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HomeMy WebLinkAboutOrdinance 312 . 3 AN ORDINANCE LEVYING, AcSESCINIS, ANDA"RCx1"M AGf1,777 THS+' 771-77-77-T7 T.; �r;T';, THEREFOR AND THE RESPECTIVE OWNERS THEREOF A PART OF THE COST OF THE IMPROVEMENT ON---Twenty-third Street,_ ftgq_tAst property line of North Main Street to West line of Marine Creek ---- IN THE CITY OF FOR T WORTH UNDER THE CON- TRACT BETWEEN SAID CITY AND ROACH -MANII'GAN PAVING COMPANY THEREFOR, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH; SECTION 1 . The said city heretofore duly entered into a contract with the Roach-Manftgan Va}ing Compan7 to improve---TVMV--thirc1- S reet., !nM_ea.e.t._ op.Prty lin af_ North_l in trrQgt_t_Q_we soli n� _2f .Marina Creek and all of the official proceedings prescribed by the charter and ordinanc- es of said city have heretofore been duly and regularly taken and enacted by the said city to enable it to levy, assess and charge the part of the cost of the said improvements required by the said contract to be paid by the property abutting there- on and its owners, and each and every notice and hearing Prov-i4iz- ed for by the charter and ordinances of said city in that re- spect has been given and had. SECTION 2. The Board of Commissioners of said � City adopted in making the apportionments and assessments A � 2 hereinafter stated such rule of apportionment as would effect substantial equality and justice between the sever- al property ownerstVffected, having in view the benefits received and burdens imposed on such owners respectively for the reason that in the opinion of the said Board of assess- ment of the cost of the said improvement against the pro- perty abutti?T. upon said iri)provement, and' i'U s ownur•s in the proportion of the frontage of the property of each owner to the whole frontage of property to be improved, and in ac- cordance with the front foot rule -jM rule-jplan Mould in the opinion of the Board operate unjustly in particular cases ; and in the assessments hereinafter recited on part of such cost assessed against any owner of his property is in excess of the special benefits thereto in enhanced value thereof arising from improvement. SECTION 3 . The said Board of Commissioners after having given the notice and afforded the hearing provided for in the charter of said city in respect to such assess- ments , duly inquired into, determined and adjudged all ques- tions relating to the said assessment and to the regularity of the said improvement proceedings and the amount and validi- ty of the assessment and charge of personal liability against the persons and property hereinafter recited, and determined that the said assessment and charges of personal liability hereinafter recited are legal, equitable and valid. SECTION 4. There is hereby assessed, charged and levied against the several owners of property hereinafter named, and against the respective lots , tracts or parcels of property owned by them respectively described opposite their names , abutting on that part of the said highway to be improved as aforesaid, the amount set opposite the names of 3 - the property owners and the property owned by them respec- tively, to pay their just share of the cost of the said improvement as the same hes been and is determined and adjust- ed by said Board, that is to say: 14� 04 n VK 00 r: n Mr iKz an IrA v , bZ 10 0 --, ", 4* �40 W4 V4 r4 r-G V.4 "4 c f- f- r4 CC Ow 4a C; K Oki 9 r,4 ss 40 KI CV ort CD Sm 0 W?CV 0 40 40 tit C2 lot st V lie 'I �2 4 - SECTION 5 . A lien is hereby created and fixed against each and every lot, tract or parcel of land above described, superior to all the liens , claims or titles except lawful taxes, to secure the payment of the amount assessed and charged a.gairis L vie same as aforesaid, together with interest and costs of collection including a reasonable attorney' s fee when incurred, and the respective owners of the said tracts of land are hereby declared to be personally liable for the payment of the amount asseseed against them, and the respective lots , tracts , or parcels of land owned by them and hereinbefore described, as aforesaid; and the amount so assessed and charged shall be payable as follows: one-third within thirty days after the completion and accep- tance of the work by the city; one-third in one year, and one third in two years after such date. All deferred payments, if no default is made in the payment of all installments when due, shall bear interest at the rate of six per cent per annum; but if default is made in the payment of any in- stallment when due, then the uripaid installments shall bear interest from date at the rate of eight per cent per annum, Any owner shall have the right to discharge any installment before maturity by paying same with accrued interest to the date of payment. Such deferred payments to be+. evidenced by improvement certificates to be issued by the said city pay- able to the said Roach-Manigan, constituting a personal liability against the respective property owners whose lands are assessed as aforsaid, and be secured by the lien here- in created and fixed against the respective lots or tracts of land; and the said improvement certificates shall be issued and be collectible in the manner and form prescribed by the Alk - 5 - and ordinances of the City of Fort Worth. SECTION 6. This ordinance shall take effect from and after its passage. I hereby certify that the above and fore going ordinance was duly APPROVED TO FORM presented and unanimously passed and adopted by the Board of Commissioners of the City of Fort Worth at a session (!G° of said Board held Tuesday June llth, 4Z76ity Attorney. _ 1912. 11 40 City Secretary.