HomeMy WebLinkAboutOrdinance 4550 O:31)IP1A10E M. 41_5'S_ —b
AN ORD1I'TA.'1TCE D]1''hF11I1TIIdG THE ?UE ESSITY FOR AND ORDERING AND
PROVIDING FOR THE I111P.OV=TEHRT OF A PPORTIOi� OF PEi,CH STREET
IN THE CIT'T OF FORT 11011T:H, TEXAS; LETTING CONTRACT TO UVALDE
CONSTRUCTION CO?KPANY FOR THE MAKING AND CONSTRUCTION OF SUCH
I;!vTROVr'IMTS AHTD AUTHORIZING ITS EXECUTION; KkKING APPROPRIATIONS
FOP. T;IE PURPOSE OF PA?ING T"E I' E13TEDP1t 3 T: R�-D'T I=`TCUARED;
TIAKIN3 PR.OVISIO";3 FOR THE LEV IHG OF ASSESSI',1!I'IIS AGAINST A UTTI`TG
P.3.OPERTILS L D THE O'.'R 0 THERzHDF FOR A PART OF THE COST OF SUCH
II1Pz2V11,1y7T3 AP;ID THE ISSUANCE OF A33I'G111Ai3LE CEITIFICATtS 17,
a'VIDPNICE OF SUCH A33:M1 1T3: DIR CTIiJ_G THE PUBLIC ^!ORFIS
DIRECTOR OF' THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY
SECR rAiZY TO FILE A NOTICE OF ADOPTIOM? OF THIS ORDIPIt)I110E ':LTTH
OFFICIAL RECORD THE COU=!i`:' CLERK OF TA WNT COUNTY, TEXAS; DECLARING THAT THIS
ODD i JAT A.1D ALL SU3SEQT='T' PROCEEDINGS R LATI_IG TO SAID STiEET
CITY SECRETARY II.PROVa LE'P Ail A:ID SHALL BE PURSUAI'.T TO THE ACT OF THE FIRS
CALLED SESSION: OF THE FORTIL-' h LEGISLATURE OF THE STATE OF
FT. WORTH, TEX. TE AS, CHAPTER 106, C011,1011LY K_NO0^I?I AS ARTICLE 7105b OF VEFU10.atS
TZTCAS CIVIL STATUTE; kID DIRECTING THE CITY SECRETARY TO E 1G,?L33
Ai1D Ty^TROLL THIS ORDINANCE i Y COP rI :G TEE CAPTION OF SAIIE III THE
1INUIT E BOOK OF TI2E CITY COUNCIL AMID '3fr FILING THE COMPLETE
O.D IITANCE IN THE APP=�OPRIATE 0_RDI?AI?CE RECORDS OF THIS CIT ; AI^ID
PROVIDING Ail EFFECTIVE DATE.
bdHEREAS, the Public �,orks Director for the City of Fort Mtorth, Texas,
has prepared Plans and Specifications for the improvement of the hereinafter described
portion of 3each Street in the Cit3, of Fort 'Borth, Texas, and sane havinu been examined
by the City Council of the City of Fort Worth, Texas, and found to be in all matters
and thinL;s proper, i^,&d, THHiEFORE:
DE IT 024DAI11JED B_' THE CITY COUNCIL OF THE CITY OF FORT bv'ORTH, TEES,
THAT:
I.
The hereinafter described Plans and Specifications are hereolr approved
and adopted.
II.
There exists a public necessity for the improvement of the hereinafter
described portion of Reach Street in the City of Fort ^lorth, Texas, to-wit:
each Street: From the northerly lire of Camilla Avenue
to the southerly line of East Carter Avenue,
known and des_;hated as Unit No. S.
III.
The above described portion of teach Street and public places in the
City of Fort Worth, Texas, shall be improved by raisi;i-, ]radin and fillinC same and
by constructsnn, thereon as follows, to-wit:
Beach Street: Unit No. S, Tt ^ei-iforced concrete pavement;
The above, to ether with corlained concrete curbs and ;attera cn proper --rade and line
where same are not alreadjf so constructed, to ;ether with storm seeress and drainF and
other necessary incidentals and appurtenances; all cf said improva-,er_ts to be con-
structed as and where shown on the Plans and Specifications, therefore.
IV.
The cost of said inprovements as herein defined snail be paid for
as follows, to-wit:
A. The proparty abuttin- on that portion of 3each Street and the
real and true orders thereof hall pay all of the cost of carbs and ,utters in front
of their property and not a_?cceedin__ nine-te.itna (9f10t1is) of the estimated cost of
the remainder of such improvements.
-, a-
..- �- . _. t'citi o- ri ..all ,tsar - c the rem inner
the cost of said improvements after deducting the amounts herein specified to ::>e
paid by the abutting properties and the real and true owners thereof as set out in
subsection -.
The amounts paJabla bu- the abutting properties and the real and
true c*,hers thereof shall be assessed against such properties and the real and true
owners thereof and shall constitute a first a prior lien upon such properties and a
personal liability of the real and true c.rnero, thereof, and shall be payable as fol-
lows, to-wit:
,,nail the improvame_its are completed aid accepted by the City a
particular unit, the sums asse33ad against propart-- abutting upon s,-mch ccmplotad and
accepted iinit shall be and becoraa payable in five
(5) equal ir_atallmsat , .i' e �espacti..�
ly on or before thirty (30) days, one (1), tao (2), three (3), and four (4) years from
.
the date of such completicn and acceptance, and the msessmonts a;-'ai,13t tl--� rropert,
ab� tti c the units shall be a i�- du., and ra::-a<)lo i:i such i-zatall-
,.ionts after the date of completion and acceptance c_° 3"Ich -a p3ctive ,snit. V' e entire
amount assessed alai-.A the particular parcels of property shall bear inte-^est from th
:fate of such completion and acceptance of the im---love ,e7';; 0_2 the :1-jit iron which tha
x r - -
�:, per a.z.nun, pa•-a le�artic.lar grope:t,- abuts at the to of si: par cent { ;, n
a-Cart as to interest cn ti a first installment, .chic. 3 .a11 be due and pa;-able on the
.-rate :>aia > .sttllma::t *ru.L.,res, prcv:, ied that an,, ,.rZer :,hall nave the -ht to pa,-
and all Of 3uch i_zstallrmezt at a-ny timo befora mat z^it a, pa,-in• principal uith inter-
est accrued to the date of pa,,miait, and further r ovided if default 'oa :_Wade in the pa:,r
sent of an",, i :stallr _l mt prorp� as the snare matures, : n Than at the option of the Cit-1 of
Fort yorth or its assigns, the entire amount of tze aS3 Ssmant apon Tenich suer_ ,efaalt
i3 Viade s'nall be and become imned;atal- due and pa._'abla; ;nut it is specifically provided
ti.a'u r_n ass s rant shall in any case e made ,u:7alnst an '.rop-'.rty or an-.,,, oi4mer thorecf
in aYcess of the special benefits to pro7iar t,- in the ern-manced value thereof by means of
said improvements in the unit upon which the particular property abuts, as asc:rtained
at the hea-rin,,,> provided the la.r in forte in the City, ncr shall any assessment be
made i:n anv case until after notice and neari.-; as provided by lag. Said assessments
a-ainst the respective lots and parcels of grope-ty and o>mers tharaof shall 113 evidenced
by cartific3Ge3 of a 3pecfial s7ess ent arich shall b3 o--:ec,'J.ted in the nag.,-2, of the 1-i;-
of I -t >forth, PA0VIDiT), i o:aevar, th-t acti:l' thro its duly authorized Directs.^ of
"ublic :+cork,;, the City of Fort :forth retaining the riEht to authorize pa nn s ant of the sum
assessed against abutti_n- propa:-Lay apon such completed and accepted unit is not more thaw
for'
-.-ei;'ht egmial. _ -ular 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 bT the City of the particrlar unit, PROVID%L rUiT a, that the Cit,' Atto -
neT"is hereby empowered to authorize payments of said smms in lesser installments and/or
over a longer period of tLne Li -cases in which the Director of Fublic forks has pre-
viousl-- deta-rmined that an axtreble financial hardship 'zpon the property otimer -,sill other-
rJise result; and PROVIDE FU2Ti ,,that such method of pa�nnents shall be authorized only
in instances la'nere the o,�mer or owner,; of property abuttin, upon such completed and ac-
cepted unit shall have executed and delivered to the Cit of Fort idorth, a lawful, valid
and bindinz note and mechani-cps and materialman's contract upon forms s-applied by the
City granting a mechanicls lien upon and conveying the said abutting property in trust
to secure the payment by said owner or owiaos accordi.n; to the term thereof of the sums
assessed against such property.
IT.
The assessments against the respective lots and parcels of property
and the owners thereof shall be evidenced oy certificates of special assessment, which
shall be executed in the name of the CitJ -Dy the T=.ayor of said City and the City Secre-
tary shall attest the same and impress the corporate seal of the City- thereon, and which
nay have attached thereto coupons i,i evidence of the several installments, or iri evidence
of any of the installments in which the assessment L; payable, which certificates shall
be issued to the City of Fort `iJorth, shall recite the terms and time of payment, the
amount of the assessment, the description of the prcpert•,r, and the name of the o',,rners, 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 im-
provements have been recalarly had in compliance vr!th law, and that all prerequis_i_te.3 to
the fLcinE, of the assessment lien a'ainst the property described in said certificates
and the personal liability of the owners thereof, have been reri-)larly had, done and
performed, and 3ach recitals shall be prime facia evidence of the matters so recited,
and no further proof shall be required in any court, and the said certificates shall
p-rcvide si=ib3tantially that if default be made in the payment of any installment promptly
as the same natures, then, at the option of the City of Fort forth, or its a53iMs, the
entire amount of the assessment shall be and become immodiately due and payable, to-
,,ether with reasonable attor--i--yfs fees and costs of collection, if incurred, alb of
which, as well as the principal and interest on the assessment, shall be a first and
prior lien aCainst the property, superior to all other liens and claims e-ccept State,
County, School District, and Cit; ad valorem taxes. .',Io error or mistake in naain any
owner or in describiri any property or in any other matter or thinE, shPII invalidate
an�r assessment or any certificate issued in a7idence thereof, and the ommission of im-
provements 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 emactly to word above
provided for, but tha subita-ico thereof shall suffice, and they may contain other and ad-
ditional recitals pertinent thereto.
VI.
_'ids have been advertised for as required by Article 1105b of the re-
vised civil statutes of Te-mas and the bid of Uvalde Construction Company havin,-- been
found to be the lowest and best bid for the makin- the construction of said iinprove-
ments, the contract therefor is hereby awarded to Uvalde Construction Co., at and for
the prices stated in the Proposal Of said company and as reported and recommended b,,, the
Public viorks Department, which said report and recur miendation is on file with the Cit.-,
the Ci:u-%, I'U"naFer a-d City Secretary are hereby directed to execute the said contract in
the name of the City of Fort 'forth, Texas, and to i7ipr(33s the corporate seal of the Cit-.,r
thereon, the said contract embracing, anion Z other thinr�s, the prices for the work.
Vii.
To provide for the payme-it of the inde)todness Li*icurracj- by the City of
Fort Jorth, Te.ca , by said contract, there is hordt-:-,- appropriated out of available funds
and current reveoue3 of the City, an amount sufficient to pay said indebtedness so in-
curred.
Viii.
The improvements provided for herein shall be made and constructed,
notice L-ivori, hearin_- held and assessments levied and all proceedings taken and had -5-
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
3!ao,.,jn as Article 1105", of Vernon'-, Tacas Civil Statutes, which law has been adopted as
an ame-ilraopt to and made -- part of the Charter of the City- of Fort Worth, Texas, and
ender alaich law these rroceedinZs are taken and had.
14.
Eacli unit above described sh,-01 be and constit'ato a separate and in-
dependent unit of -improvement and the as3es3mant-- herein provided -'Or :;hall be made for
the improvements in each unit accordin� to the cost of the improvements in the unit and
cc o r-dj Ln'- to th7= benefits ari3�--IZ iron, 1,11D !-mnrovaio--it3 in a.-r., cther unit.
K.
in if the n9u�ic of th,3 OvTno2 I D," U-1knevri, i',, :,hall
lje 3iifficisnt to 3o state the fact, and if an- f-,ope-oty be ow-ned
Cr cofporatio,i it shall '.)a 3U,2ic-en' t� 3o --id it, 311all a not be necej-
saVJ' to Dive the correct name of the owner, but the real and true ownei-5 of the property
mentioned shill be liable and th assessments against ti-,e property shall be valid.
Ki.
The Director of Fl-blic of the L!-ity of Fort Texas, be and
his is hereby, ordered and directed to file awi.th the City Council astinate3 of th3 cult
of siic': L-npro.--nont-; Li each unit, in accorda-nce Frith the terms� of t.-,3 pcwe-rs and prO-
,Fisions, cf the Charter of t'ia CitY of fort :iorth, To:ca,3.
-3-
Thn City Secratary is directed to prapare, siLn and file with the
CJ'iaty Clerk of ',arrant County, Mas, a notice in accordance ,eLth the prOVi3ioils of
the Ace, pasaad at the Filth Called Session of the Fort; —Brat Legislature of he Mate
of 'Fe: and aho*,rn as Chattier 21 of the Acts of said aeaaic; of the LeLislature, said
Act havinE been passed in the year 1930, and noa 5n, shown as Article 1220a of 9or.ionfs
.a_cao Civil Statutes.
III.
The Cite- Sacretavy is hereby directed to engross and enroll this ordi—
aance by copying the caption of a m in the Kinuta 2ook of the Cite Council and by fili_i
t ea cag;lVa u-_•dIlance in the appropriate Ordinance Records of this City-.
TAD ozaimuca shall take ef0ct anti 4n i7 full force and effect fron
and after the date of its paasa o.
PA33 J AID APP,,,^D'i_U ! IS � 7 �h iDi""' OF &0t/CmBf-jC
AS 10 FOIL,! AIID
City Attor_wu-
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