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HomeMy WebLinkAboutOrdinance 2929 i ORDINANCE 170. AN ORDINANCE DETERMINING THE NECESSITY FORAM ORDERING THAT A PORTION OF CRAWFORD STREET IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN DEFINED, BE IAS. PROVED: PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID: DIRECTING THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROVEMENTS: DIRFCTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WHICH TEE COUNTY CLERK OF TARR.ANT COUNTY, TEXAS: AYD DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RE- 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 TEXAS, CHAPTER 106, COM- MONLY KNOWN AS ARTICLE 1105b, OF THE VERNONIS STATUTES OF TERAS. WHEREAS, the City Council of the City of Fort Worth, Texas, has determined that a public necessity exists for and has decided to order the improvements of the hereinafter described portion of a street in the City of Fort Worth, Texas, in the manner hereinafter provided; THEREFORE. BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF FORT WOR'T'H, TEXAS: SECTION 1. That there exists a public necessity, and said City Council does hereby det- ermine 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: Crawford Street: from the northerly line of Morphy Street to the southerly line of Magnolia Ave. SECTION 2. That it is hereby ordered that said street within the limits hereinabove des- cribed shall be improved by raising, grading, filling, widening, permanently pav- ing awing 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 incindentals and appurtenances as deemed necessary by said Engineer, said permanent paving to consist of the con- struction of an adequate wearing surf4ce upon a substantial base course, both of such type, construction, materials, and thickness as is deemed adequatO and proper by said Engineer, and all of said improvemetts to be provided for in the plans and specifications therefor, to be prepared by said City Engineer as hereinafter direct- ed, and as shall be approved and adopted by the City Council. r 1 i SECTION 3. In providing for and making such improvements, said City Council deems it ad- visable 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 Art- icle 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as adopt- ed by the City of Fort Worth as Section 17, Chapter :{%III of the Cheater 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 improvements. SECTION 5. The cost of said improvements as herein defined shall be paid for as follows, to wit: (a) 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 respective property and not exceeding nine-tenths (9/10ths) of the esti- mated cost of the remainder of such improvements. (b) The City of Fort Worth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abutt- ing properties and the real and true owners thereof as set out above in subsect- ion (a). 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 properties and a personal liability of the real and true owners thereof, and shall be payable as follows, to wit: When 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 owners thereof shall be and become payable in Five (5) equal an- nual Anstallments, 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 (6%) 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 2. at any time before maturity thereof by paying the total amount of principal due, together with interest accrued to the date of payment. Farther, if default be made in the payments of any of said installments of principal or interest promptly when same matures, 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 immediately due and payable, together with reasonable attorney's fees and collection costs, if in- curred. 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 thereof in excess of the special benefits to accrue 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 un- known, 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 not such owner be named or correctly named. It is hereby further provided that in levying said assessments, 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 properties in such street. SECTION 7. The City Secretary is hereby directed to cause to be prepared a notice of the enactment of this ordinance and to file said notice with the County Clerk of Tar- rant County, Texas, among the Mortage Records of said County. SECTION S. This ordinance shall take effect and be in full force and effect from and af- ter the date of its passage, and it is so ordained. APPROVED AS TO FORM: City Attorney 3• ROTICS TIM ST.ATN OF TXXAS 00U11TY 01 TARRANT � Notice is hereby given that the governing body of the City of tort Wor*, learae,o has ordered and determined it to be necessary thskt %bre following zortior, of Crawford Street, in the City of Fort Mot`th, Tarrant 080*W, %=s* be ia•► prarld and that a portion of the cost of eteelh imsproresent is to be spoviolly aesessed as a Yiea upon the property abutting tboreeao said portion of the street In the City of port Mosih, mss, Using as foll.ewem Cdrmford Stroetj from the northerly line of Noarphy Street to tbs seeatberly line of 1asaolia A1*mw. Ip TrSTZKONY WPM OV, the City of Fort Worth bas cenesd, this instrmnmsat to be exeeated is its behalf and signed by its "r, this 30tho day of ri'azuV, A.D. 12. CITY OF' FORT WORTH Mayor AT'T?°`A'T'e rp' STATIC 07 TID S 009M Of TAR ANT bIKU ME, the vaidersigned. authority, a Notary PmbUo in and for the Staate and Maty etwesaig} on this cher personally appeared J. 8. er" known to ne to Us the psrson %koae nme is evVeoribed to the foregoing instruwat, aa.nd ^aknowledgs to as that he execmted the *we Cas the gat &ad dead of the City of Fort Worth. a municipal corporation of Tarrant rrant Omty, 'mss, amid as the Mayor theroof, and for the purposes :and consideration therein express". 0XV0 UNDIM MT RM AND STAZ OF 0MCXj this tlaeof A.p.. 1952. Notary Publi; is aid fax aar�ra t county. Texas