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HomeMy WebLinkAboutOrdinance 3655 ORDINANCE NO. L�� AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR OF PUBLIC WORK'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE TOTAL COSTS OF ALL OF THE IMPROVEMENTS, OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, AND OF VARIOUS OTHER COSTS FOR THE IMPROVEMENT OF N. W. TWELFTH STREET FROM THE WESTERLY LINE OF NORTH MAIN STREET TO THE EASTERLY LINE OF JACK,SBORO HIGHWAY IN THE CITY OF FORT WORTH, TEXAS, AND VARIOUS OTHER MATTERS RELATING THERETO: DETERMINING THAT A PORTION OF SAID COSTS SHALL BE PAID BY THE CITY OF FORT WORTH DETERMINING THAT IT IS NECESSARY AND A PORTION OF SAID COSTS SHALL BE ASSESSED AGAINST ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF: DETERMINING AND FIXING THE PORTION OF SAID COSTS AND THE 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-. ORDERING AND SETTING A HEARING AT 0:0 0 OtCLOCK M. ON THE oZ TN DAY OF J"U N E IN THE CI COUNCIL CRAM I THE . CITY HALL IN T CITY OF FORT WORTH, TEXAS, AS THE TIME AND PLACE FOR A HEARING OF THE REAL AND TRUE OWNERS OF SAID A- BUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID PROCEED INGS AND CONTRACT, CONCERNING SAID ASSESSMENTS, PROCEEDINGS AND IMPROVEMENTS: AND DIRECTING THE CITY SECRETARY OF THE CITY OF FORT WORTH, TEXAS TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1: 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 AD, 19_,jE4_ determined the necessity for, and ord ed, the improvement of portions of N. W. Twelfth 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 been heretofore approved and adopted by said City Council, said street, and the portions thereof so ordered improved being as follows„ to-wit: N. W. Twelfth Street from the Westerly line of North Main Street to the Easterly line of Jacksboro Highway. (b) That notice duly executed in the name of the City of Fort Worth, Texas, at the enactment of said above described Ordinance has heretof ore been filed with the County Clerk of Tarrant County, Texas, in which said city is situated, on the _Z_ day of AD 19"; and duly re- corded in ✓,,/„M s 8 9 AlaQ,. 4-?9 , of the Mortgage Records of Tarrant County, Texas. (c) That after advertising for bids for the construction 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 Worth Construction Company *as acr cepted and contract duly awarded to said Worth Construction Company for the construction of said improvements, by Ordi- nance duly enacted on ,Q.,�, AD 19 S7, which con- tract is dated q—T„ �S_� and (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the costs of such im- provements on the portions of said street to be improved,and estimates of the amounts per front foot proposed to be as- sessed against the property abutting upon said street within the limits above defined, and the real and true owners there- of, and said Director of Public Works has heretofore filed said estimates and statement of other matters relating there= to, with said City Council and same has been received, ex- amined and approved by said City Council; and that in accord- ance 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 Pub- lic Works, heretofore filed with the City Council, showing the es- timated 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 improve- ments, the estimated total amounts of the costs of said improve- ments on said street as proposed to be assessed against said abut- ting property, and the real and true owners thereof, and the estimated amounts of said costs on said street proposed to be paid by the City of Fort Worth, Texas, and other matters relative there- to, having been received and examined by the City Council, said statement and estimates are hereby in all things approved and a- dopted, 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: N. W. Twelfth Street, from the Westerly line of North Main Street to the Easterly line of Jacksboro Highway, Fort Worth, Texas. 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 $ /. 7:9 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 6. Z / per front foot. The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is Q, L/ per front foot. The estimated amount of the cost of said improvements pro- posed to be paid by the City of Fort North, Texas, is the amount of /8S 4 7 The estimated total cost of all the improvements is the amount of 2/R 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 it is ne- cessary and 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 Fortieth Legislature of the State of Texas, First Called Session, Chap. 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 Ar- ticle XXIII, of the Charter ofsaid 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 each of said street and the real and true owners thereof, small pay all of the cost of the curbs and Gutters in front of their respective property and not exceeding nine-tenths (9/10) of the estimated cost of the remainder of such improvements; provided, however, that in no event shall said remaining costs of said improve- ments which are to be paid by, and assessed against said abutting properties, and the real and true owners thereof, exceed nine-tenths (9/10ths) of the estimated total costs of said improvements on such portion of said street, ex- clusive of the cost of curbs and gutters thereon in front of their respective property, said costs being at the rate of, and in the amounts, as hereinabove set out in Section 2 hereof. 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 bene- fits resulting to such property by reason of the construction of said improvements. The costs which may be assessed against such abutting property and the real and true owners thereof shall be in accordance with the "Front Foot Rule or Plan", in proportion as the frontage of such property is to the en- tire frontage to be improved on each portion of said street or Unit; providing further, that if it shall appear at the hearing on special benefits given to said owners, as here- -Q- inafter provided for, that the application of sack 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 re- ceived and the burdens imposed, all in accordance with, and as provided for in said Acts of the Fortieth Legislature of the State of Texas, First Called Session, Chap. 106, as here- inabove identified. That the amounts payable by the real and true owners of said property shall be paid, and shall become payable in five (5) equal annual installments, one of which shall be due and pad%able in twenty (20) days after the completion of said im- provements on the portion of said street upon which the re- spective property of said owners abute, and the acceptance thereof by the City Council of the City of Fort Worth, Texas, and another installment in a like amount in one (1), two (2), three (3), and four (4) years from and after such acceptance, respectively, together haith interest thereon from said date of acceptance at the rate of six per cent (6%) per annum, payable annually; but said property owners shall have the privilege of paying any and all of said installments before their maturity by paying principal and accrued interest to the date of said payment. (b) The City of Fort Worth, Texas, shall pay all of the remainder of the costs of said improvements after deducting the amounts hereinabove specified to be paid by the abutting property, and the real and true owners thereof, as set out above in sub-section (a), 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 any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property, ana the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, or con- cerning 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 dorth, Texas, in the City Council Chamber in the City :Mall of the City of Fort Worth, Texas at /0:00 o'clock./'Y'f M., on the r:?�to TN day of TUNE AD, 19fZ, at which time and place all persons, firms, corpor- ations, or estates, owning or claiming any such abutting property, or any interest therein, and their agents or attorneys, or persons interested in said proceedings, shall be notified to aypear 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; an . the City Secretary of the City of Fort Worth, 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, Tarrant County, Texas; said notice shall be published at least three (3) times in said newspaper be- fore the date set for hearing, the first of which publications shall be at least ten (10) days prior to the date of said hearing, and such 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 said Chapter 106, of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known as 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 here- inabove 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 personal liability and charge against the real and true owners thereof. In levying said assessments, 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 invali- date any assessment, or certificates 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- property shall be valid whether or not such owner be named, or correctly named, or said property correctly described therein. SECTION b: This ORDINANCE shall take effect and be in full force from and after its passage. PASSED AND APPROVED, this the , a w\. day of s , AD, 191bl. IdiA,YOR OF THE CITY Or FORT 'WORTH, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO FORM: f'1 ,u1,CITY ATTORNEY Y -5-