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HomeMy WebLinkAboutOrdinance 3388 ORDINANCE N0. 3 V AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT A PORTION OF BEACH STREET EXTENSION IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN DEFINID, BE IMPROVED; PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID; DIRECTING THE CITY ENGINEER TO PBLPARE 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 TARRAATP COUNTY, TEXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBS& WENT PROCEEDINGS RELATING TO SUCH IMPROVEMENTS ARM 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 VERAONIS STAT* OF TEXAS. WHEREAS, The City Council of the City of Fort Worth, Texas, has deter- mined that a public necessity exists for and has decided to order the improve- ment 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 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 following described portion of a street within the City of Fort Worth, Texas, as follows, to-wit: BEACH STREET EXTENSION: from the southeasterly line of Belknap Street to the southerly line of Galves Avenue known and designated as Unit No. 1 SECTION 2. That there is hereby ordered that said street within the limits herein- above 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 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 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 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 Civil 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 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 improve- ments 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, 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 portion of Beach Street Extension 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 (9/10th) of the estimated cost of the remainder of such improvements, exclusive however, of the amount 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 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 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 (9) and four (4) years from the date of said acceptance by said City Council, to- gether 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 install- ments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued 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 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 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 snaking 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 owners or 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 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 with the County Clerk of Tarrant County, Texas, among the Mortgage Records of said county. SECTION S. 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: pss,sTgnJ-' City Attorney .516 f NOT ICE THE STATE OF TEAS COUM OF TAEYtANT ( ) Notice is hereby given that the governing body of the City of Fort North, Texas, has ordered and determined it to be necessary that the following portion of Beach Street Extension in the City of Fort North, Tarrant County, Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property abutting thereon, said portion of street in the City of Fort North, Texas, being as follows: BEACH STREET EXTENSION: from the southerly line of Belknap Street to the southerly line of Galvez Avenue, known and designated as Unit No. 1. IN TESTIMONY WHEREOF, The City of Fort north has caused thi$ instrument jr to be executed in its behalf and signed by its Mayor, this 3 day of A.D.195'�_ ` j, �� �ty��: CITY OF F RT d"' a Oer � " Mayor ., ATTEST: r '*. +*' 0 Ci•�y S�cretaz9. ' STATE OF TElW ( ) COUNTY OF TARRANT ( ) BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared Dr. F. E. (Jack)Garrison, 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 North, 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 day of QtP. . A.D. 195..'�. ry Public in and for Tarrant County, Texas