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Home My WebLink AboutOrdinance 3002 ORDINANCE 110+... .' AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDER. ING THAT A PORTION OF BERRY STREET IN THE CITY OF SORT WORTH, TEXAS, WITHIN THE LIMITS HEREIN DIFINED, BE IN- PMEDj PROVIDING THE MANNER IN WHICH THE COST OF SUCH IM PROVEWTS S= BE PAID; DIRECTING THE CITY ENGINEER TO PREPARE AND ME PLANS AND SPECIFICATIONS FOR SUCH IMPR09BME T81 DiRMTING THE CITY SECRETARY TO Ing A NOTICE OF THE ADOPTION OF THIS ORDINANCES WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; AND DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SUCH I11PROQEMEIdTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FEW-CALLED SESSION OF THE FORTI'MN LEGISLATURE OF THE STATE OF TUAS, CHAPTER 106, CoM90NLY KNOWN As ARTICLE 71o5b OF THE •ERNONts STATUTES OF TEXAS. WHERZAS, the City Counsil of the City of Fort Worth, Texas, has dew termined 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 in the manner hereinafter providedj THERORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTS, TEIASt SBCTION 1. That there exists a public necessity, and said City Council does here- by determine that it is necessary to permanently improve the following described portions of a street within the City of Fort Worth, Texaa, as felt lows, to Vitt BERRY SIRM From the easterly line of l saphill Street to the easterly Line of Jennings Avenue# known and designated as Unit No. 14. BERRY STREETt From the easterly lire of JornInga Avenue to the masterly line of the North-Swath Freeway, known and designated as Unit No. 2. SWTION 2. That there to hereby ordered that said street within the limits herei. inabove described shall be improved by raising, grading, filling, widening, permanently paving or repaving sane by the construetion, raoonstrneticn, repairing or realigning of concrete curbs and gutters in the manner and where the City ftineer determines that adequate curbs and gaiters are not now installed on proper grade and line, and by construction vC nvA drains and Other necessary incidentals and appurtenances as deemed necessary by said Cit,.v Engineer, said permanent paving to consist of the construction of an adequate wearing surface upon a substantial base course, both of auah type, construction, materials and thickness as is deemed adequate and proper by said Engineer, and all of said improvements to be as provi& ed for in the plans and specifications therefor, to be prepared by said City Rngineer as hereinafter directed, and as shall be approved and adopted by the City Counan. That the area of the above street within the limits above defined lying between and under rails, double tracks, turnouts and switches, and two feet on each side thereof, of any railway, street rail• way or interurban using, occupying or crossing said street within the limits defined shall be improved with mach type of construction and of much material or materials and to aueh specifications and standards as said City lAginser may deem adequate and suitable therefor, whether the Improve- ments in such area be of the same construction and materials adopted for the other area of said street or not. SECTION 3* that in providing for and making such improvements, maid City Council deems it advisable and hereby determines to proceed raider and in the ewer. else 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 shove as Article 1105b of the Revised Civil Statutes of Texas, 19259 as amended, and as adopted, by the City of Tort Worth as Sam- ion 17, Chapter XXIII, of the Charter of said City. SECTION h. That the City weer is hereby directed to forthwith prepare and file with the City Council complete planet and specificatians for such imm. pxovomntsa SECTION 5. That the cost of said improvement's shall be paid for as follows, to Vitt (a) The cost of constrnctingo reconstructing or repairsn said im- provemants within the area between rails, tracks, double tracks, turnouts r.,d rWWhom, and two feet on eaeh side thereof, of any railway, street railway or interurban using, ocovVying or crossing such street or any port• tion thereof hereby ordered improved shall be paid by the respective owners thereof and &amassed against such railway, street railway or interurban and its roadbed, ties, rails, fixtures, rights and franchises and the real and true owners thereof in the manner provided by the said Act of the Fortieth Legislature of the State of Texas (1927) above identified* (b) The property abutting on those portions of Berry Street, as des. arib+bove In Section 1, and the real and true owners thereof shall pay all of the cost of the curbs and gutters in front of their respective prow perty and not *receding nine-tenths (9/1.0ths) of the estimated cost of the remainder of such improvements, exclusive, however, of the apt thereof herein specified to be paid by the owners of any railway, street railway or Interurban as not out in subsection (a) above. (a) 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 any railway, street railway or interurban and by the abutting properties and the real and true owners thereof, as not out above in sub- sections (a) and (b) respectively. That 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 there- of, and shall be payable as follows, to wit# When said improvements are completed end accepted by the City Council, the amounts payable by and assessed against the property abutting thereon and the real and true aware thereof shall be mad become payable in five (5) equal installments, due respectively on twenty (20) days, one (1), two (t), three (3) and four (4) years from the date of maid acceptance by said City Council, together with interest thereon from said date of acceptance at the rate of six per cant (6%) per annum, payable annually) provided, however, that the aware of said property shall have the privilege of pay.. ing any one of or all of such installments at say time before maturity there. of by paying the total amount of principal due, together with interest ac- crued to the date of payment. Further, if default be made in the payments of any of said installments of principal or interest promptly as same ma.. tares, than at the option of the contractor or assigns the entire amount of the assessment upon which such default is made shall be and become is" andiately due and payable, together with reasonable attorneys fees and collection oasts, if incurred. Rmorver, it In specifically stipulated and provided that no assessment shalt in any case be made against any property or the real and true owners thereof in excess of the spacial benefits to accrue to such property in the enhanced value thereof resalting from said imprcvemsnts. swTIoN 6. That in the l.avying and Braking of said "movements, if the name of amp► owner be unknown, it shall be sufficient to so state the feet, 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 cor- rect name of any owner, but the real and tree owner of the property mentioned shall be liable and the assessment against the prsperty shall be valid whether or not such owner be named or correctly named. Furthers the omis- sion of said iWrovements in front 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 property In such street. SECTION 7. That the Citgr Secretary is hereby directed to cause to be prepared a notice of enactment of this ordinance and to file said notice with the County Cleric of Tarrant County, Texas, among the Mortgage Records of said eomwty. SECTION 8. That this ordinance shall take effect and be in Bill force and efo fact from and after the date of its passage, and it is so ordained. APPROiBD AS TO FORM AND IMIUALITfYt ORDWNCE No. ,00 Title Date Filed Day r� 19 City Secretary P.0.No. 9713-T