HomeMy WebLinkAboutOrdinance 4221 ORDINANCE N0. ZZ,2,2
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF 5.( _ STREET IN THE CITY OF FORT
WORTH, TEXAS, 11FITHIN THE LIMITS HEREIN DEFINED, BE
IMPROVED; PROVIDING THE MANNER IN WHICH TIE COST OF
SUCH IMPROVEMENTS SHALL BE PAID; DIRECTING THE CITY
ENGI_NEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS
FOR SUCH IMPROVEMENTS; DIRECTING THE CITY SECRETARY TO
FI%E A NOTICE Or THE ADOPTION OF THIS ORDINANCE WITH
THE COUNTY CLERK OF TARRANT COUNTY, TEiW; AND DECLARING
THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDING RFr-
LATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PURSUANT
TO THE ACT OF THE FIRST—CALLED SESSION OF THE FORTIETH
LEGISLATURE OF THE STATE, OF TEZAS, CHAPTER 106, COMMONLY
KNOWN AS ARTICLE 1105b OF THE V32NONIS STATUTUES OF TEXAS.
WHERiAS, the City Council of the City of Fort Worth, Texas, has
determined that a public necessity exists for and has decided to order the
improvement of the hereinafter described portion of a street in the City of
Fort Worth in the manner hereinafter provided; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TZIAS:
SECTION 1.
That there exists a public necessity, and said City Council does
hereby determine that it is necessary to permanently improve the following
described portion of a street within the City of Fort Worth, Texas, as follows,
to—wit:
SOUTH GROVE: from the north line of Ripy Street to the south
line of Shaw Street, known and designated as
Unit I.
SOUTH GROVE: from the south line of Shaw Street to the north
line of Bowie Street, known and designated as
Unit II.
SECTION 2.
That there is hereby ordered that said street within the limits
hereinabove described shall be improved by raising, grading, filling, widening,
permanently paving or repaving same by the construction, reconstruction, repairing
or realigning of concrete curbs and gutters in the manner and where the City
Engineer determines that adequate curbs and gutters are not now installed on
proper grade and line, and by construction of such drains and other necessary
incidentals and appurtenances as deemed necessary by said City Engineer, said
permanent paving to consist of the construction of an adequate wearing surface
upon a substantial base course, both of such type, construction, materials and
thickness as is deemed adequate and proper by said Engineer, and all of said
improvements to be as provided for in the plans and specifications therefore,
to be prepared by said City Engineer as hereinafter directed, and as shall be
approved and adopted by the City Council. That the area of the above street
within the limits above defined lying between and under rails, double tracks,
turnouts and switches, and two feet on each side thereof, of any railway,
street railway or interurban using, occupying or crossing said street within
the limits defined shall be improved with such type of construction and of such
material or materials and to such specifications and standards as said City
Engineer may deem adequate and suitable therefor, whether the improvements in
such area be of the same construction and materials adopted for the other area
of said street or not.
SECTION 3.
That in providing for and making such improvements, said City Council
deems it advisable and hereby determines to proceed under and in the exercise
of the powers, terms and provisions of Chapter 106 of the Acts of the First-
Called Session of the Fortieth Legislature of the State of Texas, which is
known and shown as Article 1105b of the Revised Civil Statutes of Texas, 1925,
as amended, and as adopted by the City of Fort Worth as Section 17, Chapter
DLII, of the Charter of said City.
SECTION 4.
That the City Engineer is hereby directed to forthwith prepare and
file with the City Council complete plans and specifications for such improve-
ments.
SECTION 5.
That the cost of said improvements shall be paid for as follows,
to-wit:
(a) The cost of constructing, reconstructing or repairing said
improvements within the area between rails, tracks, double tracks, turnouts
and switches, and two feet on each side thereof, of any railway, street rail-
way or interurban using, occupying or crossing such street or any portion
thereof hereby ordered improved shall be paid by the respective owners thereof
and assessed against such railway, street railway or interurban and its roadbed,
ties, rails, fixtures, rights and franchises and the real and true owners thereof
in the manner provided by the said Act of the Fortieth Legislature of the State
of Texas (1927) above identified.
OFFICIAL RECORD 1
CITY SECRETARY
FT. WORTH, 1E�(.
(b) The property abutting on that portion of the street and the
real and true owners thereof shall pay all of the cost of the curbs and gutters
in front of their property and not exceeding nine-tenths (9/10) of the estimated
cost of the remain-der of such improvements, exclusive, However, of the amount
thereof herein specified to be paid by the owners of any railway, street railway
or interurban as set out in subsection (a) above.
(c) The City of Fort Borth shall pay all of the remainder of the
cost of said improvements after deducting the amounts herein specified to be
paid by any railway, street railway or interurban and by the abutting properties
and the real and true owners thereof, as set out above in subsections (a) and
(b) respectively.
That the amounts payable by the abutting: properties and the real and
true owners thereof shall be assessed against such properties and the real and
true owners thereof and shall constitute a first and prior lien upon such pro-
perties and a personal liability of the real and true owners thereof, and shall
be payable as follows, to-wit:
?Then said improvements are completed and accepted by the City Council,
the amounts payable by and assessed against the property abutting thereon and
the real and true ouners thereof shall be and become payable in five (5) equal
installments, due respectively on twenty (20) days, one (1), two (2), three (3),
and four (4) years from the date of said acceptance by said City Council, to-
gether with interest thereon from said date of acceptance at the rate of six per
cent (65;/) per annum, payable annually; provided, however, that the owners of
said property shall have the privilege of paying any one of or all of such
installments at any time before maturity thereof by paying the total amount of
principal due, together with interest accrued to the date of payment. Further,
if default be made in the payments of any of said installments of principal or
interest promptly as same natures, then at the option of the contractor or assigns
the entire amount of the assessment upon which such default is made shall be and
become i•umediately due and payable, together with reasonable attorney's fees and
collection costs, if incurred. However, it is specifically stipulated and pro-
vided that no assessments shall in any case be made against any property or the
real and true owners thereof in excess of the special benefits to accrue to such
property in the enhanced value thereof resulting from said improvements.
CS�ECRETARY
RECORD
SECTION 6.
That in the levying and making of said assessments, if the name of any
owner be unknoim, it shall be sufficient to so btate the fact, and if any property
be owned by an estate or by any firm or corporation, it shall be sufficient to so
state, and it shall not be necessary to give the correct name of any owner, but the
real and true owner of the property mentioned shall be liable and the assessment
against the property shall be valid iðer or not such ovmner be named or correctly
named. Farther, the omission of said improvements in front of any parcel of property
exempt from the lien of such assessments shall in nowise affect or impair the validity
of the assessments against the other abutting property in such street.
S.ECTI01% 7.
That the City Secretary is hereby directed to cause to be prepared a
notice of enactment of this ordinance and to file said notice with the County Clerk
of Tarrant County, Texas, among the i-iortgage Records of said county.
SECTION 8.
That this ordinance shall take effect and be in full force and effect from
and after the date of its passage, and it is so ordained.
APPiiOTTED AS TO FOIDI:
Assistant City Atborney
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December 18, 1959
Page 2
'rhe sped `ic.a'':.n_ iccl.-dF sn 71+ .r,a p for bids that would include the
service of a Fiscal hgert, whim wj l be rec:�rnmended if such Is the lowest
and best bid. The two projects now L,ederway with fiscal agent services are,
according to the Public; Works Department, proving to be very satisfactory
and are showirg a saving to the Ci+y and to the property owners.
The necessary storm drairs can be constructed while'the legal procedure for
the paving is in progress, and wil•i not cause a delav in the street constuc
tion.
•
Because this proiec* was not aIticinmled In t'me for this year's program,
It is necessary that it be financed from the 1960 Bond Sale. It is recom-
. mended that an appropriation reonest for $139,000.00 be approved from 94
Bond Fund, 1960 Bond Sale to pby the anticipated cost to the City. The
appropriation request to finance the storm sewer construction will be made
at a later date. However, provic;ion• for the funds will be made in the
next sale of storm sewer bonds.
Respectfully submitted, -
LPC:lhF' C ham
City Manager