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State of Texas, Tarrant County.
I, Bert Honea, cashier of The Star Publishing Company, publishers of The Fort Worth Star, hereby certify on the oath the The Fort Worth Star is a daily newspaper, printed in Fort Worth, Tarrant County, Texas, and the notice, of which a copy, with bill appears on the attached papert hereto, was published in said news-paper on Oct 24 - 31 and Nov 7 - 14 1907 Bert Honea Subscribed and sworn before me on this 6th day of Dec -07 [Mhevy] Notary Public, Tarrant County, Texas .
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ORDER OF THE BOARD [overlaid by clipping] E PROTESTS OF PROPERTY OWNERS CONCERNING THE PAV [overlaid by clipping] T OVERRULING SAID PROTESTS AND REQUIRING SAID [overlaid by clipping] CCORDANCE WITH ORDER HERETOFORE MADE BY THE BOA [ovrlaid by clipping]
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ORDER OF THE BOARD OF COMMISSIONERS ON THE PROTESTS OF PROPERTY OWNERS CONCERNING THE PAVEMENT OF HEMPHILL STREET OVERRULING SAID PROTESTS AND REQUIRING SAID STREET TO BE PAVED IN ACCORDANCE WITH ORDER HERETOFORE MADE BY THE BOARD OF COMMISSIONERS.
Before the city commissioners of the City of Fort Worth, Texas, in regular session on the 10th day of September, 1907, came on to be heard the objections and protests of the owners of property abutting on Hemphill stret between Jassemine and Magnolia streets in said city, to the order of the board of commissioners declaring that the owners of said abutting property and the Northern Texas Traction company owning tracts, etc., on said street were called upon to construct a bitulithic pavement in front of their properties and between its tracks and 18 inches on the outside of the rails of said Northern Texas Traction company, respectively, as shown by said order in accordance with the Warren Brothers' specification, form B, on file in the office of the city secretary of the city of Fort Worth, Texas, as appears of record on pages 505, 506, 507, 508, and 509, of book R, Minutes of the Board of Commissioners of the city of Fort Worth to which reference is made; and it appearing to the board of commissioners that said order has been published, in compliance with the law in such cases, provided, in the official newspaper of the city of Fort Worth, and the said objections and protests having been heard and carefully considered the board of commissioners is of the opinion that said objection and protests are not well taken and they and each of them are hereby overruled and that it appearing to the board of commissioners that said improvements are necessary and advisable and will enhance the value and be of advantage to said property and the respective owners thereof in an amount equal to the cost of the construction of said payment.
It is therefore ordered by the board of commissioners that said pavement be constructed, and that the same be done by the respective abutting property owners, in front of their said property from the curb line of said street to within 18 inches of the outer rail of the said car tracks of the Northern Texas Traction company situated on said street; and the Northern Texas Traction company is hereby ordered to construct said pavement on said street within the limits above mentioned on all of said street between its said rails and for 18 inches on the outside of same.
It is further ordered that said respective property owners and said Northern Texas Traction company shall complete said improvements within 90 days from the date of the service of notice of this order, which service shall be given by the city secretary of the city of Fort Worth by causing the publication of the same to be made for four consecutive weeks in the official newspaper in the city of Fort Worth, and if said pavement has not been made at the expiration of said 90 days it is hereby furher ordered that the same be done by the Texas Bitulithic company under the construction and supervision of the city engineer of the city of Fort Worth and in accordance with the same specifications as aforesaid, the same to be done by virtue of the contract to be reduced to writing and signed by said Texas Bitulithic company and such party on behalf of the city of Fort Worth as may be directed by this board of commissioners for which said paving is done by said Texas Bitulithic company the sum of $2.35 per square yard as the cost for such paving in front of their respective properties, and the Northern Texas Traction company shall pay the said Texas Bitulithic company $2.35 per square yard for such paving between its said rails and 18 inches on the outside thereof, and the city of Fort Worth shall pay the cost of having the intersection of said street within said limits, except that part of said intersection to be paid for by the said Northern Texas Traction company, the sum of $2.35 for the cost of said pavement as aforesaid, which the board of commissioners finds to be the reasonable cost thereof, is hereby levied and taxed as the cost of said improvements against the respective abutting pieces of peroperty in said street and the tracks, right of way and franchises of said Northern Texas Traction company each piece of property, with property rights of said Northern Texas Traction company, being taxed only for the cost of such improvement in front of or upon the said property respectively, and a lien is hereby created and declared to exist upon the abutting properties respectively and the said property of the Northern Texas Traction company to secure the payment of the respective amount assessed against the property and the respective owners thereof personally, to be paid by each in the proportion to the amount of the cost of such paving in front of and upon said respective property which said amount may be collected of the respective property owners and the lien hereby created may be foreclosed by in suit in any court of competent jurisdiction by said Texas Bitulithic company or the owners or holders of such indebtedness or any part thereof.
And the said amount of said costs of paving from and after they shall become due, which will be upon the completion of said pavement and the acceptance by the city engineer and this board of commissioners, shall draw 10 per cent interest per annum until paid and all past due interest shall draw interest at the rate of 10 per cent per annum.
I hereby certify that the foregoing order was duly presented and unanimously passed by the board of commissioners of the city of Fort Worth at a session held Oct. 22, 1907. W. J. ESTES, City Secretary.
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Before the City Commissioners of the City of Ft. Worth, Texas in regular session on this 10th day of Sept. 1907 came on to be heard the objections and protests of the owners of property abutting on Hemphill Street between Jassamine and Magnolia Streets in said City, to the order of the Board of Commissioners declaring that the owners of said abutting property and the Northern Texas Traction Company owning tracks, etc., on said street, were called upon to construct a bitulithic pavement in front of their properties and between its tracks and 18 inches on the out side of the rails of said Northern Texas Traction Company, respectively, as shown by said order in accordance with Warren Brothers specification, form B on file in the office of the City Secretary of the city of Ft. Worth, Texas, as appears of record on Pages 505,506,507,508, and 509, of Book R, Minutes of the Board of Commissioners of the city of Ft. Worth to which reference is made; and it appearing to the Board of Commissioners that said order has been published, in compliance with the law in such cases, provided, in the official news paper of the City of Ft. Worth, and the said objections and protests having been heard and carefully considered the Board of Commissioners is of the opinion that said objection and protests are not well taken and they and each of them are hereby overruled and that it appearing to the Board of Commissioners that said improvements are necessary and advisable and will enhance the value and be of advantage to said property and the respective owners thereof in an amount equal to the cost of the construction of said payment.
It is therefore ordered by the Board of Commissioners that said pavement be constructed, and that the same be done, by the respective abutting property owners, in front of their said property from the curb line of said street to within 18 inches of the outer rail of the said car tracks of the Northern Texas Traction Company situated on said street; and the Northern Texas Traction Company is hereby ordered to construct said pavement on said street within the limits above mentioned on all of said street between its said rails and for 18 inches on the outside of same.
It is further ordered that said respective property owners and said Northern Texas Traction Company shall complete said improvements within
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90 days from the date of the service of notice of this order, which service shall be given by the City Secretary of the City of Ft. Worth by causing the publication of the same to be made for four consecutive weeks in the official newspaper in the City of Ft. Worth, and if said pavement has not been made at the expiration of said 90 days it is hereby furher ordered that the same be done by the Texas Bitulithic Company under the construction and supervision of the City Engineer of the City of Ft. Worth and in accordance with the same specifications as aforesaid, the same to be done by virtue of the contract to be reduced to writing and signed by said Texas Bitulithic Company and such property and beholdings party on behalf of the City of Ft. Worth as may be directed by this Coard of Commissioners for which said paving is done by said Texas Bitulithic Company the respective propery owners shall pay the Texas Bitulithic Company the sum of $2.35 per square yard as the cost for such paving in front of their respective properties, and the Northern Texas Traction company shall pay the said Texas Bitulithic company $2.35 per square yard for such paving between its said rails and 18 inches on the outside thereof, and the City of Ft. Worth shall pay for the cost of having the intersection of said street within said limits, except that part of said intersection to be paid for by the said Northern Texas Traction company, the sum of $2.35 for the cost of said pavement as aforesaid, which the Board of Commissioners finds to be the reasonable cost thereof, is hereby levied and taxed as the cost of said improvements against the respective abutting pieces of property in said street and the tracks, right of way and franchises of said Northern Texas Traction Company which each piece of property, with property rights of said Northern Texas Traction company, being taxed only for the cost of such pavement in front of or upon the said property respectively, and a lien is hereby created and declared to exist upon the abutting properties respectively the and the said property of the Northern Texas Traction company to secure the payment of the respective amount assessed against the property and the respective owners thereof personally, to be paid by each in the proportion to the amount of the cost of such paving in front of and upon said respective property which said amount may be collected of the respective property owners and the Lien hereby created may be foreclosed by in suit in any Court of compe