Loading...
HomeMy WebLinkAboutOrdinance 4759 * i r ORDIVANC E TIG. `A`"'7'd^ AN ORDINANTCE DETaVaNING THE NECu33ITY FOR AND ORD MI NG AND PROVIDING FOR THE I11PaO ,.'LENT OF A PORTION OF BIYNRSII3 MRIVZ Ai,,TD PORTICN3 OF SU'dDR'�_' OTII 3TR�+,ET3, t�VFFrtLt,j3 A-VD PIi3LIC PLACES IN THE CITY OF FOIST AORTH TEXAS: LETTING CONTRACT TO WOMM CONSTRUCTION 60kik FOR THE '. .MAKING AND CONSTRUCTION OF SUCH D4FROVEI�ENTS AVD AUTHCBIZ- ING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE, PURPOSE OF PAYING THE INDEBTEDNE53 TH7,REBY INCURRED; ASAKING PROVI- SIONS FOR THE LEVYING OF AS0323StiTi21TS AGAINST ABUTTING Pi3OP;RTIE3 AND THE O,JN a3 THERMF FO:1 A PART OF TITL COST OF SUCH IMPROVEMNTS AVD THE ISSUANCE, OF A33IGNA3LE CLRTIFI- CATES IN EVID NCE OF SUCH A33_,,BS�'ANT; DIRECTING TIi?, PUBLIC ".ORK3 DIRECTOR OF THE CITY TO PREPARE ESTIMATES: 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 SUBSEQUENT PROCEEDING3 RELATING 10 SAID STREET INi?ROVF1ILNT ARE AND ")HALL BE PUR3UAN°i TO THE ACT OF THE FIRST CALLED 3E33ION OF THE FORTIETH LEGIS- LATURE, OF THE STATE OF TEXA3, CHAPTER 106, comony KNO.. N AS ARTICLE 11OW OF. VEi NONt3 TEXAS CIVIL STATUTES; AND DIRECTING THE. CITY SECRETARY TO 3NGR033 AND ENROLL THIS ORDINANCE B7 COPYING THE CAPTION OF `SAI-E 1N THE 1�11NTITi BOOK OF THE CITY COU?J(',IL AND BY FILING DIE COPIPLET. ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF TH13 CITY; AND PROVIDING AN EFFECTIVE DAT'. IHEREAS, 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 Cit=T of Fort -,J.orth, Texas, and same having been examined by the .City Council of the City of Fort ^,orth, Texas, and found to be in all matters and things proper, NO-1i THER�TORE: BE IT ORDAINED BY THE CITY COUNCIL OF- THE CIT_' OF FORT :JORTH, TEXAS, THAT: I. The hereinafter described Plans and Specifications are hereby approved and adopted. 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 North, Texas, to-wit: 1. Riverside Drive: from Ust First Street to Nies Street, known and designated as Unit No. j. 2. Riverside Drive: From Noble Street to lkst Belknap Street, known and designated as Unit No. 6. e e • Y Each of the above described portions of streets, avenues and public places in the City of Fort `.°north, Texas, shall be improved by raising, grading and filling same and by constructing thereon the following, to-unit: ?--inch reinforced concrete pavement. p The above, together with combined concrete curbs and ?utters 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 SpecificaU ons 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 pa.7 all of the cost of curbs and gutters in front of their property and not exceeding nine-tenths (9110ths) of the estimated cost of the remainder. of such impro,:ements. 9. The Cit.-.r of Fort Forth shall pav all of the remainder of the cost. Of said improvements after deducting the amounts herein specified to be paid by the abutt- inp properties and- the real and true owners thereof as set out in subsection A. The amounts pa-Table by the abuttint- 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 liabilit-r of the real and true owners thereof, and shall be parable as follows, to-wit: �Jhen the improvements are completed and accepted by the Citsr on a particular unit, the nuns assessed against propert-r abutting upon such completed and accepted unit shall be and become payable in fi ue (5) equal installments, due respectivel-KT on or before thirtT.= (30) da7r3, and one (1), two (2), three (3), and four (4) gears 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%) per cent per annum, pavable 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 pav an-r and all of such installment at any time before maturity by paving principal with i.nterast accrued to the date of payment, and further provided if default be made in the pa-.ment of an7r installment promptly as the same matures, then at the option of the its- of Fort 'Forth or its assigns, the entire amount of the assessment upon which such default is made shall be and become immediately due and pa=rable; but it is specifically provided that no assessment shall in any case be made against any propertv or any owner thereof in excess of the special benefits to property in the enhanced value thereof by means of said improvements in the unit upon which the parti- cular property abuts, as ascertained at the hearing provided 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 by law. Said assessments against the respective lots and parcels of property and owners thereof shall be evidenced by certificates of a special assessment which shall be executed in the name of the City of Fort ':'orth, PROVIDED, however, that acting through its duly authorized Director of Public 'Forks, the Cit-7 of :'ort "orth _retaining the right to authorize pa-.rment of the si.uns assessed against abutting propertsr upon such completed and accepted unit in not more than forty-eight equal regular monthl-.r installments of not less than $9..00 each, the first of such installments to become due and parable not more than 30 days after the completion and acceptance b-r the Cittir of the particular unit, PROVIDED FURTILZuR, that the qty Attorne-r is hereby empowered to authorize pa-rments of said sums in lesser installments andlor over a longer period of time in cases in which the Director of Public :'orks has previously determined that an extreme financial hardship upon the propert7r owner will, otherwise result: and PrOVID,�D FURT11M, that such method of pa-rments shall be authorized only in instances where the owner or owners of propert7r-abuttinP upon such completed and accepted unit shall have executed and delivered to the Citv of Fort 'Forth a lawful, valid and binding_ note and mechanic's and materi.alma.n's contract upon forms supplied by the City Frrantinr- a mechanicTs lien upon and convevine 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 evidenced by certificates of special assessment, which shall be executed in the name of the Citv b! the Mayor of said CittiT and the City Secretary shall attest the same and impress the corpo?ate 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 +orth, 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 an-,r 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 ;forth, or its assigns, the entire amount of the assessment shall be and become 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 property, superior to all other liens and claims except State, County, School District, and City ad valorem taxes. No 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 then may contain other and additional recitals perti- nent thereto. VI. Bids having been advertised for as required bN,7- Article 1105b of the revised Civil 3teLtutes of Texas, and the bid of worth Constraation ComgaJW having been found to be the lowest and best bid for the makinp, and construction QQf said improvements, the contract therefore is hereby awarded to worth Construction GomgeW at and for the prices stated in the Proposal of said company and as reported and recommen- ded by the Public "rlorks Department, which said report and recommendation is on file with the City, the Cit=t Manager, and City Secretary are hereb-,• directed to execute the said contract in the name of the City 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 City of Fort TJorth, Texas, by said contract, there is hereby appropriated out of available funds and current revenues of the Citv, 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 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, 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 Pablic 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 1 , DAY OF :� ryn. i ,195 _• APPROVED AS TO FORM AND LEGALITY: i City Attorney Xrs ars lbrous CITY OF FORT WORTH, TE;AS yOF FORT WORTH Air. THE SUBJECT RATTER OF THIS M.& C.C. TEXAS WAS P='FS-,NTFD TO THE CITY COUNCIL NOV 19 1%2 Y MANA ER Communication to Mayor and Council No. pw.1379 Md M004 QPd. fto 4WD 0"; 3081 " df" aw Y"rnt bavft+ November 19, 1962 City Secretary Honorable Mayor and Members of the City Council Re: Riverside Drive Improvements, City of Fort Worth Contract III, from East First Street to Belknap, CIP -A-31 Mrs. McKnight and Gentlemen: The L962 Capital Improvament Program provides for construction of Riverside Drive improvements from East First Street to two blocks north` of Belknap. The property north of Belknap Street from which additional right-of-way will be required for this project is heavily built-up, and some delay is being experienced in acquisition of the needed right-of-way. After the right-of-way has been obtained, there will be further delay while the land is cleared of the existing improvements. It is anticipated that construction cannot proceed on this section of the street until the summer of 1963. Therefore, the scope of Contract No. III has been reduced to terminate at Belknap Street to avoid delay of improvement of Riverside Drive sbuth to East First Street. When right-of-way is cleared north of Belknap, bids can be requester) on that portion of the project. The following bids were received on October 23, 1962, for Contract No. III revised, from East First Street to Belknap: Bidder Bid Quotation Working Days Worth Construction Co. $.73,193.55 85 Texas Bitulithic Co. 77,099.67 85 Condon-Cunningham, Inc. 107,055.60 85 Based on the low bid, approximately $18,200 will be assesged against the adjacent property, and the City's cost will be approximately $65,000, in- cluding construction and engineering costs, which is available in Project No. 94-B3-1, Riverside Drive Improvements. 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 Worth Construction Company on its low bid of $73,193.55, and making appropriations to cover the indebtedness thereby incurred for-: improvements of the streets named above. M&C PW- 1379 November 19, 1962 Page 2 2. That an ordinance be adopted approving the estimate of cost and amounts proposed to be assessed; and setting December 10, 1962, as the date for the Benefit Hearing. 3. That the following Bond Fund Transfer be approved: Amount From To For ' $18,000.00 Assessing Paving Revolving Fund Re- Property Owners Revolving Fund serve for Assessment Assessment Paving Project , 94-B3-1 Respectfully submitted, LPC:ih L.P. Coo inghaiml City Manager (t >yV % NOTICE THE STATE OV TEXAS / 7 COUNTY OF TARRANT 74638 Notice is hereby given that the governing body of the City of Fort Worth, Texas, has ordered and determined it to be necessary that the following portion of Riverside DATO in the City of Fort Worth, Tarrant County, Texas, be improved and that a portion of the cost of such improvement is to be specially assessed as a lien upon the property abutting thereon, said portion of street in the City of Fort Worth, Texas, being as follows: From Nast First Street to Nies Street known and designated as Unit No. 5• IN TESTIMONY WHEREOF, the City of Fort Worth has caused this instrument to be executed in its behalf and signed by its Mayor, this DAY OF , A.D. , 19/l. " CX FORT WORTH WO r fi A •,,� .• �• aY}r B FM o Sty Secre f Joy Su COUNTY U -BEFURE-REI the`undersigned authority, a Notary Public in wid forle State and County aforesaid, on this day personally appeared Mr. known to me to be the person whose name is subsgibed to the foregoing instrume_ntj_ and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day , A.D. , 19 A, > a�• CD «a X000 ✓ '~`I` Notary Public in and for �ti' ��F `-`11-np\% �' Tarrant County, Texas *,r A l } H3MOa ,y Q� �9� t ,axe 'STA'M OF UOUNTY 07:;TAB kiANT I, W. C. FRED" COWEN, Clerk County Court of Tarraut .L"eucty. T'exa� do hereby certify that the above and foregoM$ fwtruntent with its certificate of authentication was Mod tot reestnUm in my office- OCT IS 19� _ 19._,,, at�,s owwjv,,, & aced duly recorded odMrC+� 81 19 ,ai,�..3 MoAAAL in VelZZw Pass of record of�.w.w for said County WITNESS my band and vc4A of c i f -I t:e, at Y^,F t WordkdliR oa date fust above written. W G a,.)WEN irk County Court, T.arsant GMU% TAUS ft PmO4 NOTICE THE STATE OF TEXAS COUNTY OF TARRANT `7463'7 l 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 Biversida Drive s 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: Brom Moble Street to Bast Belknap Street, known and designated as Unit No, 6. IN TESTIMONY WHEREOF, 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,IJ. ,. CITY OF FORT WORTH Sty Secr� RF2"i�'j�l�� a •'� . ST COUN3 ',+rA� ` ._.—TEF6RE`kE the undel-sTgned aut ority, a Notary Public in d fo 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 day 1 P , A.D. , 19 �J . } Notary Public in and for '� Tarrant County, Texas Xj WIWIH ATE OF TEXAS COUNTY OF TARRANT I, W. G "RED" COWEN, Clerk County Court of Tarrant County. Texas. do hereby certify that the above and foregoing batxuatent with its certific caat se �of authentication was filed for, trlatmuft to my office._..am O ...�� L, 19 ,,, at f-;.9:L itvba LK j and duly recorded A■i �!1 LIA1, 19._.,, r y a�bA1,,,.,M, in Vol✓_-Page of record of Ut raid gounty.. VITNUX My hand and seal of office, at Fort Worth; the dag 404 dets last above written. W. C. "RED" COWEN Clerk GCouaty Court. Tarrant Oounty, Tom