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HomeMy WebLinkAboutOrdinance 2718 ORDINANCE NO. 7{ AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC ORK'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE TOTAL COST OF ALL THE IMPROVEMENTS, OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND OF VARIOUS OTHER COSTS FOR THE IMPROVING OF TENTH STREET, WITHIN THE LIMITS HEREINBELOW DEFINED, IN THE CITY OF FORT WORTH TEXAS AND OTHER MATTERS RELATING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS AND 1"ILL 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; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 9:30 O'CLOCK A.M. ON THE 19th DAY OF OCTOBER, 1949, IN THE CITY COUNCIL CHAMBER IN THE CITY HALL OF THE CITY OF FORT WORTH TEXAS, AS THE TIME AND PLACE FOR A HEARING OF TIi REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY, AND OF ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN SAID PROCEEDINGS AND CONTRACT, CONCERNING SAID ASSESSMENTS PROCEEDINGS AND IMPROVEMENTS; DIRECTING THE CITY SkRETARY OF THE CITY OF FORT WORTH, TEXAS, TO GIVE NOTICE OF SAID BEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. 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 November 24, 1948, determined the necessity for, and ordered, the improvement of portions of TENTH 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 heretofore been approved and adopted by said City Council, said street and the portions thereof so ordered improved being as follows: TENTH STREET, from the Easterly line of Penn Street to .the Westerly line of Cherry Street, save and except the Intersection of Henderson Street, in the City of Fort Worth, Texas. (b) That notice duly executed in the name of the City of Fort 'North, Texas, of the enactment of said above described Ordinance has heretofore been filed with the County Clerk of Tarrant County, Texas, in which said City is situated. (c) That after advertising for bids for the con- struction 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 secure bid of Brown & Root Inc. was accepted and contract duly awarded to said Brown & Root, Inc. for the construction of said improvements by Ordinance duly enacted on Sepptember 21, 1943, which contract is dated September 21, 1949; and (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the cost of such improvements on the portions of said street to be improved, and estimates of the amount per front foot proposed to be assessed against the prop- erty 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 a statement of other matters relat- ing 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 im- proved, 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, 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, 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: 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 $1.95 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 $7.65 per front foot; ^, -2- r A The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for said improvements is $9:.60 per front foot. The estimated amount of the costs of said improve- ments proposed to be assessed against the abutting property and the real and true owners thereof is � +Ita. The estimated amount of the costs of said improvements pro Dosed to be paid by the City of Fort Worth, Texas, is 5,,M.31. The estimated total cost of all of the improvements is the amount of 679,090.70. 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 a portion of the cost thereof shall be assessed against and paid by the property abutting said street, within the limits above defined, and the real and true owners thereof, in accordance with, and in the manner provided by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chapter 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 said street within the above limits, and the real and true owners thereof, shall pay for all the costs of the curbs and gutters in front of their respective property and not exceeding nine-tenths of the estimated costs of .the remainder of said improvements; provided, however, that in no event shall said remaining costs of said improvements which are to be paid for by and assessed against said abutting properties and the real and true owners thereof exceed nine-tenths of the estimated total costs of said improve- ments on said portion of said street, said costs being at the rate of, and in the amount, as hereinabove set out in Section 2 hereof. (b) 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 owner or owners thereof in eXcess of the special benefits resulting to such property by reason of the construction of said improve- ments. The costs which may be assessed against such abutting property, and.the real and true owners thereof -3- 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, providing further, that if it shall appear at the hearing on special benefits given to said owners as hereinafter provided for, that the applica- tion 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 Actz of the 40th Legislature of the State of Texas, First Called Session, Chapter 106, as hereinabove identified. (c) That the amount payable by the real and true owners of said abutting property shall be paid, and shall become payable, -in five (5) equal installments, one of which shall be due and payable in twenty (20) days after the completion of said improvements and the acceptance thereof by the City Council of the City of Fort Worth, Texas, and another installment in a like amount in one, two, three and four years from and after such acceptance, together with interest thereon from said date of acceptance at the rate of six per cent per annum, payable annually; but said property owners shall have the privilege of paying any and all installments before their maturity by paying principal and accrued interest to the date of said payment. (d) The City of Fort Worth, Texas shall pay all of the remainder of the costs of said improvements after deduct- ing the amounts hereinabove specified to be paid by the abutting property t and the real and true owners thereof, as set out above in sub-sections (a) , (b) and (c) ; said costs being in the amounts as hereinabove stated in Section 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 any property abutting upon said street, within the limits above defined, and to all others owning, claiming or interested in said property, or in any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property, and as to the special benefits, if any, to said property to be received from said improvements, or concerning any error, invalidity, irregularity or deficiency 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 9:30 o'clock A.M. , on the l9th day of October, 1949, at which 34- 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 proceed- ings, shall be notified to appear and to be heard in 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 'North, 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; said notice shall be published at least three times in said newspaper befor4 the date set for- the hearing, the first of which publications shall be at least ten days prior to the date of said hearing., and sucli 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 article 1105-b of the Revised 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 per- sonal liability and charge against the real and true owners thereof. In levying said assessments and special tax, 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 in- validate any assessment, special tax, or certificate issued in evidence thereof; but, nevertheless, the real and true owners of said abutting property shall be liable, and the assessment against said abutting -5- Droperty shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. This Ordinance shall take effect and be in full force from and after its passage. PASSED and APPROVED, this the 5h day of CI�dk-e� -, 191+9. Mayor of the City of Fort Worth, Texas. ATTEST: City Secretary APPROVED AS TO FORM: City Attorney -6-