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HomeMy WebLinkAboutOrdinance 2068 ORDINANCE NO. 2©6 d" AN ORDINANCE ASSESSING A PORTION OF THE COST OF IVROPEMENT ON BELKNAP AND WEATHERFORD STREETS FROU THEIR INTERSECTION WITH THE EAST LINE OF COMMCE :STREET TO THEIR INTERSECTION WITH THE WEST LINE OF HOUSTON STREET, AND ON HOUSTON AND COMiMCE STREETS FROM THEIR INTER- SECTION WITH THE SOUTH LINE OF WEATHERFORD STREET TO THEIR INTERSECTION WITH THE NORTH LINE OF BELKNAP STREET, IN THE CITY OF FORT WORTH, TEXAS, SAID STREETS BEING GENERALLY DESCRIBED AS THE "COURT HOUSE SQUARE," AGAINST THE ABUTTING PROPERTY AND THE OWNERS THEREOF, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That, SEAS, heretofore the City Council of said City directed the improvement of Belknap and Weatherford Streets from their intersection with the east line of Commerce Street to their intersection with the Rest line of Houston Street, and the improvement of Houston and Commerce Streets from their intersection with the south line of Weatherford Street to their intersection with the north line of Belknap Street, in the City of Fort Worth, Texas, said streets being generally described as the "Court House Square," by removing existing wearing surface, fill material in existing street car track trenches, and certain portions of existing curbs, gutters and sidewalks, and by resurfacing existing pavement base; and, AREAS, in accordance with said resolution, specifications for said work were duly prepared by the City Engineer and adopted by the City Council; and, WHEREAS, bids for said improvements were duly advertised for, as required by the City Charter; and, WHEREAS, said bids were received, opened and considered by the City Council, and the low bid of Texas Bitulithic Company for the improvement of the said portions of said streets was accepted by said City Council; and, WHEREAS, the said Teams Bitulithic Company has entered into a con— tract with the City of Fort Worth, as provided by the Charter, for the im+ provemert of said streets within the said limits by removing existing wear- ing surface, fill material in existing street car track trenches, and cer- tain portions of existing curbs, gutters and sidewalks, and by paving the same with brick pavement on existing concrete base; and, WHEREAS, the said contractor has executed bonds to the City of Fort North for the construction and maintenance thereof, in accordance with the said contract and specifications, with surety as required by the said City Charter, which contract and bonds with the surety thereof have been duly approved by the said City Council; and, SEAS, thereafter, the City Engineer of said City filed his writ- ten statement with the City Council concerning the said improvements and the cost thereof, as provided by the Charter of the City, which statement was considered by the City Council, corrected and approved; and, MERMS, thereafter the said City Council did, by resolution, find and declare the necessity of assessing a portion of the cost of said im- provements against the owners of the property abutting thereon, and did prescribe a hearing of the said owners, their attorneys and agents, and fixed a date therefor, and did direct the Secretary of said City to issue notice of said hearing by advertisement as provided by said City Charter, and also by posting said notices as provided therein; and, WHEREAS, in accordance with said resolution, the City Secretary did issue a notice of said hearing to said owners and all interested par- ties by publication thereof for the time and in the manner prescribed by the City Charter, in The Fort Worth Press, a daily paper of general circu- lation in the City of Fort Worth, for five (5) consecutive days prior to the said hearing, and did also notify the said owners of said hearing by posting a copy of said notice to each of them, at the post office, in the City of Fort North, Texas, more than ten days prior to the date of the hear- ing; and, WMMAS, the said hearing, in accordance with said resolution and notice, was held by the City Council on the 26th day of June, 1940, at 10:00 otclock A. M., at which time and place no owners appeared to protest the said assessment and the benefits of said improvement connected with the improvement of said portion of said streets. NOW, THEREFORE, BE IT FURTHER ADJUDGED AND ORDAINED BY THE SAID CITY COUNCIL AS FOLLOWS, TO WIT: 1. That the special benefits to each parcel of abutting property hereinafter mentioned, in the enhanced value of said property by means of said improvements, exceed in each case the amounts hereinafter assessed against such property and the owners thereof, and the said City Council having considered the evidence, and it appearing therefrom that the appor— tionment and assessment hereinafter made will effect substantial equality and justice between property owners, having in view benefits received by and burdens imposed upon such owners, said apportionment is hereby adopted• 2* That there is, and shall be, assessed against the several parcels of property hereinbelow, described, and against the owners thereof as their proper pro rats. part of the cost of the said improvements, the several sums of money set opposite the description of the respective parcels of property; the name of the said owners, as far as known, the descriptions of the par# eels of property, and the total amount in money hereby assessed against each parcel of property and the owner thereof being as follows,,to wit: PAVING ASSESSMENT FOR THE COURT HOUSE SQUARE IN THE CITY OF FORT WORTH, TEXAS Contract Awarded: June 12, 1940 Contractor: Texas Bitulithic Company Pavement: 2J" Vertical Fibre Paving Brick on Existing Concrete Base PRICE BID 1. For Removing Existing Wearing Surface, per sq* yd. $0.08 2. For Removing Existing Concrete Base, per sq* yd* 0*16 3* For Removing Existing Concrete and Stone Curb, per line ft. 0,05 4. For Removing Existing Concrete Gutter, per sqe ft. 0,05 5e For Removing Existing Concrete Sidewalk, per sq* ft. 0,02 6. For Concrete for Repairing Base at Track and Conduit Trenches, per cu. yd* 6.00 7. For New Concrete Base, per sq. yde 0e90 8* For Combined Curb & Gutter, incl• Excavation, per line ft. 0.66 9* For Special Comb. Curb & Gutter, incl. Excavation, per lin. fte 0.99 10. For Special Comb* Curb, Gutter & Step, Incl. Excavation, per line ft. 1.30 11. For 12" Concrete Gutter, Incl. Excavation, per sq. ft. 0.45 12. For Standard Concrete Sidewalk, incl. Excavation, per aq* ft* 0*15 13* For Concrete Excavation for Conduit Trench, per line ft. 0,03 14e For 1 Galy. Conduit in place, per lin. ft. 0.18 15* For 1 " Galv. Conduit in place, per line ft. 0.22 16. For Earth Trench Excavation, per cue yd* 0.25 17. For Rock Trench Excavation, per cue yd* 0.49 18. For 12" Concrete Sewer Pipe, per line ft. 0.60 19. For 15" Concrete Sewer Pipe, per lin. ft. 0.82 20. For 1:27 Concrete Backfill per cue yde 3*00 21* For Standard Concrete Manhole, each 70*00 22. For Standard 5 fte_Concrete Inlet, each 65,00 23. For Emulsified Asphaltic Cone, for Sewer Trench, per ton 9.00 24. For Sand-Asphalt Mastic Cushion in place, per ton 3*05 24A* For 21" Brick Wearing Surface, per sq. yd. 1.27 FOOT RATE PER TOTAL NAME LOT BLOCK ADDITION FNTG. FRT. FT. COST City of Fort Worth 1 except We 3" 2 City 49*75 $5e00 $2.48,75 He H. Wilkinson W*3" of 1, all of 2 and Ee* of 3 2 " 75*25 5*00 376*25 FOOT RATE PER TOTAL NAME LOT BLOCK ADDITION FNTG. FRT, FT, COST City of Fort Worth W.* of 3 & all of 4 2 City 75 $5.00 $375,00 City of Fort Worth Strip 30t wide between Blocks 2 & 3 " 30 5.00 150.00 City of Fort Worth 1 3 " 50 5.00 250.00 City of Fort Worth 2 3 " 75 5.00 375.00 Leonard Bros., a cor- poration 3 & E.401 of 4 3 " 90 5.00 450.00 W. R. Ross W.35t of 4 3 " 35 5.00 175►00 W. M. Woods 19 2 & 3 5 70 5.00 350.00 Mrs. Mary Waller Shepard 4, 5 & 6 5 " 62 5.00 310.00 Mrs. Della Thomas, Ind. Executrix of the Estate of Mrs. Carrie A. Childress 7, 8 & 9 5 " 68 5.00 340.00 Union Bank & Trust Co., a corporation Be* of 1 & S•40t of W * of 1 7 " 25 5.00 125,00 Myrtle Adele Spencer, a widow N.60t of W. } of Lot 1 7 " 25 5.00 125,00 G. R. White B. of 2 7 " 25 5.00 125,00 G. R. White W. of 2 7 " 25 5.00 125.00 A. Salaberg, a widow- er B. of 3 7 " 25 5.00 125.00 Goo. W. Wills W of 3 7 " 25 5.00 125.00 Nellie Be Brewer E•20t of 4 7 " 20 5.00 100.00 I. H. Burney W.301 of 4 7 " 30 5.00 150*00 Nellie E. Brewer 1-- -_a " 50 5.00 250.00 John Mnrrin Be* of 2 8 " 25 5.00 125.00 Walter Be Scott & W. P. McLean, each undivided interest W** of 2 & 'Set of 3 8 " 50 5.00 250.00 Alma Evans McLean & husband, W. P. McLean, Wf of 3 a " 25 5.00 125.00 The Fort Worth Na- tional. Bank, Trustee, U/f of R. A. Ellison & U/A executed by Annie A. Ellison 4 8 " 50 5.00 250.00 Nellie E. Brewer No* of 1 10 " 25 5.00 125►00 The Chardal" Co., a corporation S.j-of 1 10 " 25 5.00 125.00 Mary A. Harrold, a widow N• of 2 10 " 25 5.00 125.00 J. He Mills S• of 2 10 " 25 5.00 125.00 I. H. Burney 3 10 " 50 5.00 250.00 I. H. Burney 4 10 " 50 5.00 250.00 TOTAL COST TO PROPERTY OWNERS (1280 L. F.) $6,400.00 TOTAL COST TO TARRANT COUNTY (1360 L. F.) 6,800.00 TOTAL COST TO CITY OF FORT WORTH, EXCLUSIVE OF FRONTAGE COST 7 GRAND TOTAL $20,838.05 That the amount set opposite the description of property above is hereby assessed against the said property and declared to be a personal liability of the owner thereof, and secured by a lien upon the said prop- erty superior to all other liens, claims or titles, except lawful taxes; that the amount payable by each owner, and assessed against his or her prop- erty, above, shall be payable as follows, to wit: In five equal installments, one payable within 30 days after the date of completion of said work and its ac- ceptance by the City, and the remainder in four equal annual installments thereafter, provided that said owners shall have the right to discharge any installment before maturity by payment thereof with accrued interest. De- fault in the payment of any installment of principal or interest upon said assessments when due, as herein pro- vided, shall, at the option of the holder of said cer- tificate, mature the whole amount thereof, both principal and interest, which shall at once become collectible with- out notice. 3. That the said assessments shall bear interest from the date of the said completion and acceptance at the rate of six per cent per annum, pay- able annually, and if not paid when due, the said assessments and claims of personal liability shall be enforced, either by the sale of such property by the officer and in the manner, as far as applicable, as sales are au- thorized to be made for non-payment of city taxes, as prescribed by the City Charter and general laws, or by suit to enforce the said claim of personal liability or lien in any court having jurisdiction. 40 That the City shall issue to the said contractor for said improve- ment assignable certificate against said property and the owners thereof, which said certificates shall declare the said sums to be due and payable in installments as herein provided after completion and acceptance of said work; and shall be payable to the said contractor, and shall state the amount due from each property owner, and hereby assessed against his prop- erty, and the rate of interest thereon, herein fixed at six per cent (6%) per annum, payable annually, and each certificate shall recite and declare the fact that the same is secured by a lien against the property of such owner and personal liability of the owner, and shall describe such property by number and block, or such other description as may identify the same with reference to any other fact recited, and by the name of the owner, and if the owner is not known, or if the property is owned by an estate, it will be sufficient to so state the fact. Said certificates shall provide that if the amount therein declared or any installment of principal or interest thereof shall not be paid when due, the whole amount thereof shall be collectible with accrued interest and with court costs and reasonable attorneys fees, if same have been in— curred, and shall recite that proceedings with reference to such improvements have been made in compliance with the terms thereof and the Charter of the City of Fort Worth, and that all prerequisites to the fixing of the Liens and charge of personal liability evidenced by such certificates have been per— formed. Said certificates shall be executed by the Mayor and attested by the City Secretary with the corporate seal. Said certificates shall provide that the same shall be payable to the City Assessor and Collector of the City, who shall issue his receipt for payment thereon, which shall be evidence of such payment, on any demand for same by virtue of the said certificate, or any independent contract to pay the same, entered into by the owner of propm erty therein described, and shall provide that the City Assessor and Collector shall deposit all sums received by him on said certificates with the City Treasurer, and the said City Treasurer shall keep the same in a separate fund, which fund is hereby designated as the Court House Square Certificate Fund, No. 7-1424, and that whenever any payment may be made to the City Assessor and Collector upon such certificate, it shall be his duty, on presentation by the said contractor or the holder thereof, to endorse said payment thereon, and the contractor or holder of such certificate shall be entitled to receive from the City Treasurer the amount so paid upon presentation of the said certificate, credited with the amount paid thereon, and that said endorsement and credits shall be the Treasurerts warrant for making such payment to the said contractor, and that such a payment by the Treasurer shall also be receipted for by the said holder in writing to the said Treasurer, or by the surrender of said certificate, when the principal there- of, together with accrued interest and cost of collection, shall be paid in full• That said certificates may be issued with coupons thereto attached evidencing the several installments of principal and interest thereof, which coupons shall be executed and attested by the Wor and City Secretary as are said certificates under the terms hereof, but the signatures of said Mayor and City Secretary attached to said coupons may be facsimile signa— tures stamped, engraved or printed thereon. Upon payment of any installt- ment evidenced by a coupon, such coupon shall be credited by the City Assessor and Collector and surrendered to the City Treasurer as herein provided. Such certificates shall also recite that the City of Fort Worth shall not be liable for the payment thereof, or for any interest thereon, or for the cost of collecting or enforcing same, but that the said company or holder thereof shall have the right to collect such certificates as there- in provided by the terms of the Charter of the City of Fort Worth, and that the said City of Fort Worth shall, whenever demanded by the said company or holder of said certificates, fully exercise its charter power to enforce the lien securing the said certificate, and collect the same, but shall not be liable in any manner for failure to so collect or enforce the lien thereof. 5. That this ordinance shall take effect from and after its passage. APPROVED AS TO FORM: c City rney ORDINANCE T 1 itle"f/ fi. >L- a✓ l�F✓P AC# s —F _,, ._ Date y Q, filed day of _ City Secretary