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HomeMy WebLinkAboutOrdinance 4491 ORDINkZ, fvO. AN ORDINANCE DETEfOJIINING THE NECESSITY FAR AND ORDERING AND PROVIDING FAR THE IMPRCVE:.�ENT OF A PORTION OF 33RD. STREET ( LONG AVENUE EXTEifSION ) AND P�-i'TIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TE,(AS; LETTING CONTRACT TO TEXAS BITULITHIC COi.:P;;NY FOR THE -AKING AND CLNSTRUCTION OF SUCH IMIPROVE- Q�FICl ! �t ORS MENTS AND AUTHORIZING ITS EXECUTION; MAKING APPRCPRIATI(1NS f L FOR THE PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; CIT�l `-i-,RETARY 14AKING PROVISION FOR THE LEVYING OF ASSES&ZN TS AGAINST f +s ABUTTING PROPERTIES AND THE G NERS THEREGF FCR A PART OF �t � � ���� THE COST OF SUCH IMIPROVHI,:ENTS AND 7-HE ISSUANCE OF ASSIGNABLE CERTIFICATES IN EVIDENCE OF SUCH ASSESSNZNTS; DIRECTING THE PUBLIC WORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECTING THE CITY SECRETARY TO FILE A NOTICE OF ADOPTION OF THIS ORDINANCE 'uVITH THE COUNTY CLERK OF TARRANT COUNTY, TEXAS; DECLARING THAT THIS ORDINANCE AND ALL SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET I1t9PROVENiENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGISLATURE OF TI:E 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 BOOK OF THE CITY COUNCIL AND BY FILING THE COtiPLETE 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 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, ,NiOuJ THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CF FORT 'V&RTH, TEXAS, THAT: I. The hereinabove 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: On 33rd Street (Long Avenue Extension): From the westerly line of Ellis Avenue to the easterly line of North Calhoun Street, Fostepco Heights Addition. III. Each of the above described portions of streets, avenues and public places in the City of Fort 4Jorth, Texas, shall be improved by raising, grading and filling same and by constructing thereon a 7" reinforced concrete pavement, 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 appurtenances; all of said improvements to be constructed as and where shown on the Plans and Specifications therefor. -1- 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 (9J10ths) 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 deducting 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 as follows, to-wit: 71hen 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 twenty (20) days, 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 the 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 per cent (6; ) per annum, payable annually except as to inte.~est 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 installments at any time before maturity by paying principal 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 assessments 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 special assessment which shall be executed in the name of the City of Fort 'vdorth, PROVIDED, However, that acting through its duly authorized Director of Public Works, the City of Fort Y4orth retaining the right to authorize payment of the sums assessed against property abutting 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 FURTHER, that the Director of Public '4orks shall authorize monthly payments as set out above only in installments 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 a,id 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 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 name of the City by the i:iayor of said City and the City Secretary shall attest the same and impress the corporate 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 -2- certificates shall be issued to the City of Fort Worth, 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 facie evidence of the 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 same matures, then, at the option of the City of Fort fiorth, 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 describing any property or in any other matter or thing, shall invalidate any assessment or any certificate issued in evidence thereof, and the ommission of improvements on any particular unit or in front of any property exemp 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 word above provided for, but the substance thereof shall suffice, and they may contain other and additional recitals pertinent thereto. VI. Bids having been advertised for as required by Article 1105b of the revised civil statutes of Texas, and the bid of Texas Bitulithic Company having been found to be the lowest and best bid for the malting and construction of said improvements, the contract therefor is hereby awarded to Texas Bitulithic Company at and for the prices stated in the Proposal of said company and as reported and recommended by the Public +works Department, which said reps t and recommendation is on file with the City, the City ;:tanager and City Secretary are hereby directed to execute the said contract in the name of the City of Fort 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 the City of Fort Worth, 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 m::de and constructed, notice given, hearing held and assessments levied and all proceeding taken and had in accordance 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 llo5b 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 seperate 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 the unit and according to the benefits arising from the improvements in any other unit. —3— 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 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 provision, 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 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 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 f� DAY OF 196 APPROVED AS TO FORM AND LEGALITYi City Attorney -4- 9. CITY OF FORT WORTH TEXAS ]Mrs r orptits OFFIC2-09'_TBE CITY MANAOik Communication to Mayor and Council No. .402 July 14, 1961 Honorab 1 b Playor and MembertApf the City Council Res Long Avenue Extension (33rd St) City of Fort Worth Unit 2 (Ake-6I 53) Project 94-83-4 (CIP A-43 and 107) Mrs. McKnight and Gentleman: SJ ds hove been received for construction of 4nit 11 of the Long-33rd Street improvement Project, which is reconstruction of the North Main - 33rd Street intersection.- it is recommended that constructio6 of thi'9 project on an assessment basis be authorized by adoption of two ordinances as described G below, in-the order they are i i steds I . Ordinance declaring the neces ,ty for and ordering the improve- ments on an assessment basis; making provisions for-the ievying .of assessments; making AppropriatIms for the purpose of paying )the Indobt*dno ss incurred; -directing the Pubiis Works Director to propare estimates of cost; and awarding the consf' wtim 'Con- tract to Texas B i to i i th i-c Company on its low b i d -of $83,574.116 and .awthori zi ng execution of the contract. The following i spa tabulation of the bids received (a) Texas Bitulithic Company 583,574. 18 (b) Worth Const-r-uctlen Company 89,735. 18 1 (c) Glade Construction Company 103,406.95 2. Ordinance app"Ving and adopting the estimates of cost and amounts to be assessed, and setting July 28, 1961 as the date for the date for the benefit hearing. Respectfully submitted, CITY OF FORT WORTH, TEXAS THE SUBJECT MATTER OF THIS M.& C.C. L ^.Si��:E :271TIEDTO THE CI..1 CO SIT, City Manager AND APP1:0:ED ._ � �r 'OFFICIAL RECORD CITY SECRETARY City SecreTary FT. kYORTII, TEX.