HomeMy WebLinkAboutOrdinance 4347 ORDINANCE Na. — « . V11iw ..
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AN ORDINANCE ACCEPTING THE STREET IMPROVEMENTS TO CERTAIN .,F Ni u �ywro
STREETS AND AVENUES OR PORTIONS THEREOF HEREIN DESCRIBED
AND WITHIN THE LIMITS HEREIN DEFINED AS HAVING BEEN COMPLETED
UNDER THE IBM OF THE CONTRACT BETWEEN THE CITY OF FORT WORTH
AND WORTH CONSTRUCTION CO., DATED JULY 31, 1959; APPROVING
THE CERTIFICATE OF COMPLETION AND THE FINAL STATEMENT OF THE
CITY ENGINEER (PUBLIC WORKS DIRECTOR) AS TO THE IMPROVEMENT
UNITS IN WHICH SUCH IMPROVEMENTS HAVE BEEN COMPLETED: PROVIDING
THAT ASSIGNABLE CERTIFICATES OF SPECIAL ASSESSMENT SHALL BE
ISSUED TO WORTH CONSTRUCTION COMPANY, CONTRACTOR: PROVIDING
THAT SUCH ASSESSMENT CERTIFICATES SHALL BE DATED AS OF THE DATE
OF THIS ORDINANCE; SETTING OUT CERTAIN PROVISIONS NO BE CONTAINED
IN SUCH CERTIFICATES OF SPECIAL ASSESSMENT, THE TIME AND MANNER
OF PAYMENT, THE MANNER IN WHICH SUCH CERTIFICATES SHALL BE
NUMBERED, THE NAMES OF THE PROPERTY OWNERS, THE DESCRIPTION OF
THEIR PROPERTIES TO BE SHOWN THEREON, AND THE PRINCIPAL AMOUNT
OF SAID CERTIFICATES; MAKING PROVISIONS RELATING TO THE PAYMENT
OF CERTAIN MONIES IN CONNECTION WITH THE COMPLETION OF THE
IMPROVEMENTS IN THE UNITS WHICH ARE HEREBY ACCEPTED; PROVIDING
THAT THE INVALIDITY OF ANY PART HEREOF SHALL NOT INVALIDATE THE
OTHER; MAKING OTHER FINDINGS AND ADOPTING OTHER PROVISIONS
PERTINENT TO THE SUBJECT; AND PROVIDING THAT THIS ORDINANCE
SHALL TAKE EFFECT IMMEDIATELY.
WHEREAS, by Ordinance No. 4149 duly passed, adopted and enacted by the
City Council of the City of Fort Worth, Texas, the City Council of said City
ordered the improvement, in the manner therein designated, of certain streets
and avenues or portions thereof of said City, dividing said streets or avenues
or portions thereof to be improved into separate and distinct improvement units
by ordinance numbered 4149 and 4198, and in such ordinances invoked the powers of
and the procedure provided by and adopted by the provisions of Chapter 106 of the
Acts of the First Called Session of the 40th Legislature of the State of Texas,
as emended which is known as Article 1105b, Revised Civil Statutes of Texas, 1925,
as amended; and
WHEREAS, notices of the enactment of said ordinances, signed in the
name of the City of Fort Worth by its Mayor, were filed with the County Clerk of
Tarrant County, Texas, and recorded in the Deed of Trust Records of said County in
Volume 1471, Page 221; and
WHEREAS, a contract dated July 31, 1959, was duly entered into between
Worth Construction Co. and the CITY OF FORT WORTH, acting through its City Manager
and attested by its City Secretary, for the construction of such street improvements
in accordance with the plans and specifications prepared by the City Engineer (Public
Works Director); and
WHEREAS, by ordinance duly passed and enacted by the,City Council of the
City of Fort Worth on the 26th of June, 1959, the actions of the City Manager in
executing the aforesaid contracts;and the City Secretary in attesting the same were
approved and said contracts were ratified and the 100% Performance Brand submitted by
Worth Construction Co., in the sum of $234,008.36 was accepted and approved; and
WHEREAS, the City Council of the City of Fort worth has appropriated
sufficient monies from unappropriated monies in the Street Improvement Fund for
satisfying the maximum amounts which it has estimated will become due to WORTH
CONSTRUCTION CO. under their contract, out of the City's share of the cost of
such improvements; and
WHEREAS, the City Engineer (Public Works Director) prepared a written
statement, report and estimate of the cost of the street improvements to be made
in the units referred to herein, which statement, report and estimate were approved
and adopted by ordinance duly passed and approved by the City Council of the City
of Fort Worth on June 26, 1959; and
WHEREAS, thereafter by ordinance duly passed and approved by the City
Council of said City on November 13, 1959, after due notice and hearing as required
by law, said City Council levied assessments for such street improvements against
the properties abutting on certain streets and avenues or portions thereof of the
City of Fort Worth, within the limits therein defined, and against the owners
thereof, including the properties hereinafter listed and the owners hereinafter
named, and the true owners of said properties, whether hereinafter correctly named
or not; and
WHEREAS, such improvements to the hereinafter described streets and
avenues or portions thereof in the hereinafter listed improvement units have been
duly completed in accordance with the terms of the contract between the CITY OF
FORT WORTH AND WORTH CONSTRUCTION CO., dated July 31, 1959; and
WHEREAS, the City Engineer (Public Works Director) has issued his
certificate of completion as to such units of improvement; and
WHEREAS, the City Engineer (Public Works Director) has made final measure-
ments and has prepared and furnished his final statement of the value of all street
improvements so completed in the hereinafter listed improvement units, which has
been approved by the City Manager and the Director of Finance; and
WHEREAS, the Contractor has furnished satisfactory evidence that all
persons furnishing labor and/or materials have been paid in full and all persons
claiming damages to property and persons have been settled with or their claims
dismissed or the issue joined; and
WHEREAS, it now appears that the street improvements to the streets and
avenues or portions thereof to be improved in the following listed improvement units
have been fully completed in accordance with the terms of the aforementioned con-
tract between the City of Fort Worth and said Contractor, to-wit: Unit 5, and
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH.
Section I
The certificate of completion issued by the City Engineer (Public Works
Director) covering the following listed improvement units is hereby adopted, and
the street improvements on the streets and avenues or portions thereof situated in
such improvement units are hereby accepted by the City Council of the City of
Fort Worth, Texas, and by the City of Fort Worth, Texas, as completed under the
terms, provisions and stipulations contained in the contractual documents entered
into between the City of Fort Worth and the Contractor, dated July 31, 1959, and
all decisions of the City Engineer (Public Works Director) in charge of the
construction of the improvements in said improvement units are hereby ratified,
and all changes in the plans and methods of making such improvements which have been
approved by the City Engineer (Public Works Director) are also ratified, it being
hereby determined that no changes have been made since the date of the giving of
the statutory notice of the property owners' hearing which substantially affect
the nature or the quality of the improvements; said improvement units above referred
to being as follows:
UNIT STREET OR AVENUE FROM TO
5 Beach Street Southerly line of Carter Northerly Line of Lot 1,
Avenue Block 17, Sycamore Heights
Addition
......................................................... ...... . ........
Section 2
Assignable certificates of special assessment as hereinafter set
forth shall be issued in the name of the City of Fort Worth, and be made payable
to WORTH CONSTRUCTION CO., which said certificates shall be delivered over to
WORTH CONSTRUCTION CO., pursuant to and in accordance with the provisions of
Article 11B-5 of the Special Provisions of the contractual documents.
Section 3
Each of the assessment certificates which is hereby authorized to
be issued shall have five (5) coupons, which shall bear the facsimile signature
of the Mayor and the City Secretary of the City of Fort Worth, and in other
respects shall be in a form consistent with these proceedings. Any such fac-
simile signatures may be either lithographed or printed.
Section 4
Each certificate shall contain an adequate description of the respec-
tive parcel of property assessed, together with the designation of the owner or
apparent owner, if known, and shall set forth and evidence the personal liability
of the real and true owner or owners of such property, whether correctly named
therein or not, and each such certificate shall set forth and evidence the lien on
the respective property described therein, and shall evidence the fact that said
I ien is a first and paramount lien thereon, superior to all other liens and claims
except for valid State, County, School District and City ad valorem taxes.
Section 5
Each certificate issued under the authority of this ordinance shall
be dated as of the date of this ordinance and shall recite in substance that the
improvements abutting the property therein described and in the unit in which said
street or avenue or portion thereof abutted by such property lies, have been
completed in full compliance with the contract entered into between the Contractor
and the City of Fort Worth, and that said improvements have been accepted by the
City of Fort Worth on the date of said certificate. Each certificate shall provide
for acceleration of maturity at the option of any holder thereof upon default in
payment of any installment of principal or interest and shall provide the terms of
payment and the interest rate as below met out; shall provide for reasonable at-
torneys* fees and collection costs, if incurred, and shall contain such other terms
and provisions as are customarily contained in special assessment certificates
issued under the provisions of the Acts of the 40th Legislature, First Called
Session of the State of Texas, Page 489, Chapter 106, as amended, known and referred
to as Article 1105b, Revised Civil Statutes of Texas, 1925, as amended. No error
or mistake in describing any property or in giving the name of any owner or owneds
shall in anywise invalidate or impair the assessments or any of them or any certifi-
cate issued in evidence thereof.
Section 6
Each of said certificates shall be payable in five (5) equal (or as
nearly equal as possible) installments as follows: The first of said installments
shall be due and payable on or before twenty (20) days from the date the improve-
ments have been accepted by this ordinance and the date of said certificates, and
the four (4) remaining installments shall be due and payable on or before one (1),
two (2), three (3) and four (4) years, respectively, from the date of this ordinance
and of said certificates, together with interest on the unpaid principal balance
at the rate of six (6%) per cent per annum from date of said certificates and this
ordinance until paid, interest being payable at the time the principal installments
become due, as above set out (or at the time of payment of such installments in the
event of pre-payment). Past due principal and interest shall bear interest at the
rate of eight (8%) per cent per annum, from time of maturity until paid.
Section 7
Each certificate shall in substance provide among other things:
"That all the proceedings with reference to making such
improvements have been regularly had in compliance with
the law and that all prerequisites to the fixing of the
assessment lien against the above described eroperty and
the personal liability of the owner or owners thereof
have been performed, and this certificate shall be prima
facie evidence of the matters herein recited, and no fur-
ther proof thereof shall be required.
"That the sums of money evidenced hereby shall be payable
to the owner or owners of this certificate at the office
of the City Assessor and Collector in Fort Worth, Tarrant
County, Texas; provided, however, that if the place of
payment has been varied by written agreement between the
Contractor or the legal holder of this certificate and
the Owners of the above property, then the provisions of
such agreement shall control.
"That by the provisions of the proceedings of the City
Council of the City of Fort Worth and the law in force
under which said proceedings were had, upon default in
the payment of any installment of principal or interest
hereon when due and/or at matueity of this certificate,
however same may occur, the assess went lien against the
property, herein described and the personal liability
and charge of the real and true owner or owners thereof
(whether correctly named herein or not) may be enforced
in accordance with the provisions of this certificate
in any court having jurisdiction, or at the option of
the legal holder hereof, by Sale Of said property in the
same manner as may be provided by law in force in said
City for the sale of property for collection of ad valorem
taxes. The City of Fort Worth does not guarantee col-
lection of the assessment evidenced hereby; however, said
City will exercise and exhaust all of its lawful powers
in enforcing collection of said assessment.
"That said assessment was levied pursuant to ordinances
Of the City of Fort Worth, Texas, as amended, determin-
ing the necessity for and ordering the improvement of cer-
tain streets and avenues or portions thereof of said City,
and upon procedure had and pursued in conformity with the
laws of the State of Texas; notices of the enactment of
said ordinances being recorded in the Dead of Trust Records
of Tarrant County, Texas, in Volume 1471, page 221.
Section 8
Said certificates shall be numbered as hereinafter set out,
and Shall be in the respective principal amounts hereinafter set out:
Section 9
Should any section or sections or any part of any section
or sections of this ordinance or of said ordinance of November 13, 1959,
levying special assessments for street improvements, be held to be void
and without force and effect for any reason whatsoever by any court of
competent jurisdiction, then neither the remaining portion of this
ordinance nor of said ordinance of November 13, 1959, shall be thereby
affected, but such remaining sections shall be and remain in full force
and effect as though the void and unenforceable part thereof, if any,
had not been incorporated in this ordinance or in said ordinance of
November 13, 1959.
Section 10
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
City Attorney
ENGINEER'S FINAL ROLLS OR STATEL&T FOR FAVING ON Beach Street Extension from Carter Avenue to the North line
of Lot 1, Block 17, Sycamore Heights Addition, known and designated as Unit No. 5•
Apparent Apparmt
Credits Cost
ASSESSI,LWT R., fe PER FRONT FOOT FR CURB& GUTTER ------------------------------ 1.85 4903.06 3710-00
ASSE•351,M MF PER FRONT FOOT FOR li+ROV&�LMTS EXCLUSIVE
OF CURB& GUTTER----------------------------`------------------------------a 8.38 8,471.33 1,825-00
TOTAL AMOUNT ASJ.33&0 AGAINST ABUTTING PROPERTY mMER ----------------• 12,11569-39 IOOL4-39 2,195.00
TOTAL EST114ATM A1,-,OUNT OF CITY'S PART -------------------------------- 43►323-m
TOTAL CONTRACT COST OF I1,!a)VLL]NTS ---------------------------------•
ENGINEERIS FINAL ROLL
PAVING ASSESSMENT UAIT NO. 5
V,IDTH 80 FEET UNIT DESCRIPTION: Beach Street Extension from Carter Avenue to the North SffIMT NO.1 OF 2
Line of Lot 1, Block 17, Sycamore Heights Addition
CONTRACTOR: Worth Construction Company CONTRACT DATE: July 31, 1959 TYPE OF 1hPROVQ,,ZNTS-, 7" reinf. Cone. Paving with 8" Curb
CERT. DESCRIPTION OF PROPERTY ASSESSMENT
NO. PROPERTY MiER LOT BLOCK ADDITION FRONT DiPROVEVIENTS CURB PROPERTY
FOOT EXCLUSIVE OF AND O'VINM FINAL
CB.&GUT.PFR GUTTER COST ADJUS711ENTS CREDITS AMOUNT
FRONT FOOT PER LIN. BOOR, OF
$ 8.38 FT. 1-85 CREDITS ASSESSIAENT
AMOUNT $ $
West Side Street (MOUNT MOUNT
B-1, P. H. Foster 16 22 Sycamore 140.o 1,173.20 259.00 1,432.20 4o, Sift Lot 8 10.23 409-20
Heights IWI Res. @ 4.73 473-00
1001 Cb. &GuW 1-85 185-00
1 67.—
,o 2o 365.00
B-2 E.B. Baham, M. W. Baban 7 22 140.0 1,173.20 259.00 1,432.20 409 Side Lot @ 10.23 409.24
Mary L. Whiteman and 100, Res. @ 4.73 4
Sophia B. Puwwis 550-00
2513 Scott
11 &12 16 315.1 2,640.53 58e.94 3,223-47 100%Im credit 3,223-47 0.00
EAST S=STRW
B-3 R. A. Bmdd= 11 &12 21 140.0 1,173.20 259.00 1p432.29 40' Side Lot @ 10-23 4o9.2o
100, Res. @ 4.73 473.00
1001 Cb &Gut 0 1.85 185-00
1,667.29 365-00
B-4 Alberta Sparks 1 21 140.0 1,173.20 239-00 1,432.20 401 side Lot a MOM 409.20
1001 Res. @ 4,73 473.00
100O Cb &Gut 0 3A5, 185-00
1,067-20 365-00
Sheet Sub-Total 875.1 7,331.33 1,618-94 8,952-27 7,307.27 1,645-00
ENGINEERIS FINAL ROLL
FAVING ASSESSMENT U4IT NO.5
WIDTH 80 FEET UNIT DESCRIPTION: Beach street Urtension SHEET NOR OF 2
CONTRACTOR, worth Construction Compem CONTRACT DATE: Ju1Y 31, 1959 TYPE OF IMPROVHh:,NTS: 7" ReInf- Cone, with 8" curb
CERT. DESCRIPTION CF PROPERTY ASSESSMENT
NO. PROPERTY OWNER LOT BLOCK ADDITION FRONT IMPROVEMENTS CURB PROPERTY
FOOT EXCLUSIVE OF AND O,,'NFRS FINAL
CB.&GUT.PER CUTTER COST ADJUST14ENTS CREDITS AMOUNT
FRONT FOOT PER LIN. BEFORS OF
$ 8
e
R48 FT. 1.85 CREDITS ASSESSMENT
AM
T $
AMOUNT AMOUNT
B•5 P. H. imney 1 17 BY- 353-58 2,963-00 654.12 3j617-12 253-58' Side Lot 0]0.23 20594.22
1W Res @ 4:73 4
ims 550-00
Sheet Sub-Total 353-58 2,963-00 654-12 3,617.12 3,067-12 550.00
Unit Total 1,228.68 10,296-33 2,273.06 12,569.39 10o374-39 2YI95.0