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HomeMy WebLinkAboutOrdinance 2288 or ORDINANCE NO.t?gLJ?j AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT PORTIONS OF NORTH CALHOUN, NORTH COMMERCE, t7 NORTH HOUSTON, NORTH THROCKMORTON, FOURTH, FIFTH, SIXTH, SEVENTH, NORTHWEST EIGHTH, NORTHEAST EIGHTH, RENFRO, NORTHEAST NINTH AND NORTHEAST ELEVENTH STREETS AND NORTHWEST TRINITY AVENUE 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 SUBSEQUENT PROCEEDINGS RELATING TO SAID IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, CO1"LY KNOWN AS ARTICLE 11O5b OF THE VERNON'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 lip improvement of the hereinafter described portions of streets and avenues 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 hereby determine that it is necessary to permanently improve the follow- ing described portions of streets and avenues within the City of Fort Worth, Texas, as follows, to wit: North Calhoun Street, from the southerly line of Northeast ' Sixth Street to the southerly line of Northeast Seventh Street, to be known and designated as Unit No. 1; North Commerce Street, from the southerly line of Northeast Fourth Street to the southerly line of Northeast Eleventh Street, to be known and designated as Unit No. 2; North Houston Street, from the southerly line of Northwest Fourth Street to the southerly line of Northwest Trinity Avenue, to be Down and designated as Unit No. 3; North Throckmorton Street, from the southerly line of North- west Fifth Street to the northerly line of Northwest Eighth Street, to be known and designated as Unit No. 1+; Fourth Street, from the easterly line of North Houston Street to the westerly line of North Commerce Street, save and ex- cept the intersection of North Main Street, to be known and designated as Unit No. 5; Fifth Street, from the easterly line of North Throckmorton Street to the westerly line of North Commerce Street, save and except the intersections of North Hain Street and North Houston Street, to be known and designated as Unit No. 6; Sixth Street, from the easterly line of North Throckmorton Street to the westerly line of North Calhoun Street, save and except the intersections of North Commerce Street, North Main Street and North Houston Street, to be known and desig- nated as Unit No. 7; Seventh Street, from the easterly line of North Throckmorton Street to the easterly line of North Calhoun Street, save and except the intersections of North Commerce Street, North Main Street and North Houston Street, to be known and desig- nated as Unit No. 8; Northwest Eighth Street, from the easterly line of North , Throckmorton Street to the westerly line of North Houston Street, to be known and designated as Unit No. 9; Northeast Eighth Street, from the easterly line of North Main.Street to the westerly line of North Commerce Street, to be known and designated as Unit No. 10; Northwest Trinity Avenue, from the westerly line of North Houston Street to the westerly line of. North fain Street, to be known and designated as Unit No. 11; Renfro Street, from the easterly line of North fain Street to the westerly line of North Commerce Street, to be known and designated as Unit No. 12; Northeast Ninth Street, from the easterly line of North Main Street to the westerly line of North Commerce Street, to be known and designated as Unit No. 13; and Northeast Eleventh Street, from the easterly line of North Main Street to the easterly line of North Commerce Street, to be known and designated as Unit No. 14 SECTION 2. That there is hereby ordered that said streets and thoroughfares within the limits hereinabove described shall be improved by raising, grad- ing, filling, widening, permanently paring or repaving same by the con- struction, 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 appurte- nances as deemed necessary by said Engineer, said permanent paving to con- sist 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 City Engineer, and all of said im- provements to be as provided 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 streets and avenues 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, occupy++ ing or crossing said streets 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 areas be of the same construction and materials adopted for the other areas of said streets and avenues or not. SECTION 3. In providing for and making such improvements, said City Council deems it advisable and hereby determines to proceed under and in the ex- ercise 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 UIII 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 improve- menu. SECTION 5. The cost of said improvements in each unit as herein defined shall be paid for as follows, to wit: (a) The cost of constructing, reconstructing or repairing said im- 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, occupying 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 terms of the said Act of the Fortieth Legislature of the State of Texas (1927) above identified. (b) The property abutting on such unit 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, exclusive, however, of the amount thereof herein specified to be paid by 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) above, respectively. 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 follows, to wit: When said improvements are completed and accepted by the City Coun- cil on a particular unit, the amounts payable by and assessed against the property abutting thereupon and the real and true owners thereof shall be and become payable in five (5) equal, annual installments, due respective- ly on twenty (20) days, one (1), two (2), three (3) and favour (4) years from the date of said acceptance by said City Council, together with inter- est thereon from said date of acceptance at the rate of six per cent (6%) per annum, payable annually, and the amounts payable by and assessed against the property abutting upon the remaining units and the real and true owners thereof shall be and become due and payable in similar install- ments and at the same times after the date of the acceptance of such respective units by the City Council; 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 pay- ment. Further, if default be made in the payments of any of said install- ments 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 attorney+s 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. 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 arty 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 said improvements and the assessments levied there- for in any one unit of said improvements are in nowise related to or con- nected with the improvements or assessments in any other unit, and in levy- ing said assessments the amount so assessed and the validity of such as- sessment for improvements in any one of said units shall not in anywise be affected by any fact or matter connected with the improvements or the assessments therefor in any other unit, and the omission of part or all of said improvements in any unit shall in nowise affect or impair the improvements or the validity of the assessments therefor in any other unit. Further, the omission of said improvements in any particular unit in front of any parcel of property exempt from the lien of such assessments shall in nowise affect or inpAr the validity of the assessments against the other abutting properties in such unit. SECTION 7. 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. APPROVED AS TO FORM AND LEGAIITY: � _- City Attorney ORDINANCE No. Gl�� Tide av Dale - Filed— Q . day p 1 City See ry PF- C �`