HomeMy WebLinkAboutOrdinance 2615 ORDINANCE NO.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND
ORDERING THAT A PORTION OF WEST TENTH STREET IN
THE CITY OF FORT WORTH, TERAS, WITHIN THE LIMITS
HEREIN 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 SPECIFICATIONS FOR SUCH IMPROVE-
MENTS: DIRECTING THE CIlT SECRETARY TO FILE A
NOTICE OF THE ADOPTION OF THIS ORDINANCE WITH THE
COUNT? CLERK OF TARRANT COUNTY, TEM: AND DECLAR-
ING THAT THIS ORDINANCE AND ALL STBSEQt= PROCEED-
INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE
PURSUANT TO THE ACT OF THE FIRST-CALLED SESSION OF
THE FORTIETH I GILA!L M OF THE STATE OF TEXAS, CH&-
TER 1o6, COMmONLT nowN AS ARTICLE 1105b, OF THE VER+
NONIS 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 providedr TSEHEFORE,
BE IT ORDAINED BY THE CITT COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That there exists a public necessity, and said City Council does hereby det-
ermine that it In necessary to permanently is<prove the following described portion
of a street within the City of Fort Worth, Texas, as follows, to-wit:
WEST TENTH STREET, from the easterly line of Penn Street to the westerly
line of Cherry Street, save and except the intersection of Henderson Street.
SECTION 2.
That it is hereby ordered that said street within the limits hereinabove
described shall be improved by raising, grading, tilling, widening, permanently
paving or repaving same by the construction, reconstruction, repairing or realign-
ing of concrete curbs and gutters in the manner and where the City Engineer deter-
mines that adegnste curbs and gutters are not now installed on proper grade and
line, and by construction of such drains and other necessary incidentals and ap-
purtenances 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 provffid for in the
plans and specifications therefor, to be prepared by said City Engineer as herein-
after directed, and as shall be approved and adopted by the City Council.
e `
SECTION 3.
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 known and shown as Art-
iele 1105b of the Revised Civil Statutes of Texas, 1925, as amended, and as
adopted by the City of Fort Worth as Section1 7, Chapter XXIII 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 s
(a) The property abutting on that portion of the street and the real and
true owners thereof shall pap all of the cost of the curbs and gutters in front
of their respective property and not exceeding nine-tenths (9AOths) of the
estimated cost of the remainder of such improvements.
(b) The City of Fort North shall pay all of the remainder of the cost of
said improvements after deducting 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) above.
ins amounts payable by the abutting properties and the real and true owners
thereof shall be assessed against such properties arra 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 abetting thereon and the
real and true owners thereof shall be and become payable in five (5) equal an-
anual 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 own-
era of said property shall have the privilege of paying any one of or all of such
s •
Installments at any time before maturity thereof by partying 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
arty 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.
SECTION b.
In the levying and making of said assessments, if the name of arV o+mer be
unknown, it shall be sufficient to so state the fact, and if any property be
owned by an estate or by arV 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
assessmsnt against the property shall be valid whether or not such owner be
named or correctly named. It is hereby further provided that in ]avying said
assess>mats, the omission of said improvements in front of arV parcel of property
exsmpt from the lien of such assessments shall in nowise affect or iapair the
validity of the assessments against the other abutting properties in such street.
SECTION T.
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 Records of said County.
SECTION $.
This ordinance shall take effect ani be in full force and effect from and
after the date of its passage, and it is so ordained.
APPSOVED AS TO FORMt
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city .t rney