HomeMy WebLinkAboutOrdinance 4811 ORDI�TANCF MO.
AN ORDINA�rCJ DET�''1LNING THE NEC'33ITY FOR AND O:�DrMNG OF RECORD
AND PROVIDING FOR THE I11PROVMENT OFA PORTION OF
UXTGTI STRFFT A!'TD CITY SECRETARY
PORTIONS OF 3UNDRY OTHER STREETS, AVFrTLT-�;3 A:STD P17_3LIC W {.
PLACES IN THE CITY' OF FORT 'TO..TH, TEXAS, LrTTING CONTRA SFT. WORTS, TEX.
TO GENERAL CGNSTR ' TT j, 4y FOR TH .
MAKING AND CONSTRUCTION OF SUCH IMPROVII-NTS AM AUTHORIZ—
ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE'
OF PAYING TI:.E INDEBTEDNES3 'iii:,RJBY INCURRED; MAKING PROVI-
SIONS. FOR THE LEVYING OF AS3ESS1%1ENTS AGAINST ABUT'TIIi G
PROPERTIES AND THE O,IN{ ' THEREOF FOR A PART OF THE CO3T
OF 3UCH I�'IPROVET%ENTS AND THE, ISSUANCE OF ASSIGNABLE CEi3,TIF1-
CATES IN EVID L CE OF SUCH A,3S S�, NT,3; DIRECTING EL-j, PUBLIC
ORK3 DIRECTOR OF THE CITY TO PREPARE EMMATEB:. DIRECTING
THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS
ORDINANCE :VITH THE COUNTY CLERK OF TARRANT COUN11f, =i CAa;
DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDING3
RELATING TO RAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT
TO THE ACT OF THE FIRST CALLED 3E33I0N OF THE FORTIETH UEGIS-
LATURE OF THE STATE OF T.EXA,3 CHAPTER 106, C01,2.ioizY. KP,TO,IIIT AB
ARTICLE 1105b OF. VER.NON?S TEXAS CIVIL STATUTES; AND DIMCTING
THE CITY 3ECRETARY TO ENGR03S AND ENROLL THIS ORDINANCE Bi'
COPYING THE CAPTION OF `AT-LL 1N THE 1•11NITTL BOOK OF THE CITY
C=tIL AND BY FILING THE, COMDLETE ORDINANCE, IN THE APPROPRIATE
ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE.
iTIEtR-AS, the Public "orks Director for the City 'of Fort north, Texas,.
has prepared Plans and Specifications for the improvements of the hereinafter described
portions of streets, avenues and public places in the Cit? of Fort ",,Torth, Texas, and same
having been examined by the -Cit-
.7 Council of the City of Fort i;orth, Texas, and found to be
in all matters and things proper, M-7 THER11TORE:
BE IT ORDAINED BY THE CITY COUNCIL OF- THi CITY OF FORT i`iORTH, TEXAS,
THAT:
I.
The hereinafter described Plans and Specifications are hereby approved
and adopted.
TT.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and publi.c places in the ICity of Fort Worth, Texas,
to-wit:
1. LUXTCN STREET From the north line of Block 11,
Vickerys Addition to Humbolt Street,
known and designated as Unit No. 1.
2. LUXTON STREET: From Humbolt Street to Terrell Avenue,
known and designated as Unit foo. 2.
3. HUMBOLT STREET:,, From Luxton Street.west to the east
R.O.W.. line of the I. G. N. Railroad,
known and designated as Unit No. 3.
Each of the above described portions of streets, avenues and public
places. in the Citv of Fort 7.Alorth, Teyas, shall be improved by raising, grading and filling
same and by constructing thereon the following, to-wit:
1. LUXTON STREET: From the north line of Block 11,
Vickerys Addition, . known and
designated as Unit No. 1, A l "
Hot-Mix Asphalt Concrete Surface
on a 7" cement stabilized gravel
base.
2. LUXTON STREET: From Humbolt Street to Terrell
Avenue, known and designated as
Unit No. 2, a l�" Hot-Mix Asphalt
Concrete Surface on a 7" cement
stabilized gravel base.
3. HUMBOLT STREET. From Luxton Street west to the east
R.O.W. line of the I. G. N. Railroad,
known and designated as Unit No. 3,
a 12" Hot-Mix Asphalt Concrete Surface
on a 7"' cement stabilized gravel base.
The above, together with combined concrete curbs and gutters on proper grade and line
%rhere 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.
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 pair 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 remainderofsuch improvements.
9. The Ci t.77- of Fort "orth shall pa-7,r all of the remainder of the cost
Of said improvements after deducting the amounts herein specified to be paid by the abutt-
inF properties and- the real and true owners thereof as set out in subsection A.
The amounts parable by the abu.ttin,T properties and the real and true
owners thereof shall be assessed against such properties and the real and tr�ze owners
thereof and shall constitiite a first and prior lien upon such properties and a personal
liabili.t,,r of the real and true owners thereof, and shall be pa.-.rable as follows, to-",Tit:
11hen the impro,.rements are completed and accepted by the CitTr on a
particular unit, the :;lams assessed against propert-r ablzttin� upon such completed and
accepted unit shall be and become paTrable in fire (5) ega_zal _~Lstallments, due re3pectivel7,
on or before thirt-r (30) da.7r3, 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 abutt-
ing upon the remai.ninn units shall be and become due and parable in such installments after
the date of completion and acceptance of such respective unit. The entire amount assessed
against the particular parcels of propert-r shall beau interest from the date of such
completion and acceptance of the impro-,rements on the unit upon A,r ch the particular property
abuts at the rate of six (6�) per cant per annum, payable annuall�r 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 pa-r anTr and all of such installment at any
time before maturitzr by pa:,r _ng principal with interest accrued to the date of payment, and
further provided if default be made in the pa-.anent of an-:r installment promptly as the same
matures, then at the option of the � t7.- of Fort "orth or its a:;signs, the entire amount of
the assessment upon i,rhich such default i_s 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 oTaner thereof in excess of the special benefits to property in
the enhanced value thereof by means of said improvements _n the unit upon which the parti-
ci.zlar property abl_its, as ascertained at the hearing provided byr the law in force in the
City, nor shall anv assessment be made in an-r case until after notice of hearing as provided
by law. Jaid assessments against the respective lots and parcels of property and ownersthereof shall be evidenced b7,- certificates of a special assessment which shall be executed
in the name of the CitTT of Fort ''Orth, PROVIDED, however, that actin{? through its duly
authorized Director of Public "orks, the Cita of Fort "orth' retaini_n,7 the right to authorize
pa-.rment of the sums assessed against abuttin^- property upon such completed and accepted
unit in not more than forty-eight eglal regular monthl-r installments of not less than
$9.00 each, the first of such installments to become due and pa7rable not more than 30 days
after the completion anti acceptance b7r the City of the particular 1ani.t, PROVIDED FUME2,
that the Cit7T Attorne-r is hereby empowered to authorize w ments of said sums in lesser
installments andlor over a longer period of time in cases in which the Director of Public
,corks has previously determined that an e-,,�trem.e financial hardship upon the property owner
will otherwise result- and PPOVID?D FURTj�'i, that such method of pal.m.ents shall be authorized
on1-T in instances ,where the owner or owners of property abu.ttinF upon such completed and
accepted unit shall have executed and delivered to the City of Fort 'north a lawful, valid
and binding note and mechanic's and materi.al.manTs contract iapon forms supplied b-r the City
�Trantin,r a mechanic's lien anon and con-,-eying 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.
The assessments against the respective lots and parcels of property
and the owners thereof shall be e-,,-idenced 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 Cit-,,7 thereon, and which may
have attached thereto coupons in evidence off` 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 ''l-orth, shall recite the terms and time of pa-,Tment, the amount
of the assessment, the description of the propertT, and the name of the olAmersl as far
as known, and shall contain such other recitals as mart be pertinent thereto, and shall
further recite substantially that all proceedin7s 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 an7T court,, and the said certificates shall
provide substantially that if default be made in the pa,7ment of any installment promptly
as the same matures, then, at the option of the City of Fort _,north, or its assigns, the
entire amount of the assessment shall be and become immediately due and payable, together
with reasonable attorneys 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 propert7r, superior to all other liens and claims except State, County, School
District, and City ad valorem taxes. Ho error or mistake in naming any owner or in des-
cribing any property or in any other matter or thing, shall in�valid'"ate anv 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 assess-
ment 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 their ma�, contain other and additional recitals perti-
nent thereto.
Vi.
aids having been advertised for as required b7,7' Article 1105b of the
revised Civil 3tdtutes of Texas, and the bid of General Construction Company P .
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—General Construction Company
at and for the prices stated in the Proposal Of said compan7 and as reported and recommen-
ded by the Public Jorks Department, which said report and recommendation is on file with
the City, . rthe City Manager, and Cit�T 3ecreta r are herebydirected
directed to execute the said
,
contract in the name of the City of Fort `,'orth, Texas,, and to impress the corporate seal
of the Citv 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 'Torth, 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 accord-
ance 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, now shorn as
Article 1105b of Vernonfs 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, 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.
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
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 from
and after the date of its passage.
PASSED AND APPROVED THIS_ j/A-?f'; DAY OF ,19
APPROVED AS TO FORM AND LEGALITY:
City Attorney
U)
NE D N D CNS 2 3 5 '7 g" 9 f1'° R 2
_ 1 2 ' 3 4 _ °i 2 3 a 5 G � B 9 Io' W 1 I 'lJl !V
D ITIO ' �. o`
� z
4 3 2 O
m.. lti So 50 50 50 —J 2G 29 2l 23 22 21 20 19IB h {4 16
EAST TERRELL AVE . 050
1 2 3 4 I 2 3 4 S g 1: 2 3 4 5 0 4 7 I
0
e l 6 5 6 9 6 5 _ 13 '7 6 5 G 7 B
m '
0 27! 50 O (moi SO O so 40 95
E. HUMBOLT ST.
so
O
w 50 030 Ah 4
I 2 3 4 5 I 2 3 I 2 3 9 N
10-
N O'' 9
P
x
_II 10 9 8 7 6 6 5 4 = 6 1 5 Q Q
e• J i `
51 so I NO
E. PULASKI ST.
jot
c 30
O
1 2 3 4 5 G
i O
° 3 4u
12 11 10 9 6 1> -
G 3G 30 0 4 I I V 13
sVERBENA ST. 5 4
45 \1,
F 6
(00
3 4 SCo
O \
O _ -- G 5 4 3 2 1 0
°12 1,1 10 9 B 7 ° 9so 60 W
10 �
0aU LS a w< 2 B 9 10
E. WHITE ST.
I I 12 13 Q
V
e15 4S
E
I 2 3 4 5 2
13 3 I- 9 C. 5 4 3 2 �1 W
I- - J =
U v 14
10 111 12 13 14 15 IO 17 18 Q
9
2 17 soa 450
ID �Q a EAST ROSEDALE
5°� r
11 5 � $0 •• �• • 5 ]2{ �O �—
�y� 19 0
'4'Ys 12 Z L K� J = I N H o G F E D I G 0 A
193
F
—=� City awned Zoned A-1 Family
�— —� Laster .'atnis Zoned F-R
-----1 1-1, E. f%,.cGar Zoned B-2 Family
�.-- - ---a J. A., Strickland Zoned B-2 Family
Sallie Burgess Zoned B-2 Family
�- C. C. Harper Zoned B-2 Family
�--- - , Euzella Casstevens "Zoned B-2 Family
--- Requested for Paving
----- Existing Pavement
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 Humbolt 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 Luxton Street west to the east Right Of Qday
of the I. G. 111. Railroad.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its 1-layor, this I y
day of 1G' , A.D.
CITY OF FORT WORTH._
ATTEST: °` BY 01
ity, Secretary .
STATE.OF. TEXAS
COUNTY OF TARRANT I
BEFORE ME, the undersigned authority, a Notary Public in nd fo he
State and County aforesaid, on this day personally appeared Mr.
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 L � day
Of A.D. 19_.
—0c)
Nctar Public in and for
Ta ant County, Texas
Fry
P-j C,� xq, -�
1011 (y;-A`` -� `+ 0 C.4
110 21 (0
E9�o y 1 ,� 1-3
'a�-
CD
V Zr
fi
CO
Oa
aa
n
O
�i
a
m
ss^ay '�tmo� �uEaxu� `7rn �C7uno� �xaiJ
Na,AoD .aau,, D
`ua}a:snn anoqu 19191 aasp puo
yup aq4 yxo3 ;u 'aatiio ;o pass puu pr_eri CII
'XmnOO Fp-,, ao;
;o paooaa 3oau'a �"— o� ax yW-'ryac�ivo
f� /7
�.0 B 1919 -pq-v o p .ip'.n P 10135?
A 6I ��5� � � 03rdapaaooa r� ao •o
a
S✓ T��E .--6I —ern ��i aorjo .Cru uF u01.jErsz4a.x
Zoy poSUM uotjeotauaripUu Io ojtDTjajzaa 911 rilgfs auarutrrasut
2urc9;.xci puv aeoqu otic iutp Cha zao ,Cga xa i op sBaay ` z r oci
puEzj-ey fo 1.1-noD �kluuoo -31.xaii) `Aia, oo ••cau. .D -Ak I
Svt—L go 3L VITIS
NOTICE
THE STATE OF TEXAS
COUNTY OF TARRANT
Notice is hereby given that the governing body of the City of Fort
'North, Texas, has ordered and determined it to be necessary that the following
portion of Luxton 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 north line of Block I1, Vickerys Addition
to Humbolt Street, known and designated as Unit No. 1.
IN TESTIMONY 'V�HEREGF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its i:
CD
CS,
.,.
�1
-I • o C+ ¢
�5 o C°
-`+ \
�-3
CA
t c*
0
O
O
'K
UJ
Lg
Issas, ".I1nno� i�srey '3-m .� d.�rino� -saD
NaAkOD ..(IgI., ') -Al
X�p aqp %quo,& :Pod Is aotl;o I° Inas L'u-S P ttea.s c eI a�BP P
q 4m
j'S7J-jo Paooa.i jo 4,. _ ."41,110D pies ao*
OA UT
�- o 3P.roaaz L t -
6I �'� PP'P pua 7�
ct '7��� A/ 0013`0
��.�,3e •__61 . i°�U4 �J TN aar o ,gym
G+ IIL IIOpuxj6Ia2D3 -
0l Pahl esu uorq�ns to aacotlFI,aa sli germ 7uajmuq"q
r9uFo8axo�l IIlrno®qe aq� ;eq� �tilliaa Xga.iaq OP °sesa� kiIIno
aA
ptzoa.re o O d'IIno. 3I=ai0 `l,Ta&oD
u0 xumoo
'. % ac)
X40
CITX OF FORT WORTH, TEXA TTY ®� �O�� WORTH
THE SUBJECT MATTER OF THIS M C: �
WAS PRBSENTED TO THE CITY COUNCIL TEXAS
�� A �s
FEB 1-1 J%3 1147
AND)9 XX C�
Communication to Mayor and - w
{ • nn
(�
r:. February 11, 1963 CITYRfIAR
City Secretary q. f I, IYDR�H,
Honorable Mayor and
Members of the City Council Ree Assessment Paving on,.Luxton
City of Fort Worth and Humbolt Streets
Mrs. McKnight and Gentlemen:
On February 4, 1963, when acting upon M&C G-414, "Paving on Luxton and
Humbolt Streets, and Disposition of City-owned Land," the City Council de-
termined that all of Luxton Street (from the north line of Block 11,
Vickery's Mdition to Humbolt Street) and Humbolt Street frofi Luxton west
to the east line of the railroad should be paved on an assessment paving
basis. In accordance with the Council action, the City will pay the regu-
lar portion of the cost of the improvements adjacent to the City-owned
land, following which the land will be sold as directed by the Council.
The ordinances and bond fund transfers necessary to effect the project
have been prepared, and it is recommended that:
1) An ordinance be adopted declaring the necessity for and ordering
the-improvements, making provisions for the levying of assessments,
directing the Public Wozks Department to prepare estimates of cost
and amounts proposed to be assessed, awarding the contract to Gen-
eral Construction Company on its low bid of $12,254.20 and -making
appropriations to cover the indebtedness thereby incurred.
2) An ordinance be adopted approving the estimates of cost and amounts
proposed to be assessed, and setting March 11, 1963 as the date for
the Benefit Hearing.
3) The following Bond Fund Transfers be approved:
AMOUNT FROM TO FOR
0
$6,205.65 94-B4-901 Unspecified 94-B4-36 Luxton and City's' Construe
Assessment Paving Humbolt. tion afid Engi-
Projects. neering Cost.
$7,273.75 Assessment Paving Re- Revolving Fund Re- Property Owners
volving Fund. serve for Assess- Assessment.
ment Paving�Project
94-B4-36.
Respectfully submitted,
L. Brownlee
JLB:GA City Manager