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HomeMy WebLinkAboutOrdinance 4999 ORDINANCF NO.ZZ-713 AN ORDINANC3 DEXTERP1INING THE N3C 33ITY FOR AND GRDUUNG AND PROVIDING FOR THE It-iPR!O MIEENT OF A PORTION OF NZWK MOM AND PORTION3 OF 3U`iDRY OTHER STREETS, AVF,P1173 A`dD PUBLIC PLAC33 IN THE CITY OF FORT '1ORTH, TEXAS: LETTING CONTRACT TO M, f. BRITTAIR FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVIIAEINTS AND AUTHCRIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE IND:uBT-eDNES3 TFIMEBY I^lCURR-ET; MAKING PROVI- SIONS FOR. THE LEVYING OF ASS:331NS21TS AGAIN ABUTTING PROPERTIES AND THE. O,JNM THEREOF F03 A PART OF THE CO3T OF SUCH D1PROVEME1 AIVD TH;E ISSUANCE, OF A3SIG;7A E CidTIFI- CATES IN EVIDENCE OF SUCH ASSrESS:''=3; DIRECTING TIC, PUBLIC '':ORK3 DIRECTOR OF THE CITY TO PREPARE ESTIMATES;. DIRECTING THE CITY SBCRETARY TO FILE A NOTICE OF ADOPTION OF TEIS ORDINANCE .4ITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE, AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET DTROV11&NT ARE AND SHALL BE PUR3UANT TO THE ACT OF THE FIRST CALLED SE33I0N OF THE FORTIETH LEGIS- LATUr?w OF THE STATE OF TEXA3, CHAPTER 106, C012-iONLY KNOdN AS ARTICLE 1105b'OF.VERNOW3 TEXAS CIVIL STATUTES, AND DIRECTING THE, CITY SECRETARY TO ENGROSS AND MOLL THIS ORDINANCE BY COPYING THE CAPTION OF 3AIE 1N THE A.CLNUTE BOOK OF THE CITY COUNCIL AND BY FILING THE, COrU'LETE ORDINANCE, IN THE APPROPRIATE ORDINANCE-RECORDS OF THIS CITY; AND PROVIDING AN E'FFECTIVE.DAT71". 4HEREAS, the Public "orks Director for the City of Fort :forth, Texas; has prepared Plans and Specifications for the improvements of the hereinafter described portions of streets, avenues and public places in the Cit7 of Fort '•dorth, Texasj and same having been examined by the-City Council of the City, of Fort :forth, Texas, and found to be in all matters and things proper, N0:1 TH R]TORE: BE IT ORDAINED BY THE CITY COUNCIL OF-THE CITY OF FORT ;iORTH, 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 North, Texas, to-wit: 1. HAMMEq HIVE: From Craig Street to Brentwood Drive, known and designated as Unit No. 1. 2. BHERTMOOD DRM: From Handley Drive to East Loop IS-820, known and designated as Unit No. 2 Each of the above described portions of streets, avenues and public places in the Citv of Fort s+orth, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, t6—,At: 1. HANDLNY M1VZ: From Craig Street to Brentwood Drive, known and designated as Unit No. 1, 1j inch Hot-Mix Asphalt Concrete Surface on S inch Cement Stabilized Gravel Base on a 40 foot roadway. 2. BRENTWOOD IRIV3- From Handley Drive to Zest Loop I3-920, known and designated as Unit No. 2, 1* inch Hot-Mix Asphalt Concrete on S inch Cement Stabilized Gravel Base on a 60 foot roadway. The above, together with combined concrete curbs and gutters 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-tenths (9/10ths) of the estimated cost of the remainder. of such improvements. 3. The Cit-r of Fort -.orth shall pa;r 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 against such properties and the real and true owners thereof and shall constitute a first and prior lien upon such properties and a personal liabilit-7 of the real and true owners thereof, and shall be parable as follo'Ws, to-wit: zlhen the improvements are completed and accepted by the City on a particular unit, the nuns assessed against property abnttinc' upon such completed and accepted unit shall be and become payable in fire (5) equal installments, due respectively on or before thirty (30) darrs, and one (1), two (2), three (3), and four (4) ;rears from the date of such 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 rinit. The entire amount assessed against the particular parcels of propert- 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 (6 ) per cant per annum, 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 pav any and all of such installment at any time before maturity by payi-rig principal with interest accrued to the date of payment, and further provided if default be made in the pa,.rment of arrr installment promptly as the same matures, then at the option of the Mty 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 parrable; 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 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 an- case until after notice of 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 ''orth, PROVIDED, however, that acting through its duly authorized Director of Public "orks, the .,At7 of ?ort '-'orth retaining the right to authorize parrment of the nuns assessed against abuttin- property* upon such completed and accepted unit in not more than forty-eight egnal regular monthl- 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 b- the City of the particular unit, MOVIDED FURTHER, that the City Attorne•r is hereby empowered to authorize pa'.rments 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'sD FURTIM, that such method of pa:rments shall be authorized only in instances where the owner or owners of property abuttinP upon such completed and accepted unit shall have executed and delivered to the City of Fort "orth a lawful, rralid and binding note and mechanicfs and materialmants contract upon forms supplied by the City rrrantin� a mechanics lien uron and converging 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. r � 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 bit the Mayor of said Citv 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 o� 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 ;.corth, shall recite the terms and time of pa;mient, 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 :forth, 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 des- cribiniq 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 1105b of the revised Civil Statutes of Texas, and the bid of N. A. BRITTA33 , • 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 J1-L$. NUTT= , at and for the prices stated in the Proposal of said company and as reported and recommen- ded by the Public :forks 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 _'orth, 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 10f 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. r 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. 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 shown 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