HomeMy WebLinkAboutOrdinance 4903ORDINANCE .T•TO.~~.J
AN ORDINANC3 D'E'PER*•;SDIIATG THE 91'?,Cu3SITY FOR. AND OR.D'~ING
AND PROVIDING FOR THE I2•R'ROV?;i~NT OF A PORTION OF
• GREAT3URY R09D A TD ~~~`$~~~~ ~~~®~~
PORTIONS OF SU~JDRY OTHER STRiEy'TS, ,avErJCT~~~ a;~m PITBLIC
PLACE IN THE CITY" OF FORT '%?OftTH, TEXAS; L1;TTIDTG CONTRA ~~~~ S~'~~~~'~'~RY
~ idORTH CONSTRUCTION COMPANY FOR THE .
MAKING AND CONSTRUCTION OF SUCH INH'ROUII~iENTS AND AUTHC' ~~~ ~L~ai~~~, ~~~~
ING ITS EXECUTION; MAKI~JG APPROPRIATIONS FOR THE PURPOoL
OF PAYING TI:E INDEBTFIDNES3 i'ii:,c2_'BY I:JCURRuD; 2;AKING PROVI-
SIONS FOR THE LEVYING OF ASS~3i~'JT5 AGAINST ABUTTTiJG
PiIOP~T:CF,S AND THE O:fNIIt.S THERi~F F03 A PART OF T,iE COST
OF SUCH IMPROUEME?JTS AiJD THE ISSUA"JC u OF ASSIGNABLE C'LiZTIFI-
CATES IN EVID~ICE OF SUCH ASS~S~~TTS; DIRECTIiJG TIi?, PUBLIC
•.;ORK9 DIRECTOR OF THE CITY TO PREPARE „STILvSATES;. DIRE,CTI?JG
THE CITY SECRETAR`t TO FILE A NOTICE, OF ADOPTION OF THIS
ORDINANCE .+fITH THE COUNTY CLERK OF TARR~NT COUNT`, T~A3;
DECLARING THAT 'PHIS ORDINANCE AND ALL SUBSE:~UENT PROCE~INGS
RELATING TO SAID STREET Il~+iPROVEbI~IT ARE AND SHALL BE PURSUAPJT
TO THE ACT OF THE FIRST CALLED SESSION OF THE FGRTIETII LEGIS-
LATURE OF THE STATE OF TEXAS, CHAPTER 106, COl-IIf0[dLY K?T0;•J?d A3 •
ARTICLE 1105b Or^. UERNODTfS TEXAS CIVIL 3TATUTT,sS; AiJD DIRECTING
THE CITY SECRETAR3• TO 3NGR055 AND ENROLL THIS ORDIiJAD1CE B't
COPYING TI?E CAPTION OF iA?•LF 11T THE T•'D.N[ITL BOOK OF THE CITY
COUi1~'IL AND BY FILING THE COIvIl'LETE ORDNANCE IN THE APPROPRIATE,
ORDINANCE .4.ECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATL~.
• ~•IHEt ~+ S, the Public '.'orks Director for the i'ity of Fort :forth, Texas,:
has prepared Plans and Specifications for the improvements of the hereinafter described
portions of streets, avenues and public places in the City of Fort ~•dorth, Terns, and same
having been examined by the City Council of the City of Fort i;rorth, Texas, and found to be
in all matters and things proper, NO:i THER'~'ORE:
BE IT ORDAINED BY THE CITv COUNCIL OF•THE, CITY OF FORT `.•TOcZTH, TEXAS,
THAT:
I.
and adopted.
The hereinafter described Plans and Specifications are hereby approved
II .
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avernzes,and public places in the City of Fort 'n'orth, Texas,
to-wit:
GRAi~TBURY ROAD:. E`rom Trail bake Drive to the Bouthivest hoop, known and designated as
Unit No. 6.
each of the above described portions of streets, avenues and public
places.in the City of Fort ;•+orth, Texas, shall be improved b7)' raining, grading and filling
same and bTr constructing thereon the following, to-v,rit:
GRt~IS3URY R09D; From R'rail bake Dri~ce to the Southwest Loop, knovm. and designated
as Unit No, 6. 9. 7 inch reinforced concrete pavement.
The above, together with combined concrete curbs and gutters on proper grade and line
yrhere same are not already so constructed, together vrith 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 dpecificat~.ons therefor.
IU.
The cost of said improvements as herein defined shall be paid for as
follovrs, to-wit:
A. The propert~l abutting.on that portion of the street, avenus or
pubL c place and the real and true ovm ers thereof shall pay all of the cost of curbs and
gutters in front of their property and not exceeding nine-tenths (9~lOths) of the estimated
coat of the remainder. of such impro:rement>,
D. The Cit~r of Fort "orth shall pav all of the remainder of the cost
of said improvements after deducting the amounts herein specified to be paid by the abutt-
in~ properties and•the real and true o,rners thereof as set out in subsection A.
The amounts pa-•able b?r the ab~.attinr properties and the real and tr^ae
owners thereof shall be assessed against such properties and the real and true owners
thereof and shall constit,ate a first and prior lien upon such properties and a personal
liabil.it~r of the real and true ovrners thereof, and shall be parable as follozrs, to-~.rit:
;•lhen the improvements are completed and accepted b;T the Cit~r on a
particular unit, the slams assessed against propert<r ab~attins upon such completed and
accepted unit shall be and become payable in fire (5) equal installments, due respectivel?r
on or before thirt~r (30) da~~s, and one (1), two (2), three (3 ), and four (L,.) gears from
the.date of such completion and acceptance, and the assessments against the property abutt-
ing uporL'the remaining units shall be and become due and payable in such installments after
the date of completion and acceptance of such respective init. The entire amount assessed
against the particular parcels of propert-r shall bear interest from the date of such
completion and acceptance of the v-npro~•rements on the unit upon which the particular property
ab~.its at the rata of six (6;v) per cent per annum, payable anrnzally except as to interest on
the first installment, which shall be dice and parable on the date said installment matures,
provided that any ovmer shall have the right to pav env and~all of such installment at any
time before maturity by pav?.ng principal vri th interest accrued to the date of payment, and
further provided if default be made in the pa-.~ment of an-r installment promptly as the same
matures, then at the option of the .;itz= of sort 'Forth or its assigns, the entire amount of
the assessment ,zpon which such default is made shall be and become immediately dine and
payable; but it is specifically provided that no assessment shall i.n env case be made
against env propert=r 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 parti-
c+zlar property abuts, as ascertained at the hearing provided b~j the la.•r in force in the
City, nor shall env assessment be made ~n anzr case until after -notice of hearing as provided
b=,r levy. Said assessments against the respective lots and parcels of property and owners
ther.aof shall be evidenced b?r certificates of a special assessment which shall be executed
in the name of the City of Fort 'North, PROVIDE, however, that acting through its duly
authorized Director of Public '~!orks, the :~.t~r of fort '•'orth'retainin~? the right to authorize
payment of the stuns assessed against abuttinr* property upon such completed and accepted
unit in not more than forty-eieht eq~.aal regular monthl=* installments of not less than
X9.00 each, the first of such installments to become due and payable not more than 30 days
after the completion and acceptance b~* the City of the particular ,iru.t, PRO'JIDc'~ FU'~T?fuR,
that the ~.ty Attorne~r is hereby empovrered to authorize payments of said stuns in lesser
installments and~or over a longer period of time in cases in which the Director of Public
':'orks has previousl<r determined that an extreme financial hardship upon the property ovmer
vri11 otherwise result: and PROVID:~D FU:~Tfi~'R, that such method of pa~rments shall be authorized
only in instances :•rhere the owner or owners of propert,,*•abuttinF upon such completed and
accepted unit shall have execrated and delivered to the City of Fort '''orth a lawful, ~~alid
and binding note and inechanicfs and materialmanfs contract tapon forms supplied by the City
r~rantinr^ a mechanicrs lien uron and conveying the said abutting property in trust to secure
the payment by said ovmer or owners according to the terms thereof of the sums assessed
against such property.
T~ u
The assessments against the respective lots and parcels cf 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 P•5a:jor of said Cit;r and the Citp Secretary
shall attest the same and impress the corpoz~ate seal of the City thereon, and which may
have attached thereto coupons in evidence o~ the several installments, or in evidence of .
any of the installments in which the assessment is parable, which certificates shall be
issued to the City of Fort ;Gorth, shall recite the terms and time of pa-nnent, 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 ma;r be pertinent thereto, and shall
further recite substantially that all proceedings with reference to the making of such
improvements have been r.egularizr had in compliance vrith law, and that all prerequisites
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 facia 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 an;r installment promptly
as the same matures, then, at the option of the City of Fort c(orth, or its assigns, the
entire amount of the assessment shall be and become immediately due and payable, together
with reasonable attornezrps 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 anTT owner•or in des-
cribing an~r property or in an?l other matter or 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 exempt by law from the lien of special assess-
ment for street improvements shall izot invalidate any assessment levied. The certificates
referred to need not contain recitals in exactly the words above provided for, but the
substance thereof shall suffice, and they may contain other and additional recitals perti-
nent thereto.
VI.
aids having been advertised for as required by Article 1105b of the
revised Civil 3t~.tutes of Texas, and the bid of TiTorth Construction Co. ,.
having been found to be the lowest and best bid for the making and construction of said
improvements, the contract therefore is hereby awarded to j7orth Construction. Co. ,
at and for the prices stated in the Proposal of said company and as reported and recommen-
ded by the Public t(orks llepartment, which said report and recommendation is on file with
the Cit~r, the City Manager, and City 5ecretarv are hereb-* 3irected to execute the said
contract in the name of the City of Fort ~~'orth, 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 Cit;,r of
Fort `.forth, Texas, by said contract, there is hereby appropriated out of available funds
and current revenues of the CitS*, an amount sufficient to parr said indebtedness so incurred.
VIII.
' The improvements provided for herein shall be made and constructed,
notice given, hearing held and assessment levied and aLl. proceedings taken and had in accord-
ance with and under the terms of the powers and provisions of Chapter 10~ of the Acts of
the First Called Session of the Fortieth Legislature of the State of Texas, now shown as
Article ll05b of Vernonps Texas Civil Statutes, which law has been adopted•as an amendment
to and made a part of the Charter of the City of Fort Worth, 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 improvements in each unit according to the cost of the improvements in that unit and
according to the benefits arising from the improvements in that unit.
X.
In making assessments, if the name of the owner be unknown, it sha]1
c;e sufficient to so state the fact, and if any property be owned by an estate or by any
f'i.rm or corporation, it shall be sufficient to so state, and it shall not be necessary to
give the correct name of the owner, but the real and true owners of the property mentioned
shall be liable and the assessments against the property shall be valid.
XI.
• The Director of Public Works of the City of Fort Worth, 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 o3' the powers and provisions
of the Charter of the Citp of Fort irlorth, Texas.
XZI .
The City Secretary is directed to prepare, sign and file with 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 Legislature 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 shown as Article 1220a of Vernonts Texas
Civil Statutes.
XIII.
• The City Secretar, is hereby directed to engross and enroll this
ordinance by copying the caption of same in the Minute Book of the City Council and by
filing the complete ordinance in the appropriate Ordinance Records of this City.
XIV.
This ordinance shall take effect and be in full force and effect from
and after the date of its passage.
PASSED AND APPROVED THIS ~/ DAY OF_:~ '19~`--•
APPROVED AS TO FORM .AND LEGALITY:
.~~ .T~
City Attorney