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HomeMy WebLinkAboutOrdinance 3078 . 0 01;DIx01r,-, No: AN ORDIN4NCE APPROVING AND ADOPTING TH&DIRCTOB OF PUBLIC WORK'S WRITTEN STATE,,,, T AND RLPORT Of TH$ 7�,ATSS OF TIC TOTAL COSTS OF ALL TIE IMPR"E_ITS, OFT COSTS PER�YT FOOT PROPOSED TO RE ASSESSED AGAIN4 TH9 UITING PROPSRT AND THE REAL AND TRUE OWNERS TiSREOF, THE COST PROPOSED TO BE ASSESSED AGAINST RAILWAYS AND THIREAL AND TRUE 01 " THEREOF, AND OF VARIOUS OTHER COSTS FOR THE IkT?Vj-3G OF SPY STREET, IN THE CITY OF FORT WORTH, TEXAS FROM THE AM— ER.LY LINE OF HE'lPH'n•T. STREET TO T17 1.2STERLY LINE OF THE NoBTH-SOUTH FREEWAY, AND OF OTHER MATTERS FEIATING THERETO: DETER19NING AND FIXING+ THE PORTION OF SAID COSTS, AND THE PATE THEREOF PROPOSED TO BE ASSESSED AGAINST, AND PAID BY, SAID ABUTTING PROPERTY AND SAID RAILWAYS AND THE PEAL AND TRUE OWNERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO FE PAID BY THE CITY OF FOIL WORTH, TEXAS: DETEr-I"_INIF0 TEE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PRO- PERTY AND SAID RAILWAYS AND THE PEAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING LND SETTING A HEARING AT O'CLOCK 14,,, ON THE DAY OF . AD 19_, IN T'$ CITY COUNCIL CHAMBER IN THE CITY HALL OF THE CITY OF FORT WORTH, TEXAS, AS THE TI11E AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTI*ru PROPEPTY AND SAID RAILWAYS, AND ALL OTHERS INTERESTED IN SAID PROCEEDINGS AND CONTRACT, CONCERNTR?G SAID ASSESSMENTS, PROCEEDINGS AND 11FPROITEVENTS: DIRECTING THE CITY SECRETARY OF THE CITY OF FORT WORTH, TEXAS TO GIVE NOTICE OF SAID HEARING AS REQTr,-M BY THE LAWS OF THE STATE OF TEXAS. BE IT ORDAINED BY TIE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1: The City Council of the City of Fort Worth, Texas hereby finds and. determines: (a) Thet the City Council of the City of Fort Worth, Texas has heretofore by Ordinance duly enacted on October 8, lib, 1952 determined the necessity for, and ordered, the improvement of portions of Berry Street within the limits hereinafter defined, in the City of Fort Worth, Texas, in the manner and according to the Plans and Specifications therefor, which plans and specifications here been heretofore approved and adopted by said City Council, said street, and the portions thereof so ordered improved being as follows, to writ: BERRY STREET, from the easterly line of Hemphill Street to the westerly line of the North-South Freeway. (b) That notice duly executed in the nmme of the City of Fort Worth, Texas, of the enactment of said above described Ordinance has heretofore been filed Tdth the County Clerk of Tarrant County, Texas, in which said city is situated, on the 21 day of October , AD 1931_- and duly recorded in Polwde WE Pa" 22,E , of the Mortage Records of Tarrant bounty, Texas. (c) That after advertising for bids for the construction of said improvements in the manner and for the length of time as required by the law and the Charter of said City, the lowest secure bid of Worth Construction Company was accepted and contract duly awarded to said Worth Construction Company for the construction of said improvements, by Ordinance duly r enacted on March 3% , An 1953 , which contract is dated and (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the costs of such improvements on the portions of said street to be improved, and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said street within the limits above defined, and the real and true owners thereof, and of the amounts proposed to be assessed and taxed against the railways using, occupying or crossing said street, and the real and true owners tle reof, and said Director of Public Works has heretofore filed said estimates and a state— rent of other matters relating thereto, with said City Council and same has been received, examined and approved by said City Council; and that in accordance with said statement of estimates so .filed by said Director of Public Works and herein approved, the amounts and rates of said estimated costs are as Ye rein— after stated and set out in Section 2 hereof. SECTION 2: That the written statement and report of the Director of Public Works, heretofore filed with the City Council, showing the estimated total costs of all improvements on slid street to be improved, as hereinabove described, the estimated amounts per front foot proposed to be assessed against the abutting property, and the real and true owners thereof on said street for said improvements, the estimated total amounts of thy costs of said improvements on said street as proposed to be assessed against said abutting property, and the real and true owners thereof, the estimated amounts proposed to be assessed and taxed against railways and real and true owners thereof for said improvements on said street within the area between and unddr any rails, tracks, double tracks, turnouts and switches, and two feet on each side thereof, of said railways using, occupying or crossing said street, and the estimated amounts of said costs on said street proposed to be paid by the City of Fort Worth, Texas and other matters relative thereto, having been received and examined by the City Council, said statement and estimates are hereby in all things approved and adopted, and it is hereby found and deter— rained by the City Council that the amounts and estimates of the respective items of costs of said improvements as above described on maid street are as follows, to—wit: BERRY STREET, From the Easterly line of Hemphill Street to the Easterly line of Jennings Avenue. The amount per front foot proposed to be assessed against the abutting property, and the real and true owners thereof for curb and gutter, is $1.81 per front foot. 2. 1 The amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improvements, exclusive of curb and gutter, is $0.51 per front foot. The total amount per .front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is $12.32 per front foot. The estimated amount of the cost of said improvements proposed to be paid by the Dity of Fort Worth, Texas, is the amount of w 1,868.08 The estimated total cost of all the improvements is the amount of $6 9,260.08 BEERY STREET, from the Easterly line of Jennings Avenue to the Westerly line of the North-South Freeway. The amount per front foot proposed to be assessed against the abutting property, and the real and true onne rs thereof for curb and gutter is $1.81 per front foot. The amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improvements, exclusive of curb and gutter is $9.71 r--r front foot. The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is $11.52 per front foot. The estimated amouht of the cost of said improvements proposed to be assessed against the abutting property and the real and true owners thereof is The estimated amount of the cost of said improvements proposed to be paid b the City of Fort Worth, Texas, is the amount of $_65,572.65 _. The estimated total cost of all the improvements is the amount of �, 123,E+57.22. SECTION 3: That a portion of the cost of said improvements shall be paid and defrayed by the City of Fort Worth, Texas and that a portion of the cost thereof shall be assessed against and paid by the property abutting said street, within the limits above defined, and the real and true owners thereof, and a part of said costs shall be adsessed against, and paid by, the railways using, occupying or crossing said street, if any, and the real and true owners thereof, in accordance with, and in the manner provided by the Acts of the Fortieth lAgislature of the State of Texas, First Ca;1ed Session, Chap. 106, known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 17 of Article %XIII, of the Chapter of 3. L said City, and that the total costs of said improvements on said street as hete- inabove described, shall be, and the same are hereby apportioned betwedn said parties and shall be paid and defrayed as follows; (a) That the entire cost of constructing, reconstructing or repairing said improvements within the area between and under the rails, tracks, double tracks, burn-outs, and switches, and two feet on each side thereof, of any railway using, occupying or crossing said street, shall be paid by the respective real and true owners thereof, and assessed and tad against such railways and their road-bids, ties, rails, fixtures, rights, qnd franchises, and the real and true owners thereof, in the manner provided by the terms and provisions of said Aets of the Fortieth Legislature of the State of Texas (1927) above identified. The amounts to be paid by and assessed against such railways shall be payable in installments at the times and in the manner as hereinafter provided for the amounts parable by the owners of abutting properties and shall bear interest at the rate of six (6) per cent per annum all in a like manner as said amounts payable by said abutting property owners. Said cost to be so paid by such railways being in the amounts as hereinabove set out in Section 2 hereof. (b) The property abutting upon each of said street and the real and true owners thereof, shall pay all of the cost of r the curbs and gutters in front of their respective property and not exceeding nine-tenths (9/10) of the estimated cost of the remainder of such improvements; provided, however, that in no event shall said remaining costs of said improvements which are to be paid by, and assessed against said abutting properties, and the real and true owners thereof, exceed nine- tenths (9/10ths) of the estimated total costs of -said improve- ments on such portion of said street, exclusive of the cost of curbs and gutters thereon in front of their respective property, said costs being at the rete of, and in the amounts, as bereinabove set out in Section 2 hereof. Said portion of said costs for such improvements shall be assessed against said abutting property and the real and true owners thereof; provided, however, that no amount shall be assessed against such abutting property and the real and true owner or owners thereof in excess of the special bene- fits resulting to such property by reason of the construction of said improvements. The costs which may be assessed against such abutting property and the real and true owners thereof shall be in accordance with the "Front Foot Rule or Plan", in proportion as the frontage of such property is to the entire frontage to be improved on each portion of said street or Unit; providing further, that if it shall appear at the hearing on special benefits given to said owners, as hereinafter provided for, that the application of such rule or plan will result in inequality or injustice, then such rule of apportionment shall be applied as will, in the judgment of the City Council, produce substantial justice and equality between respective parcels of property and the real and true owners thereof, Considering the special benefits to be received and the burdensimposed, all in accordance with, and as pro- vided for in said Acts of the Fortieth Legislature of the State of Texas, First Called Session, Chap. 106, as herein- above identified. That the amounts payable by the real and true owners of said property shall be paid, and shall become payable in five (5) equal arinal installments, one of which shall be due and peyyable in twenty (20) days after the completion of said improvements on the portion of said street or Unit upon 4. which the respective property of said owners abuts, and the acceptance thereof by the City Council of the City of Fort Worth, Texas, and another installment in a like amount in one (1) two (2), three (3), and four (4) years from and after such acceptance, respectively, together with interest thereon from said date of acceptance at the rate of six per cent (6%) per annum, payable annually; but said property owners shall hive the privilege of paying any and all of said installments before their maturity by paying principal and accrued interest to the date of said payment. (c) The City of Fort Worth, Texas, shall pay all of the remainder of the costs of said improvements after deducting the amounts hereinabove specified to be paid by any railways and by the abutting property, and the real and true owners thereof, as set out above in subsections (a) and (b), said costs being in the amounts as hereinabove stated in Section 2 hereof. SECTION 4: A hearing shall be held and given to the real and true owners and all owning or claiming any interest in any property abutting upon said street within the limits above defined, or in any railway using, occupying, or crossing any of said street, and to all others owning, claiming or interested in said property, said railways or any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property or each such railways, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, or boncerning any error, invalidity, irregularity or deficiency in 9W proceeding or contract with reference thereto or concernir_g any matter or thing connected therewith, which hearing shall be held by the City Council of the City of Fort Worth, Texas in the City Council Chamber in the City Hall of the City of Fort Worth, Texas at D o I clock AM., on the tz-day of AD, 190 at which time and place all persona, firms corporations, or estates, owning or claiming any such abutting property or railway, or any interest therein, and their agents or attorneys, or persons interested in said proceedings, shall be notified to appear and to be heard in person or by counsel and mey offer evidence; and said hearing may be adjourned from day, to day and from time to time and kept open, until all evidence and protests have been duly offered and heard; and the City Secret aey of the City of Fort North, Texas, is hereby directed to give notice of said hearing by publication of Notice in some newt— paper of general circulation in the City of Fort Worth, Tarrant County, Texas; said notice shall be published at least three (3) times in said newspaper before the date set for hearing, the first of which publications shall be at least ten (10) days prior to the date of said Ye acing, and such Notice by publication 5. shall be valid and sufficient, without any further form or character of Notice, as provided for by and in accordance with the terms and provisions of said Chapter 106, of the Acts of the First Called Session of the Fortieth Legiltlature of the State of Texas, known as Article 1105-b of the Revised Civil Statutes of Texas and amendmertts thereto. SECTION 5: Following such hearing as above provided, assessments will be levied against said abutting property and said railways, and the real and true owners thereof, for that portion of the costs of said improvements hereinabove deter- mined to be payable by said abutting property and said railways, and the real and true owners thereof, and which assessment against said abutting property shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof, and which assessments against said railways shall be a special tax upon said railway and its road-bed, ties, rails, fixtures, rights and franchises, which tax shall cmnstitute a first and superior lien thereon, and a personal liability and dharge against the'real and true owners thereof. In levying said assessments and special tax, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation, it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner and no error or mistake in attempting to name any such owner or in describing any of said property or railways shall invalidate any assessment, special tax, or certificates issued in evidence thereof; but, neverthmless, the real and true owners of said abutting property and said railways shall be liable, and the assessment against said abutting property and the special tax upon said railways, shall be valid whether or not such owner be named, or correctly named, or said property or railway correctly described the rein. SECTION 7: This ORDINANCE shall take effect and be in full force from and after its passage. 6. PASSED AND APPROVED, this the day of AD, 19�. WO tF TM CM CP FORT WN H, TEXAS ATTEST; ----- APPROVED AS TO FORM CITY ATTORNEY 7.