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HomeMy WebLinkAboutOrdinance 4901 Q 7 ORDINANC7 NO.-d9,o_L OFFICIAL RECORD AN ORDINANCE DE EELMI STING THE '�I3CE3sITY FOs AND ORD iI CITY SECRETARY AND PROVIDING FOR THE II PROVW-'NT OF A PORTION OF WABASH AVENUA AND SEL',Iljtl' Y DRI'gE A FT, WORTH, TEX, PORTIONS OF 3UNDRY OTI?M STR��ETS, AVP?.U?1;3 A70 Pf13LIC PLACES IN THE CITY OF FORT :a)ORTH, TEXA3; LETTING CONTRACT TO GLADE N4TR1jCTT0N GaMpAry FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEICNTS AND AUTHCRIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEXNrS3 TH-12MY INCURRED; MAKING PROVI- 3IONS FOR THE LEVYING OF ASS.-�SSIfEITS AGAINSST ABUTTING Pi2OPEaTIES AND THE. 0:1NER3 TPER.i F F02 A PART OF THE CO3T OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CLftTIFl- CATES IN EVID:NCE OF SUCH Aa3.o�S=T3; DIRECTING THE PUBLIC 0.iK3 DIRE TOR OF THE CITY TO PREPARE ESTIMATES;. DIRECTING THE CITY 3ECRETAR7 TO FILE A NOTICE, OF ADOPTION OF THIS ORDINANCE dITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT PHIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING 1^0 SAID STREET IMPROVEMiNT ARE AVID SHALL BE PUR3UANa TO THE ACT OF THE FIRST CALLED 3E3SION OF THE FORTIETH LEGIS- LATURE OF THE STATE OF TEU.3, CHAPTER 106, CO124ONLY K'404N A3 ARTICLE 1105b'OF.VERNON13 TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARf TO -NGRO33 'AND ENROLL THIS ORDINANCE BY COPYING THE. CAPTION OF 3AME 1N THE f•IlNUTE BOOK OF THE CITY COUNCIL AND BY FILING TiIE COPIPLETE, ORDINANCE IN THE APPROPRIATE ORDINANCE•RECORDS OF THI3 CITY; AND PROVIDING AN EFFECTIVE DATIL:. :1HERSAS, 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 City of Fort Jorth, Texas, 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, NO.i THER]TORE: BE IT ORDAINED BY THE CITY COUNCIL OF-THE CIT`!' OF FORT SORTH, TEXAS, THAT: 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. Wabash Avenue From Trail Lake Drive to Seminary Drive, known and designated as Unit No. 1. 2. Seminary Drive From Cherokee Trail to G. C. and S. F. Railroad, known and designated as Unit No. 2. 'Each of the above described portions of streets, avenues and public places.in the City of Fort °Torth, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, to-wit; 1. Wabash Avenue From Trail Lake Drive to Seminary Drive, known and designated as Unit No. 1, a two (2) inch Hot-Mix Asphalt Concrete Surface on ah eight (a) inch cement stabilized gravel base on a forty (40) foot roadway. 2. Seminary Drive From Cherokee Trail to the Gulf Colorado and Santa Fe Railroad, known and designated as Unit No. 2, a two (2)inch Hot-Mix Asphalt Concrete Surface on an eight (8) inch cement stabilized gravel base on a channel- ized sixty (60) foot roadway. . y The above, together with combined concrete curbs and gutters on proper grade and line where same are not already so constructed, together wiith 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 £or .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 pa-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 CitT 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- ina properties and- the real and true owners thereof as set out in subsection A. The amounts pa Table 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+r of the real and true owners thereof, and shall be parable as follows,, to-wit: vJhen the improvements are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted unit shall be and become payable in fire (5) equal installments, due respectivel« on or before thirty (30) da=rs, and one (1), two (2), three (3), and four (4) :Tears 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 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 (6p) 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 pair anv and all of such installment at any time before maturity by paving principal with interest accrued to the date of payment, and further provided if default be made in the pa?rment of an-r installment promptly as the same matures, then at the option of the Citr of Fort `Forth or its assigns, the entire amount of the assessment upon which such default is made shall he and become immediately due and parable; 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 valne 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 anzr 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 'it7r of Fort. "orth'retaining the right to authorize pa-rment of the sums assessed against abuttin- property upon such completed and accepted unit in not more than forty-eiptt equal regular monthl'r installments of not less than t9.00 each, the first of such installments to become due and pazrable not more than 30 days after the completion and acceptance b-r the City of the particular unit, PROVIDED FU3.TTUi, that the City Attorne-r is hereby empowered to authorize pairments of said stems in lesser installments and/or over a longer period of time in cases in which the Director of Public :7orks has previously deteimi ned that an extreme financial hardship upon the property owner will otherwise result- and PROVIDED FURTIM, that such method of pa:rments shall be authorized only in instances where the owner, or owners of propert=r abutting upon such completed and accepted unit shall have executed and delivered to the Citv of Fort "Torth a lawful, valid and binding note and mechanic's and materi.almants contract upon forms supplied by the City 7rantinf- a mecha_nic'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. 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 Citv b-! 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 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 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 anv 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 11'orth, or its assigns, the entire amount of the assessment shall be and become immediately due and payable, together with reasonable attorneyfs 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 thev 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 Glade Construction Company V . having been found to be the lowest and best bid for the makinr and construction of said improvements, the contract therefore is hereby awarded to Glade Construction Company , 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 hereb-r directed to execute the said contract in the name of the Citv 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 'forth, Texas, by said contract, there is hereby appropriated out of available funds and current revenuea of the City, an amount sufficient to pay said indebtedness so incurred. MI. 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 Vernonfs 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. X. In making assessments, if the name of the owner be unknown, it shall re sufficient to so state the fact, and if any property be owned by an estate or by any fJ,rm 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 'north, 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—. A101 DAX OF L A4-7-� ,19 APPROVED AS TO FORM AND LEGALITY: City Attorney