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HomeMy WebLinkAboutOrdinance 3077 ORDINANCE NO. 1 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT PORTIONS OF TILLAR STREET IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN DEFINED, BE IMPROVED; 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; 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 SUBSEWMT PRO- CEEDINGS RELATING 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 W, COMMONLY KNOWN AS ARTICLE 1105b OF THE VERNOW 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 improvement of the hereinafter described portions of a street in the City of Fort Worth 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 here- by determine that it is necessary to permanently improve the following described portions of a street within the City of Fort Worth, Texas, as follows, to wit: TILLAR STREET: from the westerly line of Rupert Street to the westerly line of Poch Street; Down and designated as Unit No. 1. TILLAR STREET: from the westerly line of Poch Street to the westerly line of Wimberly Street, known and designated as Unit No. 2. TILLAR STREET: from the westerly line of Wimberly Street to the easterly line of University Drive, known and designated as Unit No. 3. SECTION 2. That there is hereby ordered that said streets within the limits here- inabove described 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 City Engineer, said permanent paving to consist of the construction of an adequate wearing surface upon a substantial base coarse, both of such type, construction, materials and thickness as is deemed adequate and proper by said Engineer, and all of said improvements to be as provid- ed 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. 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 material or materials and to such specifications and standards as said City Engineer may deem 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 3. That in providing for and making such improvements, said City Council deems it advisable and hereby determines to proceed under and in the exer- cise 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 Sec- tion 17, Chapter XXIII. of the Charter of said City. SECTION 4. That the City Engineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. SECTION 5. That the cost of said improvements shall be paid for as follows, to wit: (a) The cost of constructing, reconstructing or repairing said is- provements within the area between rails, tracks, double tracks, turnouts and switches, and two feet on each side thereof, of any railway, street railway or interurban using, occupyimg or crossing such street or any por- tion thereof hereby ordered improved shall be paid by 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 Act of the Fortieth Legislature of the State of Texas (1927) above identified. (b) The property abutting on the above defined portions of Tillar 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 im- provements, exclusive, however, of the amount thereof herein specified to be paid by the owners of any railway, street railway or interurban as set out in subsection (a) above. (c) 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 any railway, street railway or interurban and by 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 liability of the real and true owners there- of, 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 installments, due respectively on tnenty (20) days, one (1), two (2), three (3) and four (4) years from thedate 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 pay. ing any one of or all of such installments at any time before maturity there- of by paing the total amount of principal due, together with interest ae- craed to the date of payment. Further, if default be made in the payments of any of said installments of principal or interest promptly as same ma- tares, 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 im- mediately due and payable, together with reasonable attorneys 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 unknown, it shall be sufficient to so state the fact, and if any property be owned by an estate or by aRy firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the cor- rect 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 omis- 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 assessments against the other abutting property in such street. SECTION 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 vith 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 fall force and ef- fect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney a t NOTICE THE STATE OF TEXAS COUNTY OF TARRANT Notice is hereby given that the governing body of the City of Fort Worth, Texa%, has ordered and determined it to be necessary that the fol- lowing portions of Tillar Street, in the City of Fort North, Tarrant County, Texas, be improved and that a portion of the cost of such improve- ment is to be specially assessed as a lien upon the property abutting thereon, said portions of the streets in the City of Fort Worth, Texas, being as follows: r, TILLAR STREET: from the westerly line of Bapert Street to the westerly ' line of Foch Street; known and designated as Unit No. 1. TILLAR STREET: from the westerly line of Foch Street to the westerly line of Wimberly Street, known and designated as Unit No. 2. TILLAR STREET: from the westerly line of Wimberly Street to the easterly line of University Drive, known and designated as Unit No. 3. IN TESTIMONY WHEREOF, the City of Fort Worth has caused this in- strument to be executed in its behalf and signed by its Mayor, this��_"� day of . A.D. 1953- CITY FO WORTH / or ATTE T: city Seeretary 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 F. E. Deen, known to me to be the person whose name is subscribed to the foregoing 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 VP� of A-D, -195A Notary Public iii(�and fbr.Tarrant County, Texas