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HomeMy WebLinkAboutOrdinance 2861 ORDINANCE NO. Z O U AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDM- ING THAT PORTIONS OF JESSAMINE STREET, RAMSEY AVENUE AND PAGE STREET IN THE CITY OF FORT WORTH, TEXAS, WITS IA THE LIMITS HEREIN DEFINED, 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 CLERIC OF TARMUM COUNTY, TEXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SUCH P4PR0VE- MENTS 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 VERNONIS STATUTES OF TEXAS. WEE MS, the City Council of the City of Fort Worth, 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 here- by determine that it is necessary to permanently improve the following described portions of streets and avenue within the City of Fort Worth, Texas, as follows, to wit: JESSAMINE STREET: From the westerly line of South Main Street to the easterly Right-of-Way Line of the H. & T. C. R. R., known and desig- nated as Unit No. 1. JESSAMINE STREET: From the easterly Right-of-Way Line of the H. & T. C. R. R. to the easterly line of Jennings Avenue, known and designated as Unit No. 2. RAMSEY AVENUE: From the westerly line of South Main Street to the easterly line of Jennings Avenue, known and designated as Unit No. 3, PAGE STREET: From the westerly line of South Main Street to the westerly Right-of-Way Line of the H. ?a T. C. R. R., known and designated as Unit No. 4. 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 nor 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 coarse, both of such type, construction, materials and thickaves as is deemedl adequate and proper by said Engineer, and all of said improvements to be as provid- ed for in the plans and specifications therefor, to be prepared by " City Ingineer as hereinafter directed, and as shall be approved and adapted by the City Council. That the area of the above street withia the limits above defined lying between and under rails, doable tracks, turnouts and switches, and two feet on each side thereof, of say railway, street rail- way or interurban using, occupying or crossing said street within the limits defined shall be improved with such type of construction and of such material or materials sad 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 each improvements, said City Council deems it advisable and hereby determines to proceed under and in the exer- cise of the powers, tome and provisions of Chapter 106 ofthe Acts of the First-Called Session of the Fortieth Legislature of the State of Texan., 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 North as Sec- ion 17, Chapter XMI , of the Charter of said City. SECTION 4. That the City Engineer is hereby directed to forthwith prepare end file with the City Council complete plans and specifications for such im- provements. SECTION 5. That the cost of said improvements shall be paid for as follows, to Vitt (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 aide thereof, of any railway, street railway or interurban using.660upying 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 Fortieth Legislature of the State of Texas (1927) above identified. (b) The property abutting on those portions of Jessamine Street, Ramsey Avenue and Page Street, as described above in Section I. and the real and true owners thereof shall pay all of the cost of the curbs and and gutters in front of their respective property and not exceed- ing nine-tenthe (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 not 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) respectidely. That the amounts payable by the abutting properties and the real and true owners thereof shall be assessed agaiset 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 (61) per an—, payable anrmally; provided, however, that the owners of said property shall have the privilege of pay- ing any one of or all of such installments at wW time before maturity there of by paying the total amount of principal due, together with interest ac- creed to the date of payment. Further, if default be made in the payments of any of said install ments of principal or interest promptly as same ma- tures, then at the option of the contractor or assigns the enitre emcant of the assessment upon which such default is made shall be and become im- 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 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. szmw 6. 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, 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. Farther, the omis- sion of said im_orovements 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 Comaty Clerk of Tarrant Coanty. Texas, among the Mortgage Records of said countyr SECTION S. That this ordinance shall take effect and be in Hill force and ef— fect from and kfter the data of its passage, and A is so ordained. APPROVED AS TO FORM AND LEGALIM �Cy' L"—' City Attoruey „rCT, WTV _ ` 0 ,err try+►; 24% MI PIA” rA ar © xyKa rA :— 11�4 w� WA�t1� yrp f#2 it mm, ,��� r� u �. MQ a EWA I' s 11151 BENZ wzu r . l• ttt� tt�L' ttt� MCA ttt� ;�;,��: „�: Q� m ® ter � � 1���R�Q,AO- .��� �©,• 0� �V' Q ` �� /� c�,� !� !F� tt� ® ttC/t t�3 � ► �� ®tea t MR �•✓� 0 P.rL ® !: trite tit ,. . ©foil WNW WAR :ram OWN - �a�� =.CLAIM t ml AfM ■�► o ;�� ,��'� �0 ���. ��. trot �■ © �■ v im Mi Igloo �MIMWAw MAN mum AM LTA ediLAM 0 ' LtFi'Q Q Q !q g-1tt9tt Q ® 0 Q 1 w � tet� LO tt� Q7 t:a�'-C�:7'• '���r7���1 t� tt'�i t� t� ® t!� 0 A 1 MMM WE= this «�D> tn� WWAM LIM t�'i !'� ® © IE�1 !mil�1.�1 ri \�C ®tl�d' !� m_'" �_ ®_ i, _® ►"IJ t " Q 3m OIrim _Rm Q ME !im "Am +its. :�!'� Ala Q ill 0 �i 'lam !Z ��I■ ill 0 ill l� Q'Q�, r�. MUM ORDINANCE No. a Titl Date Day of City Secretary # : P. O.No. s83$