HomeMy WebLinkAboutOrdinance 2811 ORDINANCE ITO. 1 -=
AN ORDINANCE DETERI-IINIEG THE NECESSITY FOR AND ORDERING
THAT A PORTION OF SouthSylvania Jvenue
`:N THE CITY OF FORT WORTH, TEXAS, WITHIN THE LOUTS HERE-
::,N ZI WIMD, BE IMPROVED, PROVIDI?TG THE HANKER IN WHICiH
'!HE COST OF SUCH IMPROVEIRTTS SHALT BE PAID: DIRECTING
UE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH n(PROVEl.MNTS: DIRECTIM THE CITY SECRE-
TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDIFAITCE
WITH THE COUNTY CLERK OF TARWIT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE AND ALL SUBSEQUEP!T PROCEED-
INGS RELATING TO SUCH IMPROMMITS ARE AND SHALT. BE PUR-
SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS. CHAPTER 106, Com-
fSONLY KNORT AS ARTICLE 1105b, OF THE VMTONIS STATUSES
OF TEXAS.
WHEREAS, the City Council of the City of Fort North, Texas, has determined
that a public necessity exists for and has decided to order the improvement of
the hereinafter described portion cf a street in the City of Fort Worth, Texas,
In the manner hereinafter provided; THEREFORE,
BE IT ORDAIPTED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH. TEARS:
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 'North, Texas, as follows, to-wit:
South 5 '_ Avenue; From the southerLT line of East Fourth Street to the
northerly line of Fisher Avenue.
SECTION 2-
That it is hereby ordered that said street within the limits hereinabove des-
cribed shall be improved by raising, grading, filling, widening, permanently pav-
ing 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 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,i1925, 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 such improvements.
SECTIOIT 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 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 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
0
follows, to srit.,
Whmz said improvements arc complotod and accepted by the City Council, the
amounts payable by and assessed against the property abutting thereon and the
real anct true owners thereof shall be and become payable in Ten (10) equal an-
nual installments. due respectively on twenty (20) clays, one (1), tiro (2), three
(3), four (4), five (5). six (6), seven (7), eight (8), and nine (9) years from
the date of said acceptance by said City Council, together with interest thereon
from said (late of acceptance at the rate of six par cent (6%) per annun, payable
annually, provided, however, that the owncre of said property shall have the
privilege of paying any one of or all of such installments at any time before
-i^turity thereof by paying the total amount of principal duo. to�x ther with in
to .ecst accruod to the ea.to of payment. Purther, if default be made in the pay-
rents of any of said installments of principal or interest promptly when same
-natures, than at the option of the Contractor or assigns, the entire amount of
chc assessment upon which such e-o fault is nado shall be and become immocliately
ue and payable, together vrith reasonable attorneys fees and collection costs,
if incurred.. 'However, it is specifically stipulated and provided that no assess-
mont shall in any case be matte against any property or the real or true w ners
thereof in excess of the spacial benefits to accrue to such property in the on-
.-aanced value thereof resulting from said Inprovomonts.
sECTION 6.
In the levying and making of said assessments, if the name of any o%,rncr be un-
lmounj it shall be sufficient to so state the fact, and if any property be oomed
'ay an estate. or by any firm or corporation, it shall be sufficient to so state,
and it shall not be necessary to give the eorrect name of any mmer, but the real
a..v true ox-mcr of the property mentionoC.. shall be liable ane, the assessment against
the property shall be valid whether or not such owner be named or correctly nam-
ed. It is hereby further provided that in levying said assessments, the omission
3.
of said improvenonts in front of any parcel of property exempt from the lien of
such assosenonts shall in nowiso affect or inpair the valiclity of the assessments
against the other abutting properties in such streot.
SECTION 7.
The City Secretary is hereby dircet"I to cause to be proparod a notice of the
enactment of this ordinance aneL to file said notice with the County Clork of Tar-
rant County, Texas, amon;; the Mortgage Rocorea of said County,
SECTION 8.
This ordinance shall take offect and be in full force and effect from and af-
ter the date of its passage, and it is so ordained.
APPROM AS TO FORM
EL21_z_�
City Attorney
ORDINANCE
No.-A J'//
Titie /�t
A
Date-
a
Fil Day of
19
Cit Secretary
P. o.No. 13697-R