HomeMy WebLinkAboutOrdinance 4386 OFFICIAL RECORD
t/ CITY SECRETAaY
ORDINANCE NO. 1 ,39 FT. WORTH, TEX.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF GRANBURY ROAD IN THE CITY OF FORT WORTH,
TEXAS, WITHIN THE LIMITS HEREIN DEFINED, BE IMPROVED:
PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVE-
MENTS SHALL BE MAID; DIRECTING THE CITY ENGINEER TO PRE-
PARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPRI Vr TS;
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 AIL SUBSEQUENT
PROCEEDING RELATING TO SUCH IMPROVUMTS ARE AND SHALL BE
PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTIETH
LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN
AS ARTICLE 1105b OF THE VERNONIS 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 in the manner hereinafter provided; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WRTH,
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:
GRANBURY ROAD: from the easterly line of Trail Lake Drive
to the northeasterly line of Lot 14, Block
24., Bluebonnet Hills Addition
SECTION 2.
That there is hereby ordered that said street within the limits
hereinabove 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
indidentals 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 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 as provided for in the plans and specifications therefore,
to be prepared by said City Engineer as hereinafter directed, and as shall be
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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 railway 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
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 Cil l 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,
That the City Bagip,eer is ljer_i�by directed to forthwith prepare
and file with the City Council complete plans and specifications for such im-
provements.
SECTION 5.
That the cost of said improvements shall be paid for as follows,
t o-wit:
(a) The cost of constructing, reconstructing or repairing said
improvements 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, occupying or crossing such street or any portion
thereof hereby ordered improved shall be paid by the respective owners thereof
and assessed against such railway, street railway e�- 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. r
(b) The property abutting on that portion of the street,aiid 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 (9/10) of
the estimated cost of the remainder of such improvements, 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 subsections (a) and
(b) respectively.
That the smounts 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 euib'_,
properties and a personal liability of the real and true owners thereof, 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 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. Farther,
if default be made in the payments of any of said installments 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 is made shall be and
become immediately due and payable, together with reasonable attorneys fees and
collection costs, if incurred. However, it is specifically stipulated and pro-
vided that no assessments 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 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 omission of said improve-
ments in front of any parcel of property exempt from the lien of such assess-
ments shall 'in anwise 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 with the County
Clerk of Tarrant County, Texas, among the Mortgage Records of said county.
SECTION B.
That 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.
APPROVED AS TO FORM:
Y �_%W*64�e
zt City Attorney
*PONCE iDir TZI CITY v
Honoreble Moy._.r -% .i
Mtubers of +4.c? -,; v cn....c ; i
City of Fors K4:.r 'h
WS. MCKni I Qrfii�.ght and
rhq 1956 Bard r j P I -n P r- rfInt r t M r - I k"it,M 1 ,Cl(O,ODO for
PrOV90f nt 6 ii-C. C!1 4j ' r-a r 'f,,id r_cr4F5t- Pmrk l 1 v,pr-d as is "Jor tb
fore and the 6,n.-, .ri t --.f 2 10c' w--j�, a i I tc-I- -i d r- I li- J i�`` F;r 1)d -.I a 4
first unit of covstr�cl olarie ir:r this, 1 _,5 t t)n i t of Coris
which will bs C,n 3ranD jr-,� llrom Trai I Lake
foet north of Univers, t y Dr v i ava P)eran CnIMP 1-
The property along one sidi3 away from Grali hur
oxr.eptlon of some izn I ot v; i I b o a 1?s%r, d m m�-x i m 1j:-) r.f 12,
1 a acccrd8nc a w I .h f p.i -e t.T -s 9,!ss i rg suc,i rc3 mn a I I -zone d jr ops
on I V one-ha I I t.v, ff... L)- I rj r 'I IF r 2 IrF T.-f S 5.;D P
Mai rate wi 17 �r'- and qi.tPlAr 8jiC. � V
payment. -Of the rtfier tr,-n ei silo t inr,: _sidpi isnd wM b-D
on nc> MOC4 than 100 la"i nT ltiq m;xjrs,.u-F, c.4 pq - f,_)G*, it, a
with the pot fry 'or- — S ' d i 31 1 v -,-Qliod prlp,�f-
sire zoned and vtol V-- r- b -F 'rS5 the pul .r.
actijal front Fcj.j! U
InaSmuch as tM.*
resent P �I r cy ffiin _
re it
Me Gulf, COIOF !!-w -nrl-' -7310--1 ! n QAlf lroad rig.'it
long the OPP05. 1 .-- !t. Of.. . # -, 1.-7 , I in or
0 the proper w' d+l-, -i I'D st*cury Ifn w d! I TQ"1 15 f cot of
f-way.. and I t i 15 p, r..-P051!1 tr1 seen 1.j ir� a 5 t S t r i
arty, s T roe i I cc:;i k; r-p r+: Vflmc r t-1
nd other bifl IdIngs,
ant for rti-i -s !-+ r i p tir f pu..-?p -r-v fur tht )irvv� i &r.-!! ','M (if BUZ af-
oot,' a total -,f -r,-.- ' r-.9 2'0,45q sq,.e�rp ji,or s.,T Pr
urther cotis, viat Z; tly wr). 10 rqim�ur,3q the rat
n relocating T•!i ex ! N` ivg ccerpmunIcation and vignAil polds Ord lioes I
uld be affected. cr.%t 11, ,600.00. T4i- Foil lWay
asires that Wr[-T e T1 I �j-C?.-rh0-.f5 �M 8_<eCUt,-:4 by ttj@ C1,
xisting Seminary Dr; -Yp. Liriva, and Pafford lirroat
a I I reed, and the add' I i ona I C re:
his project,
October 28. r gin$
ft9s 2
Since the reflroad p-opE!rty is only a narrow strip through the sre* AT Is
proposed :hat t t also ba assessad the amount of $2,75 'per front I &
total of $ 16,202.84 for the 6,648.11 feet.
The total of !-"; S Prc.;ec# is esti fisted a6 fCJ JQ 9.
i ty's Port ion GoRstruct ion Cost $ 190,0'00.00
Wght-of-Way 4,
fine Revisiuns +.G.00
J 7
Est;ma'ed Cost, Unit 1 $225,000.00
Prior Appropriation for Englfieerinq . 12-Q ,SK
Add1tlonal Appropriation Requ'4rad $200,WD.00
tt Is recomended that ordinenceis be adapted ordering the improvements ept
praN sag peci f iced otr3, 'arid sp#ti ng the date for t11+- recol pt of bids for
the construction of thy+ imprpweftnts to Giranbury Road from 'Trail sake Or;ve
to approximately 1 .250 fleet north of University Qriye, tOat algr*~Fs as
described above With the Gulf, CoIOrs40 and Santa {re Rai1*ay QmppaAy be
authortzed, and that an approprIe##on regvest In the amount of $206,0M.00.
1959 allocation for this project, be approved.
Respectfully submittal,
LPG s S h