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HomeMy WebLinkAboutOrdinance 2368 ORDINANCE NO. 2368 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER, ING THAT A PORTION OF EAST SECOND STREET IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE T. TS HEREIN DE- FINED, BE IMPROVED, PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID; DIRECTING THE CITY ENGINEER TO PREPARE 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 TARRANT COUNTY, TEXAS; AND DECLARING THAT THIS ORD324ANCE AND ALL SUBSBOW PROCEEDINGS RELATING TO SUCH IM- PROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF THE VERNONI3 STATUTES OF TEXAS. WHEREAS, the City Council of the City of Fort North, Texas, has de- termined that a public necessity exists for and has decided to order the improvement 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 peimnently improve the following described portion of a street within the City of Fort Worth, Texas, as follows, to wit: East Second Street, from the easterly line of Elm Street to the easterly line of Calhoun Street, save and except the intersection of Jones Street. SECTION 2. That there is hereby ordered that said street within the limits here- inabove 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 as 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 ma- terial 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 exer- cise of the powers, terms and provisions of Chapter 106 of the Acts of the Firat-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 Sec- tion 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 imm- provements, 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 im- provements 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 por- tion 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 For- tieth Legislature of the State of Texas (1927) above identified. (b) The property abutting on that portion of East Second Street be- tween the easterly line of Ela Street and the easterly line of Calhoun 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 exceed- ing nine-tenths (9/10ths) of the estimated cost of the remainder of such improvements, exclusive, however, of the amount thereof 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 sub- sections (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 there- of, 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 (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 pay- ing any one of or all of such installments at any time before maturity there- of by paying the total amount of principal due, together with interest ae- erued to the date of payment. Purther, if default be made in the payments of any of said installments of principal or interest promptly as 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 im- mediately due and payable, together with reasonable attorneyte fees and collection 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 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 b. That 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 cor- rect name of any owner, bat 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 omis- sion 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 8. That this ordinance shall take effect and be in full force and ef- fect from and after the date of its passage, and it is so ordained. APPROVED AS�TOf FORM AND LEGALITY: City Attorney ORDINANCE No.. LS Title RV e C QY1 0 Aburh--P—YCC4� evxg—W ffm om e, eyt Date l3 ' PWY Filed day of �vl� 1 - 19 - 1P ely City Secretary �p i a P, O. No. 6043-P