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HomeMy Public PortalAboutResolution No. 007-56 03-23-1956 1 WHEREAS, the Board of Aldermen of the Town of Richland Hills, Texas deems it necessary to permanently improve the hereinafter named street within the Town of Richland Hills, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF RICHLAND HILLS, TEXAS : Section 1 . That the following street beginning with the West line of intersection of Kingsbury and °iagnolia Park Drive THENCE; East along Manolia Park for Three (3) Blocks to the East line of intersection of Magnolia Park and Spruce Park: The lots abutting on said area to be improved are as follows: Lots 7 and 8 Block 34 Lots 7 and 8 Block 31 Lots 7 and 8 Block 32 Lots 1 and 13 Block 37 Lots 1 and 16 Block 36 Lots 1 and 19 Block 35 All in. theRichland Park Addition; shall be improved in the following manner, to-wit : ( 1 ) That the said streets shall be cut or filled so as to bring same to grade . (2) That the said streets shall be hard surfaced from curb to curb with a cold rolled hard. surface and curbs and gutters shall be paved all in accordance with good engineering practices . /'1 (3) The work shall be donw with the materials and according to the plans and methods selected by the Board of Aldermen. (4) The cost of said improvements shall be paid for as follows , to-wit : (a) The Town of Richland pills shall pay the cost of improving intersections of said Magnolia Park Drive with other streets and alleys . r III (b) That after deducting the portion of the cost provided for in said sub-section (a) above the whole remaining cost, including the cost of curbs and gutters shall be paid. by the owners of the property abutting on said Magnolia Park Drive • named to be paved,in the following manner, to- wit : The cost shall be assessed against said, owners and their property 0 respectively, in accordance with what is known as the "Front-Foot Plan", in proportion as the frontage of the property of each owner is to the whole frontage improved and shall be payable in monthly installments not to exceed sixty (60) in number, the first of which shall be payable within thirty (30) days from the date of the completion of saidimprove- ments and their acceptance by the Town, and one installment each month thereafter until paid, together with interest thereon at the rate of five (5%) per cent, with the provision that any of the aaid installments may be paid at any time before maturity by the payment of the principal and the accrued interest thereon. Any property owner against whom and whose property an assessment has been levied may pay the whole assessment chargeable to him without interest within thirty (30) days after the acceptance and completion of said improvements . Provided that, if the application of the above mentioned rule of apportionment between property owners would, in the opinion of the Board. of Aldermen, in particular• cases be unjust or unequal, it shall be the duty of the Board. of Aldermen, ID assess and apportion said cost in such manner as it may deem just and equitable, having in view the special benefits in enhanced value to be received by each owner of such property, the equities of owners, and the adjustment of such apportionment, so as to produce a substantial equality of benefits received by and burdens imposed upon such owners . That no such assessment shall be made against any owner of abutting property, until after the notice and hearing provided by law, and no 0 assessment shall be made against an owner of abutting property in excess of the benefits to such property in enhanced value thereof by means of such improvements . For that part of the cost of the improvements that shall be determined to be levied against the owners of abutting property and. their property shall be levied by assessment, as herein provided, and said improvements may further be secured by Mechanic 's Liens to be executed in favor of the Town of Richland Hills, provided by law in accordance with the terms and provisions of this resolution. Pav- ing certificates evidencing the assessment shall be issued in favor of the Town of Richland Hills, for the amount of the assessment, whether the property owners have executed. Mechanic 's Liens to secure the pay- ment or not, and shall be the y Re- volving Fund established fortheepurposeofsfinanciingepat of theimprovements . paving Section 2. The Board of Aldermen, in initiating this proceeding, is acting under the terms and provisions of the Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, together with any amendments thereto, now shown as Article 1105b of Vernon's Texas Civil Statutes, which said law, as an alternative m thod cor the con- struction of street improvements in the der"' ��'"" ~`' �"" been adopted i a , Texas, has Section 3. That this resolution shall take effect from and after its passage . PASSED AND APPROVED THIS DAY OF , 1956. APPROVED: -ATTEST' H mer Norton, Mayor r ey , es mi er, Secre ary