HomeMy WebLinkAboutOrdinance 4597 OFFICIAL RECORD
ORDI1FANCE NO. CITY SECRETARY
FT. WORTH, TEX.
AI CRDI1.A`1-_.CE: THE Al,,D Li-DEK':G i'dD
p;i(_VIDIt,'G FuR TEE I,',,.PRC,F:.i,E"i I (-F it PC`=u, (;F LIVIN'GSTCE i�V'El,,UE
XZ PORTICI S CF ST'PL)E'Y 0-111E., STHEL'TS, AVENUES PUBLIC PLACES
Ii,,', THE CITY OF FORT '.'JURTIH, TE; ; LETTI,,G C(, TRACT T(_ GENER,L
CCNSTRUCTION CL1,,1M Y FCR -IELE AKIiiG kl"D CLNSTRUML'1 uF SUCTI
Ai,'D iI1JTHCELIZI.,G ITS El"_=C"L T I(t'; APPRCPPIATIGI:S
Ft;It 11 PUA21-)(_SE C, I�A'.`IILG TL I,,,=3,T=- SS lt.r'U � :D;
7 jjK IU PP. VISICIS FLjj THE
LEVYI7.G CF ASSESSJE;ITS AGAL A..,��ST ITTI,;G
PROPERTIES Ai,D THE O'aN_Tl� S TEE,-1ZCF TCR A PAK OF THE CC!ST OF SUCI:
D -"1:2 IS3U_`,TCE CF ASSIQ AELE' CE,`,TIFICATL�S 1�,�
EVIDE71�JCF_ (.F SIM' ASSESS1:Li1TS; DIREC'll-G 71:, IPUBLIC XIRKS
CF TIE CITY'' R PREPAI_RE ESTIIa'ATES- DIIIECTIliC THE CITY SECRETA.�Y T(_
FILE A 'ILTICE CF ADCPTI(_N (-,F T! IS .RDE AkCE WIT.,! T-1,E CCU7'17Z "CLE-HRX
OF 1111RRA°!T CUU1,.TY, `EXAS;rDECLARI_G Ti-iAT THIS LIZDIT]�t7CE A]D ALL
SU33H' {UE_;17 1DK,C7__EDI �GS RELATI G TO STPJ-:_-T ;'lE
A11 Sllill_ 112 PURSLAIPT TG TH_i-' ACT CF l�-1E "IRST CALLED SESSI(J', CF
T111E KATIETE LEGISLAT Ur-RE (_F `HEH STATE uF TEXAS, CHAPTIE"i 106,
C�IJ,',07,,jLY K (_Vf,,' AS ARTICLE 1105b OF VEI_117,11<15 TEXAS CIVIL STATUTES;
A111) J!1E-CTI:,G T11E CITY SECREfi Y Tc ZE,GROSS AID E E1,11RULL TEIS
0
RDI!7,,',,'CE BY C(-PYIN'G THE r0,`iPTIC,'l OF S;VtZ Il! TEE i.I'NUTE BOCK ("P.
THE CITY CCUNCIL ;-1,'.'D BY FILI.�G' THE CGNIPLET-E LRDIII ,ECE I1, T11E
APPRGPIiIiVrE CRDD1Jq,CE RECORDS CF T1ilS CITY; Ai,,D PRC)VIDING IiN
EFFECTIVE DATE.
the Public Works Director for the City of Fort 'Worth, Texas has
prepared Plans and Specifications for t",_ie improvement of the hereinafter described, portions
of streets, avenues and public places in the City of Fort r1crth, Texas, and same having
been examined by the City Council of the Clty of Fort Worth, Tcxas, and round to be in all
matters and things proper, !'.,'O Fh2,'1ZFLRE:
BE IT ORDIM ED BY T11' CITY CCU CIL Cr T17111 CITY CF FC)kT k470iJH, TE2;AS, T1,ATz.
I.
The hereinafter described Plans and Specifications are hei,eby 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 Jorth, Texas,
to-,,,lit:
1. Livingston Avenue: From Cantey Street to ".1cPherson Street,
known and designated as Unit No. 1.
2. Shaw Street-: From Play Street to Bryan Avenue, known
and designated as Unit No. 2.
3. Sandage Avenue: From Lowden Street to Cantey Street,
knoim-i and designated as Unit 11o. 3.
4. Butler Street: From College Avenue to Lipscomb Avenue,
known and designated as 'Unit To. 4.
5. Eighth Avenue, From Rio- Street to Biddison Street,
known and designated as Unit lJo. 5.
6. Pruitt Street: From Tenth Avenue to lNest Lire of Lot
Block 4, Ed),Ilards Heirs Additio'n, known
and desigrated as Unit l'o. 6.
7. Bid6ison Street, From St. Louis Avenue to the S(,utli to
I y I vest Service Road of ',!-S Freeway knc,,,in
and designated as Unit No. 7.
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8, Karrison Avenue: From Jerome Street to Frisco H. R. ,
known and designated as Unit ;o. 8.
9. Cantey Street: From Sandage Avenue to kcCert Street,
known and desi ,na'ced as Unit ido. 9.
10. Terrell .venue: From Crawford Street to CalLoun Street,
known and designated as Unit �o. 10.
III.
Each wi 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:
1. Livingston Avenue: Unit do. 1, 1 ." 'rot Lim Asphaltic concrete
surface on '" cement stabilized ;ravel base
on 30' roadway.
2. Shaw Street: unit ''o. 2, 1=" hot min asphaltic concrete
surface on 7'' cement stabilized gravel base
on 40' roadway.
3. Sandage Avenue: unit no. 3, 1;" O t min asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' ro i_d fay.
4. Butler Street: Unit No. 4, 11" hot mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 26' roadway.
5. Eighth Avenue: Unit No. 5, 1;;" hot mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30 roadway.
6. Pruitt Street: Unit no. 6, 1 " hot mix asphaltic concrete
surface on 7" cement stabilized ;ravel base
on 26' roadway.
7. Biddison Street: unit No. 7, l"" hot mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 40' roadway.
E. Harrison Avenue: Unit No. 8, 1," hot ..six asphaltic concrete
surface cr 7" cement stabilized gravel base
on 26' roadway.
g. Gamey Street: Unit No. 9, l;_" hot ,six asphaltic concrete
surface on 7" cement stabilized. gravol MEe
on 30' roadway.
10. Terrell Avenue: Unit No. 10, 1j-" hot mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
The above, together with combined concrete curbs and gutters on proper grade and line where
same are not already so constructed, together witi; storm sewers and drains and other
necessary incidentals and appurtenances; all of said improvements to be constructed as and
,;,,here storm or, the Plans and Specificatiors, therefore.
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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 cr p0lic
place and the real and true owners thereof shall pay all of the cost of curbs a7Z ou0e2s
in front of their property and net ereeew_ng nine tenths (9/lfths) of the esti&ated cost
of the remainder of such improvements.
B. The City of For:, :forth shall pay all of he reminder of the cost of
said improvements after deducting the amounts herein specified to be paid by the abutting
properties and the real and true owne s thereof as set out in subsection A.
The amounts yable by the abutting properties and the real and ;;rue 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 c%mers thereof, any' shall be payable as follows, to-wait:
Xen 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 (3C) 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 he 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 per cent (6%) per annum, payable annually except as tc 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 paring 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 : orth or its assigns, the entire amount of
the assessment upon which such default is made shall be and become Lamediately 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 and hearing as provided by
law. Said assessments against the respective lots and parcels of property and owners there-
of 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 completed and accepted unit in
not more than furty-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 Oe
completion and acceptance by the Cite, of the particular unit, PROVIDED FURTIE2, that the
City Attorney is hereby empowered 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 r'��t,aILED Fi..._EE:{, that such method of payments 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 ccnveyin.g the said abutting property in trust to secure
the payment by said owner or cwners 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 tie Mayor of said City and the City Secretary shall
attest the same and impress the corporate seal of the City thereonp and which may have
attached thereto coupons in evidence of the several installments, cr in evidence of any
of the installments in nhich the assessment: is payable, which certificates small be issued
to the City of Fort ];orth, shall recite the terms and time of payment, the amcunt of the
assessment, the description of the property, and the name of the owners, as far as known,
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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 use prima facia evidence of the matters so recited, and anc 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 tort Orth, or its assigns, the entire amount of the
assessment shall be and b<�come immediately due and payable, together with reasonable
attorney's fees and costs cf collection, if incurred, all of wl ich, as well as the principal
and interest on the assessment, shall be a first and prior lien against the property,
superior Cc all other liens ano claims except State, County, School District, anc= City
ad valorem taxes. 0 error or mistake in naming any caner 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 omission of improvements on any particular unit or in front
of any property exe�qt by law from the lien of special assessment for street improvements
shall not invalidate any assessment levied. The certificates referred co need not contain
recitals in exactly to word above provided for, but the substance -thereof shall suffice,
and they may contain other and additional recitals pertinent thereto.
`JI.
Bids having been advertised for as required b;, nr`:icle 1105b of the revised
civil statutes of Texas, and the 'bid of General Construction Company, having been found
to be the lowest and best bid for the mincing and construction of said improvements, the
contract therefore is hereby awarded to General Construction Company, at and for the prices
stated in the Proposal of said company and as reported and recocaaended by the k ublic �Jcrks
Department, which said report am recommendation is on file ol th the City, the City manager
and City Secretary 5re hereby directed to execute the said contract in the name of the
City of Fcrt 7Jorth, Texas, and to impress the corporate seal of the City thereon, the said
contract embracing, n—cDq other things, the prices for the work.
`.'II.
To provide for the payment of the indebtedness incurred by the City of Fort
forth, Texas, said contract, there is hereby appropriated cvt cf available funds and
current revenues of the City, an amount sufficient to pay said indebtedness so incurred.
'IIII.
The improvements provided for herein shall be ;Wade anu constructed, notice
given, :nearing held and assessments levied and all proceediny taken and had in accordance
with and under the terms of the powers and provisions of Chapter 106 of the _cts of the
First Called Session of the Fortieth Legislature of the dtate of Ones, 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 E0orth, Texas, and under which law
these proceedings are taken and had.
In.
Each unit -hove described shall be ant constitute a separate and independent
unit of improvement and the assessments herein provided for shall be made for the improve—
ments 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.
In making assessments, if the name of the owner be unknovml shall be
sufficient to so state the fact, and if _:ny property be owned by an estate or by any firm
or corporatiun, 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 c_ the property mentienec
shall be liable ant the assessments against the property shall be valid.
M.
The Director of Public Or'.ks of the My of Fort lorth, 1e ,s, be ane he
is hereby, ordered anc directed to file with the Cite Council, estimates of the cost of
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such iEprc,va gents in each unit, in accordance wiQ the t.._ms of the goners anc prevision of
the Charter of the City of Fort .orth, Texas.
,:I I.
The City secretary is directed to prepare, sign and file :with the County
Clerk of Tarrant County, Texas, a notice in accordance with the provisicns rf tiro tact
passed at the Firth Called. Sesslr,n of thv Forty F of Legislature f tiin 6tate of r Texas
eads
and shown as Chapter 21 of the "cts of said Session of the Legislature, said Act having
been passed in the year 1930, and now being shown as l ticle 1 20a of Vernen's Texas
Civil Statutes.
UK.
The City Secretary is hereby directed to engross a& enroll this ordinance
by copying the caption of same in the Winute Look of the City Council and by filing the
complete ordinance in the appropriate Crdinance 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 AID Ai P iI VED THS, ��� JAY OF 196 Z
APPRUTE.D AS iL FO!i.: A:.D LFC.<`.LITY:
Ci y Attorney