Loading...
HomeMy WebLinkAboutOrdinance 6120 a ORDINANCE NO, AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF JACKSBORO HIGHWAY (STATE HIGHWAY 199) BETWEEN WHITE SETTLEMENT ROAD AND NORTH SIDE DRIVE IN THE CITY OF FORT WORTH, TEXAS; AP- PROVING PLANS AND SPECIFICATIONS OF THE TEXAS HIGHWAY DEPART- MENT FOR THE PAVING AND WIDENING OF THE ROAD SURFACE AND THE CONSTRUCTION OF CURBS, GUTTERS, DRIVEWAYS AND STORM SEWERS; AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE TEXAS HIGHWAY DEPARTMENT FOR THE MAKING' AND CONSTRUCTION OF SUCH IMPROVEMENTS, MAKING APPROPRIATIONS FOR THE PURPOSE OF PAY- ING THE INDEBTEDNESS THEREBY INCURRED; MAKING PROVISIONS FOR - THE -LEVYING OF ASSESSMENTS AGAINST THE ABUTTING PROPERTIES ' AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH .IM- PROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS 'ORDINANCE WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE 40TH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE. 1105b OF THE VERNON'S CIVIL STATUTES AS AMENDED BY ACTS 1967, 60TH LEGISLATURE, PAGE 365, CHAPTER 176, EMERGENCY EFFECTIVE MAY 12, 1967; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COM- PLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY AND PROVIDING AN EFFECTIVE DATE, WHEREAS; the Public Works Director of the City of Fort Worth has approved. plans and specifications of the Texas Highway Department for the improve- ment of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, and same having been examined. .by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper, NOW THEREFORE: i BE -IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted. i i I I i II, There exists a public necessity for the improvement of the hereinafter described portions of streets, avenues and pub- lic places in the City of Fort Worth, Texas, to-wit: I JACKSBORO HIGHWAY From approximately 366' east of North Commercial Street to University Drive, known and designated as Unit 1, Project No. 104-35000-309. I III, Each of the above described. portions of streets, avenues and. public places in the City of Fort Worth,. Texas, shall be improved by raising, grading, and. filling same and by constructing thereon the following, to-wit: I JACKSBORO HIGHWAY From approximately 366' east of North + Commercial Street to University Drive; I an 8-inch thick concrete surface on a six- j lane, 68 feet wide roadway. I i I i I i IVB The cost of said improvements as herein defined shall be paid for as follows, to-wit: A. The property abutting on that portion of the street, avenue orpublic place and the real and. true owners thereof shall pay all of the cost of curbs, gutters and driveways in front of their property and not exceeding nine-tenths (9/10) of the estimated cost of the remainder of such improvements, exclusive of the surface of the roadway. B. The Texas Highway Department having heretofore agreed to pay the cost of improving and paving the surface of the roadway, the City of Fort Worth shall pay all of the remainder of the cost of said. improve- ments after deducting the amounts herein specified to be paid by the Tex- as Highway Department and by the abutting properties and the real and true owners thereof as set out herein. i The amounts payable by the abutting properties and the real and true owners thereof shall be assessed against such properties and the real. and true. owners thereof and shall constitute a first and prior lien upon such properties anda personal liability of the real and true owners thereof and shall be payable to-wit: I i when the improvements are completed, and accepted by the City on . a particular unit, the sums assessed against property abutting upon such completed and accepted units shall be and become payable in five (5) .equal installments, due respectively on or before thirty (30) days, and 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 payable in such installments after the date of completion and acceptance of such respective unite The ! entire -amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the im- provements on the unit upon which the particular property abuts at the rate of six (6%) percent per annum, payable annually except as to interest on .the first installment, which shall be due and payable on the date said i 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 prin- cipal "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 which such default is made shall be and become immediately due and payable; but it is specifically provided e 6 I I ` I I that no assessments 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 improvements in the unit upon which the particular property abuts, as ascertained at the hearing pro- vided by the law in force in the City, nor shall any -assessment be made in any case until after notice of hearing as provided by law. Said as- sessments against the respective lots and parcels of property and. owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort Worth, PROVIDED, how- , ever, that acting through its duly authorized Director of Public Works, the City of Fort Worth retains the right to authorized payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty-eight equal regular 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 by the City of the particular unit, PROVIDED FURTHER, that the City Attor- ney is hereby empowered to authorize payments of said sums in' lesser in- stallments and/or over a longer period of time in cases in which the Di- rector of Public Works has previously determined that - an extreme finan- cial hardship upon the property owner will otherwise result and PROVIDED FURTHER, that such method of payment shall be authorized only in instances where the owner -or owners of property abutting upon such completed and ac- cepted 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 con- veying the said abutting property in trust to secure the payment by said I owner or owners according to the terms thereof of the sums assessed a- gainst such property. I V. The assessments against the respective lots and parcels of prop- erty 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 j shall be issued to the City of Fort Worth, 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 substan- tially that all proceedings with reference to the making of such improve- i e i i I ments have been regularly had in compliance with law, and that all pre- requisites to the fixing of the assessment lien against the property de- scribed 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 j proof shall be required in any court, and the said certificates shall provide substantially that if default be made in the payment of any in- stallment 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 at- torney' 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 I except State, County, School District, and City ad valorem taxes. No er- ror or mistake in naming any owner or in describing any property or in any other, matter or thing, shall invalidate any assessment or any, certif- irate 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 pf._special assessment for street improvements shall not invalidate any assessment levied. The certificates referred to need not contain recitals j in exactly the words above provided for, but the substance thereof shall suffice, and. they may contain other and additional recitals pertinent thereto. VI, The Texas Highway Department having heretofore agreed to perform all of the work in constructing the improvements described herein, and. having determined that the portion of the cost of such work to be paid. by the City and/or the abutting properties and the real and true owners thereof will be $40, 600,00 and same having been approved and recommended. as acceptable by the Director of Public Works of the City of Fort Worth, the City Manager is hereby authorized to complete the execution of such agreement with the Texas Highway Department and to proceed with the work, j VII, To provide for the payment of the indebtedness incurred by the City of Fort Worth, Texas, by said contract, there is hereby appropriated 1 out of available funds and current revenues of the City, an amount suffi- cient to pay said indebtedness so incurred. I i i i I I VIII, The improvements provided for herein shall be made and constructed, notice given, hearing held and assessment levied and all proceedings tak- en and hadin accordance with and. under the terms of the powers and pro- visions of Chapter 106 of the Acts of the First Called Session of the 40th Legislature of the State of Texas, now known as Article 1105b of Vernon' s Texas Civil Statutes, as amended, which law has been adopted as an amend- ment 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 I the - improvements in that unit and according to the benefits arising from i the improvements in that unit. X. In making assessments, if the name of the owner be unknown, it l shall be sufficient to so state the fact, and if any property be.-owned 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 own- er, but the real and true owners of the property mentioned shall be li.a- j ble and the assessments against the property shall be valid. i XI, The Director of Public Works of the City of Fort Worth, Texas, A be and he is hereby ordered and directed to file with the City Council, 1 estimates of the cost of such improvements in each unit, in accordance with the terms of the powers and provisions of the Charter of the City of Fort Worth, Texas, XII. The City Secretary is directed to prepare, sign and file with the County Clerk of Tarrant County, Texas, a notice in accordance with the I I I II provisions of the Act passed at the Fifth Called Sessionofthe 41st 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 known as Article 1220a of Vernon' s Texas Civil Stat- utes, i XIII_ The City Secretary is hereby directed to engross and enroll this s ordinance by copying the caption of same in the Minute Book of the City Council . and by filing the complete ordinance in the appropriate Ordi- nance Records of this City. + XIV. f This ordinance shall take effect and be in full force and effect from and after the date of its passage, I PASSED AND APPROVED THIS DAY OF Aj f APPROVED AS TO FORM AND LEGALITY: r City Attorney i z i Ci� I o ,Fort- Worth, Texas = Mayor- and, Council,- Communication AAA DATE REFERENCE SUBJECT:: Establishment of Hearing Date PAGE NUMBER for ''Assessment Paving-- Jacksboro, Highwa 6/16/,6§ C-1499 from a proximatel .-366 feet East of Nort 1 °f 2_ Commercial S reet ,to ,University Drive Council action on the project described below is requested. Project Description This project ..consists of,widening Jacksboro Highway from White Settlement to. Northside brive. Thq present rural highway-type facility is 40 feet wide. . It will be improved-'by constructing concrete curbs and gutters and ad#tional pavement -to provide a,six-lane .roadway 68 feet wide except for the bridge and bridge approaches over the Trinity River, which will remain 40 feet wide. Tke Texas- Highway Department. will pay .for the pavement widening, and the City, will pay..for the curbs, gutters , driveways, and storm sewers with .a portion:of this cost to be assessed against the owners of,-,the abutting property. . The City of Fort Worth has entered into, an agreement with Texas ,Highway Depart- ment as outlined:in M&C C71461, dated April 14, ,1969, and M&C,G-1372, dated May 19, 1969, wherein the. Texas Highway Department has -agreed to pay the cost of improving and paving the surface of. the roadway; the City of Fort Worth shall pay all of the remainder of. the cost of eaid' improvements after deduct- ing th'e amounts herein specified to be paid by, the Texas -Highway Department and by the abutting property owners. Recommendations It is recommended that: 1) The following bond fund transfer be approved: Amount From To Purpose �18,670.20 u ose 18,670.20 042-09724-901 042-10435-309 To provide for property ownersportion 2) That an ordinance be adopted: a) Declaring the necessity.for and ordering the improvements; �b) Making=provis.ions__,for levying the assessments; c) Directing- the Public Works Department to prepare estimates -of._ costs. and.amounts proposed to b e assessed;, d) • Authorizing the,City ;Manager to execute an 'agreement with the Texas Highway Department -whereby the City-agrees:.to pay $40,600..00 in accordance with the agreement approved on MWC-1461, dated 4/.14/69; and-M&C- G-1372, dated 5/19/69. DATE REFERENCE SUBJECT: Establishment of Hearing Date PAGE 6/16/69 . NUMBER for Assessment, Paving - Jacksboro Highwa 2 2 C-1499 from approximately. 366 feet East .of Nort or Commercial Street to University Drive 3) That an _ordinance be adopted:- a) dopted:a) Approving the estimates of,.cost and total amounts proposed to be assessed; and, b) Setting July 14, .1969, as the date of -the Benefit Hearing. HDM:ms SUBMITTED BY: DISPOSITION COUNCIL: PRO SSED BY APPROVED ❑ OTHER (DESCRIBE) c a CITY SECRETARY DATE CITY MANAGER