HomeMy WebLinkAboutOrdinance 4674 ORDINANCE N-0.
OFFICIAL RECOI
AN ORDINANCE DETERii'INING THE NECESSITY FOR AND ORDERING AND CITY SCCREIfi.F
PROVIDING FOR THE I£PROV.w SENT OF A PORTION OF MITCHELL BLVD. FT. T E
AIM PORTIONS OF SUNDRY OTHER STREETS, AVE'4JES AND PUBLIC PLACE
IN THE CITY OF FORT WORTH, TEXAS; IETTLNG CONTRACT TO TEXAS
BITULITHIC COhPANY, FOR THE YAKING AND CONSTRUCTION OF SUCH
II,IPROVE£IENTS AND AUTHORIZING ITS EXECUTION: MAKING APPROPRIA-
TIONS FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY IN-
CURR.ED; TAKING PROVISIONS FOR 'SHE LEVYING OF ASSESSMENTS
AGAINST ABUTTING PROPERTIES AND THE OWNERS TLEREOF FOR A PART
OF TIE COST OF SUCH IhPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE OF SUCH ASSESSMENTS: DIRECTING THE
PUBLIC WORKS DIR3CTOR OF THE CITI: TO PREPARE ESTIVATES; DIRECTING
TIIE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE
WITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT
THIS ORDINANCE AND ALL SUBSETUENT PROCEEDINGS RELATING TO SAID
STREET IMPROVEMENT ARE AND SHALL BEAPURSUANT TO THE ACT OF THE
FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF THE STATE
OF TEXAS, CHAPTER 106, C0121011LY KNOWN AS ARTICLE 1105b OF
VERNON0 TEXAS CIVIL STATUTES; AND DIRECTING TIIE CIT' SECRE-
TARY TO ENGROSS AND ENROLL THIS ORDINANCE. BY COPYING TIIE CAP-
TION OF SAME It TIIE MINUTE BOOK OF THE CITY COUNCIL AND BY
FILING THE C011'LETE ORDINANCE IN THE APPROPRIATE ORDINANCE
RECORDS OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Public Works Director for the City of Fort Worth, Texas,
has prepared. Plans and Specifications for the improvement of the hereinafter described
portions of streets, avenues and public places in the City of Fort °north, Texas, and same
having been examined by the City Council of the City of Fort 'north, Texas, anal found to
be in all matters and things proper, NOW, THEREFORE:
BE IT ORDAINED BY THE3 CITY COUNCIL OF THE CITY OF T CRT WORTH, 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 Worth, Texas,
to-wit:
1. Mitchell Blvd. From Mecca Street to Noresby Street,
known and designated as Unit No. 3.
2. Wichita Street From Collin Street to Wilbarger Street,
known and designated as Unit No. 4.
3. Wilbarger Street From ;?ichita Street to Mitchell Blvd.,
known and designated as Unit to, 5,
Each of the above described portions of streets, avenues and public places
in the City of Dort 'north, Texas, shall by improved by raising, grading and filling same
and by constructing thereon the following, to-wit:
1. Mitchell Blvd. Unit 'Na. 'I, 2" ilot !,.ix Asphaltic Concrete,
Surface on 4" Lime Stabilized Subgrade on
10" Flexible Base on 64, roadway.
2. Wichita Street Unit No. 4, 2" Hot Mix Asphaltic Concrete
Surface on 4" Lime Stabilized Subgrade on
10" Flexible Base on 44' roadway.
3. Wilbarger Street Unit No. 5, 2" Hot Fix Asphaltic Concrete
Surface on 4" Lime Stabilized Subgrade on
10" Flexible Base on 60' roadway.
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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 !,n-I 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 pub-
lic place and the real and true owner,, thereof shall pa,,, all of the cost of curbs and
gutters in front of their property and not exceeding nine-tenths (9/10ths) of the esti-
mated cost of the remainder of such improvements.
B. The City of Fort ,TOrth shall pay all of the remainder of the cost
of said improvements after deducting the amounts herein specified to be paid by the
abutting properties an,', the real and true owners thereof 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 owners
thereof and shall constitute a first and prior lien upon such properties an-' a personal
liability of the real and true owners thereof, and shall be payable as follows, to-wit:
11hen the improvements are completed and accepted by the City on a parti-
cular unit, the sums assessed against property abutting upon such completed and accepted
unit shall 'De and become payable in five (5) equal installments, due respectively on or
before thirty (30) days, one (1), two (2), three (3), and four (4) years fro.- 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 particular parcels of property shall bear interest from the date of such completion
and acceptance of the improvements on thn unit upon which the particular property abuts
at the rate of six per cent (6%) per annum, payable 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 pay :-ny and all of such installment at
any time before maturity by paying principal with interest accrued to the rgate of pay-
ment, and further provided if default be made in the payment of any installment promptly
as the same matures, then at the opt`,on of the City of Fort 'i'orth or its assigns, the en-
tire amount of thr. assessment unon which such default is made shall be and become immed-
iately due and payable; but is specifically provided that no assessment shall in any case
be made a.-a-'nst any property or any owner thereof in excess of the special benefits to
property in the enhanced value thereof b,-,,- means of said im7)rovements in the unit upon
which the particular nroperty abuts, as ascertained at the hearing provided by the -law 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 shall be evidenced by certificates of a sr)(-c4al assessment
which shall be executed in the name of the City of Fort Worth, PROVIDED, however, that
acting through its duly authorized Director of tl.e Public Works, the City of Fort Jorth
retaining the right to authorize payment of the sums assessed against abutting property
upon such completed and accepted unit in not more than forty-eight equal regular monthly
installments of not less than $9.00 each, the first of such installments to become due
and payable not more than 30 days after the completion and acceptance by the City of the
particular unit, PROVIDED KHTRIT'j7�R, that tru City Attorney is hereby empowered to authorize
payments of said sums in lesser installments and/or over a longer period of time incases
in which the Director of Public :Yorks has previously determined that an extreme financial
hardship upon the property owner will othcrwise result; and PROVIDED FIM77R, that such
method of payments shall be authorized only in instances where the owner or owners of prop-
erty abutting upon such completed and accepted unit shall have executed and _je JL,,,e--rcd to
the City of Fort -.1-orth a lawful, valid and binding note 'Inri mechanic's and Yaterialliian's
contract upon forms supplied by the City granting i mechanic's lien upon and conveying
i lng
the said abutting property in trust to secure the paymbnt by said owner or owners according
to the terms thereof of the sums assessed against such property.
V.
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 -lame of the City b,- the Y.,ayor of said City and the City Secretary shall
attest the same and impress tht� corporate seal of the City thereon, and which may have
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Attached thereto coupons in evidence of the several installments, or in evidence of any
of the installments in wrrich tiie 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 r,er-
formed, and such recitals shall be prima facia evidence ofthe matters so recited, and no
further 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 the
sane matures, then, at the option of the City- of "Fort �.orth, 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 internist on the assessment, shall be a first and prior lien against
the property, superior to all oth;:r liens and claims except State, County, School Dis-
trict, and Cits7 ad valorem taxes. No error or mistake in naming any owner or, in describing
any property or in any other mutter or thing, shall invalidate any assessment or any cert-
ificate issued in evidence thereof, and the omission of improvements on any particular unit
or in front of the property exrmpt by law from the lien of special assessment for street
improvements shall not invalidate any assessment levied. The certificates referred to
need not contain recitals in exactly the words above provided for, bit the substance there-
of shall suffice, and t;ey may contain other and additional recitals pertinent thereto.
VI.
Bids having been advertised for as required by Article 1105b of the re-
vised civil statutes of Texas, and the bid of Texas Bitulithic Company, having been found
to be the lowest and best bid for the making and construction of said improvements, the
contract therefore is hereby awarded Texas 13itulithic Company, at and for the prices
stated in the Proposal of said company and as reported and recommended by the Public �Jorks
Department, irhich said report and recorm_endation is on file with they City, the City '_'Manager
and City Secretarj, are hereby directed to execute the said contract in the name of the
City of Font worth, 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 thf; City of
Port 'north, 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 liven, 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 iirst Called Cession ofthe 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 aorth, 'Texas, and. under
which law these proceedings are taken and had.
IX.
each unit aoove described shall be and constitute a separate and inde-
pendent unit of improvement andthe 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 ofthe owner be unknown, it shall be
sufficient to so state the fact, and if any property be owned b 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 liaule and the assessments against the property shall be valid.
�I.
The Director of Public i4'ork3 of the City of Fort Mdorth, Texas, be and lie
is hereby, ordered and directed to file with the Cit,,� Council, estimates ofthe cost of
such improvements in each unit, in accordance with the terms of thr;= powers and provision of
the Charter of the City of Fort 1,orth, Texas.
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XII.
The City Secretary .is directed to prepare, sign and file with the County
Clerk of Tarrant County, Tess, a notice in accordance with the provisions of the Act passed
at the Fifth Called 3e3siol} of the Forty—First Legislature of the State of Texas and shown
as Chapter 21 of the Picts of said session of the Legislature, said Act having been passed ih
the year 1930, and now being, 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 I'anute 3ook of the City Council and by filing the
complete ordinance in the appropriate Ordinance icccords ofthe City.
XIV.
This ordinance shall take effect and be in full force and effect from and
after the date of its passage.
Pa.»tD i,IRD AI'"tG1,T_3D Tills day of� , 196 .
AP!IjiWLD tea TO FOX-1 AND LYIs L ITY:
City Attorney
� lruiy�
56126 NOTIC�, ,,pp
THE STATE O TEXAS • "�5,
COUNTY OF TARRANT
Notice is hereby given that the goverrriiig body of the City of Fort
Worth, Texas, has ordered and determined it to be necessary that the following
portion of Mitchell Boulevard
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 V7orth,
Texas, being as follows: From Mecca Street to Moresby Street, known and
designated as Unit No. 3.
IN TESTIMONY WHEREOF, the City of- Fort Worth has caused this
instrument toybe executed in its behalf and signed by its Mayor, this 16th
DAY OF'" "ly , A.D., 192 .
CITY OF FOR WOR "
ATTEST: By
yor
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,XXWJA
known to--Tire- w—be-the Saar 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 16th day
of July , A.D., 19 62
P
Not y Public in a for
�` Tarrant County, Texas
5612 j a
`7 y/
NOTICE
THE STATE OF TEXAS
COUNTY OF TARRANT
Notice is hereby given that the governing body of the City of tort
Worth, Texas, has ordered and determined it to be necessary that the following
portion of Wilbarger -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 Wichita Street to Mitchell Blvd., 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 iath
DAY OF , A.D., 19_#L.
e.
CITY OF FOR WOR
ATTEST: By
C
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-persaa wh se- name i.s-_suhscsibtd 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 GF OFFICE, this the day
A.D., 19�j._•
JACK W. GREEN, Notary Pub
Tarrant County, Texas
No,tp4y Public in aAd for
Tarrant County, Texas
5F 12H � v
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 Wichita, 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 Collin Street to Milbarge)r Street, known
and designated as Uriit 'No. 4 �
IN TESTIMONY .WHEREOF, the Cit}- of Fort Worth has caused this
instrument tb be ,executed In Its behalf and signed by its Mayor, this iLelk
A.D., 19_j_.
CITY OF FORT WORTH
TE$T: By P,
!�s
City Secretary
STATE OF TEXAS
COUNTY OF TARRANT .
BEFORE ME, the undersigped authority, a Notary Public in and for the
State and County aforesaid, on this day personally appeared Mr. John j Justin, ZIM
known-to-me--to be tie-persori whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same as the -act anT-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
of ,till , A.D., 19_fi2�__.
JACK W. GREEN; Notary Public
Tarrant County, Texas
ary Public ids and fo
Tarrant County, Texas
CITY OF FORT WORTH are Twa °
CITY OF FORT WORTH, TEXAS TEXAS
THE SUBJECT MATTER Off' THIS M.& C.C.
WAS
��P.�ES(iENTE7 ,0 T E CITY COUNCIL FoxWMIqC41NI�,pAlflij�CIAL RECORD
J 111�--�"�� F F I C -#A N 4:6t" :-89:1 ft A G R Communication to Mayor and V
"Oft � � rr.�, FT. `�,�R a�I, T �.
�� Z89* .)&IW 16, 1962
City Secretary
Honorable Mayor and Res Mitchell Blvd. Improvements,
Members of the City Council Contract No. 2,
Ci'�y. of Fort Worth 1962 CIP-A-12
Mrs. McKnight and Gentlemen:
On August 18, 1961 (M&C PW 1-465), the contract was awarded for construct-
ion of improvements to Mitchell Boulevard from East Rosedale to Moresby
Street. Funds are provided in the 1962 Capital Improvitpent Program for
coTpletion of the ivements to Mitchell Boulevard from Moresby Street
to Mecca Street, including improvement of Wichita Street froa.'.ft tsh*L* .!.
north to Wilbarger, and Wilbarger from Wichita to Mitchell. Bids on this
portion of the project were received on March 279 19629 and are as follows;
Texas Bitulithic Company $1639913.83
General Construction Company 1699113.05
Glade Construction Company 170,000.00
W. E. Brittain 1749167.46
R. W. Gibbins, Inc. 1809213.41
Worth Construction Company 1819502.57
Of the low bld of $1639913.839 it is proposed that approximately $389342.55
will be assessed against the adjacent property under the City's assessment
policy, and the City will pay the balance of $1259571.28.
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 prepare estimates of cost and amounts to
be assessed; awarding the contract to Texas Bitulithic
Company on its low bid of $1639913.83; and making
appropriations to cover the indebtedness thereby incur:rgO -
for improvement of the street named a0ove.
M&C PW-1142
July 16, 1962
Page Two
2. An ordinance be adopted, approving the estimates of cost
and amounts proposed to be assessed; and setting July 30,
1962, as the date for the Benefit Hearing.
Respectfully submitted,
0
L f
ing am,
Citager
LPCseln