HomeMy WebLinkAboutOrdinance 4168 ORDINANCE NO.
ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE
COST OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED
FOR IMPROVEMENTS ON A PORTION OF TILLAR STREET AND
A PORTION OF VACEK STREET IN THE CITY OF FORT WORTH,
TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE
OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS
INTERESTED, AND DIRECTING THE CITY SECRETARY TO
GIVE NOTICE.
WHEREAS, the City Council of the City of Fort Worth,
Texas has heretofore ordered that each of the hereinafter
described portions of streets in the City of Fort Worth, Texas,
save and excepting from each said portion the areas occupied
by rails, tracks, double tracks, turnouts and switches and
two feet on each side thereof, be improved by raising, grading
and filling same and by constructing thereon a 10 inch crusher
run crushed limestone flexible base course with a 31 inch hot
mix asphaltic binder course and with a 1i inch hot mix
asphaltic concrete surface, together with combined concrete
curbs and gutters and other necessary incidentals and appurtenances,
and contract therefor has been made and entered into with
Texas Bitulithic Company; and,
WHEREAS, the City Council of the City of Fort Worth,
Texas has heretofore ordered that the areas of the hereinafter
described portions of streets lying between and under rails,
tracks, double tracks, turnouts and switches and two feet on
each side thereof be improved by constructing and placing
thereon a minimum of 6 inches of hot mix asphaltic concrete
surface,with plank crossings to be constructed at all street
intersections, and the Saint Louis, San Francisco and Texas
Railway Company has agreed to construct those said improvements
at its own cost and expense; and,
WHEREAS, all said improvements on the portions of streets
hereinafter described shall be made and constructed as and where
shown on the plans and in strict accordance with the Plans and
Specifications therefor; and,
WHEREAS, the City Council of the City of Fort Worth, Texas
has caused the Public Works Director to prepare and file
estimates of the coat of those improvements which are to be con-
structed by Texas Bitulithic Company pursuant to its contract
with the City and estimates of the amounts per front foot pro-
posed to be assessed against abutting property and the owners
thereof, and such estimates have been examined, THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, THAT:
SECTION I.
Such estimates be, and they are hereby, adopted and
approved.
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SECTION II.
It is hereby found and determined that the cost of the
improvements to be constructed by Texas Bitulithic Company on
that portion of Tillar Street and that portion of Vacek Street
hereinafter described, with the amount or amounts per front foot
proposed to be assessed for such improvements against the
abutting property and the owners thereof, are as follows, to wit:
On TILLAR STREET: from the easterly line of Foch Street
to the westerly line of Vacek Street, known and designated as
Unit No. 1: the estimated cost of the improvements is $23,690.00;
the estimated amount per front foot to be assessed against
abutting property and the owners thereof for curb and gutter is
$2.40; the estimated amount per front foot to be assessed against
abutting property and 'the owners thereof for improvements
exclusive of curb and gutter is $8.89; total estimated amount
per front foot to be assessed against abutting property and the
owners thereof is $11.12;
On VACEK STREET: from the northerly line of White Settlement
Road to the southerly line of Cullen Street, known and designated
as Unit No. 2: the estimated cost of the improvements is
$23,420.00; the estimated amount per front foot to be assessed
against abutting property and the owners thereof for curb and
gutter is $2.40; the estimated amount per front foot to be
assessed against abutting property and the owners thereof for
improvements exclusive of curb and gutter is $12.10; total
estimated amount per front foot to be assessed against abutting
property and the owners thereof is $14.50.
The foregoing cost estimates do not include any part of the
cost of the improvements to be constructed on those portions of
the hereinabove described streets which are occupied by rails,
tracks, double tracks, turnouts and switches and two feet on each
side thereof, as the improvements within those areas are to be
constructed and paid for by the Saint Louis, San Francisco and
Texas Railway Company.
SECTION III.
A hearing be given and held by and before the City Council
of the City of Fort Worth, Texas, to all owning or claiming any
property abutting upon said portion of Tillar Street and said
portion of Vacek Street, as well as to all owning or claiming
any interest in any such property. Such hearing shall be given
and held on the old day of -v s , 1959, at
O o'clock, �{_ M., in the Council Chamber in the
City Hall in the City of Fort Worth, Texas, and the City Secretary
is hereby directed to give notice of the time and place of such
hearing and of other matters and facts in accordance with the
terms and provisions of an Act passed at the First Called Session
of the Fortieth Legislature of the State of Texas, and known as
Chapter 106 of the Acts of said Session, now being shown as
Article 1105b of Vernon's Texas Civil Statutes. Such notice shall
be by advertisement inserted at least three times in a newspaper
published in the City of Fort Worth, Texas, the first publication
to be made at least ten days before the cb.te of said hearing.
Said notice shall comply with and be in accordance with the terms
and provisions of said Act. The City Secretary is further directed
to give personal notice of the time and place of such hearing to
all owning or claiming any propert-► abutting on each said portion
of street, as well as to all owning or claiming any interest in any
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I
such property. Such personal notice shall be given by the City
Secretary mailing said notice, postage prepaid, to the respective
owners of record of the properties to be assessed, and to any
person owning or claiming any interest in said properties, to the
last known address of said owner or persons. It shall not be
necessary for the City Secretary to mail said notice to any
owner or other person claiming any interest in the property to
be assessed when the address of such owner or other person is
unknown to the City Secretary and cannot be determined by the
City Secretary after reasonable investigation. In this
connection, the City Secretary shall prepare and file with these
proceedings a list of the properties to be assessed, the names
of those persons owning or claiming any interest in said properties
to whom the notice was mailed, together with the last known
address of the respective owners and those persons owning or
claiming any interest in said property. The City Secretary
shall certify that each of the parties named in said list whose
address was known to him, was mailed a copy of the notice of
hearing and shall further certify the date or dates on which
said notice was mailed. A copy of the notice shall be attached
to such certificate. The certificate of the City Secretary shall
be conclusive evidence of the facts therein recited. Failure of
the City Secretary to give the notice of hearing by mail as herein
provided for, or failure of the owners or other persons interested
to receive said notice, shall in nowise invalidate said hearing
or any assessments levied pursuant to said hearing, but notice
of hearing shall be sufficient, valid and binding upon all owning
or claiming such abutting property or any interest therein when
same shall have been given by newspaper advertisement as first
hereinabove provided.
PASSED AND APPROVED This `�7 day of _ } c,r �S74" ,
A. D., 1959.
APPROVED AS TO FORM:
i7ty Attorney
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