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HomeMy WebLinkAboutOrdinance 278 AN ORDINANCE - LEVYING, ASSESSING, AND CHARGING AGAINST THE PROPERTY LIABLE THEREFOR IND THE RESPECTIVE OWNERS THEREOF A PART OF THE COST OF THE Ill?PROVEMENTS ON TERRELL AVENUE BETWEEN THE EAST LINE OF MISSOURI AVENUE AND THE EAST LINE OF EVANS AVENUE IN THE CITY OF FORT WORTH UNDER THE CONTRACT PETTEEN SAID CITY AND THE METROPOLITAN CONSTRUCTION COMPANY THEREFOR, ASSIGNED TO ROACH & V NIGAN. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF FORT WORTH: SECTION 1. The said city heretofore duly enter- ed into a contract with the Roach-Manigsn Paving Company to improve Terrell Avenue between the East line of Missouri Avenue and the East line of Evans Avenue; and all of the official proceedings prescribed by the charter and ordinanc- es of said city have heretofore been duly and regularly *aken and enacted by the said city to enable it to levy, assess and charge the pr..rt of the cost bd? the said improve- ments required by the said contract to be paid by the pro- perty abutting thereon and its owners, and each and every notice and hearing provided fgr by the charter and ordinances of said city in that respect has been given and had. SECTION 2. The Board of Commissioners of said City adopted in making the apportionments and assessments hereinafter stated such rule of apportionment as would effect substantial equality and justice between the several property owners affected, having in view the benefits re- ceived and burdens imposed on such owners respectively for the reason that in the opinion of the said Poard of assessment of the cost of the said it-provement against the property -2- abutting upon said improvement and its owners in the pro- portion 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 or plan would 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 or his property is in ex- cess of the special benefits thereto in enhanced value there- of arising from improvement. SECTION 3. The said Foerd of Commissioners after having given the notice end afforded the hearing provided for in the charter of said city in respect to such assess- ments, duly inquired into, determined and adjudged ell questions relating to the said assessment and to the regulari ty of the said improvement proceedings and the amount and validity of the assessments and charge of personal lie'.ility against the persons end property hereinafter recited, and determined that the said assessments 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 psrt of the said highway to be im- proved as aforesaid, the amount set opposite the names of 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 has been and is determined and ad- justed by said Board, that is to say; PAVING ASSESSMENT FOR TERRELL AVENUE, FROM THE EAST PROPERTY LINE CF MISSOURI AVE. TO THE EAST PROPERTY LINE OF EVANS AVE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RATE NAME LOT PIK. ADDITION FNTG. SQ. YDS. COST PER FT. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mrs. M.J.McNamare 7 5 Alford & Veal 154 239.555 t467.13 t3.0333 Mrs.M.J. McNamara 10 5 52 80.888 157.73 Sam Sturman 1 1 Evens South 147-1/2 229.444 447.42 TOTAL FOR PROPERTY OWNERS. . . . . . . . 549.887 1,072.28 TOTIL FOR CITY OF FORT WORTH. . . . . 155.555 303.33 TOTA..L FOR N. TEX. TRACTION CO. . . . 202.666 395.20 GRAND TOTAL.. . . . . . . . . . . . 908.108 1,770.81 Note: The description of the property was taken from Hawley's leap. SECTION 5. A lien is hereby treated and fixed against each and every lot, tract or parcel of land above described, superior to all other liens, claims or titles ex- cept lawful taxes , to secure the payment of the amount as- sedsed and eharged against the same as aforesaid, together with interest end 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 personrl- ly liable for the payment of the amount assessed against them, and the respective lots, tracts, or parcels of land owned by them and hereinbefore described, as aforesaid; and the amounts so assessed and c7darged shall be payable as fol- lows; one-third within thirty days after the completion and acceptance of the work by the city; one-third in one year, and one-third in two years after such date. 11 deferred pay- ments, if no default is made in the payment of all installments when due, shall beer interest at the rate of six per cent per annum; but i default be made in the payment of any Install- ment when due, then the unpaid installments shall bear inter- est from date at the rate of eight per cent per annum, Any owner shall have the right to discharge any installment be- fore 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-,i.anigan Paving Company constituting a personal liability against the respective property owners whose lands are assessed as aforesaid, and be secured by the lien herein created abd fixed against the respective lots or tracts of land; and the said improvement certificates shall be issued and be collectible in the manner end form prescrib- ed by the laws and ordinances of the City of Fort orth. SECTIO17 6. This ordinance shall take effect from and after its passage. IPPROVED TO POR?° City Ittorney. I hereby certify than the above and foregoing Ordinance was duly presented and unanimously passed and ad pt ed by the Roard of Commissioners of the Ci'.y of Fort Worth a; a session of said Board held Tuesday Ja.nu �r 2nd,1912. City ecretarY.