HomeMy WebLinkAboutOrdinance 4378 OFFICIAL RECORD
f 9 CITYr SECRETARY
FT. WORTH, TEX.
ORDINANCE NO. /HO
AN ORDINANCE ACCEPTING THE STREET IMPROVEMENTS TO CERTAIN
STREETS AND AVENUES OR PORTIONS THEREOF HEREIN DESCRIBED
AND WITHIN THE LIMITS HEREIN DEFINED AS HAVING BEEN COM-
PLETED UNDER THE TERMS OF THE CONTRACT BETWEEN THE CITY
OF FORT WORTH AND R. W. GIBBINS, INC., DATED SEPTEMBER
11, 1959; APPROVING THE CERTIFICATE OF COMPLETION AND
THE FINAL STATEMENT OF THE CITY ENGINEER (PUBLIC WORKS
DIRECTOR) AS TO THE IMPROVEMENT UNITS IN WHICH SUCH IM-
PROVEMENTS HAVE BEEN COMPLETED; PROVIDING THAT ASSIGNABLE
CERTIFICATES OF SPECIAL ASSESSMENT SHALL BE ISSUED TO
FIRST OF TEXAS CORPORATION, ASSIGNEE OF CONTRACTOR; PRO-
VIDING THAT SUCH ASSESSMENT CERTIFICATES SHALL BE DATED
AS OF THE DATE OF THIS ORDINANCE; SETTING OUT CERTAIN
PROVISIONS TO BE CONTAINED IN SUCH CERTIFICATES OF
SPECIAL ASSESSMENT, THE TIME AND MANNER OF PAYMENT, THE
MANNER IN WHICH SUCH CERTIFICATES SHALL BE NUMBERED, THE
NAMES OF THE PROPERTY OWNERS, THE DESCRIPTION OF THEIR
PROPERTIES TO BE SHOWN THEREON, AND THE PRINCIPAL AMOUNT
OF SAID CERTIFICATES; MAKING PROVISIONS RELATING TO THE
PAYMENT OF CERTAIN MONIES IN CONNECTION WITH THE COMPLE-
TION OF THE IMPROVEMENTS IN THE UNITS WHICH ARE HEREBY
ACCEPTED; AMENDING AN ORDINANCE PASSED AND APPROVED BY
THE CITY COUNCIL OF THE CITY OF FORT WORTH ON NOVEMBER
20, 1959, LEVYING ASSESSMENTS FOR CERTAIN STREET IM-
PROVEMENTS CONSTRUCTED IN THE IMPROVEMENT UNITS HEREIN
DESCRIBED IN ORDER TO CORRECT CERTAIN ERRORS THEREIN
CONTAINED; RATIFYING SUCH ORDINANCE OF NOVEMBER 20, 1959,
AS AMENDED HEREIN AND AS HERETOFORE AMENDED BY ORDINANCES
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH ON JULY 15, 1960, AND AUGUST 26, 1960; PROVID-
ING THAT THE INVALIDITY OF ANY PART HEREOF SHALL NOT
INVALIDATE THE OTHER; MAKING OTHER FINDINGS AND ADOPTING
OTHER PROVISIONS PERTINENT TO THE SUBJECT; AND PROVIDING
THAT THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY.
WHEREAS, the City Council of the City of Fort Worth has
heretofore by the following numbered ordinances duly passed and
enacted determined and declared the necessity for and ordered the
improvement of the hereinafter described streets and avenues or
portions thereof of the City of Fort Worth, within the limits de-
fined by said ordinances, and has determined to assess a portion
of the cost of the improvements against the properties abutting
the streets and avenues or portions thereof to be improved and
against the real and true owners thereof; and
WHEREAS, notices of the enactment of said ordinances,
signed in the name of said City by its Mayor, identifying or de-
signating the streets and avenues or portions thereof to be so
improved as ordered by said ordinances and stating that a portion
of the cost of said improvements is to be specially assessed as a
lien against the property abutting on said streets or avenues or
portions thereof in the manner provided by Article 1105b, Vernon's
Revised Civil Statutes of Texas, were filed with the County Clerk
of Tarrant County, Texas, and recorded in the Deed of Trust
Records of said County as follows:
• b
ORDINANCE DATE DATE NOTICE
UNIT STREET OR AVENUE NUMBER ADOPTED FILED VOLUME PAGE
9 Forbes 4128 6-26-59 7-15-59 1471 220
24 Lulu 4143 6-26-59 7-15-59 1471 233
27 Hendricks 4146 6-26-59 7-15-59 1471 231
28 Avenue "G" 4147 6-26-59 7-15-59 1471 229
WHEREAS, the City Engineer (Public Works Director) pre-
pated plans and specifications for such proposed improvements, and
submitted same to the City Council; and
WHEREAS, said plans and specifications were approved and
adopted by ordinances duly enacted by the City Council of the City
of Fort Worth; and
WHEREAS, due notice to bidders for the construction of
such proposed improvements and for the furnishing of certain fiscal
agency services was given as required by law and by the Charter of
the City of Fort Worth; and
WHEREAS, sealed bids were received for the construction
of such improvements and for the furnishing of fiscal agency services
to the City and were duly opened at the time and place provided in
the notice therefor; and
WHEREAS, after careful consideration of all bids received,
the City Council found that the bid of R. W. GIBBINS, INC., when
taken into consideration with the proposal of FIRST OF TEXAS CORPORA-
TION to act as the City's Fiscal Agent, was the most advantageous bid
for the City to accept, and that R. W. GIBBINS, INC., and FIRST OF
TEXAS CORPORATION are both responsible parties, and that R. W.
GIBBINS, INC., was the lowest and best bidder on the cash basis and
that said bid is fair and reasonable, and that FIRST OF TEXAS CORPOR-
ATION was the lowest and best bidder on the proposed fiscal agency
contract and that its proposal is fair and reasonable; and
WHEREAS, by ordinance duly passed, adopted, approved and
enacted on the llth day of September, 1959, the City Council of the
City of Fort Worth authorized the City Manager of the City of Fort
Worth to enter into a contract with R. W. GIBBINS, INC., and author-
ized the City Secretary to affix the seal of the City thereto and
attest same, based upon said bidder's Bid No. 2 proposal (cash basis)
(Base Bid), and authorized the City Manager to enter into a contract
with FIRST OF TEXAS CORPORATION to act as Fiscal Agent for the City
in connection with the construction of the proposed improvements and
the levying of the proposed assessments, and authorized the City
Secretary to affix the City's corporate seal thereto and attest the
same; and appropriated from unappropriated monies on hand and to the
credit of the City a sufficient sum of money to satisfy the maximum
amounts which it was estimated would become due to R. W. GIBBINS,
INC., and to FIRST OF TEXAS CORPORATION; and
WHEREAS, such contracts with R. W. GIBBINS, INC., and
FIRST OF TEXAS CORPORATION were duly executed on behalf of the City
and on behalf of said R. W. GIBBINS, INC., and FIRST OF TEXAS COR-
PORATION; and
WHEREAS, said executed contracts were submitted to the
City Council of the City of Fort Worth for approval; and
WHEREAS, said R. W. GIBBINS, INC., submitted its 100%
Performance Bond in the sum of $N 6,704.05; and
WHEREAS, by ordinance duly passed, adopted, approved and
enacted on the 6th day of November, 1959, the actions of the City
Manager in executing the aforesaid contracts and the City Secretary
in attesting the same were approved and said contracts were rati-
fied and the 100% Performance Bond submitted by R. W. GIBBINS, INC.,
was accepted and approved; and
WHEREAS, the City Engineer (Public Works Director) pre-
pared a written statement, report and estimate of the cost of the
street improvements to be made in the units referred to herein,
which statement, report and estimate were approved and adopted by
ordinance duly passed and approved by the City Council of the City
of Fort Worth on November 6, 1959; and
WHEREAS, thereafter by ordinance duly passed and approved
by the City Council of said City on November 20, 1959, after due
notice and hearing as required by law, said City Council levied as-
sessments for such street improvements against the properties abut-
ting on certain streets and avenues or portions thereof of the City
of Fort Worth, within the limits therein defined, and against the
owners hereinafter named, and the true owners of said properties,
whether hereinafter correctly named or not; and
WHEREAS, such improvements to the hereinafter described
streets and avenues or portions thereof in the hereinafter listed
improvement units have been duly completed in accordance with the
terms of the contract between the CITY OF FORT WORTH and R. W.
GIBBINS, INC., dated September 11, 1959; and
WHEREAS, the City Engineer (Public Works Director) has
issued his certificate of completion as to such units of improve-
ment; and
WHEREAS, the City Engineer (Public Works Director) has
made final measurements and has prepared and furnished his final
statement of the value of all street improvements so completed in
the hereinafter listed improvement units, which has been approved
by the City Manager and the Director of Finance; and
WHEREAS, the Contractor has furnished satisfactory evidence
that all Dersons furnishing labor and/or materials have been paid in
full and all persons claiming damages to property and persons have
been settled with or their claims dismissed or the issue joined; and
WHEREAS, it now appears that the street improvements to
the streets and avenues or portions thereof to be improved in the fol-
lowing listed improvement units have been fully completed in accord-
ance with the terms of the aforementioned contract between the City
of Fort Worth and said Contractor, to-wit: Units 9, 24, 27 and 28;
and
WHEREAS, it further appears that said Contractor has exe-
cuted an assignment of all of its rights, title and interest in the
obligations created by the assessment proceedings and in the assess-
ments levied against the properties abutting the streets and avenues
situated within the above described units of improvement, and against
the owners of such properties to FIRST OF TEXAS CORPORATION, and has
authorized the City of Fort Worth to issue assignable certificates of
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special assessment evidencing the assessments levied against such
properties and the owners thereof; and
WHEREAS, it appears that due to mistakes in said ordinance
of November 20, 1959, in certain instances an incorrect amount was
assessed, and in certain other instances it has been discovered that
the correct owner of a piece of abutting property was not named in
the assessment ordinance and that in certain other instances, errors
were made in the descrintinn of the property being assessed, and that
in certain instances insufficient credits were allowed, all as here-
in after set out, NOW THEREFORE,
BE IT ORDAINED BY 12HE CITY COUNCIL OF THE CITY OF FORT WORTH:
Section 1
The certificate of completion issued by the City Engineer
(Public Works Director) covering the following listed improvement
units is hereby adopted, and the street improvements on the streets
and avenues or portions thereof situated in such improvement units
are hereby accepted by the City Council of the City of Fort Worth,
Texas, and by the City of Fort Worth, Texas, as completed under the
terms, provisions and stipulations contained in the contractual doc-
uments entered into between the City of Fort Worth and the Contractor
dated September 11, 1959, and all decisions of the City Engineer
(Public Works Director) in charge of the construction of the im-
provements in said improvement units are hereby ratified, and all
changes in the plans and methods of making such improvements which
have been approved by the City Engineer (Public Works Director) are
also ratified, it being hereby determined that no changes have been
made since the date of the giving of the statutory notice of the
property owners' hearing which substantially affect the nature or
the quality of the improvements; said improvement units above re-
ferred to being as follows:
UNIT STREET OR AVENUE FROM TO
9 Forbes Easterly line of Westerly line of
Sydney Street Trentman Street
24 Lulu Southerly line of Southerly line of
Maydell Avenue Eva Street
27 Hendricks Northerly line of Southerly line of
Avenue "G" East Rosedale
28 Avenue "G" Easterly line of Westerly line of
Mitchell Boulevard Hawkins Street
Section 2
Because of the fact that the names of the owners have been
determined to be incorrectly recited as to some of the properties
and because in other instances the properties assessed were incor-
rectly described in Section 3 of the aforementioned ordinance of the
City of Fort Worth, passed and adopted by the City Council on the
20th day of November, 1959, and because in certain instances the
assessments as originally made should be reduced to reflect credits
for existing curb and gutter or other credits properly applicable
under the prior proceedings of the City Council, said Section 3 is
1
hereby amended so as to correctly reflect the true and correct names
of the owners of the hereinafter described properties, as shown be-
low, and so as to correctly describe, as shown below, the herein-
after described properties and the owners thereof, and so as to re-
flect such credits, and such ordinance shall hereafter read as
follows in those cases in which corrections are made as to the prop-
erties and/or the owners thereof and/or the amounts of the assess-
ments listed under the improvement units below instead of as such
owners' names appear and such properties are described and such
amounts are shown in said Section 3 of the aforementioned ordinance
of November 20, 1959:
UNIT PROPERTY OWNER ADDITION BLOCK LOT FRONTAGE ASSESSMENT
9 Mary H. Frady and Englewood
Luther Frady Hts 3rd 37 W50'of4 50' 155.00
9 Warren E. Suttle Englewood
Hts 3rd 38 E52.5'of
W105'of6 52.5' 162.75
24 Lydia E. Souder Dixie Wagon
Mfg. Co's 10 1 50' 275.00
24 Lydia E. Souder Dixie Wagon
Mfg. Co's 10 2 50' 275.00
24 Lydia E. Souder Dixie Wagon
Mfg. Co's 10 3 50' 275.00
24 Lester H. Mathis Dixie Wagon
Mfg. Co's 10 4 50' 275.00
24 Lester H. Mathis Dixie Wagon
Mfg. Co's 10 5 50' 275.00
24 Billy Mack Manning Dixie Wagon
Mfg. Co's 10 6 50' 275.00
24 Lee Roy Wall Dixie Wagon
Mfg. Co's 10 7 50' 275.00
24 Lee Roy Wall Dixie Wagon
Mfg. Co's 10 8 50' 275.00
24 Lennie M. Staton Dixie Wagon
Mfg. Co's 10 9 50' 275.00
24 Riverside Home Builders Dixie Wagon
Inc. Mfg. Co's 9 18 50' 275.00
24 Lupe Mercado Dixie Wagon
Mfg. Co's 9 17 50' 275.00
24 Floyd E. Peaton Dixie Wagon
Mfg. Co's 9 16 50' 275.00
24 Sam Borden Dixie Wagon
Mfg. Co's 9 14 50' 275.00
24 R. E. Green Dixie Wagon
Mfg. Co's 9 15 50' 275.00
UNIT PROPERTY OWNER ADDITION BLOCK LOT FRONTAGE ASSESSMENT
24 Robert A. Salgado Dixie Wagon
Mfg. Co's 9 13 50' 275.00
24 Manuel Gonzales Dixie Wagon
Mfg. Co's 9 12 50 275.00
24 Juan M. Gonzales Dixie Wagon
Mfg. Co's 9 11 50' 275.00
24 Victor Martinez Dixie Wagon
Mfg. Co's 9 10 50' 275.00
27 Jack L. Harlow Clay Withers 3 5 50' 190.32
27 Pauline Harlow Shaw ClayWithers 3 E'jof3 50' 218.00
27 Pauline Harlow Shaw ClayWithers 3 Ejof2 50' 218.00
27 Pauline Harlow Shaw ClayWithers 3 S10'ofl 10' 43.60
28 Estate of Robert H.
Davis, Deceased Clay Withers 3 9 125' 550.00
28 Shelby` A, Braswell Clay Withers 3 7 39' 105.17
28 Shelby A. Braswell Clay Withers 3 8 113 384 25
28 William P. Winaski Poly Heights 35 4 50' 232.00
28 Alma C. Teague and
V. L. Teague Poly Heights 35 5 50' 232.00
28 James C. Bledsoe Poly Heights 35 12 50' 256.00
28 J. C. Beasley John Davis Survey - TR 5A 362.1' 1,728.94
Section 3
Assignable certificates of special assessment as hereinafter
set forth shall be issued in the name of the City of Fort Worth, and
be made payable to FIRST OF TEXAS CORPORATION, the assignee of R. W.
GIBBINS, INC., which said certificates shall be delivered over to
FIRST OF TEXAS CORPORATION pursuant to and in accordance with the
provisions of Article 11B-5 of the Special Provisions of the contrac-
tual documents on the payment date hereafter fixed. The day of
1960, is hereby fixed as the payment date for the
improvement units above designated, at which time the procedure pre-
scribed by the provisions of Article 11B-5 of the Special Provisions
of the contractual documents shall be followed in substance.
Section 4
Each of the assessment certificates which is hereby author-
ized to be issued shall have five (5) coupons, which shall bear the
facsimile signatures of the Mayor and the City Secretary of the City
of Fort Worth, and in other respects shall be in a form consistent
with these proceedings. Any such facsimile signatures may .be either
lithographed or printed.
Section 5
Each certificate shall contain an adequate description of
the respective parcel of property assessed, together with the desig-
nation of the owner or apparent owner, if known, and shall set forth
and evidence the personal liability of the real and true owner or
owners of such property, whether correctly named therein or not,
and each such certificate shall set forth and evidence the lien on
the respective property described therein, and shall evidence the
fact that said lien is a first and paramount lien thereon, superior
to all other liens and claims except for valid State, County, School
District and City ad valorem taxes.
Section 6
Each certificate issued under the authority of this ordi-
nance shall be dated as of the date of this ordinance and shall re-
cite in substance that the improvements abutting the property therein
described and in the unit in which said street or avenue or portion
thereof abutted by such property lies, have been completed in full
compliance with the contract entered into between the Contractor and
the City of Fort Worth, and that said improvements have been accepted
by the City of Fort Worth on the date of said certificate. Each
certificate shall provide for acceleration of maturity at the option
of any holder thereof upon default in payment of any installment of
principal or interest and shall provide the terms of payment and the
interest rate as below set out; shall provide for reasonable at-
torneys' fees and costs of collection, if incurred, and shall con-
tain such other terms and provisions as are customarily contained in
special assessment certificates issued under the provisions of the
Acts of the First Called Session of the 40th Legislature of the State
of Texas, page 489, Chapter 106, as amended, known and referred to as
Article 1105b, Vernon's Revised Civil Statutes of Texas. No error or
mistake in describing any property or in giving the name of any owner
or owners shall in anywise invalidate or impair the assessments or
any of them or any certificate issued in evidence thereof.
Section 7
Each of said certificates shall be payable in five (5)
equal (or as nearly equal as possible) installments as follows: The
first of said installments shall be due and payable on or before
twenty (20) days from the date the improvements have been accepted
this ordinance and the date of said certificates, and the four
( ) remaining installments shall be due and payable on or before
one (1), two (2), three (3) and four (4) years, respectively, from
the date of this ordinance and of said certificates, together with
interest on the unpaid balance at the rate of six (6%) per cent
per annum from the date of said certificates and this ordinance,
said interest being payable in installments at the same time the
principal installments become due, as above set out (or at the
time of payment of such installments in the event of prepayment).
Matured unpaid principal and matured unpaid interest shall bear
interest at the rate of eight (8%) per cent per annum from time of
maturity until paid.
t '
Section 8
Each certificate shall in substance provide among other
things:
"That all the proceedings with reference to making such
Improvements have been regularly had in compliance with
the law and that all prerequisites to the fixing of the
assessment lien against the above described property
and the personal liability of the owner or owners thereof
have been performed, and this certificate shall be prima
facie evidence of the matters herein recited, and no
further proof thereof shall be required.
"That the sums of money evidenced hereby shall be pay-
able to the owner or owners of this certificate at the
office of the City Assessor and Collector in Fort Worth,
Tarrant County, Texas; provided, however, that if the
place of payment has been varied by written agreement
between the Contractor or the legal holder of this cer-
tificate and the Owners of the above property, then the
provisions of such agreement shall control.
"That by the provisions of the proceedings of the City
Council of the City of Fort Worth and the law in force
under which said proceedings were had, upon default in
the payment of any installment of principal or interest
hereon when due and/or at maturity of this certificate,
however same may occur, the assessment lien against the
property herein described and the personal liability
and charge of the real and true owner or owners thereof
(whether correctly named herein or not) may be enforced
in accordance with the provisions of this certificate
in any court having jurisdiction, or at the option of
the legal holder hereof, by sale of said property in
the same manner as may be provided by law in force in
said City for the sale of property for collection of ad
valorem taxes. The City of Fort Worth does not guaran-
tee collection of the assessment evidenced hereby;
however, said City will exercise and exhaust all of its
lawful powers in enforcing collection of said assess-
ment.
"That said assessment was levied pursuant to ordinances
of the City of Fort Worth, Texas, as amended, determin-
ing the necessity for and ordering the improvement of
certain streets and avenues or portions thereof of said
City, and upon procedure had and pursued in conformity
with the laws of the State of Texas; notices of the
enactment of said ordinances being recorded in the Deed
of Trust Records of Tarrant County, Texas, in Volume
1471, pages 214 through 240 and Volume 1383, page 437;
and notice of the enactment of said amendatory ordi-
nances being of record in the Deed of Trust Records of
said County in Volume 1495, page 526."
Section 9
Said certificates shall be numbered as hereinafter set out,
and shall be in the respective principal amounts hereinafter set out:
s ' Save and except those certificates bearing Nos. 15-C-1 through 15-C-11 inclusive
shall reflect and additional credit or adjustment in the amount of $ 0.42 per front
foot by reason of certain changes in construction of the paving width InTnit 9
"Forbes Street.
Section 10
All the terms and provisions of the ordinance passed and
enacted by the City Council of the City of'Fo rt Worth on the 20th
day of November, 1959, with reference to street improvements, as
herein amended, and as heretofore amended by ordinances passed and
enacted by the City Council of said City on the 15th day of July,
1960, and the 26th day of August, 1960, are hereby rdtified and
confirmed.
Section 11
It appearing that R. W. GIBBINS, INC., has finished the
construction of all of the improvements covered by its contract ex-
cept the improvements included in those units or portions of units
heretofore abandoned .by ordinance No. 4332 passed on the 15th day
of July, 1960, and ordinance No. 4358 passed on the 26th day of
August, 1960, and has furnished satisfactory evidence that it has
paid in full all persons supplying it with labor and/or materials
in the construction of the improvements; and it appearing that no
payments have been made by the owners of abutting properties direct
to such Contractor, and it appearing that the Contractor has executed
due and proper assignments assigning to FIRST OF TEXAS CORPORATION
all assessments levied against the abutting property owners and
their properties on all completed improvements, and has also as-
signed to FIRST OF TEXAS CORPORATION all mechanics' lien contracts
and all of its rights therein; said contract between the City of
Fort Worth and R. W. GIBBINS, INC., is 40reby declared satisfied,
except insofar as Contractor's indemnity, guarantee and maintenance
agreements are concerned.
It further appearing that FIRST OF TEXAS CORPORATION has
completed in full the obligations imposed on it by its contract
dated September 11, 1959, except that it has not made the payments
required to be made to the Contractor, the contract between it and.
the City is hereby declared satisfied, except insofar as the Fiscal
Agent is required to pay certain funds to the Contractor, and when
evidence has been furnished that such funds have been so paid, the
Mayor is hereby authorized to execute, and the City Secretary is
hereby authorized to attest and deliver to FIRST OF TEXAS CORPORA-
TION a final release acknowledging performance in full of the ob-
ligations undertaken by it under its contract with the City.
Section 12
Should any section or sections or any part of any section
or sections of this ordinance or of said ordinance of November 20,
1959, levying special assessments for street improvements, be held
to be void and without force and effect for any reason whatsoever
by any court of competent ,jurisdiction, then neither the remaining
portion of this ordinance nor of said ordinance of November 20,
1959, shall be thereby affected, but such remaining sections shall
be and remain in full force and effect as though the void and un-
enforceable part thereof, if any, had not been incorporated in this
ordinance or in said ordinance of November 20, 1959.
Section 13
This ordinance shall take effect and be in full force and
effect from and after the date of its passage, and it is so ordained.
APPROVED AS_M FORM AND LEGAIJTY:
City Attorney
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