HomeMy WebLinkAboutOrdinance 2520 ORbINANCY NO. - e)
AN ORDINANCr DETERIffNING THE NE'CFSSITY FOR AND ORDERING
THAT A PORTION OF CURRIr STR!+'E'T, IN T97 CITY OF FORT
iTRTH, 771"S, `ITITHIN THF LIMITS HFRFIN DEFINED, BE IM-
PROVED; PROVIDING THE MA17MR IN IMICH THE COST OF SUCH
I!kPROVEIICNTS SHALL B" PAID; DIRECTING TH7 CITY M GINT R
TO PRIMRF AND FIL7 PLANS ,AND SPECIFICATIONS FOR SUCH
I117107177NTS; DIRECTING Tli'a' CITY SECRETARY TO FILE A
NOTICE+ OF TH?, uDOPT'ION OF THIS ORDINANCE WITH THE COUNTY
CLERK OF TARRANT COUNTY, TEX-AS; AND DECLARING THAT THIS
ORDINANCE AND ALL SUBS7QU7NT PROCEEDINGS R7 ATIN`G TO SUCH
IMPROV IFNTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE
FIRST-CALLLD SPSSION OF TH" FORTIETH LEGISLATURE OF THE,
STATE OF TEXAS, CHA"TM 106, COMMONLY KNOIIJN AS ARTICLE'
1105b OF THE VERNONI S STATUTES OF TEXAS.
W1=- AS, the City Council of the City of Fort Tiforth, Texas, has de-
termined that a public necessity exists for and has decided to order the im-
provement of the hereinafter described portion of a street in the City of
Fort Worth, Texas, in the .manner hereinafter provided; THEREORE,
BF IT ORDAIII7D BY TH7 CITY COUNCI_C, OF THE CITY OF FORT ?FORTH, TEXAS:
SECTION 1
That there exists a public necessity, and said City.Council does here-
by determine that it is necessary to permanently improve they following des-
cribed. portion of a street within the City of Fort Worth, Texas, as follows,
to wit:
Currie Street, from the northerly line of Bledsoe Street to the
southerly Zine of 1jTest Seventh Street,
SEC TI ON 2.
That it is hereby order.®d that said street within the limits herein-
above described shall be improved bir raising, grading, filling, widening,
permanently paving or repaving same by the ronst-ict funs ra c.c,nstyl 'i,ion, re
pairing or realigning of c;ono ete curbs and gutters in the manner and where
the City Engineer determines that adequate curbs and —fitters are not now in-
stalled 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 pavii-g to consist of the construction of an adequate
wearing surface upon a substantial base course, both of sura type, construe-
. i
tion, materials and thickness as is deemed adequate and prover by said En-
gineer, and all of said improvements to be as provided for in the plans and
specifications therefor. , to be prepared by said City Fngineer.a.s hereinafter
directed, and as shall be approved and adopted by the City Council.
SrC TION 3b
In providing for and making such improvements, said City Council
deems it advisable and hereby dete.MLines to proceed under and in the exer-
cise 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 sholma as Article 1105b of the Devised Civil Statutes of Texas,
1925, as amended, and as adopted by the City of Fort ?North. a s Section 17,
Chapter ]III, of the Charter of said City.
S'E'CTION 4n
The City Engineer is hereby directed to forthwith prepare and file
with the City Council complete plans and specifications for such improve-
dents.
S7C11O 5.
The cost of said improvements as herein defined shall be paid for
as follows, to ni_+;
(a) The Property abutting on that portion of the street to be im-
proved 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 estimated cost of the reEnainder of such improve-
ments.
(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 abutting properties and the real and true-owners thereof, as
set out above in subsection (a) above.
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 ovAners thereof, and
shall be payable as follows, to wit
When said improvements are completed and accepted by the, City Coun-
cil, the amounts payable by and assessed against the property abutting there-
on and the real and true owners thereof shall be and become payable in five
(5) equal annual 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, how-
ever, 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 ,,,,hen 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 prop-
erty in the enhanced value thereof resulting from said improvements.
SECTION 6.
In the levying and making of said assessments, if the name of any
owner be unknown, 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 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.:,ftont
of any parcel of property exempt from the lien of such assessments shall in
nowise affect or impair the validity of the assessments against the other
abutting properties in such street.
SECTION 70
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 8.
This ordinance small take effect and be in full force and effect
from and after the date of its -passage, and it is so ordained.
APPROVM- .AS TO FORM AIM LEGALITY:
City Attorney