HomeMy WebLinkAboutOrdinance Ethics Review Commision 3386 ORDINANCE 110. 3 O
AN ORDINANCE DETERMINING THE NECESSITY FOR AIM ORDERING
THAT A PORTION OF ]itT ZR STREET
IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LDTITS HERE-
IN DEFII4ED, BE IMPROVED: PROVIDING THE 1.1ANNER IN WHICH
THE COST OF SUCH IMPROVDIENTS SHALL BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLAITS AND SPECIFI-
CATIONS FOR STICH IIPROV 2MTTS: DIRECTING THE CITY SECRE-
TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERIC OF TARRANT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE AND ALL SUBSEQUEIIT PROCEED-
INGS RELATING TO SUCH IMPROVEIMTTS ARE AND SHALL BE PUR-
SUANT TO THE ACT OF TIT✓ FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, CO13-
MOPLY ICNOWF AS ARTICLE 11Ojb, 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 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 WORTH, 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:
11UN ER STREET: From the northerly line of Craig Street to the southerly
line of Beaty Street.
SECTION 2.
That it is hereby ordered that said street within the limits hereinabove des-
-ribed shall be improved by raising, grading, filling, widening, permanently pav-
ing 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 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 matting 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 %XIII 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 ar.B t„ve
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
2.
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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 attorneys fees and col-
lection coats, 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 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-
at 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.
SECTION g.
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 FORDS:
City Attorney
Y
v
fi DR.F.E. (JACK) GARRISON, MAYOR
_IQ16I L M E N COUNCILMEN
-+BARNEY B. HOLLAND,JR. JOE B.OWEN
A.A. IGUS) JACKSON JESSE E. ROACH
T.M.M A. Crry or ® - _ MRS.JOE SPURLOCK
M.M. CKNIGHT GHT JESS F.TARLTON
PUBLIC WORKS DEPARTMENT August 4, 1955
C. M. TNELIN, DIRECTOR
s
Mr. Howard E. Hainsey Re: Hunter St. permanent
R. E. Cox & Co. pavement for the 2800
300 W. Seventh St. blocks.
Fort Worth, Texas 301 roadway
Dear Sir:
We are enclosing a petition form for permanent type pavement on Banter
Street from Beaty Street to Craig Street. The enclosed form is to be
used for permanent type pavement only and should bear the signatures of
the owners of sixty-two (62) per cent of *w- frovt`: footage before being
returned to this department.
Permanent pavement for residential areas consist of seven and one-half ( )
inches of flexible base material with a surface of one and one-half (1�)
inches of Hot Mix Asphaltic Concrete.
The approximate cost of the pavement, including curbs and gattero,aould be
six dollars ($6.00) per front property foot. The assessments would be
evidenced by paving certificates held by the contractor. One-fifth of
the total assessment would be due upon completion of the project and one
payment each year thereafter for a period of four years, bearing six per
cent interest.
If further information is desired, please advise.
Yours very truly,
C. M. THELI
P2J13I.,IC WORKS DIRECTOR
FER:ss
Racl.
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P"TITION FOR STMT' T PAVING
U u M'C F.R ST from the 1�i-N
'S'4-B2- 1 fSJ
line of cggAlcsto the tau h
line of
TO THE FIONORAELF CITY COUNCIL OF THR CITY OF FORT WORTH, T"XSS:
'Ve, the undersigned owners of properties abutting upon the above street within
the limits stated, in the City of Fort !North, Texas, hereby respectively sub-
mit this, our petition, and represent to the City 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 by the City Council
therefore; and,
3. That said improvements be, bar the City Council, ordered, constructed,
and had pursuant to, and in accordance with, the powers, terms, and provisions
of Chapter 106 of the Acts of the 1st 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 ?Iorth, Texas,
and that pursuant to .et, the costs of said improvements be apportioned, by
the City Council, between the City of Fort 1,11orth, any railways, street rail-
ways, or int3rurbans using, occupying or crossing said street, and the owners
oftheprojerties abutting upon said street within said limits and that the
unaersignee owners ne la y'such portieiz of srid 4}etA-4M May be
apportioned and assessed against them and their respective properties by
the City Council.
Respectfully submitted,
0'"?NFR LOT HLCCK 0DITION FRO"?T FOOTAM
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LOCATION PLAT
�4 PROPOSED PAVING
3 2 1 10 s 16 � � 2 HUNTER STREET
FROM CRAIG ST. TO BEATY 5T
A _ Z o rQ i�
s EPr. 19sS
ORDINANCE
NO tCn
Titl G� ru�- yat
,
Date
Filed
i Day of
19 - A . =
P.O.No.25440-U