HomeMy WebLinkAboutOrdinance 3631 ORDINANCE: NO. 3LI3/
AN ORDINANCE DETERMINING THE NECESSITY FUR AND ORDERING
THAT A PORTION OF CURZON AVENUE
IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LI T ERE-
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-CALLED 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:
CURZON AVENUE : from the easterly line of Olive Place to the westerly line of
Tex Boulevard.
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 Warmth as Section 17, Chapter MIT of the Charter of said City.
SECTION L.
The City Engineer is hereby directed to forthwith,prepare and file with the
City Council complete plans and specifications for such improvements.
LYCTION 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 (9/1Cths) 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 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).
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 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.
SECTION 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 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 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 '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.
P?F?CVED AS TO M:
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NOTICE
J-
THE STATE 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
CURZON AVENUE
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:
CURZON AVENUE : from the easterly line of Olive Place to the westerly line of
Tex Boulevard.
*14
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IN TESTIMONY WHEREOF, the City of Fort Worth has caused this
Lnstrument to be executed in its behalf and signed by its Mayor, this 17th
April , A.D., 19 257.-
a .w.
CITY OF FORT WORTH
AT { TjI
•t. % — Se etary
STATS OF TEXAS
COI'NTY OF TARRANT
-rME IE, floe undersigned authority, a Nctary Public in and for
the Sbp.ta and Uo my afcrsaatd, on tris day prrvotially app--tired Mr. Thorias A.
M-,Gpmn, I-rzv—i i-+^ ra; ,.O hp tr.3 rers-in whose name is s b oribcd to the
&':i.1� :z,etzmra:rt, ane a(,Lirjw1ndg d To ne that be executed 'ih3 St.rv3 ds 1.1:3 ac6
sz.d de'a: of t-" Oity of T`or•t Worth, a municipal corporation of Tarrant C-wxty,
4kxlF, and as the Mayor thereof, and for the purposes and consideration therein
expreased,
G17EN UNDER MY HAND AND SEAL OF OFFICE, this the 17th, day
of April , A.D., 19 �7
No yPu'_�lic in and for
Tarrant County, Texas
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EfttCIL
STATE OF TEXAS
COUNTY OF TARRANT }
I,MMVIN 1WEL". FAt1JIA,�1q*PSluCourt of Tarrant
Cougty,Texas,do hereby certify that' the a vh`afid f6ftoft
instraden't iAt*4ft �Cdrtw*q�qut tig8tion wasp filed for
n ' p
registration in my office , 19—, at—M-
1
0-clack. aid duly recorde Y 1957 ,19_,at
4 clpck iu VoL,/9�3 Page—,�&of record of )he--far-said County.
WITNESS my hand and seal of office, at Fort Worth,
day and date last above written.
M LVIN"MEL"FAULK
Clerk Co Court,Tarrant County,Texas.
By-74ff Depvt%
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CURZON AVENUE
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PRELIMINARY ESTIMATE
To accompany petition for Paving on Assessment Basis
Curzon Avenue from live Place to Tea Boulevard
Lengths 400 ft.
Widths 30 ft. Roadway, 50 ft. Bight—of-flay
Proposed Improvements Combined Curb and Gutter sus 1-1/2N Sot Mix
Asphaltic Concrete Surface on 7-121 Flexible Base. Alternate types of
Pavement are 50 Reinforced Concrete Base with same surface or 60 Reinforced
Concrete Pavement.
ITEM SAN_ UNIT PRICE AMOUNT
1; Unclass. Street Excavation 1200 C.Y. $ 1.00 $ 1,200.00
2. Comb. 90 Curb and 21 Gutter900 L.F. 2.00 1.g00.00
3. Paving 11 0 S.Y. 2.00 29900.00
1}. 21 Gutter Only 300 S.F. 1 .00 300.00
5• Remove Existing Curb 150 L.P. 0.30 45.00
6. Remove Existing Driveways 50 S.F. 0.30 15.00
7, Std. Conc. Driveway 50 S.F. 0.50 25.00
9, Std, 210 R.C.C. Pipe 200 L.F. 4.00 800.00
0. std. 180 S.C.C. Pipe 50 L.F. 3.50 175.00
10, Std. 51 B.C.C. Inlet 2 Ea, 200.00 400.00
11. Unclass. Trench Excay. 500 C.Y. 2,00 1, 000 .00
estimated Construction Cost of Unit $ 8,560.00
Less Property 0wners' ?Assessment 40000.00
800 Front Feet 6 $ 5.00
Estimated Construction Cost to City
(difference) 4,560.00
Engineering and Contingencies 910.00
Total Estimated Cost to City 5,400,00
PUBLIC WOlBSS DEPARTMENT
C. M. TMIN, DIRECTOR
NDS 3-47-57