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Home My WebLink AboutOrdinance 4134 ORDINANCF: NO. --i-�=-f-- AN ORDINANCE DETERMINING THE NECESSITY FUR AND ORDERING THAT A PORTION OF DONNELLY AVENUE IN THE CITY OF FORT WORTH, TEXAS, WI IN THE LIMITS HERE- IN 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 SPECIFI- CATIONS FOR SUCH IMPROVEMENTS: DIRECTING THE CITY SECRE- TARY TO FILE A NOTICE OF THE; ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE- CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED- INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR- SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI- ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COM- MONLY KNOWN AS ARTICLE 1105b,, OF THE VERNON'S 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 a street in the City of Fort Worth, Texas, 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 permanently improve the following described portion of a street within the City of Fort Worth, Texas, as follows, to-wit: DONNELLY AVENUE from the easterly line of Iittlepage Street to the easterly line of Halloran Street. 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 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 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 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. SECTION 3. In providing for and making such improvements, said City Council deems it advisable 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 Article 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as adopted by the City of Fort North as Section 17, Chapter XXIII of the Charter of said City. SECTION h. The City Engineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. ;;ECTI0N 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 (9/1Cths) of the estimated 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 abutting properties and the real and true owners thereof as set out above in subsection (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 follows, to-wit.: 2. When said improvements are complet4ed 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 annual install- ments, 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 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 assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable, together with reasonable attorneys 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 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 6. In the levying and making of said assessments, if the name of any owner be un- known, 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 correct 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. It is hereby further provided that in levying said assessments, the omission 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 assessment against the other abutting properties in such street. SECTION 7. The City Secretary is hereby directed to cause to be prepared a notice of the enactment of this ordinance and to file said notice with the County Clerk of Tarrant County, Texas, among the Mortgage Records of said County. SECTICN 8. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. PPFRCVED AS 'IC FORM: ,ity Attorney _ ,swom Willms 1 11 ft- Ow �iii� 02 IS� � Will"111,111 -a =rl 11 llKnn.rrrn�rrn. . .11111'e'umll .. vim I --- sMON MINOR 10110 P 1 14111 a ISO I ORION hot, ii liiill"hil luluillift".21 �+� ,�..� W 1 i — I =A I - m =, me ON 091ph, MF all ML%l MORS1610 Nil �!.IMP. in M. M11UHM SUN,! Gap] 102imm 11110=1 all 7 11 M Imp SOON 11111111 fill." I W �,� � 51247 NOTICE THE STATE OF TEXAS Q COUNTY OF TARRANT � Notice is hereby given that the governing body of the City of Fort Worth, Texas, has ordered and determined it to be necessary that the following portion of DCNNELLY AVENUE in the City of Fort Worth, Tarrant County, Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property aubtting thereon, said portion of street in the City of Fort Jorth, Texas, being as follows: DCNNELLY AVENUE from the easterly line of Idttlepage Street to the easterly line of Halloran Street. IN Tr;STIHONY T.IUMF, the City of Fort vkrth has caused this instrument tt swacuta in its behalf and signed by its Mayor, this 2Ath >S. j day of "j; ,;,; A.D., 19-2 CITY OF FORT !kRTH ATTEST::" y By ci ty Secretary STATE OF TEXAS COUNTY OF T.4RRANT BEFORE r;E, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared Mr. lbtRXKK= Z.,L. McCann, known to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed. ,-0 GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the :t day �).e ,) a.:!'::+�p ��•., i , A.L., 19 CJ 1j icj+ A-1 Notary Public in and for Tarrant County, Texas