HomeMy WebLinkAboutOrdinance 3707 ORDINANCE: NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING
THAT A PORTION OF CA= SRBZ3'
IN THE CITY OF FORT WORTH, TEXAS, WITHIN 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-GALLED 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:
CANTEY STREET: from the easterly line of Evens Avenue to the westerly line of
New York Avenue.
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 Worth 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.
SECTION 5.
The cost of said improvements as herein defined shall be paid for as follows,
to-t:it:
(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/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 of said
improvements after deducing 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 F. personal
liability of the real and true owners thereof, and shall be payable as follows, to-wit:
2.
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 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 attorney's 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.
SECTIGN 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 cr corporation., it shall be sufficient tc 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 °ecords 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.
PP ?CVED AS TC FORM.
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PRELIMINARY ESTIMATE
CANTEY STREET FROM EVANS AVENUE 70 NEW YORK AVENUE
Length: 750 ft.
Width: 30 ft. Roadway, 60 ft. Right-of-Way
Proposed Improvement: Combined Curb and Gutter and 1j" Hot Mix Asphaltic
Concrete Surface on 7P Flexible Base. Alternate types of pavement are
5" Reinforced Concrete Base with same surface or 6" Reinforced Concrete
Pavement.
ITEM QUAN. UNIT PRICE AMOUNT
1. Unclass. Street Excavation 750 C.Y. $1.00 $ 750.00
2. Comb. 8" Curb and 21 Gutter 1,600 L.F. 2.00 3,200.00
3. Paving 2,200 S.Y. 3.00 6,600.00
4. 2f Gutter Only 100 S.F. 0.50 50.00
5. Remove Existing Curb 250 L.F. 0.30 75.00
6. Remove Existing Gutter 400 S.F. 0.30 120.00
Estimated Construction Cost of Unit $10,795.00
Less Property Ownerst Assessment
1,500 Front Feet @ $5.50 8,250.00
Estimated Construction Cost to City
(difference) $ 2,545.00
Engineering and Contingencies 1,155.00
Total Estimated Cost to City $ 3,700.00
PUBLIC WORKS DEPARTMENT
C. M. THELIN, DIRECTOR
KDS:se 9-3-57
. 7
55939
NOT=
THE STATE OF TEXAS L
ee
COUNTY OF TARRANTr� r .
Notice is hereby given that thegoverningbody of the City of
Fort Worth, Texas, has ordered and determined it to be necessary that the
following portion of CANTEY STREET
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 abutting thereon, said portion of street in the City of Fort Worth,
Texas, being as follows:
CANTEY STREET: from the easterly line of Evans Avenue to the
westerly line of New York Avenue.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Mayor, this 6th
day of S® "�`y , A.D., 14 57 .
CITY OF PMT WORTH
ATTES' ' .' Wim
STATE OF TEXAS
C06NTY OF TARRANT �
EEFORE ME, the underaigned authority, a Nctary Public in and :or
the StPte and Co-Aunty aforssetd, on this day personally appjared T. A.
M:,Ca;n, kr,,xn to me to be the rer.sin whose name is subscribed to the fere-
g=3_nX '--!et:.Lmert, and a(,1axw1edg9d to me that he executed th3 sane as Lha ac'L
and des: of the City of Fart Worth, a municipal corporation of Tarrant Gouritq,
Uxa:, and as the Mayor thereof, and for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 6th day
of-- September A.D., 19.17
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of a lie in and for
Tarrant County, Texas
STATE OF TEXAS
COUNTY OF TARRANT T
I,MELVIN"MEL"FA erk Conntg boort of Tarratft
County,Texas,do hereby ceitify that the above and foi oW*
instrument with its certificate oftication was filed-for
-�reestration in my otVicQ- 7
, 19_, a
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o'clock,in Vol., pageof record of .
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NOTICE
THE STAW,OF TEXAS
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 East Cantey Street
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 abutting thereon, said portion of street in the City of Fort Uloxth,
Texas, being as follows:
Fast Cantey Street: from the easterly line of Evans Avenue to
the-westerly line of New York Avenue
This Notiod is =1 d to correct a previous Notice filed on September 23, 1957, and
recorded 3n=w � 58, Page 353, Deed of Trust Records of Tarrant County, Texas.
,TEREOF, the City of Fort Worth has caused this
instrp t tdU �G Outed.1# its behalf and signed by its Mayer, this 31st
day dr A.D., 19 5� R
r _ Z. .
` CITY OF FORT WORTH
ATTEST: ^ mayor �
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for
the State and County aforesaid, on this day personally appearedT. A.
., HcCanri.. known to me to be the person whose name is subscribed to the fore—
" -'pbirtg }ix�trunent, and acknowledged to me that he executed the same as the act
1)aiklk&ed• of the City of Fort Worth, a municipal corporation of Tarrant County,
Qy Texas•,")VA as the Mayor thereof, and for the purposes and consideration therein
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 31st day
December A.D., 19 Sg
Notary Public in and for
Tarrant County, Texas
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STATE OF TEXAS
COUNTY OF TARRANr )
1,MELVIN "MEL" FAULK,Clerk County Court of Tarragt
Count+,Texas,do hereby certify that the above and foregoing
i. vtrument w_jth its certificate of authentication was filed for
registration in my office 'JAN 24 1959 19_, at
o'cloc%�ZM.and duly recorded AAN 21 1959 ,i9r,vW1
o'clnck�&M. in Vol°wi Page4d&of record of
for said County.
WI;V t1 j%8.Ty 4no;%nt a ®f gf(aea. Vit;Post Worth..tlla
t,- day and date last above written.
a tyl VINs.., 1;L"'Fb1Fy'�.:;
Clerk Co t, :our 1'-rr-ant Cfju: tr,Te;tas:
y_ Deputy,
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