HomeMy WebLinkAboutOrdinance 2328 ORDLT�tiCE I o. d
Z ORDDLU' CE DETM,=TING THE NECESSITY FOR IND ORDERING
TJ_.T '- PORTION OF G.1IBRELL STREET IN THE CITY OF FORT
ti+ORTH, TELLS, aITHLN THE LD,1TS HEREDT DEFINED, M -M.-
PROVED; PROVIDING THE 3--iVNER IN '.1HICH THE COST OF SUCH
DPROVEP'ENTS SHLL BE PAID; DIRECTING THE CITY ENGINEER
TO PREPARE AND FILE PLANS .STD SPECIFIC.,TIONS FOR SUCH
I PROVEI=TS; DIRECTING THE CITY SECRETARY TO FI.-LE A
NOTICE OF THE ADOPTION OF THIS ORDINjIiXCE WITH THE COUNTY
CLERK, OF TART-'d\?T COUNTY, TEKyS; ZD DECLARING TH_J THIS
ORDIN,,:NCE ?STD 1L SUBSETE1NT PROCMINGS REL._TDdG TO
SUCH E.PHOVE ANTS =1 AND SHALL BE PURSU_RT TO THE ACT
OF THE FIRST-C:'',LLrD SESSION OF THE FORTIETH LEGISLATUEE
OF THE STATE OF T=—�S, CR ITTER 106, CO'.:4;:0,1LY HI\tO+'SVT As
:-LRT ICLE 1105b OF THE VER'TOD?1 S ST_,TUTES OF TEXAS.
WHEREAS, the City Council of the City of Fort Worth, Texas, has de-
termined 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, Texas, in the manner hereinafter provided; THEREFORE,
BE IT ORD-`LU ED BY TIE CITY C07ML OF THE CITY OF FORT TORTH, TElL,4S:
SECTION 1,
That there exists a public necessity, and said City Council does here-
by determine that it is necessary to permanently improve that portion of
Gambrell Street between the west line of Hemphill Street and the east line
of Stanley Street,
SECTION z,
That it is hereby ordered that said street within the limits herein-
above 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
Engineer, said permanent paving to consist of the construction of an adequate
wearing surface upon a substantial base course, both of such type, construc-
tions, materials and thickness as is deemed adequate and proper by said En-
gineer, and all of said improvements to be as provided for in the plans
and specifications therefor, to be prepared by said City Engineer as here-
inafter directed and as shall be approved and adopted by the City Council;
and that the area of the said street within the limits above defined, lying
between and under rails, double tracks, turnouts and sirritches,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 im-
proved with such type of construction and of such material or materials
and tp 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.
In providing for and making such improvements, said City Council
deems it advisable and hereby determines to proceed under and in the exer-
cise 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 ',North as Section
17, Chapter =!I, of the Charter of said City.
SECTION 4.
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.
The cost of said improvements as herein defined shall be paid for as
follows, to wit:
(a) The cost of constructing, reconstructing or repairing said iii
provemento within the area between rails, tracks, double tracks, turnouts
and switches, and two feet on each side thereof, of any railway, street rail-
any 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 term.s of the said
Act of the Fortieth Legislature of the State of Texas (1927) above identi-
fied.
(b) The property abutting on such street and the real and true owners
thereof shall pay all of the cost of the curbs and gutters in front of
their respective property and not exceeding nine-te-riths (9(10ths') of the es-
tinated cost of the remainder of such improvements, exclusive, however, of
the amount thereof herein specified to be aid by any rail:,,%ay' street rail-
,;ay or interurban as set out in subsection (a) above,
(c) The City of Fort lorth shall pay all of the remainder of the cost
of said imDroveLsnts a2ter deducting the amounts herein specified to be raid
by any rai2va,y, street railway or interurban and by the abutting properbies
and -,,he real and true owners thereof as set out above in subsections (a)
and (W), respectively.
The amounts payable by the abutting properties and the real and true
owners thereof shall be assessed against such properties and the real and
rue owners thereof and shall constitute a first and prior lien upon such
:properties and a personal liakility of the real and true owners thereof,
and s�iall be payable as, follows, to wit
Men said improvements are comoletea and accepted by the City'" CeUi2-
cil, the amounts payable by and assessed against the property abutting
thereupon and the real and ;-rue owners thereof shall be and become payable
in five 'T equal annual installments,..due respectively on t'Nenty. (wC) days
one ( �,, two (2), three (3) and tour (4) shears from the date of said ac-
ceptance by said City Council, ;eye her with interest Thereon from said dote
:.of acceptance at the rate.of sin per cent (65) per a.Tl.^",.m, ayable'. annually,
and the amounts payable by and assessed against the property abuttzun uv_>on
the street and the real and true owners thereof shall be and become due and
payable in similar installments and at the came times after the date of the
acceptance of such street 17 the City Council; provided, lowever, 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
a.:_o17nt of principal.due, to ,ether ;,,i-tIn interest accrued to the C?Cite of nay—
Ment. Further, if default be wade :.n the payments of any of said install—
ments of principal 0_ interest promptly when 'sa.to matures, then at the option
of the contractor or a8siEns, the entire amount of the assessment upon Aich
such default is rade shall be and become 9rrnedi te.,ey dua and payable, to-
gether .r th reasonable attorney's foes and collection costs, if incurred.
However, it is specifically stipulated and provided that no assessment shall
in any case be made against any property or the real or true owners thereon'
in excess of.the special benefits to acerae to such property in the enhanced
value Thereof resulting from said improvements.
SECTioN 6.
In the levying and making of said assessments, if the name of any
owner be unknown, it shall be sufficient to so state 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
whether or mot such ow= be named or correctly naled® It is hereby fur—
ther provided that in levying said assessments, the omission of said in-
prover in front of any parcel of property exempt from the lien of such
assessments shall in nawise affect or impair the validity of the assessments
against the other abutting properties in- such street.
SECTION 7.
The City Secretary is hereby dirsowed to cause to be prepared a notice
of the enactment of this ordinance and to file said notice with the County
Clerk of ?arrant County, Texas among the Hortgage Pecords of said county.
APPROTED AS TO FORIti A.N:) 1ZGx,,J,-1TY:
City Attorney