HomeMy WebLinkAboutOrdinance 4529 ORDINANCE 110. C?
AN 01MINANCE DETER1,-INI1,7G THE NECESSITY FOR A!'.'D ORDERING AND
PROVIDING FOR THE IMPROVEbFiENT OF A PORTION OF RIVERSIDE DRIVE
AND PORTIONS OF SUi,!DRY OTHER STREETS, AVENUES AND PUBLIC PLACES
IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO TEXAS
BITULITHIC COJ,4PA1,1Y FOR THE i4AKIIIJG AND CONSTRUCTION OF SUCH
I1'v1PRGVEJ,.-"1E1,1TS AND AUTHORIZI14G ITS EXECUTION; MAKING APPROPRIATIONS
FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED;
MAKING PROVISION FOR THE LEVYING OF ASSESST,;,ENTS AGAINST ABUTTI14G
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF SUCH
IbIPROVE-14EI-ITS AI-ID THE ISSUPINCE OF ASSIG'1'dABLE CERTIFICATES IN
EVIDENCE OF SUCH ASSESS1,4ENTS; 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 CCUI,._'TY, TEXAS; DECLARING THAT THIS
ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TC SAID STREET
IYiPROVF2v!ENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST
CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE OF
TEXAS,, CHAPTER 106, COMMCNLY KNUWN AS ARTICLE 1105b OF VERNON'S
TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS
AND ENROLL THIS ORDIi"jANCE By COPYING THE CAPTION OF SXvIE IN THE
MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE
ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THIS CITY; AND
PROVIDING AN EFFECTIVE DATE.
1,1HEREAS, the Public Works Director for the City of Fort Worth, Texas, has
prepared Plans and Specifications for the improvement of the hereinafter described I 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 VVORTH, TEXAS, THAT:
I.
adopted. The hereinafter described Plans and Specifications are hereby approved and
Ii.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and public places in the City of Fort Worth, Texas, towit:
1. Riverside Drive: From the northerly line of Lot 34, Lincoln
Place Addition to the southerly line of East
1st Street, known and designated as Unit No. 2.
2. Huffman Street: From the easterly line of Retta Street to the
westerly line of Riverside Drive, known and
designated as Unit No. 3.
3. Booker Street: From the easterly line of Retta Street to the
westerly line of Riverside Drive, known and
designated as Unit No. 4.
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 as follows, to-wit:
Riverside Drive, Unit No. 2: A reinforced concrete pavement;
Huffman Street, Unit lio. 3. A 32" Hot-I: ir Asphaltic Concrete Surface
on 8" Crushed Li ,:estone Ease:
Booker Street-, unit No. 4. A 32i' Hot-I'.`iix Asphaltic Go, trete Surf ace
on 8" Crushed Limestone base.
The above, together combined concrete curbs arid gutters on proper grade a:,:�d line where
same are not already so constructed, together �)iith storm seh;ers and drains and, other necessary
incidentals and appurtenances; all of said improvements to be constructed as and ti,,,here shown
on the Plans and Specifications, therefore.
IV.
The cost of said improvements as herein defined shall be paid for as follows,
to-wits
A. The property abutting on that portion of the street, avenue and public place
and the real and: true ovmers ti-Iereof shall_ pay all of tire cost of curbs and gutters in front
of their property and not exceeding nine-tenths (9/10tI_is) of the estimated cost of the
remainder of such improvements.
D. The City of Fort JjojtLIn small pay all of the remainder of the cost of said.
improvements after deducting the amounts he_ein specified to be paid by the abutting properties
and the real and -true owners ti`ereof 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 ovners thereof and shall
constitute a first a prior lien upon such properties and a personal liability of the real and
true owners, thereof, and shall be payable as follows, to-v.rito
;Jhien the improvements are completed and accepted by the City on a ,:)articular unit,
the sums assessed against property abutting upon such completed and accepted unit shall be
and become payable in five (5) equal instal Lrments, 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 ;_articular parcels of property
shall bear interest from the crate of such completion and acceptance of the irmprcvements on
the unit upon ,,inich the particular property abuts at the -rate of six per cent (o�) per annum,
payable annually except as to interest on the first install ;ient, which shall be due and
payable on the date said installment matures, provided that any o,,,ner 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 further prodded if default be made in the pay-
ment of any installment promptly as the same matures, when at -he option of the City of Fort
V`dorth or its assigns, the entire amount of the assessment upon which such default is n,,ade
shall be and become immediately clue and pa;-able; but it is specifically provided that no
assessment. shall in any case be i-�,,iade against arty propert�,r or any ovner tl.ereo, in excess of
the special benefits to prope-rty in the enhanced value thereof by means of said improvements
in the unit upon 1,%rhich the particular property abuts, as ascertained at the hearing provided
by the lava in force in the City, nor shall any assessment be made in any case until after
notice and hearing as provided by law. Said assessments against the respective lots and
parcels of property and owners thereof small be evidenced by certificates of a special
assessment which shall be executed in the name of the City 011 Fort I�Jorth, PROVIDED, however,
that acting through its duly authorized Director of Public �iJorks, the City of Fort ilorth
retaining the right to authorize palyaent of -the sums assessed against abutting property upon
such completed and accepted unit in not more than forty-eight equal regular monthly install-
ments of not less than $9.00 each, the firs-- of such installi:-,ents to become due and pa,,-able
not more than 30 days after the completion ancf acceptance by the City of the particular
unit, PROVIDED FURTHER, -that the City Attorney is hereby empowered to authorize payments
of said sums in lesser installments ands/or over a longer period of tir;e in cases in va-Bich
-the Director of Public Aorks has previously determined that an extreme financial hardship
upon the property oi,�rner ti,Jill otherwise result; and PKVIDED FURTHER, that such method of
pay,m,ents shall be authorized: only in instances -vhere -the owner or owners of property abutting
upon such completed and accepted unit small have executed and delivered to the City of Fort
.north a lawful, valid and binding note and mechanic' s and z,laterialrnan's contract upon fora-:s
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 ov%,ners according to the -terms thereof of the
spas assessed against such property.
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V.
The assessments against the respective lots and parcels of property and the owners
ti-ereof shall be evidenced by certificates of special assessment, which shall be executed in
the name of the City by the -',iayor of said City and the City Secretary shall attest the sante and
impress the corporate seal of the City thereon, and ,,jhich i-r;ay ' ave attached, -thereto coupons in
evidence of the several installments, or in evidence of any of the instal!L:_.its in which the
assessment is payable, wI%ich certificates siiall be issued to the City of Fort 'U'lorth, shall
recite the terms and time of pay,„ent, the amount of the assessment, the description of the
property, and the na.me of the owners, as far as known, and. sl-call contain such other recitals as
may be pertinent thereto, and shall further recite substantially that all proceed;,..gs with
reference to the making of such L-ap-rove-ments have been regularl-ki, had in compliance law, and
tL,.-.t 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 furti-er 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 -'L-.he same
matures, then, at the option of the City of Fort Worth, or its assigns, the entire amount of
the assessment shall be and JI,-,eccr,,,e immediately 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 propert'v
superior
to all other liens and claims except State, County, School District, and City'ad. valorer.,, -taxes.
No error or mistake in na,ning any o,,;-iner or in describing any property or in any other inat-ter or
thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the
ommission of improvements on any particualr unit or in front of any property exemp by law from
the lien of special assessment f0 street improvements shall not invalidate any asses-s:-1-lent
levied. The certificates -referred to need not contain recitals
in exactly to word above pro-
vided for, but the substance ti'lereof shall suffice, and they may contain other and additional
recitals pertinent thereto.
Vi.
Bids have been advertised for as required by Article 1105b of the revised civil
statutes of Texas, and the bid of Texas E-itulithic Company having been found to be the lowest
and best bid for the making and construction of said improvements, the contract tI�erefor is
hereby awarded to Texas Bitulithic C rgpany at and for the prices stated in the Proposal of
said company and as reported and recofai-.-Iended by the Public `icrks Departi-I)ent-, which said report
and recommendation is on file with the City, the City i',ianarler and City Secretary are 'l-e-reby
directed, Co execute the said contract in -the name of -the Ci-LIN of Fort "'Jorth, Texas, and to
impress the corporate seal Of the City -thereon, the said contract embracing, amoung Other
-things, the prices for the work.
Vii.
To provide for the payment of the indebtedriess incurred by the City of Fort �,jorthq
Texas, by said contract,
j there is hereby appropr.":-ated cut of available funds and current' reve-
nues of the City, an amount sufficient to pa-v said indebtedness so incurred.
Viii.
The improvements provided for herein shall be mads and constructed, notice given,
hearing held and assessments levied and all proceedings taken and had in accordance with and
under the terms of the powers and provisions of Chapter 106 of the Acts of the First Called
Session of the Fortieth Legislature of the State of Texas, =r-i shown as Article 1105b of
Vernon' s Texas Civil Statutes, which law has been adopted as an amendment to a made a, part of
the Charter of the City of Fort lii'iorth, Texas, and under Which lai,,, these proceedings are taken
and had.
IX.
7ach unit above d2scribed shall be and constitute a seperate and incepenbent unit of
iI-;-prcv&A,Ient and the assessr,,,ents herein provided for shall be made for the improvements in each
unit- according to the cost of the improve; ents in the unit and accor`.Inq -to the benefits arising
froj-,i the irnprover;.ents in any other 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 Works of the City of Fort Worth, Texas, be and his is
hereby, ordered and directed tc file with the City Council estimates of the cost of such
improvements in each unit, in accordance with the terms of the powers and provision, 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 Vernons 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 from and after
the date of its passage.
g
PASSED AND APPROVED THIS DAY OF , 196�.
APPROVED AS TO FOR16 NZ LEGALITY:
City Attorney
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TEXASnn77��,,��77�� 7� FORT
WORTH —,$
CITY OF FORT WORTH,OTIS CITc O 1 ORT
THE SUBJECT MATTE
WAS PRESENTED TO THE CITY COJ� TEXAS
Y
1_27TL
AND W S 4/ .' : �D
E Communication to Mayor and Council No. PW I" 539
City Secretary September 29, 1961
Honorable Mayor and
Members of the City Council Re: Riverside Drive Widenipg and
City of Fort Worth Paving, Contract No. 2
(APm61-44) Project No. 94-B3-1
CIP-A-l5 through 22
Mrs, McKnight and Gentlemen:
4
4, 83 ds have been received for construction of Unit 11 of the Riverside Drive
. ": Improvement Project, which provides a 60-foot roadway between the Sylvania
Avenue Connection and East First Street.
In accordance with Coundll action on December 23, 8960 (PWO®650) Huffman
Street and Booker Street from Retta Street to Riverside Drive have been
included in this project in order to provide more adequate circulation of
traffic in this area. The estimated-property owners•° portion of the cost
of these assessment paving projects is $55,000 to $60,000. It is recom-
mended gnat the following ordinances be adopted in the sequence Indicated
to implement construction of this project:
I . Ordinance declaring the necessity fdr and ordering
the paving of Riverside Drive, Huffman Street and
Booker Street; making provisions for the levying of
assessments; directing the Public Works Department
to prepare estimates of cost; and awarding a contract
to Texas Bitulithic Company on its Bow bid of 5160,510.
The following bids have been received for this improve-
ment.
Texas Bitulithic Company $ 860,510.00
Worth Construction Company 162,743.80
Condon-Cunningham 874,350.20
Glade Construction Company 189,796.33
2. Ordinance approving the estimate -of costs and amounts
proposed to be assessed and setting October 20, 1961 ,
as the date for the benefit hearing.
Respectfully submitted,
LPC: ih
rCity
0 InghamManager
RECORD
0�
CITY SECRETARY
FT. WORTH, TEX. e)
NUTICE ` ` � 4'
THE STATE OF TEXAS
COUNTY OF TARRANT
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 Riverside Drive
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 the northerly line of Lot 34, Lincoln Place
Addition to the southerly line of East lst Street, knciin and designated as
Unit No. 2.
IN TESTIMONY 'WHEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Nlayor, this 29th
day of September , A.D. , 19 61
CITY CF FO'T u°dO
lH
ATTEST:
BY
7_7
Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John Justin,.d
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged 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 consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day
of September , A.D. 19 61
5?
LANELL E�P
FRIESEN, Notary Public Notary Public in and for
Tarrant County, Texas
Tarrant County, Texas
STATE OF TEXAS
COUNTY OF Tt,T.:2ANT }
I, MELVIN "DIEL" FAULK, Clerk County Court of Tarrant
County,Texas, do hereby certify that the above and foregoing
instrument with its certificate of authentication was filed for
regislrat• in my office OCT 9 `6119_.._, at
O'cloc and duly recorded on OCT 1 6 M9_,
o'eloc , in Vol.10'144 PageenL- _of record of a6L
for said County.
WITNFM my hand and seal of office, at Fort North, the
daY and date last above written.
MELVIN"MEL" FAULK
Clerk County Court,Tarp
nt County, Texas,
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: L RECORD
UfY SECRETARY GG337
FT. WORTH, TEX. NOTICE
THE STATE OF TEXAS
COUNTY OF TARRANT
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 Booker 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 the easterly line of Retta Street -to -the
westerly line of Riverside Drive, known and designated as Unit i1o. n.
IN TESTIMONY WHEREOF, the City of Fort 'Worth has caused this
instrument to be executed in its behalf and signed by its iNlayor, this 29th
day of September A.D. 19 61
s � •
CI4CFF1Q W7,
ATTEST: BY
yet
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John= Justin,,
known to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged 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 consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day
of September , A.D. , 19 61
LANELL FRIESEN, Notary P i /��1�
Tarrant County, Texas Notary Public in and for
Tarrant County, Texas
STATE LP TEXAS
COUNTY,qF`l'HRRANT
I, MELYIN "NIEL" FAULK, Clerk County Court.of Tarrant
County, Texas, do hereby cet-tity that the above and foregoing
Instrument with its certificate of authentication was filed for
registra in my office OCT 9 19b' , 19 , a
o'cloc and duly recorded on O GT �9��19�, a
O'eloe . in VoL�Page-3,01 of record o
for said County.
WITNEffi my hand and seal of office, at Fort Worth, the
day and date last above written.
MELVIN"MEL"-FAU K
Clerk County Court,Tarrant County,T exroa.
Deputy.
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OFFICIAL RECORD
�y
CITY SECRETARY
FT. 110RTH� TLA. NOTICE
THE STATE OF TEXAS
COUNTY OF TARRANT
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 Huffman Street
in the City of Fort 'north, 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 the easterly line of Retta Street to the
westerl;T line of Riverside Drive, known and designated as Unit No. 3.
IN TESTIMONY 4`JHEREOF, the City of Fort 'forth has caused this
instrument to be executed in its behalf and signed by its Mayor, this 29th
day of September , A.D. , 19 61 .
CITY OF FORT WORTH
ATTEST: BY
T. ity Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John W Justin, --jw�
known, to me to be the person whose name is subscribed to the foregoing instrument,
and acknowledged 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 consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 29th day
a,.
of September , A.D. , 19 61 .
LANELL FRIESEN, Notary Publio
Tarrant County, Texas Notary Public in and for
Tarrant County, Texas
STATE OF TEXAS
COUNTY OF TARRANT
I, bfELVIN"MEL" FAULK, Clerk County Court of Tarsal
County,Texas, do hereby certify that the above and foregoing
instrument wfth its certificate of authentication was filed
for
registret' in my office.- Off. — , 19_,,
o'cloc 'hand-dulyrecordedot�(:T � 6 4� 19_, at,._Z���
o'cloc , in Vdl./A 7,,Page,I Jof.record of�
for said Caunty.
WITNESSmy-hand and seal,af office, at.Fort Worth, the
day and date last above written.
t&fELVIN'"MEL" FAULK
Clerk County Court,Tarrant County,Tax"
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