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HomeMy WebLinkAboutOrdinance 8602,;, ~. ORDINANCE N0. AN ORDINANCE DETERMINING THE NECESSITY FOR AN ORDERING AND PRO- VIDING FOR THE IMPROVEMENT OF A PORTION OF BRENTWOOD STAIR ROAD AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, LETTING CONTRACT TO AUSTIN ROAD CO. AND CONCHO CONSTRUCTION CO., INC., AND FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION, MAKING APPROPRIATIONS FOR THE"PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED, MAKING PROVIDIONS FOR THE LEVYING OF ASSESS- MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGN- ABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS, DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES, DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, SECTION 1, EMERGENCY EFFECTIVE MAY 12, 1967, AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Works Director for the City of Fort Worth, Texas, has prepared Plans and Specifications for the improvements of the herein- after described portions of streets, avenues and public places in the City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper, NOW THEREFORE: THAT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, 1. The hereinafter described Plans and Specifications are hereby approved and adopted. II. There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: BRENTWOOD STAIR ROAD From Enoch Drive to 115 feet West of Druid Drive, Unit I, and from 90 feet East of Crooked Lane to Ranch Road, Unit II-A, all of which is known as Project No. 029-023172. n s III. Each of the above described portions of streets, and public places in the City of Fort Worth, Texas, shall be improved by raising, grading, and filling same and by constructing thereon the following, to-wit: PROJECT N0. 029-023172, UNIT I, BRENTWOOD STAIR ROAD, FROM ENOCH DRIVE TO 115 FEET WEST OF DRUID LANE, to be improved by construction of seven-inch thick hot-mix asphaltic concrete pavement on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-foot wide roadway. PROJECT N0. 029-023-172-00 UNIT II-A, BRENTWOOD STAIR ROAD, FROM 90 FEET EAST OF CROOKED LANE TO RANCH ROAD, to be improved by construction of seven-inch thick hot-mix asphaltic concrete pavement on a six-inch lime stabilized subgrade with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a forty-four foot wide roadway. The above, together with concrete curbs, gutters, driveways and inci- dentals to such improvements, on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances, all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. IV. 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, avenue or public place and the real and true owners thereof shall pay all of the cost of curbs and gutters in front of their property and not exceeding nine-ten- ths (9/10th) 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 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 to wit: When the improvements are completed and accepted by the City, the sums assessed against property abutting upon such completed and accepted project shall be and become due and payable in ten (10) equal installments, each equal to one-tenth (1/10) of the total amount of the assessment. The first installment shall be due and payable thirty (30) days after completion and acceptance of the project. The balance of the assessment shall be evidenced by promissory notes executed by the real and truc owners of the abutting properties and liens securing same. The note shall provide for nine (9) equal annual installments, each in the amount of one-tenth (1/10) of the total assessment, together with interest on the unpaid balance of the note at the rate of eight percent (8%) per annum, with the principal and inter- est payable on the anniversary date of the initial payment. The note may be prepaid at any time without penalty, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City of Fort Worth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and payable, but it is specifically provided that no assessments shall in any case be made against any property or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts, as assertained at the hearing provided by the law in force in the City, nor shall any assessment be made in any case until after no- tice of hearing as provided by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by cer- tificates of a special assessment which shall be executed in the name of the City of Fort Worth, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorized payment of sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly installments of not less than $9.00 each, the first of such in- stallments to become due and payable not more than 30 days after the com- pletion and acceptance by the City of the particular unit, PROVIDED FUR- THER, that the City Attorney is hereby empowered to authorize payments of said sums in lesser installments and/or over a longer period of time in which the Director of Public Works has previously determined that an .~ :,.. ~ 1 n extreme financial hardship upon the property owner will otherwise result and PROVIDED FURTHER, that such method of payment shall be authorized only in instances where the owner or owners of property abutting upon such com- pleted and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanmic's and material- man's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. V. The assessments against the respective lots and parcels of property and the owners thereof shall be evidenced by certificates of special assessment, which shall be executed in the name of the City by the Mayor of said City and the City Secretary shall attest the same and impress the corporate seal of the City thereon, and which may have attached thereto coupons in evidence of the several installments, or in evidence of any of the installments in which the assessment is payable, which certificates shall be issued to the City of Fort Worth, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the name of the owners, as far as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantial- ly that all proceedings with reference to the making of such improvements have been regularly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property described in said certificates and the personal liability of the owners thereof, have been regularly had, done and performed, and such recitals shall be prima facia evidence of the matters so recited, and no further proof shall be required in any court, and the said certificates shall provide substantially that if default be made in the payment of any installment promptly as the same matures, then, at the option of the City of Fort Worth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as the principal and interest on the assessment, shall be a first and prior lien against the property, superior to all other liens and claims except State, County, School District, and City ad valorem taxes. No error or mistake in naming any owner or in describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omis- sion of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the works above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, as amended, and the bid of Austin Road Company of $606,256.75 for Unit I and II-A, for hot-mix asphaltic concrete . ,~ ~• pavement with lime stabilized subgrade and the bid of Concho Construction Company, Inc., of $334,244.17 for Unit II-B bridge construction having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefore is hereby awarded to Austin Road Company and Concha Const._ Co. ;"I;nc._, at and for the prices stated in the Proposal of said companies and as reported and recommended by the Public Works Department, which said report and recommendation is on file with the City, the City Manager, and the City Secretary are hereby directed to execute the said contract in the name of the City of Fort Worth, Texas, and to impress the corporate seal of the City thereon, the said contract embracing, among other things, the prices for the work. To provide for the payment of the indebtedness incurred by the City of Fort Worth, Texas, by said contract, there is hereby appropriated out of available funds and current revenues of the City, an amount sufficient to pay said indebtedness so incurred. VIII. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings taken and had in accordance with and under the terms of the pwoers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now known as Article 1105b of Vernon's Texas Civil Statutes, as amended, which law has been adopted as an amend- ment to and made a part of the Charter of the City of Fort Worth, Texas, and under which law these proceedings are taken and had. IX. Each unit above described shall be and constitute a separate and independent unit of improvement and the assessments herein provided for shall be made for the improvements in each unit according to the cost of the improvements in that unit and according to the benefits arising from the improvements in that unit. X. In making assessments, if the name of the 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 the owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. XI. The Director of Public Works of the City of Fort Worth, Texas, be and he is hereby ordered and directed to file with the City Council, estimates of the cost of such improvements in each unit, in accordance with the terms of the powers and provisions of the Charter of the City of Fort Worth, Texas. . t' XII. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislature of the State of Texas, and shown as Chapter 21 of the Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now known as Article 1220a of Vernon's Texas Civil Statutes. XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City. XIV. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED AND APPROVED THIS ~ day of 19~. APPROVED AS TO FORM AND LEGALITY: City Attorney ~~e~; ~ `