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HomeMy WebLinkAboutOrdinance 4585 OFFICIAL RECORD ORDINANCE NO. CITY SECRETARY FT. WORTH, TEX. AN ORDINANCE D'rI a1INING TfE NECESSITY FOR AND ORDERING ARD PROVIDING FO., TII_ 31 PROVaIENT OF A PORTION OF UNIVERcSITY DR. IN THE CITY OF FO:zT WORTH, TEXAS; LEP^:ING CON'"FACT TO J. L. BI+IZ.TRAM FOR, THE I'AYMG ^NiD CON6Ti UCTIOId OF SUCH 111PROVENIE1dT5 AND AUTHORIZING ITS EXECUTION; BAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING TH7,' 1114DELTEDIM3 T.IMEbY 1PaCUiiRED; A.Af:ING PPO'TISIONS FOP: THE LEVYING OF AS:E"FATS AGAINbT ABUTTING PROPERTIES AND TPE 0=4NE T.S TIL:`YOF FOh A PAE.T Or "HE CO:ii OF SUCH Dt PROVET'�NS AND T1IHE ISaUAI'%CE OF A."-,SIGIJABLE CEIRTIFIC+TES h EVIDENCE OF :vUCH A✓,`_'•.;Sq:E1 'S; DIRECT I,a s-L r'UsLTC DIRECTOR OF THE, CITY TO PKEPARE ES DIATEb; DIREC'.11IG THE CITY SECRETAFY TO FILE A NOTICE OF ADOPTION: OF THIS ORDINANCE WITH THE COUNTY CLERK OR TAFG.1O'.NT COUNTY, TEXAS; DECIAI.ING THAT 1'HIS ORDTP,AhCE A0 ALL SUBSEQUENT P-ROCEEDINGS RELATING TO SkID STRE-T T.r.1'fi0'Ti3,IaiP ARE AND SI NLL BE PURSU".Id`.i TO THE ACT. Or THE FIRST CALLED SESSION OF THE FOR'PIEPH LEGISLA2U.1E OF '!HL STATE OF TEXAS, cHAITf n 106, CUEYONL ia,'(NN AS ARTICLE 1105b OF 7ERNONIS TEXAS CIVIL S1WIOUT JS; rAND DIRECTING Tl , CI'_'Y 6LC__1E7T..RY TO LhGROSS Ado EN WLL THIS l i:DIi "NCE L! COP`11 NG THE CAPCIOI. OF Sll.`E IN TfM I.DTUTE KOK GF TI-E, CITY COUNT CIL ARD E FILTNG TH CCUPLcETZ ORDINANCE IN THE AFPRiOF,�.IATE P.ECOVDS OF THIS CITY; AND PROVIDING AN EYKMI E DATE. I'H=EAS, the Public corks Director for the City of Fort °d4orth, Texas, has prepared Plans and Specifications for the improvement of the hereinafter described portion of University Drive in the City of Fort `^forth, Texas, and same having been examined by the City Council of the City of Fort '4orth, Texas, and found to be in all matters and things proper, i•64, T; EFOPE: BE IT ORDAINED BY `11-FE CITY COUNCIL OF T?.L CITY OF F HT YfORTH, T!lXAS, ,''TAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted. Ir. There exists a public necessity for the improvement of the hereinafter described portion of University Drive in the City of Fort Worth, Texas, to-wit: University Drive From the northerly line of Cantey Street to the north line of Lot 34, Block 12, University Place, known and designated as Unit No. 1: III. The above described portion of University Drive and public places in the City of Fort Worth, Texas, shall be improved by raising, grading and filling same and by constructing thereon as follows, to-wit: University Drive: Unit No. 1, l " hot-Nix Asphaltic Concrete Surface on 6 " Reinforced Concrete Base; The above, together with combined concrete curbs and gutters on proper grade and line where sr-,me are not alreacy so constructed, together with storm sewers and drains and other necessary incidentals and a,purtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications, therefore. IV. The cost of said improvements as herein defined shall be paid for as follows, to-wit: -1- A, The property abutting on that portion of University Drive 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-tenths (9/10ths) of the estimated cost of the re- mainder of such improvements. 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 a prior lien upon such properties and a. personal liability of the real and true owners, thereof, and shall be payable as follows, to-wit: When the improvements are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal installments, due respective- ly on or before thirty (30) days, one (1). two (2). three (3), and four (4) years from the date of such completion and acceptance, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such install- ments after the date of completion and acceptance of such respective unit. The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six per cent W. per snnum, payable annually except as to interest on the first installment, which shall be due and payable on the date said installment matures, provided that any owner shall have the right to pay any and all of such installment at any time before maturity by paying principal with inter- est accrued to the date of payment, and further provided if default be made in the pay- ment of any installment promptly as the same matures, when 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 assessment shall in any case be made against any property or any owner thereof in excess of the special be:;efits to property in the enhanced value thereof by means of said improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall any assessment be made in any case until after notice and hearing as provided by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort 'dorth, PROVIDED, however, that acting through its duly authorized Director of Public works, the City of Fort Borth retaining the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit is not more than forty-eight equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, P_'0`IIDED FURTTI �' , that the City Attor- ney is hereby empowered to authorize payments of said sums in lesser installments and /or over a longer period of time in cases in which the Director of Public 7.orks has pre- viously determined that an extreme financial hardship upon the property owner will other- wise result; and P?OVIDE'D FUFTBEF., that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and ac- cepted unit shall have executed and delivered to the City of Fort +orth, a lawful, valid and binding note and mechanic's and materialman's contract upon forms sup^lied by the City granting a mechanic's lien upon and conveying the said abutting prperty 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 Secre- tary 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 -Ls payable, which certificates shall be issued to the City of Fort Vorth, 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 fax as known, and shall contain such other recitals as may be pertinent thereto, and shall further recite substantially that all proceedings with reference to the making of such im- provements have been regularly had in compliance with law, and that all prerequisites to -2- 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 'Xorth, or its ass_gns, the entire amount of the assessment shall be and become i=ediately due and payable, to- gether with reasonable attorney's fees and costs of collection, if incurred, all of which, as well as *.he 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 takes. 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 arrsrisssion of im- provements on axiy ,particular unit or in front of ar_y property exemp 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 to word above provided for; but the substance thereof shall suffice, and they may contain other and ad- ditional recitals pertinent thereto. VI. Bids have been advertised for as required by Article 1105b of the re- vised civil statutes of Texas and the bid of J.L. Bertram having been found to be the lowest and best bid for the making the construction of said improvements, the contract therefor is hereby awarded to J.L. Bertram, at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works Department, which said report and recormiendation is on file with the City, the City Manager and City Secre- tary 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 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. VII. To provide for the payment of the indebtedness incurred %y 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 indebtness so in- curred, VIII. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of 'Ternon's Texp.s Civil Statutes, which law has been adopted as an amendment to and made a part of the Charter of the City- of Fort Borth, Texas, and under which law these proceedings are taken and had. Ix. Each unit above described shall be and constitute a separate and in- dependent 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 other 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 neces- sary to give the correct name of the owner, but the real anct 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 viorth, Texas, be and his is hereby, ordered and directed to file with the City Council estimates of t he cost of such improvements in each unit, in accordance with the terms of the powers and pro- visions, of the Charter of the City of Fort +4orth, Texas. -3- XII. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrgnt 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 being shown as Article 1220a of Vernon's Texas Civil Statutes. XIII. The City Secretary is hereby directed to engross and enroll this ordi- nance 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 drte of its passage. PASSED AND API'R00LD THIS J DAY OF� 196o+C/. APPROVED AS TO FORV AND LEGALITY: City Attorney -4-