HomeMy WebLinkAboutOrdinance 3999DRDINANCP, NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF OLIVS PLACS
IN THE CITY OF TRY 'WORTH, TEXAS, WITHIN THE LIMITS HERE-
IN DEFINED, BE IMPROVED: PROVIDING WE MANNER IN WHICH
THE COST OF SUCH IMPROVEMENTS SHALL BE PAID: DIRECTING
THE CITY FNGINEER 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.
WHERF'IS, 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 C ty 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:
Ole M PTACS fr= the northerly line of Locke Avenue to the southerly 'Line of
Kalvey Street, known and desI ed as Unit No- 3-
SIMA 2.
That it is hereby ordered that said street within the limits hereinabove des-
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
Fortdeth 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 dart! as Section 17, Chppter XVIII 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.
0-wit .
LFCTION 5.
The cost of said improvements as herein defined shall be paid fcr ;s fol>ws,
(a) The property abutting on that portion of the street and the real and true
owners thereof shall pay all of the cost V the curbs and gutters in front of their
respective property and not exceeding nine-tenths (P/lCths) 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 V said
improvements after deductinF the amounts herein specified to be paid by the abutting
propertieS and the real and true owners thereof as set out above in subsection (P),
The amounts payable by the abutting properties and the real and true owners
thereof Pall be assessed against such properties and the real and true owners therecf
and shall ccnstitute R first and prior lien upon such properties and P perwon7l
liability of the real and true owners thereof, and shall be payable ns follows, to-wit:
2.
Wben 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 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 tina 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 attorney's fees and collection costs, if incurred. However, it is
specifically stipulated and provided that no assessment shall in any apse be made
against nny 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.
ACTION 6>
in the levying and making of said a68nssments, if the namE of any onncr be uq-
kncwn, it shall be sufficient tc so state the fact, and if any prope ty be owned
by on estate or by any firm cr corporatinn, it shall be sufficient to so state, and
it shill not be necessary to give the correct name of any owner, but the real Pod true
own or A the property mentioned shall be YAle and the asse'ssme'nt rig,7,inst --he pro!,� ?rty
chill be vnljd whether ar not such owner he named or correctly nnmed, it is hereby
further provided that in levying said assessments, the cm-'ssicn o .acid
in front of any pnrcel of pToperty exec from the lion of such Pssessmrnts s0l]
in ncwiso affect or Appir the validity of the assessment against the other abutting
Froperties in such street.
SECTION 7,
The City Secretary is hereby directed to cause to be prepared as notice of the
enaninunt of 05 crdinarce and to file said notice with the County Clerk of Tarrant
Csonty, Trxps, nmang the Mortgage 7ecords Of said County,
SECTION S.
T ordin-nce shpil WR effect and be in full force and effect from and after
W 00 Of 03 IOSSQe, PnK it is so ordained.
17`77VA 13 TC KIM:
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