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HomeMy WebLinkAboutOrdinance 4621 ORDINANCE MO. 446 2- AN AN ORDINANCE DETER,-IIIING THE NECESSITY FOR AA]D ORDERING AND PROVIDING FOR THE IPTROVE ENT OF A PORTION OF JONES STREET AND PORTIONS OF SUNDRY OTHER STIR,,7TS, AVENUES AND P U 1�LIC PLACES IN THE CITY OF FORuT WORTH, TEI%.45; LETTING CONTRACT TO T;T, E. BRITTAI1J, FOR THE I4iAKING AND CONSTRUCTIO111 OF SUCH DilIPROVE1,1EIITS AND AUTHORIZIT�TG ITS EXECUTIOIjI; PEAKING APPROPRIATIONS FOR THE PURPOSE OF P.AYIING THE INDrBTEDNESS THEREBY INCURRED; Iu1I'IIP,lG PROVISIONS FOR THE LE7YI.TTG OF ASSESSIiENTS AGAINST ABUTTING PROPERTIES AIM THE OMNERS THEREOF FOR A PART OF THE COST OF SUCH II,4PROVE1,'TNTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS:: DIRECTII`?G THE PUBLIC 7TORKS DIRECTOR OF THE CITY TO PREPAF?I; ESTITv_LkTES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE WITI THE COUNTY CLERK OF T_ARRE'2dT COUNTY, TEXAS; DECLARIiIG THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID ST7 T?T D,1`PROVEI'iENT AI?F AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSIO7 OF THE FORTIETH LEGISLATURE OF THE STATE OF '_71 _- S, CHAPTER 106, COPE,�7ONLY KNOWN AS ARTICLE 11O5b OF VERI'VON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECpLETARv TO ENGROSS AMD ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE 1JII?UTE BOOK OF THE CITY COUNCIL ARID BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. 7,ZIEP,_EAS, the Public Works Director for the City of Fort Worth, Texas has prepared Plans and Specifications for the improvement 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, NIMT THEREFORE: BE IT ORDAIP'LD BY THE CITY COUNCIL OF THE CITY OF FORT 7r,TORTII, TEXAS , THAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted. II. There eiists a public necessity for the improvement of the hereinafter described portions of streets , avenues and public places in the City of Fort Worth, Texas, to-wit: 1. Jones Street: From Bolt Street to Dickson Street, Known and Designated as Unit No. 1. 2. Jones Street: From Dickson Street to Ripy Street, Frown and. Designated as Unit No. 2. 3• Jones Street From Ripy Street to Biddison Street, Known and Designated as Unit NO. 3. 4. Vermont Avenue: From Felix Avenue to 100' South of Spurgeon Street, Known and Designated as Unit No. 4. 1. Jones Street: Unit No. 1, 1L" Hot-Hix Asphaltic con- crete surface on 7" cement stabilized gravel base on 30' roadway. 2. Jones Street: Unit No. 2, 11" Hot-Mix Asphaltic con- crete surface on 7" cement stabilized gravel base on 30' roadway. 3. Jones Street: Unit No. 3, 12" Hot-Mix Asphaltic con- crete surface on 7" cement stabilized. gravel base on 30' roadway. 4. Vermont Avenue: Unit leo. 4, 2" Hot-k,i-x Asphaltic con- crete surface on 10" crushed stone on 411 lime stabilized sub-base course on 40' roadwaz 5. Evans Avenue: Unit No. 5, lz" Hot-Mix Asphaltic con- crete surface on 7" cement stabilized gravel base on 30' 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 appurtenances; all of said improvements to be constructed as and, where shown on the Plans and Specifications therefor. TV. to-wit: The cost of s.id improvements as herein defined shall be paid for as follows, 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 deducting 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 as follows, to-grit: Wh-.en 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, 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 per cent (65,',) 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 principal with interest accrued to the date of payment, and name of the City of Fort Worth PROVIDED however, thatct' T a ing 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 completed and accepted unit in not more than forty-eight equal .regular monthly installments of not less that $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 FURTHEIR, that the City Attorney is hereby empowered 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 payments 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 thereof of the sums assessed against such property. 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 Playor 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 pertinent 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 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 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 imredia.tely due and payable, together with 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 tares. 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 pa.rticul-1 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 ?,T. E. Brittain, having been found to be the lowest anand best bid for the making and construction of said improvements, the contract therefore is be re- by awarded to W. E. Brittain, 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 .recommend- ation is on file with the City, the City 11ana.ger and City Secretary are hereby directed to e:.ecute the said contract in the name of the City of Fort 1^Torth, Texas, and to impress the corporate seal of +.hA r.;+5r 4_1,,_ ___ , , VIII. The improvements provided for herein shall be made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in accordance writh and under the terms of the powers and. prcvisions of Chapter 106 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 amendment to and made ,a part of the Charter of the City of Fort Worth, Teras, 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 improve- ments 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 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. Xi. The Director of Public i�Torks 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 powrers 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 being 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 _,,ecords o�: 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 196 . APPROVED AS TO FORT,! AND LEG_',LITY: CITY OF FORT WORTH, TEXAS ' THE SUBJECT M"_TTER 01" THIS '._T. �Y O F FORT WORT ]I mr: hwpme WAS PT.'.ES., Ill"EnD n13 THE: CT' Y COUNCIL IL AND WAS [�I� U d "dwift P&V t• ri110�isi'�j I Mayor and Council No. OW-993 City Secretary May 7, 1962 Honorable Mayor and Re: Assessment Paving of Jones Members of the City Council Street, Vermont Avenue, and City of Fort Worth Evans Avenue, Project No. Mrs. McKnight and Gentlemen: 94-B4-25, (AP-61-55) On March 26, 1962, the City Council authorized the paving of the following streets on an assessment basis: ROADWAY STREET NAME LIMITS WIDTH 1. Jones Street Bolt St. to Dickson St. 30' 2. Jones Street Dickson St. to Ripy St. 30' 3. Jones Street Ripy St. to Biddison St. 30' 4. Vermont Avenue Felix Ave. to 100' S. of Spurgeon St. *40' 5. Evans Avenue Waggoman St. to Donna St. 30' Bids were received on April 24, 1962, and the following is a tabulation of the bids submitted for construction of this project: BIDDER BID QUOTATION W. E. Brittain $65,395.08 Worth Construction Co. $68,318.58 Texas Bitulithic Co. $68,807.86 Glade Construction Co. $729361.06 General Construction Co. $73,106.85 It is recommended that the following ordinances be adopted: 1. An ordinance declaring the necessity for and ordering the improvements; making provisions for the levying of assess- ments; directing the Public Works Department to prepare estimates of cost and amounts to be assessed; awarding the contract to W. E. Brittain on its low bid of $65,395.08; and making appropriations to cover the indebtedness thereby incurred for improvement of the streets named above. Vermont is a 60' right-of-way with the abutting property being zoned industrial. To facilitate truck traffic a 40' roadway width is proposed with the property being assessed for a 40' roadway. M & C PW-993 May 7, 1962 Page Two 2. An ordinance approving the estimates of cost and amounts proposed to be assessed; and setting May 28, 1962, as the date for the benefit hearing. Res ectfully submitted, . Cockingham City Manager LPC:eln