HomeMy WebLinkAboutOrdinance 4663 ORDINANCE N0. yc�G.3 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
AN ORDINANCE DETERMINING THE NECESSITY FOR AND GRDERINIG AiJD
PROVIDING FOR THE IMPROVEMENT OF A PORTION OF CRAWFORD STREET
AND PORTIONS OF SUNDRY GTHER STREETS, AVENUES AND PUBLIC PLACES
IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO GLADE
INCORPORATED, FOR THE MAKING AND CONSTRUCTION OF SUCH IMPROVEMENTS
AND AUTHORIZING ITS EXECUTION; MAKING APPROPRIATIONS FOR THE
PURPOSE OF PAYING THE INDEBTEDNESS THEREBY INCURRED; MAKING
PROVISIONS FOR THE LEVYING OF ASSESSMENTS AGAINST ABUTTING
PROPERTIES AND THE OWNERS THEREOF FOR A PART OF THE COST OF
SUCH IMPROVEMENTS AND THE ISSUANCE OF ASSIGNABLE CERTIFICATES
IN EVIDENCE OF SUCH ASSESSRENTS; 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 SUBSEQUENT PROCEEDINGS RELATING TO SAID STREET
IMTROVEMENT ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST
CALLED SESSION OF THE FORTIETH LEGISLATURE 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 A14D
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;
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, NOW, THEREFOREs
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, avenues and public places in the City of Fort Worth, Texas,
to-wits
1. Crawford Street From North line of E. Cannon Ave. to South
line of E. Hattie Ave. known and designated
as Unit No. 1.
2. Crawford Street From North line of Oleander St. to South
line of E. Rosedale known and designated as
Unit No. 2.
3. Schmidt Street From North line of Ave. "M" to 200' North of
Ave. "L" known and designated as Unit No. 3.
4. Windowmere Street From East line of Bradley Street to East
line of Griggs Street known and designated
as Unit No. 4.
5. Lindsey Street From North line of Ave. "G!! to South line
of Lot 51 Block 1, R. W. Rhodes of East
Rosedale Hgts. Addition known and designated
as Unit No. 5
6. Ave. "M" From East line of Miller to West line of
Hughes known and designated as Unit No. 6.
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7. Avenue "L" From East line of Lloyd Ave. to West
line of Edgewood Terrace known and designated
as Unit No. 7.
8. Lloyd Avenue From South line of Ave. "H" to North line of
Ave. "G" known and designated as Unit No. 8.
III.
Each of the above described portions of streets, avenues and public places
in the City of Fort Worth, Texaq, shall be improved by raising, grading and filling same
and by constructing thereon the following, to-wit:
1. Crawford Street Unit No. 1, 1-El" hot-mix asphaltic concrete surface
on 7" cement stabilized gravel base on 30'
roadway.
2. Crawford Street Unit No. 2, 12 hot-mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
3. Schmidt Street Unit No. 3, 12" hot-mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
4. Windowmere Street Unit No. 4, 1-" hot-mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
5. Lindsey Street Unit No. 5, 1*" hot-mix asphaltic concrete
surface on 7" cement stabilized gravel basil
on 30' roadway.
6. Avenue "M" Unit No. 6, 1-? hot-mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
7. Avenue "L" Unit No. 7, 12 hot-mix asphaltic concrete
surface on 7" cement stabilized gravel base
on 30' roadway.
8. Lloyd Avenue Unit No. 8, 12" 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 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.
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 (9f10ths) 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:
-2-
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, 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 improve-
ments on the unit upon which the particular property abuts at the rate of six per cent (6%)
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 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 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 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 completed and accepted unit in not more than forty-eight equal regular monthly install-
ments 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 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 PROVIDED FURTHER, that such method of payments shall be
au#orized 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 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 Mayor of said City and the City Secretary shall attest
the same and impress the corporate seal of the City thereon, and which may have4attached
thereto coupons in evidence of the several installments, or in evidence of any of the install-
ments in which the assessment is payable, which 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 facia 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 in-
stallment promptly as the same matures, then, at the option of the City of Fort Worth, 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 advalorem 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 cettifi-
cate issued in evidence thereof, and the omission of improvements on any particular unit or
in front of the property exempt by law from the lien of special assessment for street improve-
ments shall not invalidate any assessment levied. The certificates referred to need not
contain recitals in exactly the words above provided for, but the substance thereof shall
suffice, and they may contain other and additional recitals pertinent thereto.
-3-
.ti
Lids hc.ving oeen advertised for as required by Article 1105b of the revised
civil statutes cf Texas, �.n: the '.yid of Glade Incorporated, ht.ving ')een foLnd to be the lowest
and best bid for the ;raking and construction of said improvements, t.)e contract therefore is
hereby awarded to Glade Incorporated, :.t and for the prices seated in the proposal of said
company and as reocrted and rec :ar.:ended by the i ublic .forks De, artment, i:hich said report and
recof,miend-tion is on file with the ;pity, the City :tanager and City Secretary are hereby directed
to cxecute the said contract is the ;,a.,,e of the City of Fort ;forth, Texas, and to Impress the
corporate seal of the City thereon, the said con tr>ct e.ibraci:ig, among other tiings, the
+prices for the work.
VII.
To provide for the paiment of the inde;;tedness incurred by the City of
Fort ,dorth, Texas, by said contract, there is hereby appropriateu .ut of available funds
and current revenues of the City, an aL,ount sufficient to pay said indebtedness so incurred.
':III.
The improvements provided for herein shall be wade and constructed, notice
given, hearing held and -:.ssessments levied and all proceedings take,: and had in accordance
with anti under the teri.',e of the powers and provisions of Chapter 106 of tine i-.cts of the First
Called Session of the =ortieth Legislature of the State of Texas, not., shown as ;',rticle 1105b
of Vernon's Texas Civil Statutes, which tar: has been adopted as an amendment to and made a
part of tine Charter of the City of Fort Worth, Texas, and under which la:; these proceedings
are taken and had.
IX.
Each unit abo +e described shall be and constitute ci separate and indepe:.dent
unit of improvement and the assessments herein orovided for shall be ;nc:ce for the improvements
in e.:ch unit according to the cost cf the im:)rcvements in that unit and according to the
benefits arising fro;i the i:rprove:aents in that unit.
X.
In making assessments, if tine name of the owner be unkno',�m, it shall be
sufficient to so state the fact, and if any property be owned by an estate or by any firm or
cornoraticn, it steal- be sufficient to so state, and it shall not be necessary to give the
correct name of the owner, but the real c:n6 true owners of the property ;:,enticned snail be
liable and the assessments against the prc�-)erty small be valid.
17ie llirector of Public +'crks of the City of Fort 4orth, Texas, be and he
is hereby, ordered and directed to file with the City Council, esti-ates of the cost of such
improve:.ients in each um_t, in accordance with the terms of tie powers ano Drovisicn of the
C;:arter of the City of tort aiorth, Texas.
;-II.
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 Legislatur; of the State of Texas .:ne: sham
as Chapter 21 of the .+cts of said Session of the Legislature, said :act having been passed in
the ya,-.r 1930, and nc.J being shown as i';rticle 12Z a of Vernon's Texas Civil Statutes.
::III.
The City Secretary is hereby directed to engross and enroll this ordinanclq
by copying the c:nticn cf same in the :.:inute Book of the City Council and by filing the
co;,;plete ordinance in the apPrc,_-.riate Crdinance i3ecords of the City.
XIV.
This ordinance shall take effect and be in full force and effect from an ,
after the date of its passage.
PASSED AID "d4RC`-ED THIS ' day of d� ' 196°2J
APP;:C'JT:D . SASS TC Fi_:2:.: ANL LE ,,LIT :
City Attorney
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CITY OF FORT WORTH, TEXA+ IT Y OF FORS' WORTH xv. Eno
THE SUBJECT MATTER OF THIS M.& C.C. TEXAS s+ ` C. 1"cr,
WAS PRESENTED TO THE CITY COUNCIL
JUN 2Q,��2
AND WAS �I C E O FPT H E IT4 MA N G E Communication to Mayor 4nd ev3
1KLUUAV
CITY SECRETARY
June 299 1962
City Secretary FT. WORTH, rtEX•
Honorable Mayor and Res Assessment Paving at Eight
Members of the City Council Locations on South Side,
City of Fort Worth Project 94-B4-28 - -
1961 CIP-A-105
Mrs. McKnight and Gentlemen:
Petitions have been received requesting the paving of the following
streets on an assessment basis:
Street Name Limits RoadwaaX Width
Crawford Street Cannon to Hattie 301
Crawford Street Oleander to Rosedale 30'
Schmidt Street Ave. M to 2001 N. of Ave L 30'
Windowmere Street Bradley to Griggs 301
Lindsey Street Avenue G to S. Line of Lot 30'
5, Block 3, R.W. Rhodes Sub
Avenue M Miller to Hughes 30'
Avenue L Lloyd to Edgewood Terrace 30'
Lloyd Avenue Ave• H to Ave. G 301
Bids were received May 229 1962, and the following is a tabulation of
the bids submitted for construction of this projects
Bidder Bid.(,iotalW
Glade, Incorporated $ 519328.46
R. W. Gibbins, Inc. 559247.70
Texas Bitulithic Company 559335.71
W. E. Brittain 559846.83
General Construction Company 589037.34
It is recommended that the following action be takens
1. Adopt an ordinance declaring the necessity for and ordering
the improvements; making provisions for the levying of assess-
ments; directing the Public Works Department to prepare esti-
mates of cost and amounts to be assessed{ awarding the contract
to Glade, Incorporated, on its low bid of $519328@461 and making
appropriations to cover the indebtedness thereby incurred for
improvement of the streets named above.
2. Adopt an ordinance approving the estimates of cost and amounts
proposed to be assessed; and setting July 160 19629 as the
date for the benefit hearing.
M 8 C PW-1103
Page two
June 25, 1962
3. Approve the following Bond Fund Transfers:
Amount From TS
$21,000.00 94-B4-941 Unspecified 94-B4-289 8 Locations
Assessment Paving on South Side
Projects
�9706.84 Assessment Paving Revolving Fund,
Revolving Fund Reserve for Assessment
Paving Project No.
94-B4-28
Respectfully submitte4s
L. 4
ngham
City Manager
LPCsmjm