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HomeMy WebLinkAboutOrdinance 5239 ORDINANCE NO.-.,� � AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVID- ING FOR THE IMPROVEMENT OF A PORTION OF EM S7FdW' _ PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO S.R.O. ASPHALT,INC, ARLINGTON, TEXAS FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT- EDNESS THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS- MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER. TIFICATES 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 SUBSE- QUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACI' OF THE FIRST CALLED SESSION OF THE FORTIETH LEG- ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; 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 COMPLETE ORDI- NANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Public Works Director for the City of Fort Worth,Texas, has prepared Plans and Speci- fications for the improvements 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: 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. II. There exists a public necessity for the improvement of the hereinafter described portions of streets, av- enues and public places in the City of Fort Worth, Texas, to-wit: 15. Fogg Street: From May Street to St. Louis Street, known and designated as Unit No. 15, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TEX. 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: 15. Fogg Street: From May Street to St. Louis Street, known and designated as Unit No. 15, a 6—inch hot—mix asphaltic concrete surface on a 30-foot roadway. 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 incidentals and appurten- ances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. IV. 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 or public place and the real and true owners thereof shall pay all of the cost of curbs and gutters in front of their property and not exceeding nine- tenths (9/10ths) of the estimated cost of the remainder of such improvements. B. The City of Fort Worth shall pay all of the remainder of the cost of said improvements after deduct- ing 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 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 and a personal liability of the real and true owners thereof, and shall be payable, to-wit: 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 unit 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 unit.The entire amount assessed against the particular parcels of property shall bear interest from the date of such completion and acceptance of the improvements on the unit upon which the particular property abuts at the rate of six (69o') per cent 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 princi- pal 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 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 improvements in the unit upon which the particular property abuts, as ascertained at the hearing provided by the law in force in the City, nor shall any assessment be made in any case until after notice of hearing as pro- vided by law. Said assessments 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, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize payment of the sums assessed against abutting property upon such com- pleted 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 Attorney is hereby em- powered 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 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 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 there- of of the sums assessed against such property. X. In making assessments, if the name of the owner be unknown, it 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 owner, but the real and true owners of the property mentioned shall be liable and the assessments against the property shall be valid. XL 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 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 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 Vernon's Texas Civil Statutes. XIII. The City Secretary 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 frond'Jafter the date of its passage. PASSED AND APPROVED THIS__._ DAY OF__ l.G�LDy , 19 APPROVED AS TO FORM AND LEGALITY: City Attorney r... 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 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 pertin- ent thereto,and shall further recite substantially-that all proceedings with reference to the making of such improvements have been regularly had in compliance with 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 there- of, 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 substan- tially that 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 shall be and become immediately due and payable, together wtilr 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 ad valorem taxes. No error or mistake in naming any owner or in describing any property or in any 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 assessment for street improvements shall not 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 pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised Civil Statutes of Texas, and the bid of S.R.O. ASPHALT,INC.,ARLINGTON, TEXAS , 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 S.R.O. ASPHALT, INC., ARLINGTON, TEXAS , at and for the prices stated in the Proposal of said company and as reported and recommended by the Public Works Department, which said report and recom- mendation is on file with the City, the City Manager, and City Secretary are hereby directed to execute the said contract in the name of the City of Fort Worth,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 Worth, 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 assessment levied and all proceedings taken and had in accordance with and under the terms of the powers and provisions of Chapter IOC, of the Acts of the First Called Session of the Fortieth Legislature of the State of Texas, now shown as Article 1105b of Vernon's Texas Civil Statutes, 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 the improvements in that unit and according to the benefits arising from the improvements in that unit. L NOTICE THE STATE OF TEXAS d COUNTY OF TARRANT 84666 Notice is hereby given that the governing body of the City of Fort Worth,Texas,has ordered and determined it to be necessary that the following portion of FOGG STREET' in the City of Fort Worth,Tarrant County,Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property abutting thereon, said portion of'street in the City of Fort Worth,Texas,being as follows: From May Street to St. Louis Streets known and designated as Unit No. 15. IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument be exe- cuted.,itr#t�; If and signed by its Mayor, this_�G_'_day of___.�/✓4✓tea - ,A.D., ,�..4 CITY OF ORT WOft'T �ATE By .''g'- �.' �•'�City secretary T STATE OF TEXAS lr COUNTY OF TARRANT 1 BEFORE ME, the undersigned authority, a Notary Public in and rfor the State and Countyaforesaid, on this day personally appeared—_ /—�+ known to me to be the person whose name is subscribed to the foregoing instrument,and acknowl- edged to me that he executed the same as the act and deed of the City of Fort Worth,a municipal corporation of Tarrant County, Texas, and as the Mayor thereof, and for the_purposes and con- sideration therein expressed, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D., 19 A ,. Notary Public in and for Tarrant County. Texas er rdi ` ed STATE OF 'TERAS CL1Lri1PJ'Y OF TAIi iANT 3. W. Q "RED" COWEX, Ulerk•GounlT Oontt of Tarrsrd County,Tessa, do Lereby certify that the above and foregoing instrument with its certificate of aathentication was fund fon regiatratfon.fn my office NOV 23 1964 19_ , at �'�loc�s.- mnd siIly�eH^eh e3�c'aa ffi.iin�. �'/ t�d?'s �.�.of•ted � for said Cmmty. WITNESS rosy&and.amA seal A w3fiog:at goat Words, tba A" mod date la.t siove widttan. Tart.r— "RED" COWErf Clerk:unty urt, Ta ant Coamy6 'Tmtaa +, +' ��Ut1ti%7FXe,5 10 F 19 AM '6.q o o AN COWEN L9 1 x n H H Aa ��w 2