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HomeMy WebLinkAboutOrdinance 5183 ORDINANCE NO.--P-1W ED ORD AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AING FOR THE IMPROVEMENT OF A PORTION OF__I=C.L STREETEX. AND PORTIONS OF SUN STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE PURPOSE OF PAYING THE INDEBT- EDNESS'THEREBY INCURRED; MAKING PROVISIONS FOR THE LEVYING OF ASSESS- MENTS AGAINST ABUTTING PROPERTIES AND THE OWNERS.THEREOF FOR A PART OF THE COST OF SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CER- TIFICATES IN EVIDENCE OF SUCH ASSESSMENTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES;DIRECTING THE 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 SUBSE- QUENT PROCEEDINGS RELATING TO SAID STREET IMPROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEG- ISLATURE OF THE STATE OF TEXAS, CHAPTER 106, COMMONLY KNOWN AS ARTICLE 1105b OF VERNON'S TEXAS CIVIL STATUTES; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOKS OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDI- NANCE 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 Speci- fications for the improvements of the hereinafter described portions of streets,avenues and public places in the City of Fort Worth, Texas, and same having been examined by the City Council of the City of Fort Worth, Texas, and found to be in all matters and things proper, NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 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, av- enues and public places in the City of Fort Worth, Texas, to-wit: YUCCA STR FSOM SOUTH SYLVANIA AVENUE TO EAST $E XUP STREET, KNOWN AND DFSIGIalM AS UNIT NUMBER TWO. r III Each of the above described portions of streets, avenues and public places in the City of Fort Worth, Texas,shall be improved by raising,grading,and filling same and by constructing thereon the following,to-wit: YUCCA STRUT UNIT NUaER TWO, A SH CEMENT STABILIZED GRAVEL BASE WITH 211 H.M.A.C. SURFACE WITH A 21 GUTTER AND 70 CURB ON A 4+ FOOT ROADWAY. 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 appurten- ances; 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 public place and the real and true owners thereof shall pay all of the cost of curbs and gutters in front of their property and not exceeding nine- tenths (9/10ths) 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 of said improvements after deduct- ing the amounts herein specified to be paid by the abutting properties and 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 and a personal liability of the real and true owners thereof, and shall be payable,to-wit: When the improvements are completed and accepted by the City on a particular unit,the sums assessed against property abutting upon such completed and accepted unit shall be and become payable in five (5) equal installments, due respectively on or before thirty (30) days, and one (1), two (2), three (3), and four (4) years from 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 the unit upon which the particular property abuts at the rate of six (617o) per cent 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 any and all of such installment at any time before maturity by paying princi- pal with interest accrued to the date of payment, and further provided if default be made in the payment of any installment promptly as the same matures, then at the option of the City of Fort Worth or its assigns,the entire amount of the assessment upon which such default is made shall be and become immediately due and payable; but it is specifically provided that no assessment shall in any case be made against any property 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 particular property 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 of hearing as pro- vided 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 Worth, PROVIDED, however, that acting through its duly authorized Director of Public Works, the City of Fort Worth retaining the right to authorize payment of the sums assessed against abutting property upon such com- pleted 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 FURTHER, that the City Attorney is hereby em- powered to authorize payments of said sums in lesser installments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payment shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful,valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abutting property in trust to secure the payment by said owner or owners according to the terms there- of of the sums assessed against such property. 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. Xl. 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. X1I. 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 —_DAY OF ___- 19 . APPROVED AS TO FORM AND LEGALITY: City Attorney NO`l"ICE 55690 Lt5�, . .� ' OFFICIAL RECORD THE STATE OF TEXAS � CITY SECRETARY COUNTY OF TARRANT FT. WORTH, TEL 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 YWC1 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: YUCCA STREET FROM ZWTH SYLVANIA AVENUE TO MOT BZLKX P STREET. IN TESTIMONY WHEREOF,the City of Fort Worth has caused this instrument to be s3 exe- cuted in its behalf and signed by its Mayor, thi —__:-' day of___.__�Js T A.D., CITY OF ORT WORT ATTEST By --- MAYOR 4 City Secrea -. . STATE OF TEXAS ((( COUNTY OF TARRANT 1 BEFORE ME, the undersigned authority, a Notary Public in and for the State and County aforesaid, on this day personally appeared y'`�a �• �ri�o^'9^/ 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 "��; ;` day of f1✓�✓sr , A.D., 19 6 v " ± g•i Igo 4 c `T Publi In }or V { k `�R�LE�. . City of Fort Worth, Texas .Mayor and Council Communication DATE REFERENCE SUBJECT: Widening and Paving of f PAGE NUMBER 6/l/64 C-306 Yucca Street - CIP A-25 I ior .2_ Following extensive review of the project and meetings with property owners in the area, the widening and re-paving of Yucca Street from_Aakhurst-Scenic Drive to East Belknap was approved by the City Council on December 1, . 1961 (M&C PZ1-14). The first unit of the project, from Oakhurst-Scenic Drive to Sylvania, was completed in 1963. The final unit, now under consideration, will complete the 44 foot wide paving from Sylvania to East Belknap. The project was included in the 1958 street improvement bond election. Bids for construction of the project have been received as follows: Bidder Amount Working Days Texas Bitulithic Company $ 119,281.00 75 Glade Construction Company 124,220.70 75 J. L. Bertram Construction, Inc. 124,268.20 75 W. E. Brittain Inc. 129,894.70 75 General Construction Company 129,996.30 75 Worth Construction Company 132,571.50 75 R. W. Gibbins Inc. 135,191.00 75 The amount of the 1pw bid plus engineering and miscellaneous expenses is $131,209.10. Apprd.ximately $9,266.34 will be assessed against the abutting property owners. The cost to the City will be approximately $121,942.76. The following recommendations are made: 1. That an ordinance be adopted: A) Declaring the necessity for and ordering the improvements ; b) Making provisions for the levying of assessments; c) Directing the Public Works Department to prepare estimates of cost and amounts proposed to be assessed; d) Awarding the contract to Texas Bitulithic Company on its low bid of $119,281.00 and making appropriations to cover the indebtedness thereby incurred. 2. That an ordinance be adopted: a) Approving the estimates of cost and amounts proposed to be assessed; b) Setting June 22, 1964, as the date for the Benefit Hearing. rOFFI:CIAL RECORD ECRETARYRTH, TER. DATE REFERENCE SUBJECT: Widening and Paving of PAGE NUMBER 6/l/64 C-306 Yucca Street - CTP A-25 3. That the following Bond Fund Transfers be approved: Amount From To Purpose $ 9,266.34 Revolving Fund Revolving Fund -Proparty Owners portion Project 042-24000-901 of construction cost. $17,000.00 Unspecified Yucca Street Widening To supplement allocation 094-24000-901 and Paving, Project established in the 1964 No. 094-22000-130 Capital Improvement Pro- gram Report for the City's portion of con- struction and engineer- ing costs. JLB:GA OFFICIAL RECORD CITY SECRETARY FT. WORTH, IM SUBMITTED BY: DISPOSITION COUNCIL: PROCESSED BY PPROVED HER (DESCRIBE) CITY SECRETARY • . �/ DATE CITY MANAGER