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HomeMy WebLinkAboutOrdinance 3741 ORMANDK 11YJ. AN DETEJU"UNING THE� dEGZS,5ITY FOR AND UFMERDiG THAT A DORTIDN OF THE ALLEY LYING M14 N hLEM32 STREET AND WEST LANCASTER AVENUE AND EX311DING FRDIA TILd E`ASTI�.Za.,Y LINE OF UNIVERSITY DRIVE T& M.L, ta!EMERLY LDiE, OF NDRa,i WD STREET TA THE C7T1 OF KIRCI AJR111, TEKAS, &THIN THE LIKITS HEREIN DEFINZD3 BE IMPROVED: MVIDDIG THE MKMER TIN WHICH THE COST OF SUCH I?d1A)VEKE1efL SHALL BE MAID: DIRECTING THE CITY ENGINEER 7) PREPA12 AND FILE PLANS AND SPECIFICATIONS FOR SUCH IMPROMMEDUS: DIRECTTNO ThE C17Y 6SCREITAJ�,Y 'iu FILE A NUTIGE OF TEE ka)MA4 tfiW THIS URDINANCE WITH THE COM47Y CLERK OF TAITANT DOUNTY, TAIM: AND ESCLARING THAT TH0 ORDINANGE AND ALL bUBSQU&IT MCMINGS RELATING Ta SUCH IMIROMENTS, ARE AIND SHALL Bb,,a PURSUAM '10 THE ACT OF THE FIRST CALLED SESSM OF TEE FURTISTH LEMLA.TURE OF THE STATE OF TEkAs, C;HkPTM 106, CUMMaLY KIMN AS ARTICLE 1105b, OF THE VERNUNIS STATUTE Of I&Q. 1&&MAS, 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 alley in the City of Fort b[orth, Texas, in the manner hereinafter provided; THERMURE, a IT DRDA114ED BY THE CITY MUNG1, OF THE CITY OF FORT VURTH, TEXAS: SaTzm 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 an alley within the City of Fort Worth, Texas, as follows, to-wit: The alley lying betueen Bledsoe Street and driest Lancaster Avenue and ex-MA-�nding froar the easterly line of University Drive to the westerly, line of Norwood Street. SECTION C. That it is hereby ordered that said alley within the limits hereinabove des- cribed shall be improved by raising, grading, fil3ing, widening, permanently paving or repaving' same by the construction, reconstruction, repairing or realigning of concrete curbs and gutters in the mTuiar 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 ant 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 Qourse, both of such type, construction, materials, and thickness as is deemed adequate and proper by said Engineer, and all of said ipprovements to be provided for in the plans and specifications tlaerefor, to be prepared by said City Engineer as hereinafter directed, and as shall be approved and adopted by the City Council. 1. 3- In providing for and makj.z4,Y such improvements, said City Council dee,-'.Is it advisable and hereby determines to proceed under and in the exercise of the powers, terms and .,.,rovisions of Chapter 106 of the Acts of the 'First-Galled Session of the Fortieth iegislature of the State of Texas, Adch is known and shown as Articlellc5b of the Revised Civil Statutes of Texas, 1925, as apiended, and as adopted by the City of Fort .,orth as Section 17, O'bal.iter 1XIII of the Charter of said City. MCTIDN 4. The City 'Engineer is here,�by directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. ��ZCTRIN 5. The cost of said improvements as herein defined shall be paid for as follows, to-wit: (a) The p,,roperty abutting on that port�_Ion of the alley and the real and true owners thereof shall pay all of the cost of the base and surface adjacent to and abutting their respective property, 0',iich cost shall not exceed nine-tenths (9/10ths) of the estirrated total cost of all improvements. (b) The City of Fort Worth shall pay all of the remainder of the cost of said improvements after deducting the an aunts herein specified to be paid by the abutting properties and the real atid true oimers 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 prop.rerties 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 u!,,�e and 'b come payable in five (5) equal annual install- ments, due respectively on tm_,nty (20) days, one M, two (2), Three (3), and four 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 or all of such installments at any tin-n before maturity thereof by paying the total amount of principal due, together with interest accrued 2. to the date of payment. Further, if default be sade 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 amaunt of the assessment upon which such default is made shall be and become aYwwr djately dw 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 cabe 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. now 6. In levying and making of said a asessments, if the name, of any owner be un- knoiin, 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 meationed 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 adjacent to or abutting on any praperby exempt fron,a the lien of such assessments shall in nowise affect or impair the validity of the assessment aga5nst the other abutting properties in such alley. EECTION The City 6ecretary 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. SECTION 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. APP&WED AS Tel FU!dl: ....... ...... /Osso,'- Gity Attorney 3.