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HomeMy WebLinkAboutOrdinance 4232 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. ORDINANCE NO. Z AN ORDINANCE ACCEPTING THE STREET IMPROVEMENTS TO CERTAIN STREETS AND AVENUES OR PORTIONS THEREOF, HEREIN DESCRIBED AND WITHIN THE LIMITS HEREIN DEFINED AS HAVING BEEN COMPLETED UNDER THE TERMS OF THE CONTRACT BETWEEN THE CITY OF FORT WORTH AND LEWIS AND LEWIS, DATED MARCH 27, 1959; APPROVING THE CERTIFICATE OF COMPLETION AND THE FINAL STATEMENT OF THE CITY ENGINEER (PUBLIC WORKS DIRECTOR) AS TO THE IMPROVEMENT UNITS IN WHICH SUCH IMPROVEMENTS HAVE BEEN COMPLETED; PROVIDING THAT ASSIGN- ABLE CERTIFICATES OF SPECIAL ASSESSMENT SHALL BE ISSUED TO FIRST OF TEXAS CORPORATION, ASSIGNEE OF CONTRACTOR; PROVIDING THAT SUCH ASSESSMENT CERTIFICATES SHALL BE DATED AS OF THE DATE OF THIS ORDINANCE; SETTING OUT CERTAIN PROVISIONS TO BE CONTAINED IN SUCH CERTIFICATES OF SPECIAL ASSESSMENT, THE TIME AND MANNER OF PAYMENT, THE MANNER IN WHICH SUCH CERTIFICATES SHALL BE NUMBERED, THE NAMES OF THE PROPERTY OWNERS, THE DESCRIPTION OF THEIR PROPERTIES TO BE SHOWN THEREON, AND THE PRINCIPAL AMOUNT OF SAID CERTIFICATES; MAKING PROVISIONS RELATING TO THE PAYMENT OF CERTAIN MONIES IN CONNECTION WITH THE COMPLETION OF THE IMPROVEMENTS IN THE UNITS WHICH ARE HEREBY ACCEPTED; AMENDING AN ORDINANCE PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH ON JUNE 26, 1959, LEVYING ASSESSMENTS FOR CERTAIN STREET IMPROVEMENTS CONSTRUCTED IN THE IMPROVEMENT UNITS HEREIN DESCRIBED IN ORDER TO CORRECT CERTAIN ERRORS THEREIN CONTAINED; RATIFYING SUCH ORDINANCE OF JUNE 26, 1959, AS AMENDED HEREIN; PROVIDING THAT THE INVALIDITY OF ANY PART HEREOF SHALL NOT INVALIDATE THE OTHER; ABANDONING THE STREET IMPROVEMENTS TO CERTAIN PORTIONS OF UNIT 5; RELEASING AS TO THE PROPERTIES ABUTTING HEMSELL STREET IN THE ABANDONED PORTION OF UNIT 5 THE PERSONAL LIABILITIES CREATED AND LIENS FIXED BY THE ENACTMENT OF ORDINANCES PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, AND BY SUBSEQUENT PROCEEDINGS OF THE CITY COUNCIL OF . SAID CITY; MAKING OTHER FINDINGS AND ADOPTING OTHER PROVISIONS PERTINENT TO THE SUBJECT;AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. WHEREAS, by ordinances duly passed, adopted and enacted by the City Council of the City of Fort Worth, Texas, numbered 3997 to 4002, inclusive, 4004 to 4008, inclusive, 3811 to 3814, inclusive, 4010 to 4015, inclusive, and 4031 to 4039, inclusive, as amended by ordinances numbered 4098 to 4102, inclusive, the City Council of said City ordered the improvement, in the manner therein designated, of certain streets and avenues or portions thereof of said City, dividing said streets or avenues or portions thereof to be improved into separate and distinct improvement units by ordinance numbered 411.4, and in such ordinances invoked the powers of and the procedure provided by and adopted the provisions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, as amended, which is known as Article 1105b of the Revised Civil Statutes of Texan, 1925, as amended; and WHEREAS, notices of the enactment of said ordinances, signed in the name of the City of Fort Worth by its Mayor, were filed with the County Clerk of Tarrant County, Texas, and recorded in the Deed of Trust Records of *aid County in Volume 1391, pages 570 to 573, Volume 1435, pages 434 to 450; Volume 1441, pages 625 to 631 and pages 633 to 637; and notice of the enactment of said amendatory ordinances, signed in the name of the City of Fort Worth by its Mayor, was filed with the County Clerk of Tarrant County, Texas, and recorded in Volume 1461, page 472, of the Deed of Trust Records of said County; and WHEREAS, a contract dated March 27, 1959, was duly entered into between LEWIS AND LEWIS and the CITY OF FORT WORTH, acting through its City Manager and attested by its City Secretary, for the construction of such street improvements in accordance with the plans and specifications prepared by the City Engineer (Public Works Director); and WHEREAS, a contract dated March 27, 1959, was duly entered into between FIRST OF TEXAS CORPORATION and the CITY OF FORT WORTH, acting through its City Manager and attested by its City' Secretary, for fiscal agency services in connection with the proposed street improvements; and WHEREAS, by ordinance duly passed and enacted by the City Council of the City of Fort Worth on the 26th day of June, 1959, the actions of the City Manager in executing the aforesaid contracts and the City Secretary in attesting the same were approved and said contracts were ratified and the 100% Performance Bond submitted by LEWIS AND LEWIS in the sum of $290,744.75 was accepted and approved; and WHEREAS, the City Council of the City of Fort Worth has appropriated sufficient monies from unappropriated monies in the Street Improvement Fund for satisfying the maximum amounts which it has estimated will become due to LEWIS AND LEWIS and FIRST OF TEXAS CORPORATION, under their respective contracts, out of the City's share of the cost of such improvements; and WHEREAS, the City Engineer (Public Works Director) prepared a written statement, report and estimate of the cost of the street improvements to be made in the units referred to herein, which state- ment, report and estimate were approved and adopted by ordinance duly passed and approved by the City Council of the City of Fort Worth on June 12, 1959; and WHEREAS, thereafter by ordinance duly passed and approved by the City Council of said City on June 26, 1959, after due notice and hearing as required by law, said City Council levied assessments for such street improvements against the properties abutting on certain streets and avenues or portions thereof of the City of Fort Worth, within the limits therein defined, and against the owners thereof, including the properties hereinafter listed and the owners hereinafter named, and the true owners of said properties, whether hereinafter correctly named or not; and WHEREAS, such improvements to the hereinafter described streets and avenues or portions thereof in the hereinafter listed improvement units have been duly completed in accordance with the terms of- the contract between the City of Fort Worth and Lewis and Lewis, dated March 27, 1959; and WHEREAS, the City Engineer (Public Works Director) has issued his certificate of completion as to such units of improvement; and WHEREAS, the City Engineer (Public Works Director) has made final measurements and has prepared and furnished his final statement of the value of all street improvements so completed in the herein- after listed improvement units, which has been approved by the City Manager and the Director of Finance; and WHEREAS,'the Contractor has furnished satisfactory evi- dence that all persons furnishing labor and/or materials have been paid in full and all persons claiming damages to property and per- sons have been settled with or their claims dismissed or the issue joined; and WHEREAS, it now appears that the street improvements to the streets and avenues or portions thereof to be improved in the following listed improvement units have been fully completed in ac- cordance with the terms of the aforementioned contract between the City of Fort Worth and said Contractor, to-wit: Units 1, 2, 3, 4, 5, , 10 and 11; and WHEREAS, it further appears that said Contractor has executed an assignment of all of its rights, title and interest in the obligations created by the assessment proceedings and in the assessments levied against the properties abutting the streets or avenues situated within the above described units of improvement, and against the owners of such properties, to First of Texas Cor- poration, and has authorized the City of Fort Worth to issue as- signable certificates of special assessment, evidencing the assess- ments levied against such properties and the owners thereof; and WHEREAS, it appears that in certain instances the owners of abutting properties have paid in full the assessments levied against them and their properties situated in the above referred to improvement units and that the assessments against such owners and against their properties should be cancelled; and WHEREAS, it further appears that due to mistakes in said ordinance of June 26, 1959, in certain instances an incorrect amount was assessed, and in certain other instances it has been discovered that the correct owner of a piece of abutting property was not named in the assessment ordinance and that in certain other instances, errors were made in the description of the property being assessed, all as hereinafter set out; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: Section 1 The certificate of completion issued by the City Engineer (Public Works Director) covering the following listed improvement units is hereby adopted, and the street improvements on the streets and avenues or portions thereof situated in such improvement units are hereby accepted by the City Council of the City of Fort Worth, Texas, and by the City of Fort Worth, Texas, as completed under the terms, provisions and stipulations contained in the contractual documents entered into between the City of Fort Worth and the Con- tractor, dated March 27, 1959, and all decisions of the City Engin- eer (Public Works Director) in charge of the construction of the improvements in said improvement units are hereby ratified, and all changes in the plans and methods of making such improvements which have been approved by the City Engineer are also ratified, it being hereby determined that no changes have been made since the date of the giving of the statutory notice of the property owners' hearing which substantially affect the nature or the quality of the improve- ments; said improvement units above referred to being as follows: UNIT STREET OR AVENUE FROM TO 1 Ramona Drive Northerly line of Southerly line of US Highway No. 80 Slocum Avenue UNIT STREET OR AVENUE FROM TO 2 Ramona Drive Northerly line of Southerly line of Ruby Place US Highway No. 80 3 Olive Place Northerly line of Southerly line of Locke Avenue Malvey Street 4 Olive Place Southerly line of Southerly line of Malvey Street Calmont Avenue 5 Hemsell Place Westerly line of Westerly line of Olive Place Sappington Place 8 Fuller Street Easterly line of Westerly line of James Street Ryan Avenue 10 West Shaw Street Easterly line of Westerly line of Cleburne Road Frazier Avenue 11 West Shaw Street Westerly line of Westerly line of Frazier Avenue Townsend Drive Section 2 Section 3 of the aforementioned ordinance of the City of Fort Worth, passed and adopted by the City Council on June 26, 1959, is amended so as to delete therefrom the following described proper- ties in the following improvement units for the reason that the assessments against such properties and the owners thereof have been paid in full, and such assessments are hereby cancelled: UNIT PROPERTY OWNER ADDITION LOT BLOCK FRONTAGE ASSESSMENT 1 M. Elton Parks Alta Mere 12 18 60.5' $332.75 1 M. Elton Parks Alta Mere 11 18 60.5' 332.75 Section 3 Because of the fact that the names of the owners have been determined to be incorrectly recited as to some of the properties and because in other instances the properties assessed were incor- rectly described in Section 3 of the aforementioned ordinance of the City of Fort Worth, passed and adopted by the City Council on June 26, 1959, said Section 3 is hereby amended so as to correctly reflect the true and correct names of the owners of the hereinafter described properties, as shown below, and so as to correctly describe, as shown below, the hereinafter described properties, and such ordinance shall hereafter read as follows in those cases in which corrections are made as to the properties and/or the owners thereof listed under the im- provement units below, instead of as such owners' names appear and such properties are described in said Section 3 of the aforementioned ordinance of June 26, 1959: Section 4 Assignable certificates of special assessment as herein- after set forth shall be issued in the name of the City of Fort Worth, and be made payable to FIRST OF TEXAS CORPORATION, the assignee of LEWIS AND LEWIS, which said certificates shall be de- livered over to FIRST OF TEXAS CORPORATION pursuant to and in ac- cordance with the provisions of Article 11B-5 of the Special Pro- visions of the contractual documents on the payment date hereafter fixed. The 3= day of A,6 r uAr y , 1960, is hereby fixed as the payment a e for the improvement units above designated, at which time the procedure prescribed by the provisions of Article 11B-5 of the Special Provisions of the contractual documents shall be followed in substance. All cash or escrowed payments which are on deposit at the FIRST NATIONAL BANK OF FORT WORTH, TEXAS which have been deposited by or on behalf of owners of properties shall be delivered over forthwith to FIRST OF TEXAS CORPORATION, . the Fiscal Agent of the City, and the City Manager is hereby authorized and instructed to join the Fiscal Agent in instructing such Bank to so release such funds. Section 5 Each of the assessment certificates which is hereby auth- orized to be issued shall have five (5) coupons, which shall bear the facsimile signature of the Mayor and the City Secretary of the City of Fort Worth, and in other respects shall be in a form con- sistent with these proceedings. Any such facsimile signatures may be either lithographed or printed. Section 6 Each certificate shall contain an adequate description of the respective parcel of property assessed, together with the desig- nation of the owner or apparent owner, if known, and shall set forth and evidence the personal liability of the real and true owner or owners of such property, whether correctly named therein or not, and each such certificate shall set forth and evidence the lien on the respective property described therein, and shall evidence the fact that said lien is a first and paramount lien thereon, superior to all other liens and claims except for valid State, County, School District and City ad valorem taxes. Section 7 Each certificate issued under the authority of this ordin- ance shall be dated as of the date of this ordinance and shall re- cite in substance that the improvements abutting the property therein described and in the unit in which said street or avenue or portion thereof abutted by such property lies, have been completed in full compliance with the contract entered into between the Con- tractor and the City of Fort Worth, and .that said improvements have been accepted by the City of Fort Worth on the date of said certifi- cate. Each certificate shall provide for acceleration of maturity at the option of any holder thereof upon default in payment of any installment of principal or interest and shall provide the terms of payment and the interest rate as below set out; shall provide for reasonable attorneys' fees and collection costs, if incurred, and shall contain such other terms and provisions as are customarily contained in special assessment certificates issued under the provi- sions of the Acts of the 40th Legislature, First Called Session of the State of Texas, Page 489, Chapter 106, as amended, commonly known and referred to as Article 1105b, Revised Civil Statutes of Texas, 1925, as amended. No error or mistake in describing any property, or in giving the name of any owner or owners shall in anywise invalidate or impair the assessments or any of them or any certificate issued in evidence thereof. Section 8 Each of said certificates shall be payable in five (5) equal (or as nearly equal as possible) installments, as follows. The first of said installments shall be due and payable on or be- fore twenty (20) days from the date the improvements have been accepted by this ordinance and the date of said certificates, and the four (4) remaining installments shall be due and payable on or before one (1), two (2), three (3) and four (4) years, respec- tively, from the date of this ordinance and of said certificates, together with interest on the unpaid principal balance at the rate of six (6%) per cent per annum from date of said certificates and this ordinance until paid, interest being payable at the time the principal installments become due, as above set out (or at the time of payment of such installments in the event of prepayment). Past due principal and interest shall bear interest at the rate of eight (8%) per cent per annum. Section 9 Each certificate shall in substance provide, among other things: "That all the proceedings with reference to making such improvements have been regularly had in compliance with the law and that all prerequisites to the fixing of the assessment lien against the above described property and the personal liability of the owner or owners thereof have been performed, and this certificate shall be prima facie evidence of the matters herein recited, and no further proof thereof shall be required. "That the sums of money evidenced hereby shall be payable to the owner or owners of this certificate at the office of the City Assessor and Collector in Fort Worth, Tarrant County, Texas; provided, however, that if the place of payment has been varied by written agreement between the Contractor, or the legal holder of this certificate and the Owners of the above prop- erty, then the provisions of such agreement shall con- trol. "That by the provisions of the proceedings of the City Council of the City of Fort Worth and the law in force under which said proceedings were had, upon default in the payment of any installment of principal or interest hereon when due and/or at maturity of this certificate, however same may occur, the assessment lien against the property herein described and the personal liability and charge of the real and true owner or owners thereof (whether correctly named herein or not) may be enforced in accordance with the provisions of this certificate in any court having jurisdiction, or at the option of the legal holder hereof, by sale of said property in the same manner as may be provided by law in force in said City for the sale of property for collection of ad valorem taxes. The City of Fort Worth does not guaran- tee collection of the assessment evidenced hereby; how- ever, said City will exercise and exhaust all of its lawful powers in enforcing collection of said assess- ment. "That said assessment was levied pursuant to ordinances of the City of Fort Worth, Texas, as amended, determin- ing the necessity for and ordering the improvement of certain streets and avenues or portions thereof of said City, and upon procedure had and pursued in conformity with the laws of the State of Texas; notices of the enactment of said ordinances being recorded in the Deed of Trust Records of Tarrant County, Texas, in Volume 1391, pa gges 570 to 573; Volume 1435, Pages 434 to 450; Volume 1441, pages 625 to 631 and pages 633 to 637; and notice of the enactment of said amendatory ordinances being of record in the Deed of Trust Records of said County, in Volume 1461, page 472." Section 10 Said certificates shall be numbered as hereinafter set out, and shall be in the respective principal amounts hereinafter set out: 4 M Section 11 All the terms and provisions of the ordinance passed and enacted by the City Council of the City of Fort Worth on June 26, 1959, with reference to street improvements, as herein amended, are hereby ratified and confirmed. Section 12 The improvements to the following described portion of Unit 5, ordered improved by the ordinance passed and approved by the City Council of the City of Fort Worth previously, as such unit is designated in such ordinance, are hereby ordered abandoned, and the personal liabilities created against the owners of the properties abutting the street or avenue in the hereinafter listed improvement unit, and the liens fixed upon such abutting properties by the enactment of the ordinance of June 26, 1959, above referred to, and by subsequent proceedings of the City Council of the City of Fort Worth, are hereby released, to-wit: That portion of Unit 5 (Hemsell Street) abutting Lots 6-K and 6-J, Block 14, 2-Boaz Coun- try Place Addition. Section 13 The City Secretary is hereby authorized and instructed to prepare, execute and acknowledge a notice listing all properties the assessments against which have been cancelled by this ordinance by reason of the payment by the owners of the amounts assessed against them and such properties, and to file same of record with the County Clerk of Tarrant County, Texas. The City Secretary is further authorized and instructed to prepare, execute and acknowledge a notice listing the above described portion of Unit 5, the improvements to which have been by this ordin- ance abandoned, and releasing as to the properties abutting Hemsell Street in Unit 5 (the improvements to which have been by this ordin- ance abandoned) the personal liabilities created and liens fixed by the enactment of the aforementioned ordinances passed and enacted by the City Council of the City of Fort Worth, and to file same with the County Clerk of Tarrant County, Texas, for recording in the Deed of Trust Records of said County. Section 14 Should any section or sections or any part of any section or sections of this ordinance or of said ordinance of June 26, 1959, levying special assessments for street improvements, be held to be void and without force and effect for any reason whatsoever by any Court of competent ,jurisdiction, then neither the remaining portion of this ordinance nor of said ordinance of June 26, 1959, shall be thereby affected, but such remaining sections shall be and remain in full force and effect as though the void and unenforceable part thereof, if any, had not been incorporated in this ordinance or in said ordinance of June 26, 1959. Section 15 This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGALITY:Il 7,7_� T. 7 Ci'Ay AttorneIr WM TOTAL UNIT PROPERTY OWNER ADDITION LOT BLOCK FRONTAGE ASSESSMENT 1 Estate of E. R. Nelson Alta Mere 4 23 60.5' $ 332.75 1 Estate of E. R. Nelson Alta Mere 3 23 60.5' 332.75 1 Estate of J. T. N50' Bassham Alta Mere of15 31 50' 275.00 1 Alta Mere Baptist Church Alta Mere 18 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 19 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 20 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 21 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 22 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 23 22 60.5' 332.75 1 Alta Mere Baptist Church Alta Mere 24 22 60.5' 332.75 2 Estate of Oscar Highland Brown Homes 4 193.5' 1,240.56 2 Harold F. Dickson Highland Homes 17 8 61' 335.50 3 N. B. Thomason Myrtle B. Andrews 5A* 3 120' 526.00 * Subdivision of Lots 1, 2, 3, 4, 55 6, , 8, Block 3 of Myrtle B. Andrews Subdivision of 22.34 Acres of Hays Covington 4,000 acre Survey in Tarrant County, Texas - Plats approved 4-1-52, 4-28-53 5 J. G. VanLandingham 2-Boaz 5-R-6 Country Place 13 62' 255.44 8 Mrs. H. G. Leath Hubbard Highlands 19 28 50' 275.00 8 Debra Kelly Hubbard Highlands 15 28 50' 203.00 8 B. H. Hatchett Hubbard Highlands 13 28 50' 194.00 11 L. W. 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U 00 ri N N 1 N E E-+ ri ri ri ri 1 O H i4 Ew-1 P. v 0 1 �^0 R1 A O H H N N ( ca m m In 0 O ;AFri +' Ea 4-3W cd cd c0 N Ea ova � > a0 cn0 to cod �Q a� p p p N9 ; N p 1 13) ww � 00 0r N us CIS co p �' w m a) r-I 3.3 3[''l E m W vl m O4-1 Cd A z w CO I"a E1 H � W 3 3 ci d ¢FE PY H CW�-� O O pq Ht>~O A p wy �� t •' ' o L a f ,y S x1pi awl"s &a CITY OF FORT WORTH TEXAS OFFICIAL RECORD CiTY SECRETARY OFFICE OF THE CITY MANAGER Communication to Mayor and cil W January 15, 1960 Honorable Mayor and Members of the City Council Re: Paving of various streets City of Fort Worth at 30 locations, Project No. 94-84-3 (AP 59 16) Mrs. McKnight and Gentlemen: The Public Works Director reports that the paving provided for in Units I , 2, 3, 4, 5, 8, 10, and II in this project have been completed in accordance with the Plans and Specifications, and it is recommended that the ordinance accepting the improvements be adopted. Respectfully submi ted, i LPC:ih Cookingha City Manager CITY OF FORT WORTH, TEXAS TIM StIBJECT RESENTEDTTLR OF TO THE CITY WAS P COUNCIL WA J AND WAS ❑ 't F,07ZD ity Secretary