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HomeMy WebLinkAboutOrdinance 4501 ORDINANCE NO. � AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF LOCKE AVENUE AND PORTIONS OF SUN- DRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO GENERAL CONSTRUCTION COMPANY FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THERE- BY INCURRED; MAKING PROVISION FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVI- DENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY 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; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public Works Director for the City of Fort Worth, Texas, has prepared Plans and Specifications for the improvement of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper, NOW THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, 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 Worth, Texas, to-wits 1. Locke Avenues From the East line of Montgomery Street to the West line of DeGary Street, known and designated as Unit No. 1-A. Locke Avenue From the West line of DeGary Street to the West line of Spring Street, known and designated as Unit No. 1-B. 2. Lovell Avenue: From the East line of DeGary Street to the West line of Belasco Street, known and designated as Unit No. 2. 3. DeGary Street: From the North line of Locke Avenue to the South line of the South Service Road of the East-West Freeway, known and designated as Unit No. 3. 4. Belasco Streets From the North line of Locke Avenue to the South line of the South Service Road of the East-West Freeway, known and designated as Unit No. 4. 5. Spring Street: From the Northerly line of Vickery Blvd.(Granbury Road) to the South line of the South Service Road of the East-West Freeway, known and designated as Unit No. 5. III. Each of the above described portions of streets, avenues and public places in the City of Fort Worth, Texas, shall be improved by raising, grading and filling same and by constructing thereon as follows, to-Wit: Locke Avenue, Unit 1-At A lj' Hot-Mix Asphaltic Concrete Surface on * Hot-Mix Asphaltic Concrete Base on 10" Crushed Limestaone Base on a 30 foot roadway width; _ OFFICIAL RECORD -1 CITY SECRETARY FT. WORTH, TEX. Locke Avenue, Unit 1-B3 A 1-2" Hot-61ix Asphaltic Concrete Surface on 3�" Hot-Ulix Asphaltic Concrete Base on 10" Crushed Limestone Base on a 40 foot roadway width; Lovell Avenue, Unit 2t A lz" Hot-Mix Asphaltic Concrete Surface on 3z" Hot-Mlix Asphaltic Concrete Base on 10" Crushed Limestone Base on a 40 foot roadway width; DeGary Street, Unit 3t A 12" Hot-Mix Asphaltic Concrete Surface on 3-" Hot-Mix Asphaltic Concrete Base on 10" Crushed Limestone Base on a 40 foot roadway width; Belasco Street, Unit 41 A lz" Hot-Mix Asphaltic Concrete Surface on all Ho -Mix Asphaltic Concrete Base on 10" Crushed Limestone Base on a 36 foot roadway width; Spring Street, Unit 5t A lu-" hot-?:ix Asphaltic Concrete Surface on 3p" Hot-i';ix Asphaltic Concrete Base on 10" Crushed Limestone Base on a 40 foot roadway width. 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 inci- dentals and appurtenances; all of improvements to be constructed as and where shown on the amended Plans and Specifications, therefore. IV. The cost of said improvements as herein defined shall be paid for as follows, to-wits 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. B. The City of Fort Worth shall pay all of the remainder of the cost of said improve- ments after deducting the amounts herein specified to be paid by the abutting properties and the real and true owners thereof as set out in subsection A. The amounts payable 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 con- stitute a first and prior lien upon such properties and a personal liability of the real and true owners thereof, and shall be payable as follows, to-wits When the improvements are completed and accepted by the ';ity on a particular unit, the sums assessed against property abutting upon such completed and accepted unit shall be and be- come payable in five (5) equal installments, due respectively on or before twenty (20) days, one (1), two (2), three (3), and four (4) years from the date of such completion and acceptance, and the assessments against the property abutting upon the rem„aining units shall be and become due and payable in such installments after the date of completion and acceptance of such respec- tive unit. The entire aRiount 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 per cent (6,%) 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 pay any and all of such installment at any time before maturity by paying principal with interest accrued to the date of payment, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City of Fort Borth or its assigns, the entire amount of the assessment upon which such default is made si:all be and become immediately due and payable; 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 particular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall any assessment be made in any case until after notice and 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 'North, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight equal regular monthly installments of not less than $9.00 each, the first of such install- ments to become due and payable not more than 30 days after the completion and acceptance by the City of the particular unit, PROVIDED FURTHER, that the Director of Public Works shall authorize monthly payments as set out above only in installments where the owner or owners of property abutting upon such completed and accepted unit shall have executed and-delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forme supplied by the City granting a mechanic's lien upon and conveying the said abutting property it trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. �_� -2- V. 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 by 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 ;natters 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 iminediately 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 a 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 describing 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 exemp by law from the lien of special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals in exactly to word above pro- vided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised civil statutes of Texas, and the bid of General Construction Company having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefor is here- by awarded to General Construction Company at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works 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 Worth, 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 Worth, Texas, by said contract, there is hereby appropriated out of available funds and current reve- nues 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 assessments levied and all proceeding taken and had in accordance 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'! Texas Civil Statutes, which law has been adopted as an amendment to and made a part of the Charter of the City of Fort �iorth, Texas, and under which law these proceedings are taken and had. IX. Each unit above described shall be and constitute a seperate 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 the unit and according to the benefits arising from the improvements in any other unit. -3- 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 his 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 provision, of the Charter of the City of Fort li4orth, 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 being 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 v u 5 f 196 . APPROVED AS TO FORM AND LEGALITY: ";f f, 01P City Attorney -4-