HomeMy WebLinkAboutOrdinance 2486 ORDINANCE NO-L,1
AN ORDINANCE APPROVING AND ADOPT11G THE DIRECTOR
OF PUBLIC '+PORK'S WRITTEN STATEMENT AND REPORT OF
THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IM-
PROVE�NTS, THE ESTIMATES OF THE COSTS PER FRONT
FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING
PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, THE
ESTIMATES OF VARIOUS OTHER COSTS FOR THE IMPROVING
OF GAMBRELL STREET IN THE CITY OF FORT NORTH, TEXAS
WITHIN THE LIMITS HEREINBEL017 DESCRIBED, AND THE
STATEMENT OF THE NAMES OF THE APPARENT OWNERS,
AND APPARENT DESCRIPTIONS AND NUMBER OF FRONT
FEET OF PROPERTY ABUTTING SAID STREET WITHIN SAID
LIMITS, AND OF OTHER MATTERS RELATING THERETO;
DETERMINING AND FIXING THE PORTION OF SAID COSTS,
AND THE RATE THEREOF, PROPOSED TO BE ASSESSED
AGAIIST, AND PAID BY, SAID ABUTTING PROPERTY AND
THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION
OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF
FORT 'NORTH, TEXAS; DETERMI MNG THE NECESSITY OF
LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART
OF SAID COSTS APPORTIONED TO I� THEE"; ORDERING AND
SETTING A HEARING AT 9"I-1 D O'CLOCK A"M.
ON THE DAY OF r__ , 1947,
IN THE CITY —COUNCIL C AILBER OF THE CITY HALL OF
FORT WORTH, TEXAS, As THE TIME AND PLACE FOR A
HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUT-
TING PROPERTY, AND ALL OTHERS INTERESTED IN SAID
ABUTTING PROPERTY OR IN SAID PROCEEDINGS AND
CONTRACT, CONCERNING SAID ASSESSMENTS, PROCEEDINGS
AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF
THE CITY OF FORT WORTH, TEXAS, TO GIVE NOTICE OF
SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE
OF TEXAS; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT 'NORTH, TEXAS:
SECTION 1.
The City Council of the City of Fort Worth, Texas,
hereby finds and determines:
(a) That the City Council of the City of Fort
Worth, Texas, has heretofore by ordinance duly
enacted on July 10, 1946, determined the neces-
sity for, and ordered, the improvement of por-
tions of Gambrell Street in the City of Fort
Worth, Texas, within the limits hereinafter
defined, in the manner and according to the plans
and specifications therefor, which plans and
specifications have heretofore been approved and
adopted by the said City Council, said street,
and the portions thereof to be improved being as
follows, to-wit:
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GAMBRELL STREET, from the west line of Stanley
Avenue to the west line of Hamphill Street.
(b) That after advertising for bids for the con-
struction 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 secured bid of
Brown & Root, Inc. was accepted and contract duly
awarded to said Brown & Root, Inc. for the construes
tion of said improvements, which contract is dated
July 23, 1947, and approved and authorized by
Ordinance No. 2441, duly enacted by the City Council
on August 6, 1947; and
to) That in said plans, specifications and contract
that portion of Gambrell Street to be improved
thereunder within the limits hereinabove defined,
was divided into three separate sections and desig-
nated as Units Nos. 1, 2 and 3, as follows, to-wit:
GAMBRELL STREET, from the West line of Stanley Avenue
to the East line of James Street, known and desig-
nated as Unit No. 1:
GAMBRELL STREET, from the East line of James Street
to the West line of South Adams Street, known
and designated as Unit ko. 2; and
GAMBRELL STREET, from the West line of South Adams
Street to the West line of Hemphill Street,
known and designated as Unit No. 3.
(d) That by or-,inance duly enacted on theay
of O � 1947, said City Council
did abandon a improvement of that portion of said
Gambrell Street from the west line of Stanley Avenue
to the East line of James Street, known and desig-
nated as Unit No. 1, and order that such portion of
said Gambrell Street be not improved hereunder but
that the improvement of the remaining portion of said
Gambrell Street designated as Units Nos. 2 and 3 be
constructed under said contract and the proceedings
of said City Council in reference thereto, which
abandonment of said Unit No.l was consented and agreed
to by said Contractor, Brown & Root, Inc.
(e) That the City Council has caused the Director
of Public Works to prepare and file estimates of the
coats of such improvements on the portions of said
Gambrell Street to be improved, aid 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 said Director of Public Works
has heretofore filed said estimates, and a statement
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
hereinafter stated and set out in Section 2 hereof.
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SECTION 2.
That the written statement and report of the Director
of Public Works, heretofore filed with the City Council, show-
ing the estimated total costs of all improvements on the
portions of said Gambrell Street to be improved, as herein-
a bDve designated as Units Nos. 2 and 3, 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 amounts of the costs of
said improvements on said street as proposed to be assessed
against abutting property, and the real and true owners thereof
and the estimated amounts thereof proposed to be paid by the
City of Fort Worth, Texas, the names of the apparent owners
of the property abutting upon the said Street, with the des-
criptions of said property and the number of front feet of
each, 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 determined by the City Council that the estimated
total cost of all of such improvements on said street to be
improved within the limits as hereinabove described, the amounts
per front foot proposed to be assessed against the abutting
property,and the real and true owners thereof for said improve-
ments, the estimated amounts of the cost of said improvements
proposed to be assessed against the abutting property and the
real and true owners thereof, and the estimated amount of said
cost proposed to be paid by the City of Fort Worth, Texas, in
reference to each portion or unit of said Gambrell Street to
be improved are as follows, to-wit:
Gambrell Street,from the east 'line of James Street to the
west line of South Adams Street, known and designated
as Unit No. 2:
-J-
The estimated total cost of all the improvements
is the amount of $30,149.00.
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 $2.00 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 $2.75 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 $4.75 per front foot.
The estimated amount of the cost of said improve-
ments proposed to be assessed against the abutting
roperty and the real and true owners thereof is
21,4't4. �5
The estimated amount of the cost of said improve-
ments proposed to be paid by the City of Fort 'Worth,
Texas, is the amount of $ X b'14• ZS
Gambrell Street, from the west line of South Adams
Street to the west line of Hemphill Street, known
and designated as Unit No. 3.
The total amount of cost of all the improvements,
as estimated, is the amount of $ -699:88: 4 21,'74 R.00
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 $1.55 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 $4.65 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 $6.20 per front foot.
The estimated amount of the cost of said improve-
ments proposed to be assessed against the abutting
property and the real and true owners thereof is
17,91$•00
The estimated amount of the cost of said improve-
ments proposed to be paid by the City of Fort North,
Texas , is the amount of $ 3, 830.o 0
-4-
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 colt thereof shall be as-essed agn.inst and
paid by the property abutting said street within the limite
above defined, and the real and true orners thereof, in accord-
ance with, and in the manner provided by the Acts of the 40th
Legislature of the Stc.te of Texas, First Called Session,
Chap. 106, known and shown as Article 1105-b of Vernon's Anno-
tated Civil St�.tutes of Texas, as amended, and as adopted by
Section 17 of Article XXIII of the Charter of such City, and
that the total cost of said improvements on e� _h of 'oortions
or units of said street as herein-nbove described shall be, and
the same are hereby apnortioned bet-i.-:een os.J.d Oarties and shall
be paid and defrayed as follov,,s:
(a) The property abutting upon each such portion
of said street or unit, 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 (9/10) of the _estimated
cost of the remainder of such -Improvements; provided,
horever, that in no event shall said remaining costs
of said im-orovements which are to be paid by, and
assessed agairmt said d abutting properties and the
real and true owners thereof, exceed nine-tenths (9/10)
of the estimated total costs of said improvements
on such portion of said street or unit, exclusive
of the cost of the curbs and gutters thereon in
front of their respective property, said costs being
at the rate of, and in the amounts, as hereinabove
set Out in Section 2 hereof
!:Id portion of said costs for such improvements
shall be assessed against, said abutting pro')eTty and
the real and true owners thereof; provided, however,
that no amount shall be assessed a,-,,7,4.nst such abutting
property and the real and true owner or owners thereof
in excess of the special benefits resulting to such
property by reason of the construction of said improve-
ments. The costs -r.rhich may be assessed against such
abutting property and the real and true OWncxs thereof
shall be in accord-.ace wilth the "Front Foot Rule or
Plan" , in proportion as the frontage of such property
is to the entire frontage to be im-_,)roved on each
portion of s^id street or unit; providing further,
that if it shall a.pp.,_ at the he•irinZ on special bene-
fits given to said wmexz, as hereinafter provided for,
that the applicatioh of such rule or plan will result
-5-
in inequ---litlY or injustice, then such r,ile of
apportionment shall be applied as will, in the
judgment of the City Council, produce substan-
tial justice and equality between respective
parcels of property and the real and true onrners
thereof, considering the s-oeciF.l benefits to be
received and the burdens imnoqed, all in accor-
dance with, and as orovIded for in s.n'id Acts of
the 40th Legislature of the St-,.te of Texas,
First Called Session, Chap. 108, as hereinabove
identified.
That the amounts payable by the real and
true owners of said abutting property shall be
paid, and shall become payable in five (5)
equal annual instl-Ilriaents, one of which shall
be due and payable in t'renty (20) d,ys ,after the
completion of s,-,.id improve.,nente on the portion
of said street or Unit upon which the respective
property of said oirrners abut, and the acceptance
thereof by the City Council of the City of Fort
'North, Texas, and another installment in a like
amount in one (1), two,(3) , three (3) ,and four
(4) years from and after such acceptance, res-
pectively, together with interest thereof from
said date of acceptance at the rate of six (611)
per cent per annum, payable annually; but said
L:roperty owners shall have the privilege of paying
any and all of said installments before their
maturity by paying principal and accrued interest U
to the date of said -payment.
(b) The City of Fort 717orth, Texas sh�ill pay all
of the remainder of the costs of said improvements
after deducting the amounts hereinabove specified
to be paid by the abutting property and the real
and true owners thereof, as set out above in sub-
section (a), 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 portions of street or Units within the limits
above defined, and to all others owning, claiming or interested
in said property or any of said matters as to assess.,.ients and
as to the amount to be assessed aE^.inst each Parcel of abutting
property and the real and true owners thereof, and as to the
special benefits, if any, to said property to be received from
said J�.iprovements, or concerning any error, invalidity, irregu-
larity or deficiency in any proceeding or contract ::pith refer-
ence thereto or concerning any matter or thing connected th6re-
with, which hearing shall be held by the City Council of
-6-
the City of Fort Worth, Texas, in the City Council Chamber
in the City Hall of the City of Fort 'Worth , Texas, at
o'clock m. , on the day of ,
1947, at which time and place all persons, firms, corpora-
tions or estates, owning or claiming any such abutting
property or any interest therein and their agents or attor-
neys, or persons interested in said proceedings, shall be
notified to appear and to be heard in person, or by councel
qnd may 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 Secretary of the City of Fort Worth, Texas, is
hereby dirdoted to give notice of said hearing by publication
of notice in some newspaper of general circulation in the
City of Fort Worth, Tarrant County, Texhs; said notice shall
be published at least three (3) times in said newspaper be-
fore the date set for hearing, the first of which publications
shall be at least ten (10) days prior to the date of said
hearing, and such notice by publication shall be valid and
sufficient, without any further form or character of notice,
as provided for by and in accordance with the terms and pro-
visions of said Chapter 106, of the Acts of the First Called
Session of the Fortieth Legislature of the State of Texas,
known as Article 1105-b of the Revised Civil Statutes of Texas
and amendments thereto.
SECTION 5.
Following such hearing as above provided, assessments
will be levied against said abutting property and the real and
true owners thereof for that portion of the costs of said
improvements hereinabove determined to be payable by said
abutting property and the real and true owners thereof, and
v,,nich assessments shall be a first and prior lien upon said
ab utting property and a personal liability and charge against
-7-
the real and true owners thereof. In levying said assessments,
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 suffi-
cient to so state the fact, and it shall not be necessary to
give the correct name of any such owner and no error or mis-
take in attempting to name any such owner or in describing any
of said property shall invalidate any assessment or certificate
issued in evidence thereof; but nevertheless, the real and true
owners of said abutting property shall be liable, and the
assessment against said abutting property shall be valid whether
or not such owner be named, or correctly named, or said property
correctly described therein.
SECTION S.
Each portion of said street hereinabove described and
designated by unit numbers constitutes a separate and independ-
ent Unit of the improvements and shall be improved and the
improvements constructed therein as separate and independent
from each and every other Unit of said str@et, and the assess-
ments to be levied for said improvements in each Unit or portion
of said street shall be altogether separate and distinct and
independent of and from the assessments to be levied in every
other of said Units and portions of said street, and in making
and levying said assessments against the property abutting upon
one of said Units, no matter or circumstance in connection with
any other of said Units shall be considered or have any effect
upon the other, all as fully and to the same extent as if
separate proceedings and contracts had been had and executed
with reference to the improvements to be made in each of said
Units.
-8-
SECTION 7.
This ordinance shall take effect and be in fall force
from and after its passage.
PASSED AND APPROVED, this the day of
1947.
1s <�r
MAYOR OF CITY OF FORT TO-Mr,
TEXAS.
ATTEST:
CITY SECRETARY
R
APPROVED AS TO FORM:
CITY ATTOR::E .
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