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HomeMy WebLinkAboutOrdinance 2591 ORDINANCE NO, 2 Sql AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER- ING THAT A PORTION OF EL CAMPO AVENOE IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN IEFINED, BE IMPROVED: PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROPEMNNTS SHALL BE PAID; DIRECTING THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROVIMTS; 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 PRO- CEEDINGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTISTH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF THE VERNONtS STATUTES 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 an Avenue 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 determine that it is necessary to permanently improve the following described portion of an avenue within the City of fort Worth, Texas, as follows, to-Vitt El Campo Avenue, from the westerly line of Horne Street to the ewe*t- erly line of Halloran Street. SECTION 2. That it is hereby ordered that said avenue within the limits hereinabove described shall be improved by raising, grading, filling, widening, permanently paving or repaving same by the construction, reconstruction, repairing or re- aligning 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 inci- dentals and appurtenances as deemed necessary by said Engineer, said permanent paving to constst of the construction of an adequate wearing surface upon a substantial base course, both of such type, construction, materials and thick- ness as is deemed adequate and proper by said Engineer, and all of said improve- ments to be provided for in the plans and specifications therefor, to be pre- pared by said City Engineer as hereinafter directed, and as shall be approved and adopted by the City Council. SECTION 3. 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 knopn 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 X%III of the Charter of said City. SECTION 4. The City Engineer is hereby directed to forthwith prepare and file with the City Council complete pl@ns and specifications for such improvements. SECTION 5. The cost of said improvements as herein defined shall be paid for as fol- lows, to-wit: (a) The property abutting on that portion of the 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. (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 abutting properties and the real and true owners thereof as set out in subsection (a) above. -The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real and truce 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 pay- able 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 annual 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 suds installments at any time before maturity thereof by paying the total amount of prtnipal 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 when same ma- tures, 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 irr. mediately due and payable, together with reasonable attorneyts fees and collection costs, if incurred. However, it is specifically stipulated and provided that no assessment shall in any case be made against any pro- perty 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 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. 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 against the other abutting properties in such streets 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 Tarrant County, Texas, among the Mortgage Records of said County. SECTION S. 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: City Attorney 1 NOTICE TIM STATE OF TEXAS COUNTY Of TARRANT Notios is boreby gLesn that the gereraing body of the City of Fort Forth, Texas, has erdsred and dotorminod it to be necessary that the fol- lW-" portion of ZI Campo Avenue in the City of Fort Worth, Tarrant Bounty, Texas, be improved mad tUt a portion of the cost of such bo"Yon a.t is to be specially assessed as a lion upon the pzWorty abating thereon, said portion of Avenue in the 01t7 of Fort Worth, Texas, being as followst in Cave Avenue. from the westerly lino of Herne Street to the westerly line of Halloran Street. IN TESTIMONY WSNREVF, the City of Fort Forth has caused this instrm- mont to be om"uted in its behalf and sighed by its Mayor, this der of , A. D. 1948. CITY OF TORT WORTH ATTZSTs BY �atiya r liviase*MMtaly STATE OF TEXAS COMM OF TARRANT BMFZ MR, the undersigesd authority, a Notary Public in and for the State and County aforesaid, on this day personally appsared P. Z. Dan, knoha to me to be the person whose name is subscribed to the foregoing instrument, and *01mowleW to me that he executed the same as the act and deed of the M.y of Fort North, a mmiaipal corporation of Tarrant County, Texas, and as �e Ma"r thoroof4. and for the purposes and consideration therein expressed. GIVEN UM UT HAND AND SUL OF CITICZ, this the day of ...,..�.....,.....� A. A. 194. Notary PiMic is and for Tarrant Covmty, Texas ORDINANCE No. Title Dale w-- — �r Day of� � . r City Secrecy 1• P.0.No.1"Sa