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HomeMy WebLinkAboutOrdinance 4538 ORDINANCE NO. �° ` City SECRETARY V ,THE AN'D ORDERING AND � W . AN ORDINANCE DET"EI'1C�911'1IriG l i PROVIDING FOIt THE ICtIPRO F BOr"'AAN SPRINGS ROAD IN THE CITY OF FORT 'i1CRTH, TEXAS; LETTING CGNTRACT TO R. W. GIBBINS, INC. FOR THE, MAKIEG AND CONSTRUCTI(J111 OF SUCH IMPROVEtd,21,1TS AP,iD AUTHCRIZIIdG ITS EXECUTION; C FKING APPROPRIATIONS FOR THE PURPOSE OF PAYING TIME INDEBTEDNESS THEREBY INCURRED; J!AKING PROVISIONS FOR THE LEVYII G OF ASSESSt,ENTS AGAINST ABUTTING PROPERTIES AND TIME G1"RtE22 TIiEREGF FOR A PART OF THE COST (0-SUCH IMPROVEMENTS AND THE ISSUANCE CF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESS€'ENTS; DIRECTING THE PUBLIC 'ACRKS DIRECTOR OF THE CITY TO PREPARE ESTIN[ATES; DIRECTEIG THE CITY SECRETARY TO FILE A NOTICE OF ADCPTIC N; OF THIS GRDINA [CE WITH THE CUU,,1TY CLERK OF TARRA.NT COUETY, TEXAS; DECLARING THAT THIS CRDINIUtICE AND ALI. SUBSEQUE11'T PI&CEEDINGS RELATING TO SAID STREET IhIPROVE- 14ENT ARE AND SHALL BE PU11S'UANT TO THE ACT OF THE FIRST CALLED SESSION OF T11E FORTIETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COW'4iONLY KNU0414 AS Aft"1�ICLE 1105b OF VERNON,*S TEXAS CIVIL STATUTES; A"rID DIRECTING T1<E CITY SECr�iETARY TO L1,iGROSS A'PUD ENROLL T[IS LRDINANCE BY COPYING THE CAPTION OF SKJE IN THE MINUTE BOOK OF THE CITY COUNCIL A11D BY FILING THE COMPLETE 0PDINA1dCE IN THE APPROPRIATE ORDINANCE RECORDS OF ]HIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Public 'horks Director for the City of Fort Worth, Texas, has prepared Plans and Specifications for the improvement of the hereinafter described portion of Bom.an Springs Road in the City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort forth, Texas, and found to be in all matters and things proper, NOW THEREFORE: BE IT ORDAIhdED 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 portion of Bowman Springs Road in the City of Fort Worth, Texas, to-wits Bowman Springs Road: From the East line of Edgewood Terrace to the North to the East line of Lot 1, Block 4, Edgewood Park Addition, known and designated as Unit No. 1. III. The above described portion of Bowman Springs Road in the City of Fort Worth, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, to-brit: Bowman Springs Road, Unit No. 1: 6" blot-Mix Asphaltic Concrete on a 60-foot roadway width. 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 inciUentals 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: -1- A. The property abutting on that portion of Bowman Springs Road and the real and true owners ti;ereof shall pay all of the cost of curbs and gutters in front of thy-*ir property and not exceeding nine-tenths (9/10ths) of the estimated cost of the remainder of such improvements. B. The City of Fort ':forth 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 tho real and true owners -hereof shall be assessed against such properties and the real and true ovjners thereof and shall constitute a first and prior lien upon such properties and a personal liability of the real and true ow°mers thereof, arid, shall be payable as follows, to-wit: When the improv_-r..ents are completed and accepted by the City on a particular unit, the sums assessed against property abutting upon such completed and accepted u;+it 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 pa;-able in such installments after the date of completion kind acceptance of such respective unit. The entire acrcurnt assessed against the particular parcels of property shall bear interest from tare date of such completion and acceptance of the improve- ments 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 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 vA"rich 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 improve- ments in the unit upon m:hich the particular property abuts, as ascertained at the hearing provided by the lawn in force in the City, now 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 cwners thereof shall be evidenced by certificates of a special. assessment which shall he 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 surds assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular monthly install- ments of not less than $9.00 each, the first of such installments to become due and payable not more than 30 days after the corn)letion 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 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 hardship upon the property os•rner will otherwise result; and PP.CVIDED FURT ER, that such method of payments shall be au`"horized only in instances where the owner or owdners of property abutting upon suet-. 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 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 according 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 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 payable, which certificates shall be issued to the City of Fort '+'+orth, 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 proceed- ings with reference to the making of such improvements have been regualrly had in compliance with law, and that all prerequisites to the fixing of the assessment lien against the property -2- described in said certificates and the personal liability of the ouners 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 certi- ficates shall provide substantially that if default be made in the payment of any in6tal.lment 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 as valorem -taxes. No error or mistake in naming any owner or in describing any property or in any other matter and 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 certif icates 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 R. W. Gibbins, Inc., having been found to be the lowest and best bid for the making and construction of said improvements, the contract there- for is hereby awarded to R. W. Gibbins, Inc. at and for the prices stated in the Pl•oposal of said company and as reported and recommended by the Public e!orks Department, which said report and recommendation is on file with the City, the City t�ianager and City Secretary are hereby directed to execute the said contract in the name of the City of Fort S`Iorth, 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 'Jorth, 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, novi shown as Article 1105b of Vernon's Texas Civil Statutes, which law has been adopted as an amendment to and made a part of the Charter of the City of Fort 'North, Texas, and under which law these proceedings are taken and had. IX. Each unit above described shall be and constitute a separate and independent unit of improvement and the assessments herein provided for shall be made for the improve- ments in each unit according to the cost of the improvements in the unit and according to the benefits arising from the improvements in any other unit. X. In making assessments, if the name of the ovmer be unknown, it shall be sufficient to so state the fact, and if any property be o%inod by an estate or by any firm or corporation, it shall be sufficient to so state, and it shall not be necessary to give the correct name of the ol,,,rner, but the real and true owners of the property -1,ientioned shall be liable and the assessments against the property shall be valid. XI. The Director of Public Works of the City of Fort ",'forth, Texas, be and he is hereby, ordered and directed to file with the City Council, estimates of the cost of such improvements in each unit, in accordance with the terms of the powers and provision of the Chapter of the City of Fort Worth, Texas. -3- XII. The City Secretary is directed to prepare, sign and file v,,ith the County Clerk of Tarrant County, Texas, a notice in accordance with the provisions of the Act passed at the Fifth Called Session of the Forty-first Legislatures of the State of Texas and. shown as Chapter 21 of the Acts of said Session of the Legislature, said Act having been passed in the year 1930, and now being shovm as Article 1220a of Vernon's Texas Civil Statutes. XIII. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of sane in the Linute Look of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City. ,,IV. This ordinance shall take effect and be in full force and effect from and after the date of its passage. PASSED ALD APPR(VED THIS day of �" , 196 . APPRGVL:D AS TO FORM AND LEGALITY: City Attorney -4- TEAS 104 � CITY F FORS WORTH"* TEXAS „ AND skd c c , N A ak0 ' IV A t axlxo a G ✓ r + , n to Mayor and Council No, 1x`613 �M City enretary October, 7, 1 .. .mwMn OFFICIAL RICIND CITY SECRI"ARYFI Honorable Mayor and WORTH, Taw Members of the City Council : Assess nt Pay- 4 ng � ,City of Fort Worth Widening and " v i ng of Bownan Springs Road, (AP-61-43), 94-8'2-121# CI-A-2 , l Mrs. McKnight and Gentlemen: In accordant* wr i th the 1961 Capital trove a nt Program,, bids were received for the aptt defy1 li and paving of Bowman Springs Road, This s p ti on of Bowman Springs Road is a border street to Edgewood Park Addition on which there is a dare lopera s contract, which provides that the border street be payed an assessment basis, at the request of the developer, It is r dt, n , d that the following ordinances be adopted: 1. An ordinance declaring the necessity for and or Bring the paving on an assessment basis of, Atc-est Um WAU1 Bowen Springs Road East line of Edgewood Terrace to East line of Lot 1, 81k. 4,, Edgewood 'Park Addition and making provision for the levying of asses at directing the Pubi'le Works Department. C3ibbins�pinc.eoni itsel fbid of iB,�37tdi the contract to R. $18,257.50# The following is a tabulation of bids that have been received for construction of this project. r WASAdMa R. W. Gibbins, Inc. $18,257.30 Glade Construction Co. 19,,218. General Construction Co. 19,530.()0 Texas Bitolithis Company 19,857.50 and, 2. An ordinance approving the estimates of costs and amounts proposed to be assessed and setttng November 17, 19610 s the date for the benefit hearing. ��, M&C PW l- 613 October 27, 1961 Purge 2 It Is also recommended that a Bond Fund Transfer be approved In the wmnt of 4,409 CC frvrra Account No, 94-62-901., Assessment Paying, Unspecified Projects to- -121 to comer the City's ration of construction costs and miscellaneous engineering contingencies. Respectfully submitted, LPC:Ih Lo r. C City Manager giii ,,,,.