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HomeMy WebLinkAboutOrdinance 318 AN ORDINANCE LEVYING, ASSESSING, AND 0 42,aING AGAINST THE PROPERTY LIABLE THEREFOR AND THE RESPECTITTE O ul�'vTERS THEREC'F A PART uF THE COST. OF THE IMPROVEI,,'EN'T line of IItLa hil-l_Street to west ropert� line of Jennies Avenue-------__, _ IN ,.HE CITY OF FOP' l WORTH UNDER THE CON- TRACT BETWEEN SAID CITY AND ROACH -VAN.4GAN PAVI:N(] COMPANY T=iEREFOR, BE IT ORDAINED BY TEE B0,?RiO OF COIiRIISSI0I3ERS OF T:LE CITY OF FORT WORTH; SECTION 1. The said city heretofore duly entered into a contract with the Roach-Man4wgan Paving Company to Peter Smith Street,_ from_east_oro,perty line_of improve--------__--------- ----------- Hem-Qhill Street to west ^property line of Jennings Avenue _ 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 anti 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 provid- 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 2 hereinafter stated such rule of apportionment as would effect substantial equality and justice between the sever- al property owners Pfected, having in view the benefits received and burdens imposed on such owners respectively for the reason that in the opinion of the said Board :af assess- ment of the cost of the said improvement against the pro- party abutting upon said improvement and its owners 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 &-f- 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 againstCany 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 deter-mined 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 has been and is determined and adjust- ed by said Board, that is to say: PAVI_''G ASSESSI TT FCR 'E'1'HR SI.ITH STREET, FROZ THE EAST PROPERTY LEE OF HDI.T- HILL STRI 'T TO THL WEEST PROPERTY LIITE OF JMT- ITIITGS AVEiTLD. RATE- IT A X E LOT RLY. ADDITIOIT 4TTG. SQ.YDS. COST PERM 1''re. Ike Block- S.4 of W. 100' of 3 36 =111I.NGS 30. 100 125.556 �244.83$2.4483 J.F. Gardner-S.* of E.50' of W.1501of 3 36 " " 50 62.778 122.42 " P.J. Connelly-E. 70*t Of S. 65' of. .. 3 36 It " 70* 88.307 172,20 " P.J Conrelly-S.67, OiXT W.110' of.,.. 4 36 " " 110 138.111 269.32 " E.F. Eitleman-S.67+ Of 111.110' of...... 4 36 " " 110 138.111 269.32 " Mrs.M.A. Frazier-11. 50, of E.110' of... 1 37 " " 110 138.111 269.32 " R:re.Olive Hicke-E 501of W.1751of iT.jof 1 37 " ° 50 62,778 122.42 " F,A. IT,illander-E. 50 t of W.125'of iq?.* It 1 37 It " 50 62.778 122.4V " Mrs. Bettie Terry- W. 751 of Y4 of.... .1 37 " " 75 94.167 183.62 N.L. T.hRcker-I;.501 Of T. * of.. ... ....2 37 " " 50 62,778 122.42 " Lire. I%ry B Hane-R. 501of W.1501of 11.Jof 2 37 " " 50 62.778 122.42 " J.H Hal loran-1T.501 of W.100' of...... 2 37 " ° 100 126.556 244,83 " TOTAL FOR PROPERTY OG1LMR6. .. . .. . . . . ... 1161.809 02265.54 CITY OF FORT WORTH. ... . .. ... 75.35,¢„ 146.94 GFAITD TOTAL. . ... . . . .. 1237.165 $2412.48 l 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 against the 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 theta 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 annurr; but if default is made in the payment of any in- stallment when due, then the unpaid 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 onstituting 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(4 i 5 - and ordiDances of the City of Tort Worth. SECTION 6 . This ordinance shall tale effect from and after .its passage. I hereby pert ify t that the above APPROVED TO FOM and fore going ordinance was duly presented and Vna.nimc sly passed and adopted by the board of Commissioners , of the City of Fort Worth at a session, of City Attorney. said Boardheld Tuesdaj July 16tha I912 City 'Seoretary.