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HomeMy WebLinkAboutOrdinance 29 k 1 . QRDINANCE NO. 29. R An Ordinance providing for the Cons truotion. of gide-Walks and Curbs &long and upon Publi6 StrAets and T:hormiZhTares in the Oity of Fort Vorth,and prescribing how same shall be dorie,and the Ma mer of Procedure with Feference thereto and praftding for the Assessment of the Eapehee of such Work and Material a6d net Abutting Property Owners,and declaring such ftense to be a Lien on abutting Property . BE FT (YRDAINRD by the Board of Commissioners o: the City of Fort Worth: Boo. I. That when the Commissioner' of Streets and Public hounds shall determine that the C'anstrucffi on or repair of side-walks and curbing ,either one or both, of &M designated material is necessary along or upon any public street or thorough- fare within the corporate limits of tho City of Fort Worth as k the same now exU is or may hereafter be ea tended,and that the value of th* property abutting on such side-vial' s or ourt lines toue1 ing which said improvements are to be made will be en- haneed in value in a sum appronUately vgadl -�,o the cost of the construction or repair of said improveasnts,and sball so report to the Board of 0 issione rs; or when the owners of property upon such street or thoroughfare,whose property occu~)ie's more than one-half of the frontage upon either side of sai4r street to the extent of the improvements sought to be made,shall petition the Board of Commissioners for the construction or ropallp of such side-walks and curbing, either one or both, for any bl aek or blacks or part of block,designating the ]Axid Gf ma,teriial of which said side-walks or curbs should be composed,nrcvided said material c onf o mrto the standard specifications adopted by. the Board of Commissioners; or when the Board of CommissionerF, Inde- pendent.- of suo- red-i t or petitions should, of their own motion, decide to consider the necessity and advantage of ordering the -2- canstruction or repair of side-walks and ourbing,either one or both, upon any public street or part thereof within the clty limits of said City 42 Fort Worth, then, in anyone of the three cases hereinabove named, the Board of Commissioners shall enter Into a oariful consideration of the necessity and advantage of such improvements and the oonstruo`ion of iftme,and shall consider the question as to whether the property abutting on such side- walk or curb line will probably be enhanced in value in an amount equal to, or approximately 'equal to or greater than the cost of such construction or repairs;and if after such oonsideration it is determined by The Board of Commissioners that it is neces- sary and will pro badbly be to the advantage of such property abut- ; ting on said yroposod improvements to construct or repair said side-Iftlks or curbs, or both,as the case may be, bon the said Board of aaissioners shall pass an order declaring that the owners of property abutting on said street or any part thereof, upon whioh sadd imprQvements are oontemplated,are called upon to construct the sarme,and the said order shall be published 1n the off Bial newspaper of the Qity of Fort Worth once a day for ten conseoutive days,and if any person ovming propert;f on said street affected by said improvements should bo unwilling to pay his part of the coat of conistruoting said Improvements in front of the property owned by him or her,thon such person shall file, or asuse, to be filed, his or her objection and protest thereto, L on or before ;lie next regular weld;; meeting o the Board of Coin-� malonate alter the putt i cation of said order. And at such regulate meets-i;;, or as soni-) thereafter as practicabl®,the Board of Commissioners shall again consider the matter,and mall wear objections and pro tester„ It any, and hear evidence for and agoinst the necessity ars! advisability and advantage of said construotion or repairs,and in the event said Board should deter- mine that they same is necessary* and advisable and that it will be of advantage to said abutting property in an amount equal to R -4- in 4-in accordance with said order,then it shall be in the power of and Is made the duty of the Board of C omi ss inners,of ter notice in writs ng to said owner or h is agent, in person, or by publica- tion of suoh notioe once each week for four weeks in the official newspaper of the pity, to direct the City Engineer to construct said i mprovee onto or make the repairs, or engage some private contractor to construct or mepait: _saij1_;1mprov*ents under the supervision of the City Bngineer,'and shit 1 have the same con- stneted or repaired In the mam)er and form required b y the order, and upon so doing the Board of Commissioners shall levy ,&Rsess and tax the cost of oonstrvoting said improv ement,s or making said repairs in front of suoh property,against the owner thereof and against the property itself, and shrill declare the same to be a lien upon such property,and t ereupon the same shall be and become a lien upon said property un ti 1 such time as the said owner may pay or cause to be paid the cost of suoh improvements or repairs, as the case may be,with Interest thereon At the rate of ten per cont per annum, peyable a muslly, from the completion of said Improvements until payment shall have been made,and past duo In- terest shall bear Interest at ten per pent per annum,and the cost of such oonstruoti.on or repairer shall, until the same have been fully paid as hereinabove speolfied, be and constitute a valid indebtedness and liability against the owner of said property, ar�d ,shall be Neoured,as aforesaid�t by,, a lien upon his or her prop= arty-and sW&1 be subj*ct to suit 1�1&ny oourt having Jurisdiction thereof,and the said lien shall be and remain in force and be su b- ject to foreclosure in any oourt of acmpstent jurisdioti on. Sec. 4. That if the Board of CommisEt oners at the time of considering tabo neoessi ty for said improvement and Its advantage to the property abutting thereon should determine that the advan- tage to any particular piece of propert77 will not equal the cost of the cons truction t ereof then the Board of Commissioners may direct that that portion of the cost which is e(ili .1 to t:t.:: enhance- meat in value of said property shall be paid by the owm r of said property and that the overplus shall be paid by bhe City of Fort Worth" that in the event the property owner refuses or fails to do his pYo portion of the work and refuses to pay his poo portion Of ap s is ars thus assessed and the city does or causes the W©.rk to be donee that the said proportion shall be assessed against the owner and shall be an imdebtedness against him and shall consti- tute a lien against the said property as hereinbefore provided a nd the City v[ Fort worth shall bear the remaining porta on of said expenses but the city shall in no event be liable for any portion of said expenses unless it is so ordered at the time of consider- ing and determining the necessity and advantage of the construc- tion of said imprc ement;and! fe mode of procedure in cases men- tioned in this section for at 1t ng notice p etc . v to property oqne rs or their agents, to construct or repair th,-Ar+. porton of the Improve- ments shall be the same as in cases mentioned in previous sectio -ne of this ordinance so fear as practicable. Sec . 5.Tbat in giving descriptions of side-walks and Qther improvements to be made as provided for in this ordinance a gen- eral description shall be suffloient for all purposes . Soc .6. That when it is ne® ssary to describe or refer to specifioations of the material tD be used in constructing or repairing said side-walks or other improvements herein mentioned, It shall be sufficient to refer to the Standout Specifications e for Conant sidewalks.curbs and Gutteri� or the Irick sidewalks and autterirglheretofore adopted by the Board. of Commissioners for u se in said city as the same are noir shown on the records of the Board of Commissioners or as the same may be hereafter emended, modified or cbeAsed , 39G . 7. That all ordinam es and parts of ordinances in con- flict herewith be and the same are hereby repealed. See . A. This ordinance shall take effect and be in force from and after its passage and publication as req►uir_:d by law. I herel,y certify that the above and foregoing ordinance was presented and unanimously passed Ly the Board of Commissioners of the City of Fort forth, at a session held, July 9th, 1907. W.J. Estes, City . Secretary.