HomeMy WebLinkAboutOrdinance 3395 ORDINANCE 1I0. 39
AN ORDINANCE DEM-MINING THE NECESSITY FOP. ADM ORDERING
THAT A PORTION OF A0gTMrMT TWM= FOURTH STREET
IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LUTITS HERE-
TIT DEFINED, BE IMPROVED! PROVIDING THE ?,WTTTER IN WHICH
THE COST OF SUCH IMPROVEAEFTS SHALL BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH IMPROVEMENTS: DIRECTING THE CITY SECRE-
TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE ADTD ALL SUBSEQUET.'T PROCEED-
INGS RELAT IDTG TO SUCH 11.TPROVEtMTTS ARE AND SHALL BB PUR-
SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COIT-
MOI LY RDTOWN AS ARTICLE 110§b, OF THE VERPTONIS 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 cf a street in the City of Fort Worth, Texas,
in the manner hereinafter provided; THEREFORE,
BE IT ORDA. DTED 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 det-
ermine 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:
NORTHWEST TlIWM FOURTH STREET: from the northwesterly line of Robinson
Street to the southeasterly line of Titus Street, known and designated as
Unit No. 3.
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SECTION 2.
That it is hereby ordered that said street within the limits hereinabove des-
:ribed shall be improved by raising, grading, filling, widening, permanently pav-
Lng or repaving same by the construction, reconstruction, repairing or realigning
)f concrete curbs and gutters in the manner and where the City Engineer determines
Ghat 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 Engineer, said permanent paving to consist of the con-
struction 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 direct-
ed, 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 ad-
visable and hereby determines to proceed under and in the exercise of the posers,
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 Art-
icle 1105b of the Revised Civil Statutes of Texas, 1925, as amended. and as adopt-
ed by-the City of Fort Worth as Rection 17,, Chapter XXIII 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 end specifications for such improvements.
SECTION 5.
The cost of said improvements as herein defined shall be paid for as follows,
to wit:
(a) The property abutting on that portion of the street and thc+ real RPA +-.I-
owners thereof shall pay all of the cost of the curbs and gutters in front of
their respective property and not exceeding nine-tenths (9110ths) of the esti-
mated 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 abutt-
ing properties and the real and true owners thereof as set out above in subsect-
ion (a).
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
2.
follows, to wit.
When said improvements are completed and accepted by the City Council, the
mounts 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 an-
nual 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 in-
stallments at any time before maturity thereof by paying the total amount of prin-
cipal due, together with interest accrued to the date of payment. Further, if de-
fault be made in the payments of any of said installments of principal or interest
promptly when 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 be-
come immediately due and payable, together with reasonable attorney'e fees and col-
lection 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 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 un-
known, 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 again-
st the other abutting properties in such street.
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 Tar-
rant County, Texas, among the Mortgage Records of said County.
SECTION go
This ordinance shall take effect and be in full force and effect from and af-
ter the date of its passage, and it is so ordained.
APPMVED AS TO FORK:
044.�j,t„t ity Attorney -
PTTITION FOR STRr-PT PAVING
NY 24th Street from the xy
IIIIb
line of Wandless Street to the SD
line of Robinson Street
TO THF• WNORAELF C17Y COUNCIL OF THP CITY OF FORT WORTH, T-C.SS:
'fie, the undersigned owners of properties abutting upon the above street within
the limits stated, in the City of Fort !Worth, Texas, hereby respectively sub-
mit this, our petition, and represent to the City Council as follows:
1. That there exists an urgent necessity that the above named street
between the above limits be improved, widened, if and as required, and caved;
and,
2. That we request the City Council to order said street within said
limits improved, widened, if and as required, and paved, and cause same to
be improved and paved, by the construction of an adequate sub-base, base,
and wearing surface, and by the construction, reconstruction, or repair of
concrete curbs and gutters where deemed necessary by the City Engineer, and
the construction of drains and other necessary incidentals and appurtenances,
all of said improvements to be of such character, type, and construction as
deemed adequate and in accordance with the plans and specifications to be
prepared, by the City Engineer, and approved and adopted by the City Council
therefore; and,
3. That said improvements be, by the City Council, ordered, constructed,
and had pursuant to, and in accordance with, the pouters, terms, and provisions
of Chapter 106 of the acts of the let Called Session of the 40th Legislature
of the State of Texas, which is known and shown as Article 1105b of ?devised
Civil Statues of Texas, 1925, as amended, and which is adopted by, and as,
Section 17, Chapter XXIII, of the Charter of the City of Fort Vlorth, Texas,
and that pursuant to 1ct, the costs of said improvements be apportioned, by
the City Council, between the City* of Fort Worth, any railways, street rail-
ways, or in.terurbans using, occupying or crossing said street, and the ormers
of the properties abutting upon said street within said limits ar4 that<the
undersigned owners hereby agree to pay such portion of said costs as may be
apportioned and assessed against them and their respective properties by
the City Council.
Respectfully submitted,
ORNFR LOT BLOCK WITION FrRON� T FCOTAT'
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LOT BLOCK IiDDITION FOOT,'M.
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F"TITION FOR STFr- ?T PRVnZ �1,,�
from the '*
Lim of 4 5 to the
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line of -71 T
TO THE MWORAELF. CITY COUNCIL OF THE? CITY OF FORT WORTH, MkS:
Te, the undersigned owners of properties abutting upon the above street within
the limits stated, in the City of Fort Worth, Texas, hereby respectively sub-
mit this, our petition, and represent to the City Council as follows:
1. That there exists an urgent necessity that the above named street
between the above limits be improved, widened, if and as required, and raved;
and,
2. That we request the City Council to order said street within said
limits improved, widened, if and as required, and paved, and cause same to
be improved and paved, by the construction of an adequate sub-base, base,
and wearing surface, and by the construction, reconstruction, or repair of
concrete curbs and gutters where deemed necessary by the City Engineer, and
the construction of drains and other necessary, incidentals and appurtenances,
all of said improvements to be of such character, type, and construction as
deemed adequate and in accordance with the plans and specifications to be
prepared, by the City Engineer, and approved and adopted by the City Council
theMfore, and
3. That said improvements be, by the City Council, ordered, constructed,
and had pursuant to, and in accordance with, the pa+;ers, terms, and provisions
of Chapter 106 of the icts 'of the lst Called Session of the 40th Legislature
of the State of Texas, which is known and shown as article 1105b of Revised
Civil Statues of Texas, 1925, as amended, and which is adopted by, and as,
Section 17, Chapter XXIII, of the Charter of the City of Fort 14orth, Texas,
and that pursuant to 1ct, the costs of said improvements be apportioned, by
the City Ce.neil, between the City of Fort Worth, any railways, street rail-
ways, or in irurbans using, occupying or crossing said street, and the ormers
of the prope--.ties abutting upon said street within said limits and that the
undersigned owners hereb7 agree to pay such portion of said costs as map be
apportioned and assessed against them and their respective properties by
the City Council.
Respectfully submitted,
ORNM WT 3WCK ;DDITION FRO"?T FOOTACP
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OCTQ(DC-Z 1955
ORDINANCE
No. %'�'
Title
e
Date -
Filed L, Day of -_
19
City Secretary
/-.30
P.O.No.26449-U