HomeMy WebLinkAboutOrdinance 3957 ORDINANCE NO. ���---z
AN ORDINANCE DETERMINING THE NECESSITY FUR AND ORDERING
THAT A PORTION OF Dil'AAFL AVE14UL
IN THE CITY OF FORT WORTH, TEXAS, WITHIN THE LIMITS HERE-
IN DEFINED, BE IMPROVED: PROVIDING THE MANNER IN WHICH
THE COST OF SUCH IMPROVEMENTS SHALL, BE PAID: DIRECTING
THE CITY ENGINEER TO PREPARE AND FILE PLANS AND SPECIFI-
CATIONS FOR SUCH IMPROVEMENTS: DIRECTING THE CITY SECRE-
TARY TO FILE A NOTICE OF THE ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS: AND DE-
CLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEED-
INGS RELATING TO SUCH IMPROVEMENTS ARE AND SHALL BE PUR-
SUANT TO THE ACT OF THE FIRST-CALLED SESSION OF THE FORTI-
ETH LEGISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COM-
MONLY KNOWN AS ARTICLE 1105b,. OF THE VERNON'S STATUTES
OF TEXAS.
WHEREAS, the City Council of the City of Fort Worth, Texas, has determined
that a public necessity exists for and has decided to order the improvement of
the hereinafter described portion of a street in the City of Fort Worth, Texas,
in the manner hereinafter provided; THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That there exists a public necessity, and said C ty Council does hereby
determine that it is necessary to permanently improve the following described
portion of a. street within the City of Fort Worth, Texas, as follows, to-wit:
DILLA.RD AVENUE: from the northerly line of
Ramey Avenue to a point 200 feet North of the
northerly line of Calumet Street.
I�
SECTION 2 .
That it is hereby ordered that said street within the limits hereinabove des-
cribed shall be improved by raising, grading, filling, widening, permanently paving
or repaving same by the construction, reconstruction, repairing or realigning of
concrete curbs and gutters in the manner and where the City Engineer determines that
adequate curbs and gutters are not now installed on proper grade and line, and by
construction of such drains and other necessary incidentals and appurtenances as deemed
necessary by said Engineer, said permanent paving to consist of the construction of an
adequate wearing surface upon a substantial base course, both of such type, construction,
materials, and thickness as is deemed adequate and proper by said Engineer, and all of
said improvements to be provided for in the plans and specifications therefor, to be
prepared by said City Engineer as hereinafter directed, and as shall be approved and
adopted by the City Council.
SECTION 3.
In providing for and making such improvements, said City Council deems it
advisable and hereby determines to proceed under and in the exercise of the powers,
terms and provisions of Chapter 106 of the Acts of the. First-Called Session of the
Fortieth Legislature of the State of Texas, which is known and shown as Article 11.05b
of the Revised Civil. Statutes of Texas, 1925, as amended, and as adopted by the City of
Fort 'ATorth as Section 17, Chapter MIT of the Charter of said City.
SECTION 4.
The City Engineer is hereby directed to forthwith prepare and file with the
City Council complete plans and specifications for such improvements.
SECTION 5.
The cost of said improvements as herein defined shall be paid fcr as follows,
tc-Wit :
(a) The property abutting on that portion of the street and the real and true
owners thereof shall pay all of the cost of the curbs and gutters in front of their
respective property and not exceeding nine-tenths (9%1Cths) 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 cf 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 above 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 personn1
liability of the real and true owners thereof, and shall. be payable as follows, to-wit:
2.
When said improvements are completed and accepted by the City Council, the
amounts payable by and assessed against the property abutting thereon and the real
and true owners thereof shall be and become payable in five (5) equal annual install-
ments, due respectively on twenty (20) days, one (1), two (2), three (3) and four (4)
years from the date of said acceptance by said City Council, together with interest
thereon from said date of acceptance at the rate of six per cent (6%) per annum,
payable annually; provided, however, that the owners of said property shall have the
privilege of paying any one of or all of such installments at any time before maturity
thereof by paying the total amount of principal due, together with interest accrued
to the date of payment. Further, if default be made in the payments of any of said
installments of principal or interest promptly when same matures, then at the option
of the Contractor or assigns, the entire amount of the assessment upon which such
default is made shall be and become immediately due and payable, together with
reasonable attorney's fees and collection costs, if incurred. However, it is
specifically stipulated and provided that no assessment shall in any case be made
against any property or the real or true owners thereof in excess of the special
benefits to accrue to such property in the enhanced value thereof resulting from said
improvements.
SECTION 6.
In the levying and making of said assessments, if the name cf any owner be un-
known, it shall be sufficient to so state the fact, and if any prcpe. ty be owned
by an estate or by any firm or corporation, it shall be suffic,i.ent to so state, and
it shall not be necessary to give the correct name of any owner, but the real and true
owner of the property mentioned shall be liable and the assessment against the property
shall be valid whether or not such owner be named or correctly named. It is hereby
further provided that in levying said assessments, the omission of said imfrcvements
in front of any parcel of property exempt from the lien of such assessments shall
in nowise affect or impair the validity of the assessment against the other abutting
properties in such street.
SECTION 7,
The City Secretary is hereby directed to cause to be prepared a notice of the
enactment of this ordinance and to file said notice with the County Clerk of Tarrant
County, Trxes, among th,e Mortgage necords of said County.
SECTION 8.
This crdi.n7nce shp 11. take effect and be in full.. force and effect from and after
the date of its passage, and it is so ordained,
IiPF?CVT�D AS TO K17ZM:
`;ity At.tcrncy
NOTICE J d d
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 DILLA.RD AVLNUE
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:
DILLARD AVENUE: from the northerly line of Ramey Avenue
to a 'point 200 feet .North of the northerly
line of Calumet Street
IN TESTIMONY I-JEREOF, the City of Fort Worth has caused this
instrument to be executed in its behalf and signed by its Mayor, this
day of ., _ , A.D., 19 .
CITY OF FORT WORTH
ATTEST: g Mayor
Secretary
STATE'4F`'-TEXAS
COUNTY OF TARRANT
BEFCRE ME, the undersigned authority, a Notary Public in and for
the State and County aforesaid, on this day personally appeared - ,Z. *
McCann, known to me to be the person whose name is subscribed to -
going instrument, and acknowledged to me that he executed the same as the act
and dead 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 day
of A.D., 19e;1 Tic
a.c7C
ary Public in and for
Tarrant County, Texas
STATE OF TEXAS
COUNTY OF TARRANT
'7-' I,MELVIN"MEL" FAUM aeA C=ty COUrt a!
\aunty,Texas, do hereby certify that the above 'and
ifrument with its certificate of authentication wo filed Im
r -ration in my. nff. 15
ecloc .aid duly recorded of .
o'cloclGM. in Vol.!/ 'Paged record'
for said County.
WITNESS mp hand and seal of office, at Fort W rtk 68
date last above written.
tl��s l AULK
. ','•C1e Gcaunty Court,T nt Couint,77,Terea;
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DILLARD AVENUE
51�O 5"LOU
From: Ramey Avenue
4 ! ? 3 1 2 5�, 7 1 To: Calumet Street
I Right-of-way: 50 feet
-7 / _j
"142
,-
Roadway:
30 feet
1l/ 9 8
- 1
Zoning
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8I Ns ( ) B-2 Family
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;3 1'L /81 i 151403/2 - -114 11312 H 47 l L-Commercial
P R E L I M I N A R Y E S T I M A T E
DILLARD AVENUE from RAIVEY AVENUE to 2001 NORTH OF CALUMET STREET
Length: 2,900 ft.
Width: 30 ft. Roadway, 50 ft. Right-of-way
Proposed Improvement: Combined Curb and Gutter and 1-1/2T1 Hot Mix Asphaltic
Concrete Surface on 7-1/211 Flexible Base. Alternate types of Pavement are
5f1 Reinforced Concrete Base with same surface or 611 Reinforced Concrete
Pavement.
ITEM QUAN. UNIT PRICE AMOUNT
1. Unclass. Street Excavation 3,500 C.Y. 1.00 3,500.00
2. Comb. 811 Curb and 21 Gutter 5,800 L.F. 2.10 12,150.00
3. Paving 8,500 S.Y. 3.00 25,500.00
4. Std. 511 Concrete Sidewalk 100 S.F. 0.50 50.00
5. Std. 611 Concrete Driveway 100 S.F. 0.60 60.00
6. Remove Existing Curb 100 L.F. 0.30 30.00
7. Remove Existing Gutter 200 S.F. 0.30 60.00
8. Remove Existing Sidewalk 100 S.F. 0.30 30.00
9. Remove Existing Driveway 100 S.F. 0.30 30.00
Estimated Construction Cost of Unit $41.,440.00
Less Property Owners' Assessment
5,340 Front Feet @ $5.50 29,370.00
Estimated Construction Cost to City
(Difference) $122070.00
Engineering and Contingencies 3,930.00
Total Estimated Cost to City $16 000.00
PUBLIC WORKS DEPARTMENT
C. M. THELIN, DIRECTOR
K.D.S. 9-24-58