HomeMy WebLinkAboutOrdinance 3397 ORDINANCE no.
APT ORDINANCE DETERRINING THE NECESSITY FOR AND 0RDERING
THAT A PORTION OF swTITAgy nRTv:r
ITT TEC; CITY OF FORT WORTH, TEXAS, WITHIN THE LDIITS HERE-
IN DEFINED, BE Ih4PROVED: PROVIDIYG THE 4,4APD'M IPT WHICH
THE COST OF SUCH I14PROMRENTS SHUT• BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH IRPROVX14ENTS: DIRECTING TEE CITY SECRE-
TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE
VITH THE COUNTY CLERK OF TARRAPTT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE AYD ALL SUBSEQUEI'.T PROCEED-
INGS RELATING TO SUCH I1TROVD)MITS ARE AND SHALL BE PUR-
SUANT TO THE ACT OF THE; FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE'OP TEXAS, CHAPTER 106, C014-
HONLY SNOWN AS ARTICLE 110jb, OF THE VMTONIS 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 tf a street in the City of Fort Worth, Texas,
in the manner hereinafter provided; TREREFORE,
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 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:
61CMINARY DRIVES from the easterly line of Travis Avenue to the
westerly line of Hemphill Street.
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-
�ng or repaving same by the construction, reconstruction, repairing or realigning
3f 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 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 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 Art-
icle 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as adopt-
ed by the City of Fort Worth as Section 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 and specifications for ouch 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, the rPsl erd r.p.
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 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.
follovra, 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 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 attorneys 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.
SECTiox 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.
SECTIOR 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.
SECTIOF g.
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.
APPROVED AS TO FORM:
ty ttorney
n/
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NOTIOE 4324
.`Td
TER STATE OF TEXAS
COUNTY OF TARRANT X
Notice is hereby given that the governing body of the City of
Fort 1!orth, Texas, has ordered and determined it to be necessary that the
of Set+inau Drixs A& the City of Fort Worth, 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 Worth, Texas, being as follows:
SEMINARY DRIVE: from the easterly line of T avis Avenue
to the westerly line of Hemphill Street. ,
IN TESTIMONY `HEREOF, The City of Fort Worth has caused this
protein, M
Instrument to be executed in its behalf and signed by its Mayon this -'
day of 7�-G�zrt �� , A.D. 19511
5
r CITY OF FORT WORTH
t
er protein
of •1.` .
CitySecretary'�
STATE OF TEXAS
COUNTY OF TARP M �
BEFORE ME, the undersigned authority, a Notary Public in and for
the State and County aforesaid, on this day personally appeared Jesi-F. .TBriton
, 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 !m Worth, a municipal corporation of Tarrant County, Texas, and
`� tje�Tisyor ereof, and for the purposes and consideration therein expressed.
6TM UNDER SAY HARD AND SM-OF OFFICE, this-the day of
c 1� A.D. 195
o ry Public in and for Tarrant
County, Texas
ORDINANCE
No
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Title
Date
Filed Day of
City aecr$fary
P.®.No.25449-U