HomeMy WebLinkAboutOrdinance 62 ORDINANCE NO. 62.
An ordinance providing for a method of appeal to the Dis-
trict Court of Tarrant County,Texas,by owners of abutting propu
erty,from the order of the Board of Commissioners fixing an assess-
ment and lien against such property for street paving or side-walk
purposes.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY . �
OF FORT WORTH!-
Section 1. That when the Board of Commissioners of the City
of Fort North shall have made a final order assessing abutting
property and declaring4a lien thereon for street paving or side-
walk purpdees,.as the case may be,the owner of such property af-
fected by such order shall, upon complying with the provisions
of this ordinance, have a right of appeal to the District Court
of Tarrant Oounty,Texas, to review such order fixing said assess-
ment and lien.
Section 2. Such owner,dissatisfied with the action of the '
Board of Commissioners respecting said assessment,shall,within
ten days from the date of such order, file with the City Secre-
tary of the City of Fort Worth a petition for review,in the na-
ture of Q bill of complaint,setting forth the grounds and assign-
ing the errors upon which he relies for revision, signed by 'such
owner, his agent or counsel, which said petition shall be accom-
panied by a bond,with two or more good and sufficient sureties,
payable to the City of Fort Worth, to be approved by said City
Becretary,conditioned that the said appellant will pay all costs
that may accrue-im, the i,a adtucled against
him, and further conditioned that he will abide the sentence, judg-
ment or decree of the District Court.
Section 3. When said petition and bond shall have been filed
and approved, then it shall be the duty of the City Secretary of
the City of Fort Worth to make up a transcript of the records of
the Board of Commissioners touching the matter upon which appeal
is sought,and incorporate in said transcript said petition for
review and the bond so to be given, and shall certify same under
his hand and seal. Said transcript shall be made up and completed
within ten days after said bond shall have been filed with said
City Secreta"j, and upon the completion of such transcript it
shall be the duty of the appealing party,within five days there-
after, to file said transcript in the,District Court of Tarrant
County,Texas,whose term shall be nearest in point of time there-
from,and thereupon same shall -be docketed upon the docket of the
District Court in the name of said appealing party as plaintiff
and the City of Fort North as defendant. :
Seotio 4�e City of Fort Worth shall have the right, upo n
- the tri al DI ca�isw-In � 0S La� L"V
other proper plea, to, ask for affirmative relief for the fore-
closure of the lien sought to be declared in the order of the
Board of Commissioners upon the property of the appealing; party.
Section,'). This ordinance shall take effect and be in force
from and after its passage,and it is so ordained.
I hereby certify that the above and foregoing ordinance was pres-
ented and unanimously passed by the Board of Commissioners of the City
of Fort Worth, at a session held, April lst, 1908.
City S' retaru.