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HomeMy WebLinkAboutOrdinance 4534 OFFICIAL RECORD ORDINANCE NO. �� ✓ CITY SECRETARY AN ORDINANCE DETERJVJNING THE NECESSITY FOR AND ORDERING AND FT. WORTH, 7[A. PROVIDING FOR THE IMPROVE4ENT OF A PORTION OF ELLIS AVENUE ` AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO WORTH CONSTRUCTION COMPANY, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS 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 EVIDENCE 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 IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGIS- LATURE 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 SA4E IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AS 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 THEREFORE: 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-wit: 1. Ellis Avenue: From the northerly line of 20th Street to the southerly line of 23rd Street, known and designated as Unit No. I. 2. Ellis Avenue: From the northerly line of 25th Street td the southerly line of 28th Street, known and designated as Unit No. II. 3. Twenty-Sixth Street: From the easterly line of Clinton Avenue to the westerly line of North Main Street, known and designated as Unit No. 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 the following, to-wit: 1. Ellis Avenue, Unit No. I: 62" reinforced concrete base with 12- Hot-Mix Asphaltic Concrete Surface on a 56-foot roadway width. - -1- 2. Ellis Avenue, Unit No. II: 7" reinforced concrete on a 60-foot roadway width. 3. Twenty-Sixth Street, 7" reinforced concrete on 40-foot Unit No. III: and 48-foot roadway widths. 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 incidentals and appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications, therefore. IV. The cost of said improvements as herein defined shall be paid for 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 pay all of the costs of curbs and Cutters in front of their property and not exceeding none-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 improvements 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 constitute 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-wit: When 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 five (5) equal installments, due respectively on or before thirty (30) 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 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 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, providing 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 Worth or its assigns, the entire amount of the assessment upon which such default is made shall 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 Worth, 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 installments 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 City Attorney is hereby empowered to authorize payments of said sums in lesser install- ments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances 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 forms tupplied by the City granting a mechanic'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. -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 parable, 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 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 Worth, or its assigns, the entire amount of the assessment shall be and become immediately 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 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 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 provided 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 Worth Construction Company, having been found to be the lowest and best bid for the making and construction of said improvements, the contract therefor is hereby awarded to Worth Construction Company at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works Departm-ent, 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 revenues 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's Texas Civil Statutes, which law has been adopted as an amend- ment 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. -3- Each unit abovc nescribed 0all On and constitute a separate an indcyEnQnt unit of improvament and the assessmonts he-ein provided for shall be naZe for the improve- ments in each unit accc&i2g lc tna cost of the L,rovs,znts in the unit aN according to the benefits arising fro7 the improvonents in any other unit. X. In making assessments, if the name of the owner be unknown, it shall W sufficient to so state the fact, ans if any property be onn& by an estate or by any firm or corpwrotion, 4 shall be sufficient to so state, and it shQI not he necessary to give M correct naic of tn. o�..i, &t tnz r.,_ true own2rs of the prop2ity nentionec; shall n: liable z5b the assecaAwnts ajoinst the property shall bw v.lit. XI. The wiructor of Public w7ns of the City of Fort -orth, Texas, be and he is hereby, ordered and airactad to file with 2e City Council, estimates of the cost of such improv2n,ents in each unit, in Dccord,nca 4th tiz WrTs of 0a pa=rs ans provisions of the Charter of De City of Fort _nrth, Texas. XII. The City SecrUary is diractcd to prepare, sign aW file &Z tne Qunty Clark of Tarrant County, Texas, a notice in accortance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislature of the State of Texas and sh=m as Waptar 21 of the Acts of Saij Session of the Legislature, said Act having been passed in the y. ar 100, and non wuny shw%m as Arzicle 1220a of Vernon's Texas Civil Statutes. XIII. The City Secrztnry is hi _uby QrDct2d to oqqrcss a7_ onroll this Winance by CC;7inj to CDP20A cf sa. w i . whe LRUK Not of &Z City ccu .&! aN by filing the complyLe orcin.= in the appropriate Lr6inance decords of ,:his City. XIV. This ordinanco shall Wks effect and be in full Versa and effect frao and aftsr the We of its passage. PASSED A'.::,) OP��LVED TLIS day of e';e 196 APPALVED AS TL FCRK WD LEGALITY: City Attorney -4- TH OF FORT OR `TEXAS Aoe,. ! Ir AGER 1�• -t" z a ,.,sfn l� [.. PW1- 572- October t3, 1961 WFU CORD MY SECOTARY FT. WH Ux • Homrab le "or and iw ers of the Clty CouncII Res Asse5=ent Rewl C 1 ty of Fort Worth M l de n 1 ng mn d Pev i n+g rr 1 11 s Averme and 76th Street, Untts 1 , 2 and 3 (AP-6R-45} f - 1-7, CIp A- 10� Mrs. McKnight and Gent 1 emA l In accordance w1 th 1961 Cap I to I lWovwAnt Progrm, it Is tec nded the following ordtnances be adaptedi 1 . An ordITrance declaring the necessity for and ordering the payling oo are assessment balls of, S tr*O N ears Limits Ellis Avenue 20th Street to 23r4 Street Ellis Avenue 25th Street to 7Sth Street Twenty-Sixth Strvot C l l nton Avenue to North Main and roking provlslon for the fevying of assessments; directing tho Public forks Department to prepare esthetes of cost, and ewrarding . the contract to Worth Construction Company on Its 1;; bud at $ 1 ,735. 18. The fa i t v++i n g is a tabu i at 1 on of bids that hwe been recelved for construetioot of this project. B i d or El I d U11atat J Worth matructlon Co. 1160,735. 18 Texas STtulithlc Company 164,282.84 lade Construction Co, 204,343.70 ondo 2. An ordinance approving thQ estIrvreteu of cost and amounts proposed to be assessed and setting Nnyv fiber 3, 1961 . as the de+te for tho benefit hearing. ` Respecttu I l y submi ttiod, LPCilh C ' Clty Manager