Loading...
HomeMy WebLinkAboutOrdinance 1297 i 4 � O ORDINANCE NO.- AN ORDINANCE ENTITLED AN ORDINANCE TO LEVY AN ASSESSMENT UPON LOTS AND PIECES OF PROPERTY ABUTTING MA GN.LIA STREET FROM ITS INTERSECTION WITH THE EAST LINE OF EIGHTH AVENUE TO ITS INTERSECTION WITH THE VNFE$T LINE OF SOUTH MAIN STREET, FOR THE PURPOSE OF PAYING THE COST OF IMPROVEMENT THEREOF, AND FIXING A LIEN ON EACH PARCEL OF SAID PROPERTY, TO SECURE THE PAYMENT OF THE ASSESSMENT THEREON, AND DECLARING SAID ASSESSMENTS A PERSONAL LIABILITY AND CLAIM A- GAINST THE SEVERAL OWNERS OF THE SAID PROPERTY, AND PROVIDING FOR THE COLLECTION AND ENFORFEMEENT THEREOF. BE IT ORDAINED BY THE CITY. CUUNCIL OF THE 0i-BY OF FORT WORTH, TEXAS: SECT"-ON I. THAT WHEREAS, the City Council_ of said City has by resolution ordered the improvement of Magnolia Street from its intersection with the east line of Eighth Avenue to its intersection with the west line of south main street —: in said City by lighting same with eleettic lights on ornuT,ntal concrete standards; and WHEREAS, an estj:mate of said work and specifications therefore have been filed with the City Council by the City En- gineer and approved by the Council; and WHEREAS, after notice as required by the general laws of the State of Texas, passed by the 38th Legislature, Chapter IX and Ordinances of the said City, full and fair hearing has been granted to the owners of property abutting upon said pro- posed improvement at which hearing all contests to said assess- ments and objections thereto, and the evidence with reference thereto has been fully heard and considered by the Council* and the said Council has determined and adjudged the several amounts which should be assessed against each owner of property and �his or her property and has determined and adjudged the equities and rights of the several owners of the property interested; and WHEREAS, the said Council has fully and fairly considered and adjudged the respective benefits accruing to said several owners and their property, by means of said improvements, and has adjudged that in each assessment hereinafter made against the several owners of property herein named and their property, the benefits received by said respective pieces of lots of pro- perty and their owners will exceed the respective amounts as- sessed against the same in each case NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS; SECTION II. That there shall be and is hereby expressly-dssesc.ed against each of the several owners hereinafter named, and their several lots or pieces of property owned by them respectively hereinafter described, abutting on said proposed improvement, the several sums hereinafter mentioned, and said several sums so assessed are hereby declared to be a personal liability which shall be discharged and paid, with interest and penalties, as herein provided, by said several owners, and a lien is hereby declared and fixed upon each of several lots or pieces of ground to secure the payment of the sum assessed against the same, with interest and penalties which may be enforced against said premises and the owners thereof as hereinafter provided; the said owners and the •lots or pieces of ground owned by them re- spectively and the amounts of the respective assessments hereby made, against each owner and his property are named, described and fixed as set forth in the attached table. SECTION III. That a5 said imprcvemer..t is completed and in opera- tion in front of each piece or parcel of ground, the City Rn- gineer shall inspect the same, and if he shall approve same, he shall certify his said approval to the City Council, which may accept or reject the same. Upon the acceptance of such work in front of-any_pisre_or_parcg1 of ground by the City Council the amount assessed against the sane and the owner thereof as herein provided shall at once become payable by said owner. Said owner may, however, at his option, pay one-fifth of said assess- ment when due in cash, one-fifth on or before one year from the date when tW first installment becomes due, one-fifth on or be- fore two years from said date, one-fifth on or before three years from said dte and one-fifth on or before four years from said date, with interost on deferred payments from said date until paid at the rate of 7% per annum, with the usual provision for attor- neyTs fees in the event of default, and provision that if default shall be made in the payment of any installment when due, then the whole of said installments shall at once become due and col- lectable. SEC TI OPT IV. That if the amount assessed against any particular piece of land heroin described amd its owner, shell not be paid within 30 days after becoming due, as specified in the preced- ing section, there shall be added to said sum a penalty of ten per cent (10%) of the amount thereof, which shall be secured and -calleeted in the manner az---sa i-a.ssessirent. SECTION V. That Then said improvement shall be completed and in operation in front of any parcel of 1^nd herein mentioned, and shall be approved by tha City Engineer and said Council 'gas herein provided, if the maount assessed against said parcel and the owner thereof shall not be paid mmedi r'.e1;�, the City �- gineer shall at once make out ^nd fi'.-c tha Gity Cler'; for Ar- the use of the mayor a statement of the expense of the work charged to such owner, and his property, the amount assess,-" against said owner and a fair description of his property. av_:,:ch description may be by lot, block or plat number, or by refurEnce to tha records, or ja other manner which will sufficient]�— identi- fy the same. The said statement shall also stage the date when the said amount assessed became due, and the amount of penalties thereon, and date when said penalties will accrue, and shall state that interest is payable upon the a^iount assessed at the rate of 7% per ariniLn from the date of said statement, and that the amounts evidenced by said statement are payable and secured by lien on said premises duly fixed by the City. Said statement or certificate shall also -recite that all legal prerequisites -nd all things necessary 7c the validity and enfcreibility of said assessment and lien upon the said parcel of land, and of the personal/liability d'c1 d against the-owner Lheroof, Lave � done and performed in accordance with the general laws/of the Stat : of Texas as passed by the 38th Legislature, Chapter IY and the Ordinances of the City, finich recital shall be prima facie evidence of the truth of the facts so recited, and shall without further evidence be in �Ui courtj taken and accepted as true. The said statement so prepared by the Gity Engineer shall be signed by him and filed with the City Clerk fur the use of the Mayor. Passed and �ippro veri th^-�.----__day A. D. 1927. Mayor ATTI,':ST i y Secretarv*- reasui er - ORDINANCE Title_ 1� .5_ � o Date-- JP'' Filed / day of 19. City Secretary