HomeMy WebLinkAboutOrdinance 730 arts No.14
AN ORDINANCE
ASSESSING A PORTION OF THE COST OF IMPROVEMENT ON......$9.UTH.-MAID.----------._----------STREET,
IN THE CITY OF FORT WORTH, TEXAS, BETWEEN ITS INTERSECTION WITH THE.....BQU.TH
LINE OF......_MACKQLIA_.Allam----------------------ST&UN,AND ITS INTERSECTION WITH THE....NORTH
-...--
LINE OF.-G...G.A...$.F.A.Y..10......................SST AGAINST THE OWNERS OF PROPERTY ABUT-
TING THEREON, AND THEIR PROPERTY, AND OWNERS OF STREET AND STEAM RAIL-
WAYS AND THEIR PROPERTY.
(1 BE IT ORDAINED BY THE BOARD OF COMMISSIONERS, OF THE CITY OF FORT WORTH,
TEXAS, That:
WHEREAS, On the_....._21aih.___..---day of_ _., 1914.-...,the Board of Commissioners of
the said City directed the improvement of....South-AWL--..........._..................._......._.._Street between its intersec-
tion with the.._ awth line of__.Yiii—lin_AvenaaS with its intersection with the..Acxt t._.T..line
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, Saids were received, opened and considered by the Board of Commissioners, and
the bid of the Texa ity t is Company, a corporation, for the improvement of the said portion of
said Street, was e t y said Board of Commissioners; and,
WHERE A 1t�s Texa Bitulithic Company has entered into a contract with the City of Fort
Worth, as provi b he Ch V, for the improvement of said street, within the said limits by rais-
ing, grading, and fi ing the a and by paving the same with Bitulithic pavement upon a five-inch
gravel concrete folu at' ; nd,
WHEREAS, The ' Compan h executed its bonds to the City of Fort Worth for the construc-
tion and maintenance t ereof, in c d 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 Boardmissione ; and,
WHEREAS, Thereafter, he City gi a of said City filed his written statement with the Board
of Commissioners concerning the sa' i 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 sai rd didy solution of date,the...22nd_..day
1920 1��........, find and declare the necessity of as s' a portion of the cost of said improvements against
the owners of the property abutting the n nd owners of street and steam railways thereon and
their property and did prescribe a heariiiv 6f the sai ers, their attorneys, and agents, and fixed
a date therefor and did direct the said SeWary o 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, it Secretary did issue a notice of the
said hearing to the said owners by publication ther T, r e time and in the manner prescribed
by the City Charter, in-----Fn_rt-...Worth-Raca.rd----------------------- ..............ad ii aper of general circulation in the
City of Fort Worth, for five (6) consecutive days pr to the s ' ing,and did also notify the said
owners of the said hearing by posting a copy of the said notice them, at the post office, in the
City of Fort Worth,Texas, more than ten days prior to th a t earing;and,
WHEREAS, The said hearing in accordance with the olutio d notice was held by the
Board of Commissioners on the____....._.__.__.....day of........................... 1._
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.
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.
(2) That there is,and shall be,assessed against each of the owners of abutting property hereinbelow
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 property
of each, and the total amount in money hereby assessed against'each one, and his property, being as
follows, to-wit:
-r vu ...v sono m ma.nma,suua• . 'r rrtce Bid:,_
P Contrast lbtitWet s ded: June 3, 1910.
: Tease BitWlthic Co. Fsenvetfon,
t Parameat: 8ltullthic. Gµltar. -•"••;.,�, ,7
Y ���J�qne 70.^.0 'TO
PAFIItG ASSESSMENT FOR 8017TH MAIN1N STREET ]PROM MA@SsgLt•► 16.AVENUE, To
t TO G.,C.6 S.F.BY.RIGHT-0F-WAY.
Cost.
IIeolana(n.Coopersmith 2 8osedate. $5.40186 $274.68
A. Araese.i attd"Ltottvrn �Croef68........ Etosedale. b0 3:.=19148 7445
A. APAMan AW La MAINa Arnewlo.,9999.. 9 Q Rosedale. 49100 ,,Sy�y
A.Arneson,and Leonora,A,theidd......... 4 Q Hoecdale. 49386 O
A.Arneson and Li<-onora Aroesod......... 6 Q Itosedsle- GO .2 3".. $974.58
A.Arneson and Leonora Arneson......... 6 Q Rosedale. .. 84 5.49188 $401.30
Guy W. Gregory and Cora Gretory, east
120 feet of south half af......9999.. 2 Ryan @ Bertin.103 $4.64300 $467.94
Jennie M.Harvey and A.O.Harvey...... 3 Ryan a Bertin.103 $4.64308 $407.94
Emanuel Hebrew $est, buttoning at a
point of intersection of porch It.. of
Myrtle and the west line of South Main;
lhenon este sit.c north 173% lost;
Lhwee nett 261 feet; thence eoutn
173% feet; then east 251 feet to the
E DA ,ttli anOf 13004 alio I lot 25 and north 173% $4.54306 $76822
half .1. . .. ... .. 26 G W.P.Pntilloe. 76 $4.54308 $340.73
Frank B. Dattett and E. J. Dation,+all
o1 tat 27 and south halt of 9999..... 20 6 W. P.PI Mos. 76 ,4308 0.73
W. J. Gtivin. 99999999. 9999 28 5 W.P.Palilloe. SO 543on 2.715
.... ...
W.J. Gllvlo. 9999.9999...t......:.. 29 6 W P.Polities. 50 54306 $237.16
C. L. Henderson (widow)
S. E. Poster. ...9 9 9 9.9 9 9 9......... 30 5 W P.Patillos. 50 $4.54306 $227.15
$oBa Wilson. . .....9 9 9 9. 31 5 W.P.Patfllos. 00 $4.54308 $227.15
J. W.Allen and Xuattle 0,Allen........ U4 10 W. P. Patillos.50 $4.54808 2.715
W. J. Gllvin 9999..............9999.. 63 10 W. P. Patillos.b0 4.6430tl .271E
8. Strode. 9 9 9 9.. ... 62 10 W. P. Patillos.50 $144SU8 22715
J. 8. Johnston, Edna Schilder alld�Lotoe
Johnston. . 9999. 01 10 W. P. PBWlos.50 $4.,4308 �$$22.yYY7.16
E.T.Hollis, ........ OD 10 W. P. 1111,0.-0 $4.54308 3$:L715
Gteer
Trimble. ..................... 88 10 W. P. Patillos.BO .64300 :$2.7.16
$. L. Walker. 9 9 9 9 9 9 9 9............. 69 10 W. P. Patillos.50 84.54306 ..715
Fred Franke and Lena Fradke......... b0 10 W. P. Patillos.50 $4.543W $2':7.16
G. W. Moro 9999 5, 10 W. P. Patillos.So $4"48 U6 $227.15
H.B.Hames and Grace Sarna......... 64 10 W. P. Patilloe.56 $4.4300 $21;716
A. G. (lonaalee ...............�W 10 W. P. Patillos.50 $4.54300 $227.1,
G.W.Moro and M.A.1[ero........::.. 52 10 W. P. Patillas.60 $4.64300 $22716
W.L.Little and wife......I E. Li ...... $$66
00
C. P. Dalton..•.._...••.••••....••-- 50 10 W. P. Patillos.50 $4.54300 $2
27.15
.7.l.b
Gulf, Colorado 8 Santa Fe Railroad• be.
finnint t point of Intcrsectioonf.the
west lin:01 the Gttif..Colviadff
-re 8. O. W. wit7h� 0th5e east line of
South Main street; Chance north 527
feet; thealCs e�pt 316 feet; thence wet y
aiest ewd$. O. W. to yodnt of heBln- _
p1nt $4.6430d' iu7.e6
q.A•A ,tin .. ......'.............. 5 2 $t. Helens...... $4.54308 $2.7.16
44 A Austin 4 2 9t. Helena:... 60 $4.54300 $22716
A. F. Drysdale. Effie G. DryeBsle and 1.
W.Drauthon.lot 3 and south half ot.. 2 2 8t. 8elem.... 76 $4.54306 0940.79
C.C. Peters. Ermine ......re, lot 1 and 2 2 Bi Helena.,.. 78 $4.54308 $$40.73
north half ot. 8 $4
Thomns Bush and Lucy Bush........... 4 1 t. Helena.... 50 .,4300 $..7.15
Thoma,Bush and Lucy Bush........... 3 1 8t. Hdana.... 80 $4.54306 322716
Thomas Bush and Lucy Bosh........... 2 1 Bt. Helena.... 80 $4.54306227.1.5
Thomas Bush and Lucy Bueb........... 1 1 St. Helena.-% 60 $4.54300 .9711.
A.Arneson and Leonora Arneson......., d Q Rosedale. ..110 $4.54306 489.74
The Co.Mg.tton of the Sisters,o1 Charity
of the IncarnateWord (a corporation).
bCgintdnt at a pint of intersection of
a the north line of Ccrvis,treat with ibe
east line of South Main street;48
thence
{Orth,th 1,050 050 fee 2the eum Gulf, Colorado
k Santa Fe R.O.W,; thence 1070 feet
south,05t abut the said hue of R. O.
W.; thence 600 feet to the point of
beginning. 3155 $4.64308 $6888.1.8
$•E.
1of.
fpd W.C.Durin$m,pnW 8 R Rosedale. ..100 $5.49166 $54917
eel
Southern
feet
ern Land nd Co,nmMh�841es1o1 S and I R Rosedale . .. 60 $5.49186 $27448
south 18 feet of
Delphi. Ann Davison�(ad widow(..south
50 feet of Orth 184 feM 03.•r•••- 1 R Rosedale. .. 60 $6.49188 ;274.58
Delphia Ann Davison fm widow).south 34 1 $ Bosedale.
feet of north 134 Sect of $5.49188 $188.72
DelDhia Ann Davison (a widow). ::otic ""tt
56 1-3 test of north 100 feet of...... 1 R Rosedale ..50 $5.49186 $309.38
Dalphia Ann Davison (a widow). north 1 R HOWdale ..432.3 $5.49180
432.3 feet of $239.80
CLWof Fort Worth. 7nct of land;rondo;
386 feet on -.S aide of Main street.
being bonueed by South Main stre0t ON
the east; Be""" on Site eoullttt;Bt.
Louis on the west; and Myrtle 4$ m4 386 >64 64308 $1763.82
north.
GRASID TOTAL. _ •.. _ __$E6.9b1.79
(•-.tea..__ _._ _-,.__ .. .. .....ate..«._-...__�__..__._ _ - --
RM NO.14 CONTINUlD
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 accceptance 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 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 Texas Bitulithic Company, the contractor for the said
improvement, assignable certificates against the owners of said property, and against theirl'said prop-
erty,which said certific e shall declare the said sums to be due and payable in instalments as herein
provided after comp ig�a d acceptance of said work,and shall be�payable to the said Texas Bitulithic
Company, and s toLM amount due from each property owner, and hereby assessed against his
property, and t e intere�eae!t
hreon, herein fixed at eight per cent (8%) per annum,and each cer-
tificate shall reci an eclare that the same is secured by a lien against the property of such
owner, and personal liabilio owner, ani shall describe such property by number and block, or
such other description y Iden ' the same with reference to any other fact recited, and by the
name of the owner an the 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 at if th mount therein declared or any instalment of principal or in-
terest thereof shall not be pa wh#duthe whole amount thereof shall be collectible with accrued
interest, and with court costs, andtorney's fees, if same have been incurred, and shall
recite the proceedings with referenrovements have been made in compliance with the terms
thereof and the charter of the Cit ,end that all pre-requisites to the fixing of the liens
and personal-liability,evidenced laatz�s, have been performed. Said certificates shall be
executed by the Mayor and attested by the it ecretary with the corporate seal. Said certificates shall
provide that the same shall be payable to a ax Collect of the City, who shall issue his receipts for
payment thereon,which receipts shall be e i nce o u payment, on any demand for same by virtue
of the said certificate, or any independent contra pay a same, entered into by the owner of
property therein described, and shall provide t is he Tax o ctor shall deposit all sums received by
him on said certificates with the City Treasurer and th sai ity Treasurer shall keep the same in
a separate fund, which fund is hereby designated as a ......._....._th 'twin .;tro*t
-----------------------_........... - - - ....._.............-
CERTIFICATE FUND No--.—.--., and that whenev y payme ay be made to the Tax Collector
upon such certificate, it shall be his duty on presentation t mad contractor, or the holder
thereof, to Iendorae said payment thereon, and the con ac o S/bolder of such certificate, shall
be entitled to receive from the City Treasurer the a o aid up n presentation of the said
certificate, credited with the amount paid thereon, and t a gaid en rs ment and credits shall be
the Treasurer's warrant for making such payment to the said co a r, and that such a payment
by the Treasurer shall also be receipted for by the said holder . w ing to said Treasurer, or by
the surrender of said certificate,when the principal thereof, toge r wit c e interest and cost of
collection, shall be paid in full. That said certificates may be issued, w' p n thereto attached evi-
dencing the several instalments of principal and interest thereof, wh c c ons shall be executed and
attested by the Mayor and City Secretary as are said certificates un t 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 instalment evidenced by a coupon, such
coupon shall be creditecT by the City Tax Collector and"surrendered to the-My 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.
I hereby certify that the above and foregoing Ordinance was duly presented, pass
ed and adopted by the Board of Commissioners.-of the City of Fort Worth, Texas,
at a Regular session of said Board held Juli'jr- A. D. 1920.
James Liston, Jr.,
�1 �ff
Cit y sa retary