HomeMy WebLinkAboutOrdinance 4913 ORDINANCE NO. .����
AN ORDINANCE DETEIRa1IATING THE NECE331TY FOR AND ORD'aUNG OFFICIAL RECORD---
AND
ECORD
AND PROVIDING FOR THE IP!PiROV:1 1E OF A PORTION OF . CITY SECRETARY
Burton Hill Road ATD C
PORTIONS OF SUNDRY OTHER STREETS, AVETTP,3 A:dD PTTBLIC
PLACES IN THE CITY' OF FORT '�TORTH, TEXAS; LETTING CONTRACT FT.. WORTH, TEX•
TO W.E. Brittain FOR THE
MAKING AND CONSTRUCTION OF SUCH IMPROVEIv1ENTS A�JD AUTHORIZ-
LNG ITS .EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE
OF PAYING TI-:E INDEBTEDNESS '1117,, BY I:ICURRED; MAKING PROVI-
SIONS. FOR THE LE<TYING OF ASSJ�332,EENTS AGAIITST ABUTTI"idG
PROPERTIES AND THE O:JN 6 THERM. F FO3 A PART OF TIHIE CO3T
-OF SUCH IMPROVEMENTS AND THE, ISSUANCE OF ASSIGNABLE 0LRTIFI-
CATES IN EVID4-VCE OF SUCH A3335WENT3; DIRECTING TH.Z PUBLIC
'.,ORK.' DIRECTOR OF THE CITY TO PREPARE STIMATES DIRECTING
THE CITY SECRETARY TO FILE, A NOTICE OF ADOPTION OF THIS
ORDINANCE .VITH THE COUNTY CLERK OF TARRANT COUNTY', TEXAS;
DECLARING THAT THIS ORDINANCE AND ALL SUBSE�UENTT PROCEEDINGS
RELATING TO SAID STREET DPROVEMMT ARE AND SHALL BE PUTR3UANT
TO THE ACT OF THE FIRST CALLED 3E33ION OF THE FORTIETH, LEGIS-
LATURE OF THE STATE OF TEXA3, CHAPTER '106, C01240= KNO-4N A3
ARTICLE 1105b' OF, VERNONTS TEXAS CIVIL STATUTIES; AND DIRECTING
THE CITY 3ECIRETARY TO ,,NGROSS 'AND ENROLL THIS ORDINANCE BY
COPYING THE CAPTION OF 3AI�L 1N THE 1`11NITTi BOOK OF THE CITY
COUit IL AND BY FILING THE COMPLETE ORDINANCE: IN THE APPROPRIATE
ORDINANCE RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATA.
'EEI&kS, the Public ''orks Director for the City 'of Fort .forth, Texas,•,
has prepared Plans and Specifications for the improvements of the hereinafter described
portions of streets, avenues and public places in the CitsT of Fort 'Jorth, Texas, and same
having been examined by the .City Council of the City of Fort ',North, Texas, and Found to be
in all matters and things proper, NO-,.i THER�,TORL:
BE IT ORDAINED BY THE CITY COUNCIL OF, THS CIT`' OF FORT ,IORTH, TEXAS,
THAT:
I.
and adopted. The hereinafter described Plans and Specifications are hereby approved
II.
There exists a public necessity for the improvement of the hereinafter
described portions of streets, avenues and publi.c places in the' City of Fort '.,north, Texas,
to-wit:
1. Burton Hill Road. From Byers Avenue to Merrick Street,
kno..n and designated as Unit No. 1.
2. Burton Hill Road: From 2 block north of El Dorado Street
to '1000 feet south of Santa Glara St.
known and designated as Unit No. 2.
teach of the above described portions of streets, avenues and public
places. in the City of Fort -,forth, Texas, shall be improved by raising, grading and filling
same and bzr constructing thereon the follo,,eing, to—At:
lo. .Burton Hill Road: tlnit do. 12 l 1 Hot-Liir As,hal , -on-
crate Surface Surface on an 8-inch Cement Sta-
bilized Grav,-�?1 Base on a 32 foot roacl-
vaay.
2. Burton hill Road; Unit ,'io. 2, A 1`� �.
- nCh T ' i';l]; 1 S i- it
Concrete Surface on an S-inch Cement
Stabilized Gravel Base on a 32-41cot
Road�.ray.
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 apecificat=Lons therefor.
IV.
The cost of said improvements as herein defined shall be paid for as
follows, to-1nrit: �
A. The property abutting on that portion of the street, avenue- or
public place and the real and true owners thereof shall P47 all of the cost of curbs and
gutters in front of their property and not exceeding nine-tenths (9 10ths) of the est-L"mted
cost of the remainderof such impro•:-ements.
9. The Ci_tTr 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-
ing properties and- the real and true owners thereof as set o,zt in subsection A.
The amounts pa-cable the abuttin- 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
liabili.t r of the real and true owners thereof, and shall be pa-.-,cable- as fo11o11.r3, to-wit:
�lhen the improvements are completed and accepted bTr the o,1 a
particular unit, the sums assessed against propert-- abutting upon such completed and
accepted unit shall be and become pa"Table in fire (5) equal installments, Niue re3pectivel7,
on or before thirty (30) da-rs, and one (1), two (2), three (;i), and four (4) ?rears from
the. date of such completion and acceptance, and the assessments against the property abutt-
ing upon the remaining units shall be and become due and payable in such installments after
the date of completion and acceptance of such respective init. The -entire amount assessed
against the particular parcels of propert-r 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 (6;j) per cant per annw'i!, parable annuall\r except as .to interest on
the first installment, which shall be date and parable on the date said installment matures,
provided that any owner shall have the right to pay- amr and all of such installment at any
time before maturi t-r by paving principal with interest accrued to the date of pa7rment, and
further provided ifdefault be made in the pa-ment of an-r installment promptly as the same
matures, then at the option of the Cit-r of Fort 'orth or its assigns, the entire amount of
the assessment upon which such default i_s made shall be and become i-mmediatel r due and
parable; but it is specifi call?r provided that no assessment shall in an7 case be made
against anv property or any oz,rner thereof in excess of the special benefits to property in
the enhanced value thereof b-r means of said improvements i_n the unit upon which the parti-
cular property abuts, as ascertained at the hearing_ pro-,rided by the law in force in the
City, nor shall anv assessment be made in an-r case until after notice of hearing as provided
b,r law. Said assessments against the respective lots and parcels of property and owners
ther-eof shall be evidenced bTr certificates of a special assessment which shall be executed
in the name of the City of Fort ':north, PROVIDFD, howe,rer, that acting throu> h its dulv
authorized Director of Public 'Torks, the Cit'r of '?ort `Forth retaining the right to authorize
pa-,rment of the slims assessed against a.buttine- property upon such completed and accepted
unit in not more than forty-eight egi_ial regular monthl-r installments of not less than
X9.00 each, the first of such installments to become due and pal-able not more than 30 d37rs
after the completion anc,i acceptance b-% the �,itv of the particular unit, PROVIDED FUMIL
that the Cit,r Attorne?r is hereby empowered to authorize pa7rments of said sums in lesser
installments azdlor over a longer period of time in cases in which the Director of Public
!orks has previously determined that an e,ctreme financial hardship upon the property owner
tri 11 otherwise result-
and PROVID]D FURT-IFR, that such method of pa,rments shall be authorized
only in instances where the owner or owners of property abutting upon such completed and
accepted unit shall have execi.zted and delivered to the City of Fort `Forth a lawful valid
and binding note and mecha.ni_c?s and materi.alman?s contract i.ipon forms supplied by the City
rrrantin^ a mechanic°s lien u--on and con-reving 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.
1-
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 Citv by the Mayor of said Cit7 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
f "any of the installments in which the assessment is payable, which certificates shall be
issued to the City of Fort i,uorth, shall recite the terms and time of pa:;rment, the amount
of the assessment, the description of the propert7r, and the name of the owners, as far
as known, and shall contain such other recitals as mar be pertinent thereto, and shall
further recite substantially that all proceedings with reference to the making of such
improvements have been regularlTr 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 an-,T 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 -,forth, or its assigns, the
entire amount of the assessment shall be and become immediately due and payable, together
with reasonable atto-rneyQs 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. t10 error or mistake in naming; any owner or in des-
cribing 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 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 they mar contain other and additional recitals perti-
nent thereto.
VI.
"ids having been advertised for as required by Article 1105b of the
revised Civil Statutes of Texas, and the bid of B. Brittain
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_ i.%.. Briattain
at and for the prices stated in the Proposal of said companTr and as reported and recommen,
ded by the Public :forks Department, which said report and recommendation is on file with
the City, the Cit-,r Manager, and Cit�r Secretary are hereby directed to execute the said
contract in the name of the Citv of Fort ?orth, 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 Cit- of
Fort '.forth, Texas, by said contract, there is hereby appropriated out of available funds
and current revenues of the City, an amount sufficient to pay said in 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 1(:6 of the Acts of
the First Called Session of the Fortieth Legislature of the State of Texas, now shown as
Article 1105b of Vernonts 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
De 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 Vernonts 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 7,A DAY OF //cv ,19
APPROVED AS TO FORM AND LEGALITY:
City Attorney
City of Fort Worts, Texas
Mayor and Council Com °
l:la �dt�IS,��, �1L1�Cil
DATE REFERENCE SUBJECT:
6-10-63 �;T���n ��/ PAGE
NUMBER Assessment Paving fiE r
C-97 Burton Hill Road
The 1962 Capital Improvement Program provides for the widening and improving
of Burton Hill Road from Byers Street to 1000' south of Santa Clara. On
April 16, 1963, the following bids were received,
BIDDER AMOUNT WORKING DAB'S
W. E. Brittain $57,299.52 45
General Construction Co. 61,432.63 45
Texas Bitulithic 'Co. 61,750.94 45
R. W. Gibbins, Inc. 62,393.76 45
Glade Construction Co. 72,000.00 45
Based on the low bid, approximately $10,25.5.00 will be assessed against the
property owners. The cost .to the City is estimated at $53,000.00 including
the engineering and miscellaneous expenses.
The following recommendations are made:
1. That an ordinance be adopted declaring the necessity for and
ordering the improvements; making provisions for the levying
of assessments; directing the Public Works Department to pre-
pare estimates of cost and amounts to be assessed; awarding
the contract to W. E. Brittain, on its low bid of $57,299.52
and making appropriations to cover the indebtedness thereby
incurred for improvements of the project named above.
2. That an ordinance be adopted approving the estimates of cost
and amounts proposed to be assessed; and setting June 24, 1963,
as the date of the Benefit Hearing.
3. That the following Bond Fund Transfer be approved:
A�lOLUT FROM TO FOR.
$10,225.00 Revolving Fund Revolving Fund Property Owners
Reserve for Portion of
94-B2-108 Construction
Cost
JLB:ab
SUBMITTED BY: DISPOSITIO BY COUNCIL:
R.APPROV DPRO SSED By
❑ 0TH R (DESCRIBE) /
C SECRETARY
SL DATE
CITY MANAGER
NOTICE
THE STATE OF TEXAS g a�
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
Burton Hill Road
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 Byers Avenue
to Merrick Street, known and designated as Unit No. 1.
IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be exe-
cuted in its behalf and signed by its Mayor, this__/T_{ - -day of -- —, A.D.,
CITY FORT WORTH
r'-
ATTESBy-
./
- - -
City Secretary
/ I4 •
STATE OF TEXAS
COUNTY OF TARRANT 6
BEFORE ME, the undersigned authority, a Notary Public in and for the State and County
aforesaid, on this day personally appeared J,
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 A(
day of
A.D., 19
Notary public in and for
Tarrant County, Texas
i'k
I
l s`-? ..,� -yrJi LT s_ . may
CoLr?y. Te. s, 'ac i ere.�y certify ^° yL
ins, JUL 24 1963
registraon in my - JUL 30 1963
o'clock and duly record.
o'clockP,-M-. in
for said County-
WIT N- ESS
ounty.WITNESS my hand and seal of.
and date last above written-
Clerk. unity urt, :-- -- _
O
G
By — -
io
V p,41
O 1 h t� Few i
d
%4Dat� Al"
w x v � ZX4
f _ ._.
3
NOTICE ?��% / �%—
THE STATE OF TEXAS I
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 Burton Hill goad
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 one-half block
North of 21 Dorado Street to 1000-flet south of Santa Clara Street, knotnrn and
designated as Unit No. 2 .
IN TESTIMONY WHEREOF, the City of _Fort Worth has caused this instrument to be exe-
cuted in its behalf and signed by its Mayor, this_� day of_
-- -- ---, A.D.,
- - CITY 0F FORT WORTH
ATTES _ 2y
By_
'. 'City Secretary ---
STATE OF TEXAS 1
COUNTY OF TARRANT 6
BEFORE ME, the undersigned authority, a Notary Public in and for the State and County
aforesaid, 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.
F"LIVEN UNDER MY HAND AND SEAL OF OFFICE
this the___�'� day of
A.D., 19_ _a'
v �Tof ry Public in and for
C rrant County, Texas
4n
1
I, W. C. ` ....., I ".,.,rt of T.
County, Texas, cYo hers y and forego
iatr6men'f with its Cektifica was fila.:
r,i#straAh fh thy affice....�O,....4..1yb3.... ., ..11r.. .�..
o'clockq& end dWx recorded on.JU,,L..44__,19&3 19,.__,, at, !
eclock _ iti ixoL� , QPage1,�, ,�, rec f...
f elaid County.
*ITIt" 1AY &UA and seal of office, at Fort
iw Awc ' *mum
W. C. "REIT QD
l±+ounty, Qourt, �'a�raat
sJ
•d
0
4 ILI
'd ,• e q � � Int
43
E' TARRAH i r1 Y,TLxl.s
a, 4011M '63
m � o 4 G �
ro pS GOUH'fY CLERK
,4M h C1 CYi U r�-i C�
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