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HomeMy WebLinkAboutOrdinance 2539 4 ORDINANCE NO.,16 AN ORDINANCE APPROVING AND ADOPTING THE DIRECTOR, OF PUBLIC WORK'S WRITTEN STATEMENT AND REPORT OF THE ESTIMATES OF THE TOTAL COSTS OF ALL THE IMPROVEMENTS, OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF, OF THE COST PROPOSED TO BE ASSESSED AGAINST RAILWAYS AND THE REAL AND TRUE OWNERS THEREOF, AND OF VARIOUS OTHER COST FOR THE IMPROVING OF NORTH- WEST TWENTY-FIFTH STREET, UNIT NO. ONE, FLORENCE STREET, UNIT NO. TWO, AND EAST SECOND STREET, UNIT NO. THREE, WITHIN THE LIMITS HEREINBELOW DESCRIBED, IN THE CITY OF FORT WORTH, TEXAS, AND OF OTHER MATTERS RELAT- ING THERETO; DETERMINING AND FIXING THE PORTION OF SAID COSTS, AND THE RATE THEREOF PROPOSED TO BE ASSESS- ED AGAINST, AND PAID BY, SAID ABUTTING PROPERTY AND SAID RAILWAYS AND THE REAL AND TRUE OWNERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF FORT WORTH, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY AND SAID RAILWAYS AND THE REAL AND TRUE OWNERS THEREOF FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A HEARING AT 9x30 01CLOCK A. M. ON THE 16th DAY OF —Tune , 1946, Ili THE CITY COUNCIL CHAMBER IN THE CITYOF THE CITY OF FORT WORTH TEXAS, AS THE TIME AND PLACE FOR A DARING OF THE KM AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND SAID RAILWAYS, AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY AND SAID RAILWAYS OR IN SAID PROCEED- INGS AND CONTRACT, CONCERNING SAID ASSESSMENTS, PROCEED- INGS AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF FORTH WORTH, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. The City Council of the City of Fort Worth, Texas, hereby finds and determines: (a) That the City Council of the City of Fort Worth, Texas has heretofore by ordinances duly enacted on October 1, 1947, May 21, 1947, and November 30, 1946, respectively, determined the necessity for, and ordered, the improvement of portions of North- west Twenty-Fifth Street, Florence and East Second Streets, within the limits hereinafter defined, in the City of Fort Worth, Texas, in the manner and according to the plans and specifications therefor, which plans and specifications have heretofore been approved and adopted by said City Council, said streets and the portions thereof so ordered improv- ed being as follows, to-wit: NORTY;MST TWENTY-FIFTH STREET, from the South line of Macie Avenue to the south line of Lydon Street, known and designated in the contract herei.nnfter identified as Unit No. One, FLORENCE STREET, from the northerly line of Aest Weatherford Street to the southerly line of West Belknap Street, known and designated in the contract hereinafter identified as Unit No. Two. EAST SECOND STREET, from the westerly line of Elm Street to the easterly line of Calhoun Street, save and except the intersection of Jones Street, known and designated in the contract hereinafter identified as Unit No. Three. (b) That notices duly executed in the name of the City of Fort Worth, Texas, of the enactment of said above described ordinances have heretofore been filed with the County Clerk of Tarrant County, Texas, in which said city is situated, on the 7th day of ;neer , 194 , in reference to Northwest Twenty-Fifth Street, and on the29th day of !,-.ay , 19-V , in reference to Florence Street, and on the 9th day of January , 194,7, in reference to East Second Street. (c) That after advertising for bids for the construct- ion of said improvements in the manner and for the length of time as required by the law and the Charter of said City, the lowest secure bid of Brown & Root, Inc. was accepted and contract duly awarded to said Brown & Root, Inc. for the construct- ion of said improvements, by ordinance duly enacted on April 7, 1948, which contract is dated April 7, 1948; and (d) That the City Council has caused the Director of Public Works to prepare and file estimates of the costs of such improvements on the portions of said streets to be improved, and estimates of the amounts per front foot proposed to be assessed against the property abutting upon said streets within the limits above defined, and the real and true owners thereof, and of the amounts proposed tt be assessed and taxed against the railways using, occupying or crossing said streets, and the real and true owners thereof, and said Director of Public Works has heretofore filed said estimates, and a statement of other matters relating thereto with said City Council and same has been received, examined and ap)roved by said City Council; and that in accordance with said statement of estimates so filed by said Director of Public Works and herein approved, the amounts and rates of said estimated costs are as hereinafter stated and set out in Section 2 hereof. -2- SECTION 2. That the written statement and report of the Director of Public Sdorks, heretofore filed with the City Council, showing the estimated total costs of all improvements on each of said streets to be improved, as hereinabove described and designated as Units Nos. 1, 2 and 3, the estimated amounts per front foot proposed to be assessed against the abutting property, and the real and true owners thereof on each of said streets or Units for said improve- ments, the estimated total amounts of the costs of said improve- ments on each of said streets or Units gs proposed to be assessed against said abutting property and the real and true owners thereof, the estimated amounts proposed to be assessed and taxed against railways and real and true owners thereof for said improvements on each of said streets within the area between and under any rails, tracks, double tracks, turnouts and switches, and two feet on each side thereof, of said railways using, occupying or crossing said streets or units, and the estimated amounts of said costs on each of said streets or units proposed to be paid by the City of Fort Worth, Texas, and other matters relative thereto, having been received and examined by the City Council, said statement and estimates are hereby in all things approved and adopted; and it is hereby found and deter- mined by the City Council that the amounts and estimates of the respective items of costs of said improvements as above described on each of said streets or units are as follows, to wit: NORTM,1EST TWENTY-FIFTH STREET, UNIT NO. 1: The amount per front foot proposed to be assessed against the abutting property, and the real and true owners there- of for curb and gutter, is X1.65 per front foot. The amount per front foot proposed to be assessed against the abutting property and the real and true owners there- of for said improvements, exclusive of curb and gutter is 134.80 per front foot. The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is 9"6.45 per front foot. -3- r The estimated amount of the cost of said improvements proposed to be assessed against the, abutting property and the real and true owners thereof is $7,740.00. The estimated amount of the cost of said improvements proposed to be paid by the City of Fort Worth, Texas, is the amount of $2,901.16. The estimated total cost of all the improvements is the emount of $10,641.16. FLORENCE STREET, UNIT NO. 2. The amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for curb and gutter, is $1.65 per front foot. The amount per front foot proposed to be assessed against the abutting pr5perty and the real and true owners there- of for said improvements, exclusive of curb and gutter, Is $9.45 per front foot. The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is $11.10 per front foot. The estimated amount of the cost of said improvements pro- posed to be assessed against the abutting property and the real and true owners thereof is $4,440.00. The estimated amount of the cost of said improvements pro- posed to be paid by the City of Fort Worth, Texas, is the amount of $784.40. The total amount of cost of all the improvements, as estimated, is the amount of $5,224.40. EAST SECOND STREET, UNIT NO. 3: The amount per front foot proposed to be assessed against the abutting property, and the real and true owners there- of for curb and gutter, is $_L.65 per front foot. The amount per front foot proposed to be assessed against the abutting property and the real and true owners there- of for said improvements, exclusive of curb and gutter is $L.9-5-per front foot. The total amount per front foot proposed to be assessed against the abutting property and the real and true owners thereof for all of said improvements is $1.60 per front foot. The estimated amount of the cost of said improvements pro- posed to be assessed against the abutting property and the real and true owners thereof is$17 ,5i6 m . The estimated amount proposed to be assessed against the Gulf Colorado & Santa Fe Railway Company , for said Improvement between and under its rails, tracks, double tracks, turnouts and switches, and two feet on each side thereof is $25,,970.00. -4- The estimated amount of the cost of said improvements proposed to be paid by the City of Fort Worth, Texas, is the amount of 4, 10}913.00 The estimated total cost of all the improvements is the amount of 048.419.00 SECTION 3. That a portion of the cost of said improvements shall be paid and defrayed by the City of Fort Worth, Texas, and that a portion of the cost thereof shall be assessed against and paid by the property abutting said streets within the limits above defined, and the real and true owners thereof, and a part of said costs shall be assessed against, and paid by, the railways using, occupying or crossing said streets, and the real and true owners thereof, in accordance with, and in the manner provided by the Acts of the 40th Legislature of the State of Texas, First Called Session, Chap. 108, known and shown as Article 1105-b of Vernon's Annotated Civil Statutes of Texas, as amended, and as adopted by Section 17 of Article XXIII of the Charter of said City, and that the total cost of said improvements on each of the portions or Units of said streets as hereinabove described shall be, and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) That the entire cost of constructing, re-constructing of repairing said improvements within the area between and under the rails, tracks, double tracks, turn-outs and switches, and two feet on each side thereof, of any rail- way using, occupying or crossing each of said streets or Units shall be paid by the respective real and true owners thereof, and assessed and taxed against such railways and their road-beds, ties, rails, fixtures, rights and fran- chises, and the real and true owners thereof, in the manner provided by the terms and provisions of said acts of the 40th Legislature of the State of Texas (1927) above identified. The amounts to be paid by and assessed against such railways shall be payable in installments at the times and in the manner as hereinafter provided for the amounts payable by the owners of abutting properties and shall bear interest at the rate of six (6) per cent per annum all in a like manner as said amounts payable by said abutting prop- erty owners. Said cost to be so paid by such railways, being in the amounts as hereinabove set out in Section 2 hereof. -5- (b) The property abutting u_.on each of said streets or Units, and the real and true owners thereof, shall pay all of the cost of the curbs and gutters in front of their res ective property and not exceeding nine- tenths (9/10) of the estimated cost of the remainder of such improvements, exclusive, ro,:ever, of the anount thereof, if any, herein specified to be paid by the owners of any railways as set out above in subsection (a) hereof; provided, however, that in no event shall said remaining costs of said improvements which are to be paid by, and assessed against said abutting prop- erties and the real and true owners thereof, exceed nine-tenths (9/10) of the estimated total costs of said improvements on such portion of said street or Unit, exclusive of the cost of the curbs and gutters thereon in front of their respective property, said costs being at the rate of, and in the amounts, as hereinabove set out in Section 2 hereof. Said portion of said costs for such improvements shall be assessed against said abutting property and the real and true owners thereof; provided, however, that no amount shall be assessed against such abutting property and the real and true owner or owners thereof in excess of the special benefits resulting to such property by reason of the construction of said improve- ments. The costs which may be assessed against such abutting property and the real and true owners thereof shall be in accordance with the "Front Foot Rule or Plan", in proportion as the frontage of such property is to the entire frontage to be improved on each portion of said street or unit; providing further, that if it shall appear at the hearing on special bene- fits given to said owners, as hereinafter provided for, that the application of such rule or plan will result in inequality or injustice, then such rule of apportion- ment shall be applied as will, in the ,judgment of the City Council, ?)roduce substantial Justice and equality between respective parcels of property and the real and true owners thereof, considering the special benefits to be received and the burdens imposed, all in accordance with, and as provided for in said Acts of the 40th Legislature of the State of Texas, First Calle& Session, Chap. 108, as hereinabove identified. That the amounts payable by the real and true owners of said abutting property shall be paid, and shall be- come payable in five (5) equal annual installments, one of which shall be due and payable in twenty (20) days after the completion of said improvements on the portion of said street or Unit upon which the respective prop- erty of said owners abut, and the acceptance therof by the City Council of the City of Fort 'forth, Texas, and aaother installment in a like amount in One (1), two (2), three (3), and four (4) years from and after such acceptance, respectively, together with interest there- on from said date of acceptance at the rate of six per cent (60) per annum, payable annually; but said property owners shall have the privilege of paying any and all of said installments before their maturity by paying princi- pal and accrued interest to the date of said payment. (c) The City of Fort ';forth, Texas shall nay all of the remainder of the costs of said improvements after deduct- ing the amounts hereinabove specified to be paid by any railways and by the abutting property, and the real and true owners thereof, as set out above in subsections (a) and (b), said costs being in the amounts as hereinabove stated in Section 2 hereof. -6- SECTICN 4, A hearing shall be held and given to the real and true owners and all owning or claiming any interest in any property abutting upon said portions of Streets or Units within the limits above defined, or in any railway using, occupying, or crossing any of said Streets or Units, and to all others owning, claiming or Interested in said property, said railways or any of said matters as to the assessments and as to the amount to be assessed against each parcel of abutting property aagJ each such railways, and the real and true owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, or concerning any error, invalidity, irregularity or deficiency in any proceeding or contract with reference thereto or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of the City of Fort Worth, Texas, in the City Council Chamber in the City Hall of the City of Fort ',forth, Texas, at � :Y) o'clock A. M. on the 1^day of June , 1948, at which time and place all persons, firms, corporations or estates, owning or claiming any such abutting property or railway, or any interest therein and their agents or attorneys, or persons interested in said proceedings, shall be notified to appear and to be heard in person, or by counsel and may offer evidence; and said hearing may be adjourned from day to day and from time to time and kept open, until all evidence and protests have been duly offered and heard; and the City Secretary of the City of Fort Worth, Texas, is hereby directed to give notice of said hear- ing by publication of notice in some newspaper of general circulation In the City of Fort 'north, Tarrant County, Texas; said notice shall be published at least three (3) times in said newspaper before the date set for hearing, the first of which publications shall 'be at least ten (10) days prior to the date of said hearing, and such notice by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance with the terms and provisions of said Chapter 106, of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, known -7- as Article 1105-b of the Revised Civil Statutes of Texas and amend- ments thereto. JSECTION 5. Following such hearing as above provided, assessments will be levied against said abutting property and said railways, and the real and true owners thereof, for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and said railways, and the real and true owners thereof, and which assessment against said abutting property shall be a first and prior lien upon said abutting property and a personal liability and charge against the real and true owners thereof, and which assessnents against said rail:•.ays shall be a special tax upon said railway and its road-bed, ties, rails, fixtures, rights and franchises, which tax shall constitute a first and superior lien thereon, and a personal liability and charge against the real and true owners thereof. In levying said assessments and special tax, if the name of the owner be unknown, it shall be sufficient to so state the fact, and if said abutting property be owned by an estate or by any firm or corporation it shall be sufficient to so state the fact, and it shall not be necessary to give the correct name of any such owner and no error or mistake in attempting to name any such owner or in describing any of said property or Railways shall invalidate any assessment, special tax, or certificate issued in evidence thereof; but, nevertheless, the real and true owners of said abutting _aroperty and said railways shall be liable, and the assessment against said abutting property and the special tax upon said railtrays, shall be valid whether or not such owner be named, or correctly named, or said property or railway correctly described therein. SECTION 6. Each portion of said streets hereinabove described and designated by Unit numbers constitutes a separate and independent Unit of the improvements and shall be improved and the improvements constructed therein as separate and independent from each and every -8- other Unit of said Streets, and the assessments to be levied for said improvements in each Unit or _aortion of said streets shall be altogether separate and distinct and independent of and from the assessments to be levied in every other of said Units and portions of said streets, and in making and levying said assessments against the property abutting upon one of said Units, no matter or circumstance in connection with any other of said Units shall be considered or have any effect upon the other, all as fully and to the same extent as if separate proceedings and contracts had been had and executed with reference to the improvements to be made in each of said Units. SECTION 7. This ordinance shall take effect and be in full force from and after its passage. PASSED A11D APPROVED, this the day of , 1948. MAYOR OF CITY OF FORT WORTH, ATTEST: TEXAS CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY -9- S S S S O i OO Ey c''Oi'� t�f1 O H O � Oma+ to q 69 UN .moi b g� r I e-1 rl rl U U O U 0 .a �.N A m H 4344 P4 O 43 U +3 °' a` S S S g g � �U N N O w w q s s s ■ Psi si N E~ P H s � (mak a ■ s l O 0 x D ID O OR H M en CNBC b m Pq 1 O c,�{5 +3 o ?. ?4 P o HEy-4i m 4)F-4 O C-E m �O�p • V %D O H PHCU ��Aw 43 03 +Pti^U +� N N • o o k w� a aim �m ID '".� rte. �« a o a to m bN°� .'i W 4-> m 9 b N O b '-I . 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