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HomeMy WebLinkAboutOrdinance 2608 ORDINANCE No. 2608 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING THAT A PORTION OF SYLVANIA AVENUE IN THE CITY OF FORT WORTH, TMUS, WITHIN THE LIMITS HEREIN DBFIM, BE IMPROVED] PROVIDING THE MANNER IN WHICH THE COST OF SUCH IMPROVEMENTS SHALL BE PAID] DIRECTING THE CITY ENGINESA TO PREPARE AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROVE- UMS; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COMM. TERASj AND DECLAR- ING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED- INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TE W, CHAP- TER 106. ComoNLY nowN AS ARTiaLS llorjb, OF THE vER- NONiS 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 of an Avenue in the City of Fort Worth, Texas, in the man- ner hereinafter provided; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TE%ASt 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 an Avenue within the City of Fort Worth, Texas, as follows, to-wits SYLVANIA AVENUE, from the northerly line of East Fourth Street to the souther- ly line of Bast Belknap Street, known and designated as Unit No. 1. SYLVANIA AV]=, from the northerly line of Race Street to the southerly line of North East Twenty Eighth Street, known and designated as Unit No. 2. SECTION 2. That it to hereby ordered that said Avenue within the limits hereibabove des- cribed 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 deteradnes 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 construction of an adequate wearing surface ton a substantial base coursej both of such type, construction, mat- erials, and thickness as is deemed adequate and proper by said Engineer, mad all of said improvements to be provided for in the plane and specifications therefor, to be prepared by said City Engineer as hereinafter directed, amd as shall be approved and adopted by the City Council. I i SZCTIox 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 show 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 Ma II of the Charter of said City. SECTI02� �. The City Engineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. 820TIOx 5. The cost of said improvements as herein defined shall be paid for as follows, to Witt (a) The property abutting on that portion of the Avenue 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 exceeding nine-tenths (9/10ths) of the estimated cost of the remainder of such improvements. (b) The City of fort Worth shall pay all of the remainder of the coat of said improvements after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out above in subsection (a) above. 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 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 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 ownwe of said property shall have the privilege of paying any one of or all of such installments at any time before maturity thereof by paying the total amount of principal due, together with interest accrued to the date of payment. Further, if default 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 •r. assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable, together with reasonable attor- neyls fees and collection costs, if incurred. However, it is specifically sti- pulated 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 b. In the levying and making of said assessments, if the name of any owner be unknown, it shall be sufficient to sostate the fact, and if any property be own- ed by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be nedessary to give the correct name of Bay owner, but the real and true owner of the property mentioned shall be liable and the assessment again- st 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 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 assess- ments against the other abutting properties in such street. S&OTION 7• The City Secretary is hereby directed to cause to be prepared a notice of tle-enactment of this ordinance and to file said notice with the County Clork of Tarrant County, Texas, among the Mortgage Records of said County. SECTION 8. This ordinance shell take effect and be in full force and effect from and af- ter the date of its passage, and it is so ordained. APPROM AS TO 70311 �Gityrney ORDINANCE Title Date Filed a 19 ` ' City Secretary P.O.No.1278-8