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HomeMy WebLinkAboutOrdinance 3513 ORDINANCE NO. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF- FIFTH AVENUE IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HERE- IN DEFINED, BE IMPROVED: PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID: DIRECTING THE CITY FNGINEER TO PREPARE AND FILE PLANS AND SPECIFI- CATIONS FOR SUCH IMPROVEMENTS: DIRECTING THE CITY SECRE- TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED- INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR- SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI- ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COM- MONLY KNOWN AS ARTICLE 1105b,. OF THE VERNON'S STATUTES OF TEXAS. 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 improvement 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 THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That there exists a public necessity, and said City Council does hereby determine 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: FIFTH AVENUE: from the southerly line of Boyce Avenue to the northerly line of Spurgeon Street. 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 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, construction, materials, and thickness as is deemed adequate and proper by said Engineer, and all of said improvements to be provided for in the plans and specifications therefor, to be prepared by said City Engineer as hereinafter directed, and as shall be approved and adopted by the City Council. SECTION 3. In providing for and making such improvements, said City Council deems it advisable 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 Article 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as adopted by the City of Fort Worth as Section 17, Chapter XXIII 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 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 estimated 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 abutting properties and the real and true owners thereof as set out above in subsection (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: 2. 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 annual install- ments, 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 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 at any 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 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 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 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 cr 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 assessment 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 Tarrant County, Texas, among the Mortgage Records of said County. SECTION 8. This ordinance shall. take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPOLUED AS TO FORM: City Attcrney 3. P�'TITION FOR STRITT PAVING / Very ue from the. fi line of Q t0 therX line of Pil U L 2 6 1950" �,T��rg e v.�? �c f' DEPT. of PUB. WKS. TO THE HONORABLE CITY COUNCIL OF THP CITY OF FORT WORTH, Tr'X.4S: 'fie, the undersigned owners of properties abutting upon the above street within the limits stated, in the City of Fort Worth, Texas, hereby respectively sub- mit this, our petition, and represent to the Cita Council as follows: 1. That there exists an urgent necessity that the above named street between the above limits be improved, widened, if and as required, and paved; and, 2. That we request the City Council to order said street within said limits improved, widened, if and as required, and paved, and cause same to be improved and paved, by the construction of an adequate sub-base, base, and wearing surface, and by the construction, reconstruction, or repair of concrete curbs and gutters where deemed necessary by the City Engineer, and the construction of drains and other necessary incidentals and appurtenances, all of said improvements to be of such character, type, and construction as deemed adequate and in accordance with the plans and specifications to be prepared, by the City Engineer, and approved and adopted t9 the City Council therefore; and, 3. That said improvements be, by the City Council, ordered, constructed, and had pursuant to, and in accordance with, the powers, terms, and provisions of Chapter 106 of the cts of the lat Called Session of the 40th Legislature of the State of Texas, which is known and shown as Article 1105b of Revised Civil Statues of Texas, 1925, as amended, and which is adopted by, and as, Section 17, Chapter XXIII, of the Charter of the City of Fort T`Iorth, 'Texas, and that pursuant to Act, the costs of said improvements be apportio erd, by the City Ccxicil, between the City of Fort Torth, any railways, street rail- ways, or irterurbans using, occupying or crossing said street, and the oriners of the properties abutting upon said street within said limits and that the undersigned owners hereby agree to pay such portion of said costs as may be apportioned and assessed against theta and their respective properties by the City Council. Respectfully submitted, O IAT EWCK iMITION FRONT FOOTAGE 1 "ZI � - Mz W2, ZaILA.0- -L- r, 73r- 7�r' __^�__ 7jj 3 ' 621 '76 - 7s NOTICE THE STATE OF TEXAS COUNTY OF TARRANT Notice is hereby given that the governing body of the City of Fcrt Worth, Texas, has ordered and determined it to be necessary that the following portion of FIFTH AVL3NUE is Uw-6-ity of Fort Worth, Tarrant County, Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property abutting thereon, said portion of street in the City of Fart Worth, Texas, being as .follows: FIFTH AVENUE: from the southerly line of Boyce Avenue to the northerly line of Spurgeon Street. Ir IN TESTIMONY WHEREOF, the City of Fart Worth has caused this instrument to-lwaxecuted in its behalf and signed by its Mayor, this 22nd 7 day of :i � ,..�.._.�._.,_� A.D., 19 56 CITY OF FM A , BY •4 ,* mayor ATTEST: �_ ,• jruity Secretary STATE OF TEXAS X COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared W,,F. E. IMM' Garrison, mown to me to be the person whose name is subscribed to the fore.• going instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fart Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 22nd day August A*Dop 19 56 f.�,fe i" Notatly Public irk an for ioF TM���� _fid Tarrant County, Texas • •...�. • , ,Fa Y• • •IM R.h.•.•I •N••..4•a1M1a •ti••rMfn....a .•••. si.f.. • Y.•..n .•� a a a 1. nu..may...♦�•• • • a .a a a �• 6 of `K F ILE OQ Fbi1RART , E- s is '•r�' �N LL 11 1130 14 '56 I 3 LL ' � ~ WELVIN "MEL!, FAULK � U: r0UNTv CLERK o . L 1 STATE OF TEXAS COUNTY OF TARRANT I, MELVIN "MEL" FAULK,Clerk County Court of Tarrant County, Tags,do hereby certify that the ubQve and fo,Xggoing instrument with its certificate of authendcafion was filed for registra4m. ' n in ity office'SEP27_..1956 . , 19 at ` o'cloc1 and duly,recorded cQCT 3 1956 , 19 t �� dclocx. in V40-19—8 , Page of record of fpr said bounty. WITNESS my hand and seal of office, at Fort Worth, the day and-clate 1"t above written. MELVIN `ME 'AULK Clerk County Cc rt, r nt County, Tess. By Deputy.