said certificates shall provide that if the amount
therein declared shall not be paid when due, then it shall be
collectablw with accrued interest, and with m urt costs and
reasonable attorney's fees if same have been incurred, and
shall:, reoite the proceedings with reference to such improve-
ments have been made in compliance with the terms thereof and
the charter of the City of Fort Worth, 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 City Secre-
tary with the corporate seal. Said certificates shall pro-
vide 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 de-
mand for same by virtue of the said-certificate, or any in-
dependent contract to pay the same, entered into by the
owner thereof, and shall provide that the Tax Collector shall
deposit all sums received by 'Uim 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
q
C a
the J CERTIFICATE FUND II0. 1
and that whenever any payment may be made to the Tax Collector
upon such certificate, it shall be his duty upon presentation
by the said contractor, or the holder thereof, to endorse said
payment thereon, and that the contractor or holder of such
certificate, shall be entitle& to receive from the City Treasur-
er the amount so paid upon presentation of the said oertifi-
cate, 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 sur-
render of said certificate, when the principal thereof, o-
gether with accrued interest and cost of collection, shall
be paid in full.
Such certificates shall also recite th4t the City
of Fort !Porth 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 there-
of, shall have the right to collect such certificates as there-
in 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.
b
That the cost of said improvement in accordance
with t*te terms of the said contract, between the rails and
s e
i
tracks and 16 inches on the outside thereof of the
Company, a street railway company occupying the said street,
is hereby ascertained and determined to be the sum of
and to secure the payment of the said sum a
special tax in said amount is hereby levied upon and against
the roadbed, rails, ties, franchises, fixtures and property
of said street railway company as prescribed by the charter
of the City, whichtax shall be a lien against the said property
of the said street railway company, superior to all other liens
or claims or titles whatever, except lawful advalorem taxes,
which taxes shall be come delinquent if not paid in full with-
in thirty days of the completion and acceptance of said im-
prowement by the City, and if the taxes shall not then be paid,
the same shall be enforced either by sale in the said premises
in the manner as near as possible as provided by the sale of
property by the City of Bort Worth for advalorem taxes, or
the same may be enforced in any Court having jurisdiction.
6
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 Commiss-
ioners of the City of Fort Worth at a see-
sion of said Board held Tuesday June 6th,
F2 1911.
Ci Secretary,