HomeMy WebLinkAboutOrdinance 3662 ORDINANCE NO. tf4,L Fi
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 MONTGOMERY STREET
FROM THE NORTHERLY LINE OF WEST VICKERY
BOULEVARD TO THE SOUTHERLY LINE OF WEST LANCASTER
STREET, SAVE AND EXCEPT THE FREEWAY CONSTRUCTION
BETWEEN THE APPROXIMATELY SOUTHERLY LINE OF
WEST ROSEDALE STREET AND THE APPROXIMATELY
SOUTHERLY LINE OF CALMONT AVENUE, IN THE CITY
OF FORT WORTH, TEXAS, AND VARIOUS OTHER MATTERS
RELATING THERETO; DETERMINING THAT A PORTION OF
SAID COSTS SHALL BE PAID BY THE CITY OF FORT
WORTH; DETERMIN09THE NECESSITY OF LEVYING AN
ASSESSMENT AGAINST ABUTTING PROPERTY AND THE
REAL AND TRUE OWNERS THEREOF FOR A PORTION OF
SAID COSTS; DETERMINING THAT A PORTION OF SAID
COSTS SHALL BE ASSESSED AGAINST ABUTTING PROPERTY
AND THE REAL AND TRUE OWNERS THEREOF; DETERMINING
AND FIXING 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 SETTING A HEA94NG
AT /D; o D O'CLOCK, , M. , ON THE l d— DAY
OF , 1957, IN THE CITY COUNCIL CHAMBER
IN THE C TY HALL IN THE CITY OF FORT WORTH, TEXAS,
AS THE TINE AND PLACE FOR A HEARING OF THE REAL
AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND
ALL OTHERS INTERESTED IN SAID PROCEEDINGS AND
CONTRACT, CONCERNING SAID ASSESSMENTS PROCEEDINGS
AND IMPROVEMENTS- AND DIRECTING THE HTY SECRETARY
OF THE CITY OF FORT WORTH, TEXAS, TO GIVE NOTICE
OF SAID HEARING AS REQUIRED BY LAW.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION l :
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 Ju_fSt' 2D, A. D. 19,Us determined
the necessity for, and ordered, the improvement
of portions of Montgomery Street within the
limits hereinafter defined, in the City of Fort
Worth, Texas, in the manner and according to the
Plans and Specifications therefor, which plans
and specifications have been heretofore approved
and adopted by said City Council, said street,
and the portions thereof so ordered improved
being as follows, to-wit:
1.
Montgomery Street from the northerly line
of West Vickery Boulevard to the southerly
line of West Lancaster Street, save and
except the Freeway construction between the
approximately southerly line of West Rosedale
Street and the approximately southerly line
of Calmont Avenue, in the City of Fort Worth,
Texas.
(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, 9xas, in whir said city is stivated,
on the �, day of o , A. D. 1gS5 ; and
duly recorded in Vchme IZZ Pa e O ,
of the Mortgage Records of Tarrant runty, 'texas.
(c) That after advertising for bids for the
construction 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 Construction Company was accepted
and contract duly awarded to said Worth Construction
Company for the construction of said improvements,
by Ordinance duly enacted on Fef>rva -� A.D. 19�3,
which contract is dated Fcbrudcl Zo;i95? , 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 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
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 improvements,
2.
q
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
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 amounts and estimates of the
respective items of costs of said improvements as above described
on said street are as follows, to-wit:
Montgomery Street from the northerly line
of West Vickery Boulevard to the southerly
line of West Lancaster Street, save and
except the Freeway construction between the
approximately southerly line of West Rosedale
Street and the approximately southerly line
of Calmont Avenue, 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
/. 7S 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 8.25
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 $ /0-0C). 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 $1¢1102•SS
The estimated total cost of all the improvements
Is the amount of zo$,QQ{.c7s
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
3.
z
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, Chap. 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 XXIII, 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 respective property
and not exceeding nine-tenths (9/10ths) of
the estimated cost of the remainder of such
improvements; 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 improvements on such portion of
said street, exclusive of the cost of curbs and
gutters thereon in front of their respective
property, said costs being ar the rate of, and
in the amounts, as hereinabove set out in
Section 2 hereof.
Said 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 against such abutting property, and
the real and true owners thereof, in excess 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
application 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 respective 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
Legislature of the state of Texas, First Called
Session, Chap. 106, as hereinabove identified.
4.
i
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 installment in a like amount in one (1) ,
two (2) , three (3), and four (4) years from and
after such acceptance, respatively,together with
interest thereon from said date of acceptance at
the rate of six per cent (6%) 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 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 inSection 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, claiming, 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 real and true
owners thereof, and as to the special benefits, if any, to said
property to be received from said (tents, or concerning any
error, invalidity, irregularity or deft inecy 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 Worth, Texas, in the City Council
Chamber in the City Hall of the City of Fort Worth, Texas, at o; o O
o 1 clock, t4, , on the th day of TU;- A. D. 19-5-7, at
which time and place all persons, 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
5•
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 protests 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 newspaper before 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 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
$eyised 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 which assessment against
said abutting property shall be a first and prior lien upon said
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
6.
invalidate any assessment, or certificates issues 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 6•
This ORDINANCE shall take effect and be in full force from
and after its passage.
PASSED AND APPROVED, this the ��t day of U A/ ` , A.D. 19_2�2.
MAYOR OF THE CITY -0"- ORT WORTH, TEXAS
ATTEST:
CITY SECRETARY
APPROVED AS TO FORE:
's �- _
C I''TY AT'TOR
r