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HomeMy WebLinkAboutOrdinance 4553 ORDINAidCE NO. AN ORDINIANCE DETERiv;INING THE NECESSITY FOR AND ORDERING AND PROVIDING FGR THE IMPRCVFmENT OF A PURTICN OF EAST BERRY STREET AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO TEXAS BITULITHIC COi=;PAPvY FOP: THE FAKING A+ID CONSTRUCTION OF SUCH Ii9:PRCVEi.,ENTS KiD AUTHORIZING ITS EXECUTION; 1,'AKI'i1G APPROPRIATIONS FOR THE PURPOSE OF PAYING THE IiDEBTEDNESS THEREBY I,iCLRRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESSi.:ENTS AGAINST ABUTTING PROPERTIES AND AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH Ib-,PRO'VEI'.":E.NITS k7D THE ISSUA`dCE OF ASSIGNABLE CERTIFICATES' IN EVIDENCE OF SUCH ASSESSi':!ENTS; DIRECTING THE CITY PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTII.ATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINAi:CE WITH TEE COUNTY CLERK OF TARRANT CCU1`dTY, TEXAS; DECLARII'JG T!AT THIS CRDINANZE AiVD ALL SUBSEQUEPIT PROCEED- INGS RELATIi G TO SAID STREET I;a;PROVEI.ZNT ARE AIZ SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, C01,:1,:UHLY K;:04JD AS ARTICLE 1105b OF VERP:Glv'S TEXAS CIVIL STATUTES; Ai\D DIRECTING THE CITY SECRETARY TO ENGROSS AND ENRGLL TiiIS CRDICdANCE BY CCPYIi;G THE CAPTIOi; OF SAi1_E IN THE `.1INUTE BCCK OF THE CITY COL],CIL APJD BY FILING THE CC1.:PLETE CiRDINANICE IN THE APPROPRIATE ORDINA:,CE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, ti7p P,a�l-c ..or:. 'ir::ctor `oa Cit'. of For" :;orth, Texas, has pr r.are:i Plans and Si cc f'_c.ticn= i _:!Dror<_a.ent c r_i.: fter a�scri ed portions of streets, avenues and puLlic places in the City of tort eiorth, "exas, and same having be2n _xamine-- Ly the Ci'y Comcil ':e City of Fort .�ui`�i., Texas, an:. fe : u to se in all ":ratters an_: things proper, NUi THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The hereinaf _ Pla:rs Und Sd'>c'ficLtie:a .c rovice .nu adopted. II. ihei _�:'sts a pt�,iis noc�ssit",; �c_a• lc— irnprr�.. Ana of tl: r:�rel,.-fter c?ascrl.:e:. portions o� streets, av_rruc art.: public hl,,,,,.s in L_.��: Cit, of Fort �aor�:�., Texas, to-'.`tit: 1. East Ferry Street extension From the vassterly line of Vaughn Boulevard, easterly on rLichardson St_eet to i:•.e east_rl,r 1ina ol` Let 3, Flock 2, 3raridit's Su' livislon, t.,nr,ce nerthe st_r1� to -_]:e irrtars c' o:� of r ,nt btreet and Tarrant :coax, t-ence easterly on Tarrant ioac -to I:it ter Street, ;::r.ence soutl:eas`­rly on i'ar_ant cad to = r_-v;eod Terrace, a :cc ast_rl; on Tarrant i{oaci to t`Lc s t rly line of `_-cuch Aven,c, known anc, 6c si Hated as Unit 2. -1- 2. Vaughn Boulevard From the southerly line of Berry Street to the southerly line of Lot 12, Block 6, Meadowlawn Addition, known and designated as Unit 3. 3. Miller Street From the southerly line of Burton Street (to the east from Miller Street) to 100' south of the North line of Tract 11 G2, Burton Heights Addition, known and designated as Unit 4. 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-wits East Berry Street, Unit 2.s 7" Reinforced Concrete Pavement on 60-foot roadway width. Vaughn Boulevard, Unit 3: B" Compacted Crushed Limestone Flexible Base with 3-?' Hot-Mix Asphaltic Concrete Surface on 40-foot roadway width. Miller Street, Unit 4s 7" Reinforced Concrete Pavement on 60-foot roadway width. The above, together with combined concrete curbs and gutters on proper Trade 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-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 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 par- cels 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 -2- the right to pay any and all of such installment at any time before maturity by paying prin- cipal 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 by 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 North 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 parti- cular unit, PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize pay- ments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hard- ship 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 con- tract upon forms supplied 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 accordings to the terms thereof of the sums assessed against such property. 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 sane 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 assess- ment, 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 prerequisities 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 facie 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 dhall 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 parti- cular 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 Texas Bitulithic Company, having been found to be the lowest and best bid for the making and construction of said improvements, the contract -3- therefor I c to 7%xas at and for price:: sta ed in -',,,c- Proposal of said co.--_pany any. as r2por-Led iand 1,," tl'c Pul.-lie �crl.-s i partment, %:hich said, r-_)Po­--'t af:d', 2�cc1­-1T_ie!-,,_at,*_cr-, 15 On file v"ith C1­e ate, the City !,,an ,Cr zi:�'d C i ty Secretary h_-reloy irectee to e_ecilte tl,p said ccnti,cct e na.-.-,e of -le 'i-," of Fort 'Jurth, Texas, anc to impress the cori)crate seal of -ract, embracing, aP,,cnq ota_­r prices for -he v"Ork. VII. To provi'_.­ '.cr cf tlte *.noobtC6ncss incurred Lic, Cl�ly of '-C­L A'0 L I rth, by saic, C3111rac', there -'s here"Dy appropiiabZJ� o,,..L of avalla"-I,- a��ci ci—ro.r.1c _r<­venlj�.is of the City, an amr_l�nt SL ff ici-ln"_ `10 _ay said So VIII. ,he r)-rrvided �For 1 cie`n an,. co,istructed, no -ice givan, hearing held an6 assess.-renvls levicc and all p_,-oce_-.cJ_.-, s taken anal 'nacl in acccrdarce with, and under tl,.e ter..is of the poi,,,ers and pici-visions of Chapt,_r 106 of t.ie Acts of the First Called Session Of tl".O Tor_iet. _T,aIislaturc of tl-,e 5-Late of Texas, nC,r st-o�,n Ls llrticle 110"11r, Of 'erncn's Texas C'ivi"l Statutes, lab: has ';,)ecn aJicp-11-(,,d un -cc and made a Part of the Cliar-_ar of the City of Fort ,vclt,-, texas, s- 'undiir ,.ihich lo,,,, t,c-o p­oce�-Idi°ic,s are tal-'e:1 and llsid. Ix. Cacti unit abo"',c) U,Ocrico-"t s,-all ba and constitute i st_,parate arld rode p,2.-1de,-1t unit and the assess .its herein orovideC fc- sh­,11 be for LI)e L-.1prO1.­:- ments L 1, ccc�-% unit 6ccordi'��, -'cc one cost ol .]�c imp_-ov-.­��emll-s it) -�"-ie unic, nu acc,_;r�lim� to t,,Ie henef_'tc t::C., .-,)rcval.)sf its in uny Otl!-_r Unit. X. In iiakin, if 0' -_-e bc, it hall he sufficient Lo so st,i' t'ie fi)ct, ,n6 if any pro.oe_-Ly _e O.aiLC. by an astate or hr-y any fil-li, or cozPoza-ion, 1-L F-1-11 ��)e to ,:c I nc� Ls to rive the correct name of the o mer, but -he r 1 i-u-2 o,:1­._--i-s of -he '_n'�:I Lonea shall be liable and the assessments against the pr!-pr.rty shall be valid. XI. "fhe Dir'C's-017 Of PUI)l'-C IvOrks of t'rie _'it-,I of tort �jorth, T_',c,iss, be and he is (,rdere": U,16 to File "vi_-i� -c'riL _­vy C,,uncll, estij.iat,_,s of the ccs, of such ir, unit, irl 3C('o--dajiCr- ,,jit- of 11s, po� ers and pfovisions a he, _rter of the City of For- .;,)rLh, Texas. XII. is -'-r,,.,cte6 cc r r:,I IL S j I l art f!I e J t", Co�.iity o' -larran, fe.:as, L, notice in. ace.,. �'_-ncv %v_,-Lh DICVraions of _ne Act passed, at ',!,,e Fifth Called Session of 'L!,.e Fcr­cy-�_*irst Lajlslature, of ',;'.1e of Texas a n,d s %''�io in a�i 21 oj' t',-Ie Acts ofsair: Session c..- Le:,isl-,turs, said jicL having been passed in the year 11�30, ants no-.Ll 73,einc,. sh(,­.,,n as Article Texas Civil Statutes. XIII. The City Secretary is directed to -_--r-,qrcss aild, enroll this ordinance by copylng the caption of c-a;,,,,e in t c Scol- of t',- City Council and by filin-,3 -'--!,.e -,e o0orop", e Ordinance -10 nonce 1 cor6s of "'lis City.oi.,iplete ordinance in �L XIV. TI i i s 0_C r,4 3�,C -_��cl- an, bi,� 'm force ai-,la c'f-c L and Ce oj�,J' e L after the J­, Of it.S paSsa e. PASSED ANID APPROVED this z Sf Clay or" APPROVED AS TO FOR1,7 AND LEGALITY: 4-