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HomeMy WebLinkAboutOrdinance 4997 ORDINANCE Pffi..�G9 AN ORDINANCE DETERA"ZNING THE N3C 33ITY FOR AND ORDMING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF MGTH== STD AND PORTIONS OF 3U?4DRY OTHER STREETS, .AV NU 3 A'dD PITBLIC PLACE IN THE CITY OF FORT -gORTH, TEXAS; LETTING CONTRACT TO S.R.O. Asphalt Ine. FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTULNES3 TH-.1211BY INCURRED; MAKING PROVI- SION% FOR THE LEVYING OF ASSESSINE21TS AGAINST ABUTTING PROPERTIES AND THE, O:,RJ R3 THERMF F03 A PART OF THE CO3T OF SUCH IMPROVE AND THE ISSUANCE. OF ASSIGNABLE CLRTIFI•- CATES IN EVIDa'JCE OF SUCH ASSrjS�TT3; DIRECTING THE PUBLIC ',;ORK3 DIRECTOR OF THE CITY TO PREPARE :33TIM,ATLS; DIR3CTING THE CITY 330RETARY TO FILE, A NOTICE OF ADOPTION OF TEIS ORDINANCE JITH THE, COUNTY CLE[M OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE, AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMMT ARE AND SHALL BE PUR3UANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEG13- LATURE OF THE STATE OF TEXAS, CHAPTER 106, CO1440NLY KNO,dN AS ARTICLE 1105b OF.VEnNON?S TEXAS CIVIL STATUTEES; AND DIRECTING THE CITY SECRETARY TO ;WGROSS 'AND ENROLL THIS ORDINANCE Bf COPYING THE CAPTION OF -W-1E 1N THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE, COMPLETE, ORDINANCE, IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DAT'L`. dIIyR,AS, the Public "orks Director for the City of Fort Jorth, Texas, has prepared Plans and Specifications for the improvenents of the hereinafter described portions of streets, avenues and public places in the City of Fort north, Texas, and same having been examined by the `ity Council of the City of Fort !forth, Texas, and found to be in all matters and things proper, NO.! THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF FORT :JORTH, TEXAS, THAT: I. 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 orth, Texas, to-wit: 1. MaPHERSOIR STREET: From Stanley to Livingston, known and designated as Unit No. 1. 2. MaPHERSON STREET: From Livingston to Gordon, known and designated as Unit No. 2. 3. McPHERSON STREET: From Gordon to Townsend, known and designated as Unit No. 3. 4. McPHERSON STREET: From Townsend to Prazier, known and designated as Unit No. 4. 5. BIDDISON STREET: From Hemphill to St. Louis to the South, known and designated as Unit No. 5- 6. STUART DRIVE: From Butler to Ripy, known and designated as Unit No. 6. 7. STUART DRIVE: From Ripy to Biddison, known and designated as Unit No. 6-A. 9. BOLT STREET: From Frazier to Townsend, known and designated as Unit No. 7. 9. SEW STREM From Townsend to Gordon, known and designated as Unit No. S. 10. SHAW STREET: From Hemphill to Jennings, known and designated as Unit 170. 9. 11. E. ROBERT STREETI From East Line of Lot 22, Block 17, Ryan Southeast Addition to Beverly, known and designated as Unit No. 10. 12. E. WGETT STREET: From New York to Vickery, known and designated as Unit No. 11. Each of the above described portions of streets, avenues and public places in the City'of Fort `Borth; Texas, shall be improved by raising, grading and filling same and by constructing thereon the following,-to-wit: 1. Mc:PHERSON STREET: From Stanley to Livingston, known and designated as Unit No. 1, a 1i inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 26 foot roadway. 2. PQopmsON STREET: From Livingston to Gordon, known and designated as Unit No. 2, a 1i inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 26 foot roadway. 3. McPHERSON STREET: From Gordon to Townsend, known and designated as Unit No. 3, a 1i inch Hot-Mix asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 26 foot roadway. 4. &PHERSON STREET: From Townsend to Frazier, known and designated as Unit No. 4, a 1} inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 26 foot roadway. 5. BIDDISON STREET: From Hemphill to St. Louis to the South, known and designated as Unit No. 5, a 1i inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 40 foot roadway. 6. STUART DRIVE: From Butler to Ripy, known and designated as Unit No. 6, &IJ inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway, 7. STUART DRIVE: From Ripy to Biddison, known and designated as Unit No. 6-A, a li inch Hot-Mix Asphalt Concrete surface on a 7 inch Cement Stabilized Gravel Bass on a 30 foot roadway. g. BOLT STREET: From Frazier to Townsend, known and designated as Unit No. 7, a 1i inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway. 9. SHAW STREET: From Townsend to Gordon, known and designated as Unit No. 9, a li inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway. 10. SEW STREET: From Hemphill to Jennings, known and designated as Unit No. 9, a 1i inch Hot-Mis Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway. 11. Z. RCBERT STREET: From Best Line of Lot 22, Block 17, Ryan southeast Addition to Beverly, known and designated as Unit No. 10, a li inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway. 12. E. DAGGETT STREET: From New York to Vickery, known and designated as Unit No. 11, a 1i inch Hot-Mix Asphalt Concrete Surface on a 7 inch Cement Stabilized Gravel Base on a 30 foot roadway. The above, together with combined concrete curbs and ?utters 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 SpecificatLons 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 pav 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 remainder. of such improvements. 9. The Cit•r of Fort :'orth shall pay all of the remainder of the cost. of said improvements after deducting the amounts herein specified.to be paid by the abutt- ing properties and- the real and true owners thereof as set out in subsection A. The amounts parable by the abutting properties and the real and true owners thereof shall be assessed apainst such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liabilit-r of the real and true owners thereof, and shall be parable as follows, to-wit: .dhen the improvements are completed and accepted by the (sty on a particular unit, the suns assessed against property abutting upon such completed and accepted unit shall be and become payable in fi-,re (5) equal installments, due respectivel-r on or before thirty (30) dairs, and one (1), two (2), three (3), and four (4) :rears from the date of si.inh completion and acceptance, and the assessments against the property abutt- ing upon the remaining units shall be and become due and payable in such installments 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 NO per cant per annwm, 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 pair any and all of such installment at< any time before maturity by payi-ng principal with interest accrued to the date of payment, and further provided if default be made in the pa-..,ment of arrr installment promptly as the same matures, then at the option of the ,Cit- of Fort "orth 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 apainst 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 parti- cular property abuts, as ascertained at the hearing provided by the law in force in-the City, nor shall any assessment be made in anir case until after -notice of hearing as provided by law. Said assessments against the respeotive 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 Fart ''orth, PROVIDED, however, that acting through its duly authorized Director of Public "orks, the Jit-r of Fort `orth'retaining the right to authorize payment of the stuns assessed apainst abuttinr, property upon such completed and accepted unit in not more than forty-eight equal regular monthl.r installments of not less than $9.00 each, the- first of such installments to become due and parable not more than 30 days after the completion and acceptance b7r 'the City of the particular unit, PROVIDED FLIRT?L2, that the City Attorney is hereby empowered to authorize pa-.nnents of said sums in lesser installments andlor over a longer period of time in cases in which the Director of Public ?orks has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVID:3D FURZTER, that such method of pa-rments shall be authorized only in instances where the owner or owners of property-abuttine upon such completed and accepted 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 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. t a 1� The assessments against the respective lots and parcels cf property and the owners thereof shall be evidenced by certificates of special assessment,, which shall be executed in the name of the City bj 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 substantially 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 1tiorth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneyvs 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 des- cribing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assess- ment,for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly the words above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals, perti- nent thereto. VI. Bids having been advertised for as required by Article 110-b of the revised Civil Statutes of Texas, and the bid of S.H.O. Asphalt, Inc. 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 S.H.O. Asphalt, Iae. , at and for the prices stated in the Proposal of said company and as reported and recommen- ded by the Public :,Torks Department, which said report and recommendation is on file with the City, the City Manager, and City Secretary are hereby directed to execute the said contract in the name of the City of Fort _Forth, 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 by the City of Fort '.dorth, 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 accord- ance 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 Vernon►s' Texas Civil Statutes, which law has been adopted as an amendment 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. • 1 - t i 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. X11. 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 shown as Article 1220a of Vernon's Texas Civil Statutes. XII I. 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 4 ZA, DAY OF APPROVED AS TO FORM AND L&GALITY: City Attorney