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Home My WebLink AboutOrdinance 4348 "!TY EuRy ORDI NANCh N0. b; M r : gRX .m AN ORDINANCE DETERMINING THF NECESSITY FOR AND ORDERING THAT A PORTION OF Berry Street Mctention Unit No. 1 (R'ainey :at.) IN THE CITY OF FORT WORTH, TEXAS, WITHIN T'HF LIMITS HERE- IN DF FINEi1, 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 JOR 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 lob, 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 Gity of Fort Worth, Texas, as follows, to-wit: Berry Street extension from Easterly line oF' 16itchell Blvd. to the Kesterly line of Vaughn Blvd. known and designated as Unit No. 1. SECT13N 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 North as Section 17, Chnpter XXIII of the Charter of said City. SECTION U. The City Engineer is hereby directed to forthwith prepare and file with the City Council complete plans and specifications for such improvements. �'FCTION 5. The cost of said improvements as herein defined shall be. paid fcr as follows, tc-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 cf 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 (R). 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 .7 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 rivilege 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. Rirther, 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. SECTTc)%T 6. In the levying and making of Said assessments, if the name cf any owner be un- known, it shall be sufficient to so state the fact, and if any property be owned loy -n estate or by any firm or corporation, it shall be sufficient tc so state, and it shill not be necessary to give the correct name of any owner, but the re,-,l and true �,,incr cf the property mentioned shall be liable and the assessment ngainst, the property o�'ill be valid whether or not such owner be named or correctly named. It is hereby IF _ further provided that in levying said assessments, the GM4ssicn of said iT-,[1rcvFM.Pntz in front of any parcel of property exempt from the lien of such 2SSeSsnrnts shall in -;wise affect or impair the validity of the assessment against the other abutting procorties in such street. SECTIDN 7, The City Secretary is hereby directed to cause to be. prepared a notice of the enac.,t.Tment or th-i3 erdanarce and to file said notice with the County Cerk of Tarrant County, Texas, P.mcng the Mortgage 7ecords of said County. 8. Th,'..s crciin:)nce sh�11 tpkp, effect and be ir full. force and effect from and after the date of its passage, it is so ordained. 111F__11_111L;D1 P3 R11 -"jty "'t-t7rnry �* :.I r I, NOTICE IIwF��,flr fir"1 115 M°�.w fw��Mr�ilE THE STATE OF TEXAS COUNTY OF TAR.RAIQT Notice is hereby given that the governing body of the City of Fort 1,1orth, Texas, has ordered and determined it to be necessary that the following portion of Unit , in the City of Fort I-Jorth, 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 aubtting thereon, said portion of street in the City of Fort ';dorth, Texas, being as follows: ROM Strest extenalm trwa ftstaIr W10 of NitobAU RX"o "ly 1bw of Vwaon IMA. kwm ad destWoW as Wt Now&, IN T;.=�U1' Y M2R 0F, the City of Fort 'forth has caused this instruments te-o`Iie. execut d in its behalf and signed by its Itayor, this �- day of = u�' A.D., 14tH ,. CITY OF FORT NORTH y ATTEST: BY . Mayor `/City Secretary 6 STATE OF =3 4 COMITY OF T.IRRANT BEFORE AZ, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared "tea",W. Ta A. McCann, Iznown to me to be the person whose name is subscribed to the fore- going instrument, and acknowledged to rte that he executed the same.as the act and deed of the City of Fort Worth, a xAmicipa� corporation of Tarrant County, Texas, and as the Mayor thersoTf and for the purposes and consideration therein ex�s�^essee�. GIV3X UNDER ABY HAND AND SF,AL OF OFFICE, this the 12th day b of Riost A D. 19 L,, Notary Public in and for lx "` `" Tarrant County, Texas