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HomeMy WebLinkAboutOrdinance 4192 ~ r ORDINANCE NO. 419Z AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORK'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE TOTAL COSTS OF ALL OF THE IMPROVEMENTS, OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND OF VARIOUS OTHER COSTS FOR THE IMPROVEMENT OF UNIT NO. 5 BEACH STREET EXTEN- SION FROM CARTER AVENUE TO THE NORTH LINE OF LOT 1, BLOCK 17, SYCAMORE HEIGHTS ADDITION TO THE CITY OF FORT WORTH, IN THE CITY OF FORT WORTH, TEXAS, AIM VARIOUS OTHER MATTERS RELATING THERETO; DETERMINING THAT A PORTION OF SAID COSTS SHALL BE PAID BY THE CITY OF FORT WORTH; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR A PORTION OF SAID COSTS;DEI'ERMINING THAT A PORTION OF SAID COSTS SHALL BE ASSESSED AGAINST ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING AND FILING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST, 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 WORTH, TEXAS; ORDERING AND SETTING A HEARING AT 9."OCJ O'CLOCK, ,f__�,_.M., ON THE 3� DAY OF ,440 E2 , 1959, IN THE CTTY COUNCIL CHAMBER IN THE CITY HALL IN THE CITY OF FORT WORTH, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID PROCEEDINGS AND CONTRACT, CONCERN- ING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS; AND DIRECTING THE CITY SECRETARY OF THE CITY OF FORT WORTH, TEXAS, TO GIVE NOTICE OF SAID HEARING AS RE- QUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, 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 Pin n59 A.D., 19 , determined the necessity fo , and ordered, t e improvement of portions of Beach Street Extension within the limits hereinafter defined, in the City of Fort Worth, Texas, in the manner and €ecording to the Plans and Specifications there- for, whidh plans and "ecifications have been hereto- fore approved and adopted by said City Council, said street, and the portions thereof so ordered improved being as follows, to-wit: Unit No. 5 Beach Street Extension from Carter Avenue to the North Line of Lot 1, Block 17, Sycamore Heights Addition to the City of Fort Worth, in the City of Fort Worth, Texas. t (b) That notice duly executed in the name of the City of Fort Worth, Texas, of the enactment of said above described Ordinance has heretofore been filed with the County Clerk of Tarrant County Texas, in which said city is situated, on the 1 }r day of 11" -ft , A.D. 19 ; and duly recorded in of the Mortgage Records of Tarrant Counter, Texas. (c) That after advertising for bids for the construc- tion 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 Worth Construc- tion Company was accepted and contract duly awarded to said Worth Construction Company for the construction of said improvements, by Ordinance duly enacted on _L.. y 3 i %T , A.D. 1911, which contract is dated ..�J..,Y 31 S' 19.522 , and (d) That the City Council has caused the Director of Public Works to prepare and file estimated of the costs of such improvements on the portions of said street to be improved, and estimates of the amounts per front foot proposed to be assessed against the property a- butting 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 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. SECTION 2: That the written statement and report of the Director of Public Works, heretofore filed with the City Council, showing the estimated total costs of all improvements on said street to be improved, as hereinabove described, 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 im- provements, the estimated total amounts of the costs of said Improvements on said street as proposed to be assessed against said abutting property, and the real and true owners thereof, and the estimated amounts of said costs on said street proposed to be paid by the City of Fort Worth, Texas, and other matters re- lative 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 amounts and estimates of the respective items of costs of said improvements as above described on said street are as follows, to-wit: -2- r Unit No. 5 Beach Street Extension from Carter Avenue to the North Line of Lot 1, Block 17, Sycamore Heights .Addition to the City of Fort Worth, in the City of Fort Worth, Texas. 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 8 5 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 $ 8,0if� 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 /D. 23 per front foot. The estimated amount of the cost of said improvements proposed to be paid by the City of Fort Worth, Texas, is the amount of $=41,32,3,-(a7 The estimated tota cost of all the improvements is the amount of I ,7 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 it is necessary and a portion of the cost thereof shall be assessed against and paid by-the property abutting said street, within the limits above defined, and the real and true owners thereof, In accordance with, and in the manner provided by the Acts of the Fortieth Legislature of the State of Texas, First Called Session, Chapter 106, known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as amended and as adopted by Section 17 of Article XKIII, of the Charter of said City, and that the total costs of said improvements on said street as hereinabove described, shall be, and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) The property abutting upon each of said street, and the real and true owners thereof, shall pay all of the cost of the curbs and gutters in front of their respectice property and not exceeding nine--tenths (9/10ths) of the estimated cost of the remainder of such improve- ments; provided, however, that in no event shall said remaining costs of said improvements which are to be paid by, and assessed against said abutting properties, and the real and true owners thereof, exceed nine-tenths (9/10ths) of the estimated total costs of said improve- ments on such portion of said street, exclusive of the cost of curbs and gutters thereon in front of their re- spective property, said costs being at the rate of, and In the amounts, as hereinabove set out in Section 2 hereof. -3- J S id portion of said costs for such improvements shall be assessed against said abutting property, and the real and true owners thereof; provided, however, that no amount shall be assessed agdnst such abutting property,�and the real and true owners thereof, in ex- cess of the special benefits resulting to such property by reason of the construction of said improvements. The costs which may be assessed against such abutting property, and the real and true owners thereof, shall be in accordance with the "Front Foot Rule or Plan", in proportion as the frontage of such property is to the entire frontage to be improved on each portion of said street or Unit; providing, further, that if it shall appear at the hearing on special benefits given to said owners, as hereinafter provided for, that the applica- tion of such rule or plan will result in inequality or injustice, then such rule of apportionment shall be applied as will, in the judgment of the City Council, produce substantial justice and equality between re- spective parcels of property, and the real and true owners thereof, considering the special benefits to be received and the burdens imposed, all in accordance with, and as provided for, in said Acts of the Fortieth Legis- lature of the State of Texas, First Called Session, Chapter 106, as hereinabove identified. That the amounts payable by the real and true owners of said property shall be paid, and shall become payable In five (5) equal annual installments, one of which shall be due and payable in twenty (20) days after the completion of said improvements on the portion of said street upon which the respective property of said owners abut, and the acceptance thereof by the City Council of the City of Fort Worth, Texas, and another install- ment in a like amount in one (1), two (2), three (3), and four (4) years from and after such acceptance, respectively, together with interest thereon from said date of acceptance at the rate of six (6%) per cent per annum, payable annually; but said property owners shall have the privilege of paying any and all of said installments before their maturity by paying principal and accrued interest to the date of said payment. (b) The City of Fort Worth, Texas, shall pay all of the remainder of the costs of said improvements after deducting the amounts hereinabove specified to be paid b y 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 the property abutting upon said street within the limits above defined, and to all others owning, claimi4g, or interested in said property, on any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property, and the .-4- real and true owners thereof, and as to the ppecial benefits, if any, to said property to be received from said improvements, or concerning any error, invalidity, irregularity or deficiency in any proceeding or contract with reference thereto, or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of the City of Fort North, Texas, in the City Council Chamber in the City Hall of the City of Fort Worth, Texas, at .'D 0 o'clock, A .M., on the /3 day of &,O,KeAIA4F i , A. D. 19-11?, at which time and place all per- sons, firms, corporations, or estates, owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, or persons interested in said proceedings, shall be notified to appear and to be heard in person or by counsel and 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 pro- tests have been duly offered and heard; and the City Secretary of the City of Fort Worth, Texas, is hereby directed to give notice of said hearing by publication of Notice in some newspaper of general circulation in the City of Fort Worth, Tarrant County, Texas; said notice shall be published at least three (3) times in said news- paper before the date set for hearing, the first of which publica- tions shall be at least ten (10) days prior to the date of said hearing, and such Notice by publication shall be valid and suf- ficient, without any further form or character of Notice, as provided for by and in accordance with the terms and provisions 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 againstsaid abutting property, and the real and true owners thereof, for that portion of the costs of said improve- ments hereinabove determined to be payable by said abutting property, and the real and true owners thereof, and which assessment against said abutting property shall be a first and prior lien upon said -5- abutting property and a personal liability and charge against 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 sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner and no error or mistake in attempting to name any such owner or in describing any of said property shall invalidate any assessment, or certificates 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 correaTTY described therein. SECTION 6: This Ordinance shall take effect and be in full force from and after its passage. PASSED AP1D APPROVED, this the 3 n iA day of QC T0eE4 , A. D. lq-b • MAY OR OF THE CITY OF FORT W ` , TMW ATTEST: ^r- r ApP_PROVED AS TO FORM: r Ff -t CITY ATTORM -6- CITY OF FORT WORTH TEXAS S OFFICE OF THE CITY MANAGER Communication to Mayor and Council No. PW9- 139 October 30, 1959 Honorable Mayor and Re: Beach Street Extension, from Members of the,City Council Carter Avenue to the north City of Fort Worth line of Lot I , Block 17, Sycamore Heights Addition, Project No. 84-B3-25 Setting Date for Benefit Hear- Mrs. McKnight and Gentlemen: ing In connection with the proposed paving of Beach Street Extension from Carter Avenue to the north line of Lot I , Block 17, Sycamore Heights Addition, thb following documents have b6en prepared: 10. Engineer's Estimate of Cost; il . -Proposed Ordinance approving Estimate of Cost and setting date for Benefit Hearing; 12. Notice of Benefit Hearing to be published in newspaper. Previous steps taken In this connection areas follows: I . Ordinance No. 4149 Ordering the Paving adopted June 26, 1959. 2. Report of Public Works Director approved June 26, 1959; 3. Ordinance No. 4150 approving the Specifications adopted June 26, 1959; 4. Advertised July 2, 1959. Bids received July 23, 1959; 5. Tabulation of Bids submitted; 6. Ordinance No. 4164, refbrring bids t,@ Public Works Depart- ment for a report adopted July 31 , 1959; 7. Report of Public Works Director submitted July 31 , 1959; 8. Ordinance No. 4165 approving the ,report and awarding the contract to Worth Construction Company on its low bid of $234,008.36 adopted July 31 , 1959; 9. Report of Director of Finance. It i,s recommended that November 13, 1959, at 9.:00 AM be set as the date for the Benefft Hearing. CITY OF FORT WORTH, TEXAS Re pectfuliy submitted, THE SUBJECT FATTER OF THIS M.& C.0 IA S P.:ES_NTED TO THE CI,2Y COUNC LPc:i _ OCT 3 0_�,�5.9_� L: . 'coo 1 ngnam AND WAS Pr_'OVD -` '�i Manager O m