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Home My WebLink AboutOrdinance 3457 ORDINANCE Mo. AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORT109 OF KILPATRICK AVENUE IN THE CITY OF FORT WORTH, TEXAS, WITHIR THE LIMITS HERE- IF DEFIXED, BE IMPROVED: PP..OVIDIYG THE IWTNER IF WFICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID: DIRECTING THE CITY ENGINEER TO PREPARE AND FILE PLATYS AND SPECIFI- CATIONS FOR SUCH I1PROVnIIENTS: DIRECT114 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 AIQ ALL SUBSEQUET'T PROCEED- INGS RELAT IYG TO SUCH IMPROVEPfiENTS ARE AID SHALL BE PUR- SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI- ETH LEGISLATURE OF THE STATE' OF TEXAS, CHAPTER 106, Con- MOYLY KNOWN AS ARTICLE 1105b, OF THE VERFONtS 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 cf 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 WORTHg 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: KILPATRICK AVENUE: from the easterly line of Prevost Street to the westerly line of Merrick Street. SECTION 2. That it is hereby ordered that said street within the limits hereinabove des- gibed shall be improved by raising, grading, filling, widening, permanently pav- Lng or repaving same by the construction, reconstruction, repairing or realigning Df 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 con- struction 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 direct- ed, 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 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 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 res.: ar.d. tr+t oavners 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 2. 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 installments, 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 in- stallments at any time before maturity thereof by paying the total amount of prin- cipal due, together with interest accrued to the date of payment. Further, if de- fault 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 be- come immediately due and payable, together with reasonable attorney's fees and col- lection 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. SECTim 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 again•. st 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 Mortgage Records of said County. SECT IOIT 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. 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IN TESTIMONY WHEREOF, the City of Fo rt Worth has caused this instrument to be executed in its behalf and signed by its Mayor, this day of , A.D. 1956, x CITY OF FORT WO BY ATTEST.,,. ' Mayor a. City Secretary STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared, Dr. F. E. Garrison, known 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 Fort 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 —�--=- day of A.D. 1956. EULA ENGLAND Nota Pub is in and for Tarrant ry County, Texas _ � f �I 10 laTtuo ,1100 c e° Tse.: �� c�' ,j� •t.;. �^ i'I la U':;:U'a0 .1J