HomeMy WebLinkAboutOrdinance 2442 ORDINAVC,E NO.
AN MINA CE DSr4WW iG Ta NWCZ5SITT FOR AND ORDERING
THAT A PORTION OF C=M STRMT, IN Till+ CITY`OF FORT
EARTH, TEXAS, WITHIN THE LISTS HZUZN DEFINED, BE ZIP-
PWVW; MOVIDING THE .""NEE IN 101HIC4 THE F SUCH
DVWV&MTS SHALL BE 'AID; DIUCTI G THE CITY MIKEIR
To P VARZ Aft FILE PLANS "D SPECIFICATIONS FOR SUCH
I V" TS; D="TINE THE CITY MCHMUM TO TILE A
NOTICE OF TAS ADOPTION OF THIS tYil`DINAEGE WITH THE COUNTY
CLAW OF TAM COUNTY, T AS- AND DMARM THAT THIS
ORDINANCE AND ALL SUBSI U&T° PADOEMINGS RMATING TO SUCH
I)MMENTS ARE AND SHALL BE PUESUAi'IT TO THE ACT OF THE
FIRST-CALLED r MION OF THE FORTIM I (GISI 'TU :, OF THE
STATE OF 'T S, CHAPT92 106, CC NLY KNOINN AS ARTICLE
1105b OF THE VMKONTS STATUTM OF TEAS,.
1 HMMAS, the City Council of the City of Fort 'forth, Texas, has.de-
termined that a public necessity exists for and has decide to order the im-
proveftent of the hereinafter described poition' of a street in the City of
Fort Worth, Texas, in the manner hereinaf`iwer provided; THE!MORE,
BE IT ORDAINED BY THIP, CITY COUNCIL OF TRIA, CITY OF FCaT WORTH, TEAS;
SECTION 1
That there exists a public necessity, asl said City Council does here-
by determine that it is necessawy to ptermanaentrly innorove the following de-
scribed portion of a street withi n the City of Fort Worth, Texas, as follows
to wits
Cullers Street, from the east property line of Foch Street
to the west edge of pavement on Jacfna'ai. nno Highway*
SECTION
That it is hereby orderwl that said street within the limits herein-
above described shall be improved by raisiou;n grading, filling, widening,
permanently panning or repaving same by, the const Hann t ia)an;, retea nstruction, re-
pairing or realigning of concrete oarba and gutter^s in the ;u=er and where
the City Engineer de ern„nisnds that adequate curbs and;gutters are not now in-
stalled on proper grade and line,T, and by coask„n aetion of aadh drains and
other necessary incidentale anti a purteusnncean as deamrA' necoveary, 'by said
Engineer, said permanent, paving to v*nntLst of the construction of an adequate
gearing;surface upon a substantial lase ooanrsnn, both of such type, construe-
tion, materials and thickness as is deegwd aqua#te and groper by said n.
Cineer,:an(], alb of said imsprr ovemrardt- tar be as provided, for in the plans and
specifications therefor, to be prepared by said City &,give r as hereinafter
directed, and as shall be approved and adopted by the City Council,
d IG,N 3,
In providing for and, sma igg swu,6 imaprovemaents, said City Council
deems it advisable and/ hereby daturrsines to proceer under and In the exer-
cise of the powers, tersms and provisions of 43,'htpter 106 of the Acts of the
First-Called Cession of the Fortieth Legislature of the State of Texas, which
is known and shown. as Article 1-105b of the Revised Civil Statutes of Texas,
1925, as amended, and as addptes by the City or Fort Forth as Section 17,
Chapter'XXIII.,, of this Charter of said Cityo
WTICti 4.
The City Rngineer is horeby di,r,^eetkud to forthwith prepare and file
with the City Council complete plans and, specifications for such improve-
vents,
S CTIDN ",
The cost of said improvements as heroin defined shall be paid for
as follows, to wit.
(a) The property abutting, on that, portion of the stream to be imp:
proved. and the real And true owners thereof spsdl,'p pay all of the cast of the
curbs and gutters in front of their respective property and not exceeding
nine-teaths (9/10ths) of the est°izated east of the remainder of such improve-
Monte,
(b) The City of Fort Worth wsrual,l,paF all of the reraaiinder of the
oast of said improv `ent s after, dddaraatiAg the imwunts;herein specified to
be paid by the abutt nr properties and tyre real, and true owners thereof, as
set out above in subsection; (a) srLnrre,
The amounts payable;by the abuts'rrg properties and the real and true:
owners thereof shall be assessed agaiagt such propepds1ao and the real and
fl%
true offers thereof and shal l eon titut.e a first and prior lien upon such
properties and a personal liability of the real and true Downers thereof, and
skull be payable as follows,,to wits,
When said improvements are completed and accepted, by the City Coun-
cil, the amounts payable by and asseased against the property abutting there-
on and the real and true oa�ners thereof shall be and become payable in five
(5), equal annual installments, due reapectively° on twenty (2,Q) days one (1),
two ( ), three (3) and four (4) f"dare froo, they skate of said acceptance by
said City Council., together with intesreat thereon from said slate of acceptance
at the rate of six per cent (6%) per annum, payable annually, provided, how-
ever, that the owners of said property skull have the privilege of paying
any one of or all of such installments' at any tlia e before maturity, thereof
by paying the total amount of principal, due, together with interest accrued
to the date of payment. Further, if default be aasde in the payments of any
of said i.nstal.lmexits of principal or i.nterest, 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 reasorWAe attorneyrs fees and collection
costs, if incurred,,. However, it is specifically stipulated and provided that
no assessment shall in any case be made aHidzet any property or the real,or
true owners thereof in excess of the special, benefits to accrue to such prop-
erty In the enhanced value thereof resulting frpum said improvements.
swrioH 6'
In the levying and makipg of said assessments if the name of an
owner be unknown, it shall be sufficient to so,estate 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 Hive the:correct
name of any owner, but the real arid,,trams owner of the property mentioned shall
be liable and the aspossomt against the property shall be valid w sether or
not such owner be nazed or correctly named, 'It is, hereby farther provided
that in levying said asseasymmts, the oodesion of said improvements in front
of any parcel of property exergd, from the litm of such asseenvionts shall in
ovi,se affect or impair the validity of the aesesa eats against the other
abutting propsrtiea in such street,
SWTION 7.
The City Secretary is hereby, directed to cause to be prepared
notice of the enactment of this ordinance and to file said notice with the
County Clerk of Tarrant County,, Temz, among the Mortgage Records of said
county.
STIR f.
This ordinance shall take effed, and be in ftll force and effect
from and after the date of its passage, and it is so ordained.
1 P OM AS TO FORM AND LEGALITY:
City Attorney, ��