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Home My WebLink AboutOrdinance 2513 ORDINANCE NO AN ORDINANCE DrTFRMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF COMM RCE STRrET IN THE CITY OF FORT WORTH, TFXAS, WITHIN THE LD(ITS HEREIN DEFIM, BE IK— PROVED f PROVIDING THE 11ANNr?R IN WHICH THP• COST OF SUCH IMPROVEMENTS SHALL NRF. PAID] DIRECTIWr THE CITY rMI NM TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROV NTS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL N, MSUANT TO THE ACT OF THE FIRST—CAum SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 1069 COMMONLY KNOWN AS ARTICLE 1105b OF THE VERNON'S STATUTES 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 iaprovement of the hereinafter described portion of a street in the City of Fort 'forth in the manner hereinafter provided; 't!MEFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SEK;TION 1. That there exists a public necessity, and said City Council does hereby determine that it is necessary to permanently improve the following dea- cribed portion of a street within the City of Fort Routh, Texas, as follows, to wit: Commerce Street, from the southerly line of Lust Weatherford Street to the northerly line of East Lancaster. SECTION 2. That there is hereby ordered that said street within the limits hersiaabove described shall be improved by permanently repairing same and by the construction of such incidentals and appurtenances as may be deemed necessary by the City Engineer, said permanent repairing to consist of the construction of an adequate wearing surface upon the existing pavement, of such type, construction, materials and thickness as is deemed adequate and proper by said City Nngineer, 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 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 rail- way or interurban using# occupying or crossing said street within the limits defined shall be improved with such type of construction and of such ma- terial or materials and to such specifications and standards as said City Engineer may dean 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 30 That in providing for and making such improvements, said City Coun- cil deems it advisable and hereby determines to proceed under arl 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 Stat- utes of Texas, 19250 as amended, and as adopted by the City of Fort Worth as Section 17, Chapter XMI of the Charter of said City. SECTION 4. That the City &Winer is hereby directed to forthwith prepays and file with the City Council complete plans and specifications for such iq rove- msnts. SECTION S. That the cost of said improvements shall be paid for as follows, to wits ing or pairing said i reconstruct re mi- (a) The cost of aonstruating, provements within the area between rails, tracks, double tracks' turnouts and inrushes, and two feet on each side thereof, of any railway, street railway or interurban using, occupying or crossing such street or any por- tion thereof hereby ordered improved shall be paid bar 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 Aot of the Fortieth Legislature of the State of Texas (1927) above identified. (b) The ,property abuttigg on that portion of Commerce Street, be- Weathorf ord tween the southerly lime of Nktria? Street and the northerly line of East Lancaster and the real and true owners thereof shall pay fifty per cent (50%) of the oost of the improvements, exclusive, however, of the amount thereof herein specified to be paid by the owners of railways or street rail- Va.-,-a 1s set out in subsection (a) above. (c) The City of fort Worth shall pay all of the remainder of the oust of said improvements after deducting the amnunts herein specified to be paid by any railway, street railway or interurban and tr the abutting properties and the real and true owners thereof, as set out above in sub- sections (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 properties and a personal llabdlity of the real and true owners thereof, and shall be payable as follma f to wits bthen said iltprovements are completed and accepted by the City Coco- c 1, the amounts payable by and assessed againat the property abutting there- on and the real and true owners thereof shall be and become payable in five (g) equal instaliaenta. 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.. together with interest thsrson from said date of acceptance at the rate of sic per cent (6%) per annum, payable amually; pmvided,, however, that the owners of said property shall have the privilege of paying azW one of or all of such installments at sir 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 in- stallments of principal or interest promptly as same matures, then at the option of the contractor or assigns the entire amount of the assessment upon which such default in made shall be and become immediately due and payable, together with reasonable attorney's fees 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 and 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. That in the levying and making of said assessments, if the name of any owner be unknovm, 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. Further, the orris-, sion 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 aseessments against the, ether ,butting property S?�_'•CTION 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 Mortgage Records of said County. SECTION 8. That this ordinance shall take effect and be in lull force and ef— fect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORA[ AND LEGALITY: City Attorney • NE Cr. 4'H!r STATE (7 TUAS COUNfX OF WARRANT Notice is herrtr given that the governing body of the City of Fet North# Texas, has ordered and determined it to be necessary that the fol.. lowing portion: of Commerce striest in the City of Fart Worth, Tarrant County# Teras, be improved and that a portion of the cost of such Improw- msnt is to be specially assessed as a lien upon the prrepertr abutting there- at' said portion of the street in the City of Fort Wath, Texas, being as follows: Commoros Strsst, from the southerly line. of Bast Weatherford r eet to the northerly line of East Lancaster. IN USTIKOW n. MIMOF, the City of Fort Worth hes caused this instru- ment to be executed in its behalf and sided by its 116yor this 41W of Febro"70 A. D. 1948. MY OF 77D.-T WORTH ATM?t Br dteror BUTT Cr T!tICAa COUVff OF TARNATr MFORF ll88 the undersigned sutharity, a Notary Public in and for the State and County aforesaid, on this day personally appeared F. ldgar Deen, known to me to be the person whose nams is subscribed to the foregoing instru- msnt, and a to me that the executed tt» ssue as the act and deed of the Cid► of Fort !Worth, a municipal corporation of Tarrant County, Te=s, and as the tteyor thereof, and for the ,purposes and consideration therein err- pressed. OIM UBDrR YY HAND AND �T'i�L -?F OVTLI ''z,, this the �...day of February, tarp► P=3 std for arrant County, Texas