HomeMy WebLinkAboutOrdinance 2588 a.
ORDINANCE NO: Z Sg
AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR
OF PU>LIC .;ORK'S WRITTEN STATEMENT AND REPORT OF
THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVE-
MENTS, OF THE COSTS PER FRONT FOOT PROPOSED TO BE
ASSESSED AGAINST THE ABUTTING PROPERTY, AND THE
REAL AND TRUE OWNERS THEREOF OF THE COST PROPOSED
TO BE ASSESSED AGAINST RAILAYS AND THE REAL AIM
TRUE OWNERS THEREOF, AIM OF VARIOUS OTHER COSTS
FOR THE IMPROVING OF DEXTER AVENUE, IN THE CITY OF
FORT WORTH, TEXAS, FROM THE EASTERLY LINE OF CLOVER
LANE TO THE WESTERLY LINE OF SUTTER STREET AND OF
OTHER MATTERS RELATING THERETO: DETERMINING AND
FIXING THE PORTION OF SAID COSTS, AND THE RATE
THEREOF PROPOSED TO BE ASSESSED AGAINST AND PAID
BY SAID ABUTTING PROPERTY AND SAID RAILWAYS AND
T9 REAL AND TRUE OWNERS THEREOF, AND THE PORTION
OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF
FORT WORTH, TEXAS: DETERMINING THE NECESSITY OF
LEVYING AN ASSESSIMNT AGAINST SAID ABUTTING PROPERTY
AND SAID RAILWAYS AND THE REAL AND TRUE OWNERS
THEREOF FOR THE PART OF SAID COSTS APPORTIONEIS-TO
THEM: ORDERING AND SETTING A HEARING AT 10:00
O'CLOCK A M. , ON THE 6th DAY OF October
1948, IN THE CITY COUNCIL CH GER IN THE CITY HALL
OF THE CITY OF FORT WORTH TEXAS, AS THE TIME AND
PLACE FOR A HEARING OF Ta REAL AND TRUE OWNERS OF SAID
ABUTTING PROPERTY AND SAID RAILWAYS, AND ALL OTHERS IN-
TERESTED IN SAID PROCEEDINGS AND CONTRACT, CONCERNING SAID
ASSESSMENTS PROCEEDINGS AND IMPROVEMENTS: DIRECTING
THE CITY SE6RETARY OF THE CITY OF FORT WORTH, TEXAS TO
GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE' 'LAWS OF THE
STATE OF TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WOR.TJJ, TEXAS:
SECTION 1:
The City Council of the City of Fort .orth, Texas, hereby
finds and determines:
(a) That the City Council of the City of Fort Worth,
Texas has heretofore by Ordinance duly enacted on June 16,
1948, determined the necessity for, and ordered, the
improvement of portions of Dexter Avenue within the
limits hereinafter defined, in the City of Fort orth,
Texas, in the manner and according to the Plans and
Specifications therefor, which plans and specifications
have been heretofore approved and adopted by said City
Council, said street, and the portions thereof so
ordered improved being as follows, to-wit:
DEXTER AVENUE, from the easterly line of Clover
Lane to the esterly line of Sutter
Street.
(b) That notice duly executed in the name of the City
of Fort ;orth, Texas, of the enactment of said above
described Ordinance has heretofore been filed with the
County Clerk of Tarrant County, Texas, in which said
city is situated on the lst day of September, 1948;
and duly recorded in Vol. 739, Page 613, of the Mort-
gage Records of Tarrant County, Texas.
(c) That after advertising for bids for the construction
of said improvements in the manner and for the length
of time as required by the law and the Charter of said
City, the lowest secure bid of Brown & Root Inc, was
accepted and contract duly awarded to said Arown & Root,
Inc. for the construction of said improvements, by
Ordinance duly a cted on & st 8, 1948, which con-
tract is dated eptrember 194� i and
(d) That the City Council has caused the Director of
Public orks to prepare and file estimates of the
costs of such improvements on the portions of said
street to be improved, and estimates of the amounts
per front foot proposed to be assessed against the
property abutting upon said street within the limits
above defined, and the real and true owners thereof,
and of the amounts proposed to be assessed and taxed
against the railways using, occupying or crossing said
street, and the real and true owners thereof, and said
Director of Public 'orks has heretofore filed said
estimates and a statement of other matters relating
thereto, with said City Council and same has been
received, examined and approved by said City Council;
and that in accordance with said statement of estimates
so filed by said Director of Public Works and herein
approved, the amounts and rates of said estimated costs
are as hereinafter stated and set out in Section 2
hereof.
SECTION 2:
That the written statement and report of the Director of
Public Works, heretofore filed with the City Council, showing the
estimated total costs of all improvements on said street to be im-
proved, as hereinabove described, the estimated amounts per front foot
proposed to be assessed against the abutting property, and the real
and true owners thereof on said street for said improvements, the
estimated total amounts of the costs of said improvements on said
street as proposed to be assessed against said abutting property, and
the real and true owners thereof, the estimated amounts proposed to be
assessed and taxed against railways and real and true owners thereof
for said improvements on said street within the area between and under
any rails, tracks, double tracks, turnouts and switches, and two feet
on each side thereof, of said railways using, occupying or crossing
said street, and the estimated amounts of said costs on said street
proposed to be paid by the City of Fort orth, Texas, and other
matters relative thereto, having been received and examined by the
City Council, said statement and estimates are hereby in all things
2.
a
approved and adopted, and it is hereby found and determined by the
City Council that the amounts and estimates-of the respective items
of costs of said improvements as above described on._aaid street are
as follows, to-wit:
-The amount per front foot proposed to'be assessed
against the abutting property, and the real and true
owners thereof for curb and gutter, is $1.75 per front
foot.
The amount per front foot proposed to be assessed
against the abutting property and the real and true
owners thereof for said improvements, exclusive of
curb and gutter, is $5.45 per front foot.
The total amount per front foot proposed to be assessed
against the abutting property, and the real and true
owners thereof for all of said improvements is $7.20
per front foot.
The estimated amount of the cost of said improvements
proposed to be assessed against the abutting property
and the real and true owners thereof is $14,400.00.
The estimated amount of the cost of said improvements
proposed to be paid by the City of Fort orth, Texas,
is the amount of $1,81+7.80.
The estimated total cost of all the improvements is the
amount of $16,247.80.
SECTION 3:
That a portion of the cost of said improvements shall be paid
and defrayed by the City of Fort orth, Texas, and that a portion of
the cost thereof shall be assessed against and paid by the property
abutting said street, within the limits above defined, and the real
and true owners thereof, and a part of said costs shall be assessed
against, and paid by, the railways using, occupying or crossing said
street, if any, and the real and true owners thereof, in accordance
with, and in the manner provided by the Acts of the 40th Legislature
of the State of Texas, First Called Session, Chap. 106, known and
sh-own as Article 1105-b of Vernon's Annotated Civil Statutes of
Texas, as amended, and as adopted by Section 17 of Article XXIII, of
the Charter of said City, and that the total costs of said improve-
ments on said street as hereinabove described, shall be, and the
same are hereby apportioned between said parties and shall be paid
and defrayed as follows:
3•
2 �
r
ments one of which shall be due and payable in twenty
(20) hys after the completion of said improvements on
the portion of said street or Unit upon which the res-
pective property of said owners abuts and the acceptance
thereof by the City Council of the Ci�y of Fort ,orth,
Texas, and another installment in a like amount in
one (1)k two (2) , three (3) , and four (4) years from and
after such acceptance, respectively, together with
interest thereon from said date of acceptance at the
rate of six per cent (6%) per annum, payable annually;
but said property owners shall have the privilege of
paying any and all of said installments before their
maturity by paying principal and accrued interest to
the date of' said payment.
(c) The City of Fort ..orth, Texas, shall pay all of the
remainder of the costs of said improvements after deducting
the amounts hereinabove specified to be paid by any
railways and by the abutting property, and the real and
true owners thereof, as set out above in sub-sections
(a) and (b) , said costs being in the amounts as herein-
above stated in Section 2 hereof.
SECTION 4:
A hearing shall be held and given to the real and true
owners and all owning or claiming any interest in any property abut-
ting upon said street within the limits above defined, or in any
railway using, occupying, or crossing any of said street, and to all
others owning, claiming or interested in said property, said railways
or any of said matters as to the assessments and as to the amount to
be assessed against each parcel of abutting property or each such
railways, and the real and true owners thereof, and as to the
special benefits, if any, to said property to be received from said
improvements, or concerning any error, invalidity, irregularity or
deficiency in any proceeding or contract with reference thereto ,
or concerning any matter or thing connected therewith, which hear-
ing shall be held by the City Council of the City of Fort forth,
Texas, in the City Council Chamber in the City Hall of the City of
Fort orth, Texas at 10:00 O'clock A.M. , on the 6th day of October,
,1948, at which time and place all persons, firms, corporations or
estates, owning Dr claiming any such abutting property or railway, or
any interest therein, and their agents or attorneys, or persons in-
terested in said proce �diiiss, shall be notified to appear and to be
heard in person, or by counsel and may offer evidence; and said hear-
ing may be adjourned from day to day and from time to time and kept open,
until all evidence and protests have been duly offered and heard; and the-
City Secretary of the City of Fort .•orth, Texas, is hereby directed to
5.
r
give notice of said hearing by publication of Potice in some newspaper
of general circulation in the City of Fort ..orth, Tarrant County,
Texas; said Notice shall be published at least three (3) times in
said newspaper before the date set for hearing, the first of which
publications shall be at least ten (10) days prior to the date of
said hearing, and such Notice by publication shall be valid and
sufficient, without any further form or character of Notice, as
provided for by and in accordance with the terms and provisions
of said Chapter 106, of the Acts of the First Called Session of
the Fortieth Legislature of the State of Texas, known as Article
1105-b of the Revised Civil Statutes of Texas and amendments thereto.
SECTION 5:
Following such hearing as above provided, assessments will
be levied against said abutting property and said railways, and the
real and true owners thereof, for that portion of the costs of
said improvements hereinabove determined to be payable by said
abutting property and said railways, and the real and true owners
thereof, and which assessment against said abutting property shall
be a first and prior lien upon said abutting property and a personal
liability and charge against the real and true owners thereof, and
which assessments against said railways shall be a special tax
upon said railway and its road-bed, ties, rails, fixtures, rights
and franchises, which tax shall constitute a first and superior
lien thereon, and a personal liability and charge against the real
and true owners thereof. In levying said assessments and special
tax, if the name of the owner be unknown, it shall be sufficient
to so state the fact, and if said abutting property be owned by an
estate or by any firm or corporation, it shall be sufficient to so
state the fact, and it shall not be necessary to give the correct
name of any such owner and no error or mistake in attempting to •
name any such owner or in describing any of said property or
railways shall invalidate any assessment, special tax, or certificate
issued in evidence thereof; but, nevertheless, the real and true
owners of said abutting property and said railways shall be liable,
6.
and the assessment against said abutting property and the special
tax upon said railways, shall be valid whether or not such owner
be named, or correctly named, or said property or railway correctly
described therein.
SECTION 7:
This ORDINANCE shall take effect and be in full force
from and after its passage.
PASSED AND APPROVED, this the 22nd day of September, 1948.
MAYOR OF ThE CITY OF FORT WORTH
TEXAS.
ATTEST:
CM SECRETARY
APPROVED AS TO FORM:
ITY AYTORVEY.
7.
(a) That the entire cost of constructing, reconstruct-
ing or repairing said improvements within the area
between and under the rails, tracks, double tracks,
turn-outs and switches, and two feet on each side
thereof, of any railway using, occupying or crossing
said street, shall be paid by the respective real
and true owners thereof, and assessed and taxed against
such railways and their road-beds, ties, 1,9tls-,
fixtures, rights and franchises, and the real and
true owners thereof, in the manner provided by the
terms and provisions of said Acts of the 40th Legis-
lature of the State of Texas (1927) above identified.
The amounts to be paid by and assessed against such
railways shall be payable in installments at the
times and in the manner as hereinafter provided for
the amounts payable by the owners of abutting properties
and shall bear interest at the rate of six (6) per
cent per annum all in a like manner as said amounts
payable by said abutting property owners. Said cost
to be so paid by such railways being in the amounts
as hereinabove set out in Section thereof.
(b) The property abutting upon each of said 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; provided, however, that in no event
shall said remaining costs of said improvements which
are to be paid by, and assessed against said abutting
properties, and the real and true owners thereof,
exceed nine-tenths (9/10ths) of the estimated total
costs of said improvements on such portion of said
street, exclusive of the cost of the curbs and gutters
thereon in front of their respective property, said
costs being at the rate of, and in the amounts, as
hereinabove set out in Section 2 hereof.
Said, portion of said costs for such improvements
shall be assessed against said abutting property and
the real and true owners Hereof; provided, however,
that no amount shall be assessed against such abutting
property and the real and true owner or owners thereof
in excess of the special benefits resulting to such
property by reason of the construction of said improve-
ments. The costs which may be assessed against such
abutting property and the real and true owners thereof
shall be in accordance with the "Front Foot Rule or
Flan", in proportion as the frontage of such property
is to the entire frontage to be improved on each
portion of said street or Unit; providing further, that
if it shall appear at the hearing on special benefits
given to said owners, as hereinafter provided for,
that the application of such rule or plan will result
in inequality or injustice, then such rule of apportion-
ment shall be applied as will in the judgment of the
City Council, produce substantial justice and equality
between respective parcels of property and the real and
true owners thereof, considering the special benefits to
be received and the burdens imposed, all in accordance
with, and as provided for in said Acts of the 40th
Legislature of the State of Texas, First Called Session,
Chap. 106, as hereinabove identified.
That the amounts payable by the real and true
owners of said abutting property shall be paid, and
shall become payable in five (57 equal annual install-
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F r ��
ORDINANCE
No aef
Date _
File— Day of -—
is
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City Secrefitry
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