HomeMy WebLinkAboutOrdinance 28 r-
r ORDINANCE K0.28.
An Ord- nanoe providing for the paving of streets and thor-
oughfares in the dty of FOrtWorth, and prescribing how same
shall be done and the manIer of procedure with r®ferenoe thereto,
and prOVUUng for the assessment of the .eaipinee of such work
against abutting property owners and against the owners of street
car lines and declaring suoh expense to be a lien on abutjag
property and on suah oar ..ilyu s.
Be it Ordained, by the Board of Commissioners of the Oity of
Fort Forth:
Sooti-on 1. That when the Oonmissloner of Streots and P
li a Grounds &hall report to the Bward of aommisit ono rs that in
his opinion a public street or thar►or$hfare in said City of
Fort Worth should be paved with sore designated material in
order to make same suitable for travelland that a public neces-
sity exists for such pavllment,and that the value of property
abutting on su oh street would probably be enhanced in waluo
equal to the oust of such improvement; or when the owners of
property upon at eh strest,whose property oo�upie s more than
one-half of the frontage upon swab s tree t l shall pe ti tion the
Board of Comm ssionors to order the oanstruction of pavement
upon said street or any block or part of blooks or number of
blooks +thereon,designating the material of which said pavement
should be co Deposed; or when the Board of Commissioners, Inds-
pendently of such report or petition,should of their own motion$
d.eoide to consider the necessity and advantage of paving any
street or ptblio thoroughfare or any portion thereof within the
- • - .1 , ;..a -.& 6U- ..w--- Ua4 tis lvl :v
A 4
an to whether the propertw On suoh street will probably be
enhanoed 3n value In a sum equal to,or► app"Ximstsly e0,tza3 to,
or greater than the oust of the oonstruotl on of such port[ on
Of acid improvement, and If after such oonsideration, it is
deter ned by the Board of 8ommissioners that it is necessary
dnd will probably be to the advantage of such property abutting
on said street to have the same paved,then the said Hoard of go a-
saisdioners shall puss an ceder deola ring that the owners of
property abutting on said street are called upon to oonstruct
said .pavisent in front of their respective properties,spool fy-
ing t part of the street on or along which said improveaents
are to be so o ons tis o ted t and the said order shall be p ub%-
lishod In thi:oftioial n#.-*6paper of the dty once, a day for ten
conesoutive days; and should any p rson owning property on
said street be unwilling to pay his part of the cost of construce-
ting said imprq rewouts in front of the property aned by his or
her,then suoh person shall file or cause to be filed his or
her obaection and protest thereto on or before the re xt regular
we(A y meeting after the XiidtLl publioation of said ordor. And
at suoh regular meeting, or as soon thereafter as praotioable,
the Hoard shall again oonsider thwmttor and shall, hear objec-
tions Asad protests, if any,and hear evidtnae for and against
the necessity and ad°vi.sabili1V and advantage of the oonstruction
of suoh imple vements#&zA in the event said Board shod determine
that the same in necessary and advisable axed will be of advantage
to said abutting property in an amount equal to or approximately
to the oost of the oonstruotion thereof,then the said Hoard of
Co=aissioners shall order the aonstruotion of same and shall
order -the post theroal assessed &Aainet said property owners ao-
-3-
See, 2. When the Board of Commissioners shall have consid-
ered the matter .as foresaid and s4all have heard and determined
all the protests, if any, and all have fully a.etermined as afore-
said the necessity for said improvement and whether the property
will be enhanced in Ualue and whether in a stun equal to the costs and
if not the extent to which same will be enhanced in value if at
all then the said Boartd shall have power and be authorized if it
sees fit so to do to pass an order directing said property owners
respectively to construct said improvement in fron' of their respect-
ive prop6rties within go days from said date specifying the kind of
pavement required to be made and shall give notice to the owner or
his agent either by serving him or his agent with written notice or
by making publication of the order in the official newspaper of the
city once a . week for four consective weeks.
Sec. 3. In the event any porperty owner at the expiration
of said 9p days from the date of said order mentioned in Sec . 2
shall not have constructed said improvement in accordance with said
order then it shall be in the power of and shall be the duty of
the Board of Commissioners to direct the City Engineer to construct
said improvements or engage some private contractor to construct the
same under the supervision of the City Engineer and shall have tbk
same constructed in bmmner and form requird by the order and upon so
giving said directions shall levy, assess and tax the cost of con-
structing said improvement in front of such property against the
said property and shall declare the same to be a lien and the same
shall be and become a lien upon the said property until such time
as the said owner may pay or cause to be paid the said costs
together with interest thereon, at 10'f per annum, payable annually
from date thezeof.0 until payments shall have been made and past due
intwrca+ shall hoar in+QT-MQ+ n+ 1rye nar annilrA n"A +lea .iii 4"-
improvEments,then the Board of pommismi onors shall determine
the extent of enhancement, it any, and assess same accordingly.
And should said Board determine that any particular property
would not be enhanced in value by such impro van ants,then no part
of the cost of same shall be assessed against said property nor
against the owner or owners thereof.
-4-
5ec.4.That if the Board of Cosmnissions rs at the time of
considering the necessity for said improvement and its advan-
tage to the property abutting thereon and on hearing any protest
as hereinbefore mentioned should determine that the advantage to
any such property will not ecy al to the cost of the construction
of the pavomrrentsthen the Board of Cammissioners may direct fiat
that proportion of the cost which is equal to the enhancement in
value of said ,prgperly shall be paid by the owrm r of said prop
arty and that the overp lus shall be paid by the City of For t
Worth,and that in the event ¢,QQproperty owner kefuses or fails
to do his p aaportion of the work and refuses to pay his p ortion
of the cost as thus assesssd and tube city does or causes the
worst to be done that the said portion shall be assessed against
the owner and ehal l be an ixd,ebteds► as against him and shall
constitute a lien against the said property as hereinbefore
provided,and the City of Fort Worth shell bees the remaining
portion of said expenses;but the City shall in no event be liable
for any portion of said eVors ei unless it ahall be so ordered
at the time of constructing and det?raining the necessity and
advantage of the conettucti on of said improvenac to;and the mode
of giving xaotiae�etc. ,to parties mentioned in this section shall
be and the same is as provided for in the preceding Sect& ons of
this Ordinance,
Bec.5.That 1n all instances *here a street car line is laid
or constructed upon the street which it is proposed to pavep
thim,that; part of the street represented by the space betwoon
the rails of the track and for 18 inches on the outside of the
outer rails shall be paved and the cost thereof paid by the
a a .d ..} n 0 w +W&C nIr o nes 4 n
car traake,And In detem fining the amount to be assessed Against
abut tL ng property owners on either side of the s tree t,the apace
which the street car company or owner of the street car track
is bound to pave or pay the cost thereof shall be
excluded from the estima a but in case there is to street car
then the portion assessable against the abutting property owner of
property on each side shall be determined by estimating the cost of
the pavement to the center of the street; subject, however, to the
provisions that no peoperty shall be assessed with cost of improvement
beyond the amount that said property is enhanced in value thereby
and no greater amount than said enhancement in value shall be assess-
ed against the owner thereof.
• s
Sec . 6 . That the cost of paving intersections of streets,
that is the space where the street being paved crosses another~ street
shall not be chargable against the property owners but shall be
paid by the city of 'Port Worth, save and except such portion of the
street crossing as may be occupied by street car line or lines in
i
which event the street car company or owner of the street car line
or lines shall bear • its proportion of the cost as herein before
provided for other portions of the street .
Sec'. 7 . That in the orders, notices, resolutions, etc ., made
or published with referf:nce to street paving a general descrip'ticn
of the streets or portion of the street to be paved shall be suf-
ficient and where the same is to be paved with material and ac-
cording to specifications which may have betn presented, filed and
. adopted as Standards Specifications a reference to the book and pages
upon which said specifications may be entered of record shall be
sufficient to charge the property owners or other persons liable to
do any portion of said paving or pay 4ccost thereof with full
notice of all the stipulations in paid specifications.
Sec. 8. That in all instances in which paving is to be done
or may be done as /provided for in this ordinance or any ammendment
with reference to said work.
Sec.9.That in -making assessment of the cost of such tmphove-
ment against the owner of any property abutting on such street,
tt shall be sufficient designation to say that the same is as-
sessed and chargdd against the owner without stating the name
of the owneraand in the event of a transfer of said property
after ,the time of said assessment or airing the pendency thereof,
'the same shall_._be and--thereby become an indebtedness and charge
against Vqe transferee of said property Provided that nothing
her mentinadFidli~ in any manner preventithe desig�tti.vn
of the ovner by name and provi d ed that in case of a tra nsf
of such proporty,the Hoard of Commissioners shall have the night
and power with or without further notice to assess and charge
the said indebtedness against the said transferee by name,but
such assessment and obarging of said costs against the said
transferee shall not be ofl igatory uVon the Board of Commis-
sioners and *hall not release the part/ from liability who was
owner at the time of the original order assessing said indebted-r
ness,but the said parties shall be and remain jointly and sev—
erally liable for said assessment until the same shall hav been
by them paid in full„ _
Sec .10. That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby expressljt rep*aJ,ed.
Sec .11. This ordinance shall take effect and be in force
from and after its passage and p°ublication,as rgquired by law.
I hereby certify that the above and for'@going ordinanc o was
grese►nted and UnGJAMMsly Passed by the. Board of Commissioners f
City of Fart ftrth� at Q Cession head, July 9th. 700.7_ sthe