HomeMy WebLinkAboutOrdinance 2704 ORDINANCE ATO. 2-,7,-)*G
AN ORDINANCE DETERI4IMING THE NECESSITY FOR AIM ORTMERING
THAT A PORTION OF
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IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LPTITS HERE-
IN DEFINED, BE IMPROVED: PROVIDIFG THE FSATTHER IN WHICH
THE COST OF SUCH Il,,TROVE`IMTTS SHALL BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH I),CPRDVE.M1TS: DIRECTIM THE CITY SECRE-
TARY TO FILE A NOTICE OF TRE ADOPTION OF THIS ORD111A14ICE
IFITH THE COUNTY CLERIC OF TARRATIT COUTTTY, TEXAS: AIM DE-
CLArRING THAT THIS ORDINANCE AIM ALL SUBSEQUE v PROCEED-
INGS REIAT IPTG TO SUCH I1,TROVMMTTS ARE ATTR SHALL BE PUR-
SUAVT TO THE ACT OF TIM FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COII-
HONLY KNOMT AS ARTICLE 1105b, OF THE VERNONIS STATUTES
OF TEXAS.
tNfiEREA5, 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 cf a street iri the City of Fort Worth, Texas,
In the manner hereinafter provided; THEREFORE.
BE IT ORDAINED BY n—M CITY COUNCIL OF THE CITY OF FORT NORTH, TEXAS:
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 Worth, Texas, as follows, to-wit:
Nt11 MM,j TVAM4qM sTMTt t the Smth lbs st 16U $t"et to the
th 11M of Wale Ate.
r
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 thicImess as is 4eemed adequate and proper
by said Engineer, and all of said improvements to be provided for in the pans 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 j.
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 Imown and shown as Art-
icle 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as adopt-
ed by the City of Fort Worth as Section 17, Chapter VIII 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.
SECTION 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
2.
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 be and become payable in five (5) equal an-
nual installments, 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 in-
stallments at any time before maturity thereof by paying the total amount of prin-
cipal due, together with interest accrued to the date of payment. Further, if de-
fault 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 be-
come immediately due and payable, together with reasonable attorney's fees and col-
lection 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,
SECTIox 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 ovmed
bq 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 assessments again-
st 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 Tar-
rant County, Texas, among the Mortgage Records of said County.
SECT IOIT S.
This ordinance shall take effect and be in full force and effect from and af-
ter the date of its passage, and it is so ordained„
APPROVED AS TO POPE
City Attorney
3.
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TIM STATZ Of TUAS
t340DT'fr 07 TARMT �
Notiefs is herety given that the a versing Cody of the MW of fort
North, Teams has ordered and determined it to be neosssW that Vm follow-
itt portion of Nortbvest 'h enty-91M Mtrwt, is the Oily of fort Worth,
Tarrant 0emntiy, Imma, U iarpreved and that a portion of the oost of rash
improvement is to to speoialljr assessed as a lion upon the property abattgag
thereon, said portion of the street In the City of Port Worth, Tomas, U4"
as fellewst
Northvost Twnty-ofifth Street, free the South line of
Robinson Street to the South line of Maste Aiemr.e.
IN TRSTIMM W93KWr tko City of fort Wbrth has caused this im-
straumt to be euemted in its bate t and rued 1w its 14Worn this.„.
der of M i i
CITY Of FORT WORTHS
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MOTS
WATM 0'F TMS �
00UNTf 07 T'ARtiM
00 Ks* the undersisaed authority, a NoW7 Public in and for the
State sad Countr aforesaid, on this daar personally aappoand v` Y--11ass-
hnowa to me to be the posses whose vane is snbscribed to the foregoing
Instrument. m d adimevledged to as that ho executed the wAme as the act
and dee4 of the 0ity of Fort North, a nnaioipal ssrpovatioa of Tarrant
Comty, Toms, and as the Nmroj�bf, end for the, purposes and oonsidi-
oration therein osprsssed.
GIM URDRA MY HARD AND SN#L Of WPM., the of
A. D. 1949.
otary blieY n M For
PETITION FOR STREET PAVING
l� from
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G. to
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TO THE HONORABLE CITY ODUNCIL OF THE CITY OF FORT GDRTH, TEXAS:
We, the undersigned owners of properties abutting .upon the above street within the
limits stated, in the City of Fort Worth, Texas, hereby respectively submit this,
our petition, and represent to the City Council as followa:
1. That there exists -&a-_uraecat-_aecessity that the above named street between
the above limits be improved and paved; and
2. That we request the City Council to order said street within said lfmits
improved and paved, and cause same to be improved and paved, by the const=lctioln
of an adequate sub-base,,base, and wearing surface and by the construction, recon-
struction or repair of concrete curbs and gutters where deemed necessary by the
City Engineer, and the construction of drains and other necessary incidentals and
appurtenances, all of said improvements to be of such character, type and const
tion as deemed adequate, and accordance with the plans and specifications to be pre-
pared, by the City Engineer, and approved and adopted by the City Council therefore;
and
3. That said improvements be, by the City Council, ordered, constructed, and
had pursuant to, and in accordance with, the powers, terms and provisions of Chapter
106 of the Acts of the 1st. Called Session of the 40th .Legislature ,of State of Texas,
which is known and shorn as Article 1105b of Revised Civil Statutes of Texas, 192,L
as amended, and which is adopted by, and as, Section .17, Chapter XXIII, of the ChaAer
of the City of Fort Worth, Texas; and that®pursuant to Act, the_...cost.s of .said lWove-
ments be apportioned, by the City Council,'between the City of Fort ktort}x, :anyc-rail-
ways, street railways .or interurbaas using, o,ccupping nr _rransing.�ai�d.atrsat,:gid.�.1:sa
owners o_the Rrppgrtl" ahl tt;i n ,upon said strap j+n .aa1i 1;_ •'_z,. _,arid . t..fhe
undersigned owners hereby agree to pay such portih of said- costs as -may be apportioned
and assessed against them and their respective properties by the City Council..
Respectively Submitte4,
lIANB PROPERTY OR BLOCK NUMER FRCXTAGB
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