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HomeMy WebLinkAboutOrdinance 4724 ORDINANCE NO. ! 2 AN ORDINANCE DETERMINING THE NECESSITY FOR AND ORDERING AND PROVIDING FOR THE IMPROVEMENT OF A PORTION OF SUMMIT AVENUE AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS; LETTING CONTRACT TO WORTH CONSTRUCTION COMPANY FOR THE MAKING AND.CONSTRUCTION OF SUCH IMPROVEMENTS AND AUTHORIZING ITS EXECUTION; MAKING.APPRO- PRIATIONS 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 ASSESSMENTS; DIRECTING THE . PUBLIC.'W,ORKS DIRECTOR OF THE CITY TO PREPARE ESTIMATES; DIRECT- ING 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,IXP ,VEMENTS ARE AND SHALL BE PURSUANT TO THE ACT OF THE FIRST CALLED SESSION OF THE FORTIETH LEGIS- LATURE OF THE STATE.OF TEXAS CIVIL STATUES; 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 COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE. RECORDS OF THIS CITY; AND PROVIDINGAN 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 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 improvements of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, to-wit: 1. Summit Avenue From 7th Street to 10th Street, known and designated as Unit No. 1. 2. Summit Avenue From loth Street to Texas Street, known and designated as Unit No. 2. 3. Summit Avenue From Texas Street to 13th Street, known and designated as Unit No. 3, 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: 1. Summit Avenue Unit No. 1, 1j" hot-mix asphaltic concrete surface on 6j" reinforced concrete base on a 601 roadway. 2. Summit Avenue Unit No. 2, In hot-mix asphaltic concrete surface on 6i^ reinforced concrete base on a 54' roadway. 3. Summit Avenue Unit No. 3, 11„ hot-mix asphaltic concrete surface on 6j^ reinforced concrete base on a 54' roadway. -1- The above, together with Comb4 nad concrete curbs and gutters on proper grade and line where same are not already so constructed, together with storm- sewers and drains and other neces- sary incidentals and appurtenances; all of said improvar.,ent3 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-,:,,it: 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 gutter, 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 j'orth shall pay all of the remainder of the cost of said improvements after deducting the amounts herein specified to be paid by the abutting pro- perties 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—IA-it: 'A'hen the improvements are completed and accepted by the City on a par- ticular 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 ramaininr, 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 (6/Q 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 principal with interest accrued to the date of payment, and further provided if default be made in the pa77--nt of any installment promptly as the same natures, than 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 immadiately due and payable; but it is 3P--CifiCallY provided that no assessment shall in any case be made against any property or any o�,.rner 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 oi,mers thereof shall be evidenced by certificates of a special assessment .,rhich shall be executed in the name of the City of Fort 1.,orth, PROVID:&), however, that acting through its duly authorized Director of Public '.dorks, the City of Fort ;forth 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 installments of not less than 4'19.00 each, the first of such installments to become due and payable not more than 30 days aft^r the com- pletion and acceptance by the City of the particular unit, PROVID2D FU21V1]!ij 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 w�,ich the Director of Public :forks has previously determined that an extreme financial hardship upon the property owner All otherwise result; and RHOVIDED FURTHEH, that such method of payments shall be authorized only in instances where the o-,,mer or o-,mers of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort north a lawful, valid and binding -iota and ivechaniell and n-.terialm.,ants contract upon forr,'i3 supplied by the City granting a mechanicys 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 assessment-, against the respective lots and pa_rc,,ls of pi-op3rty and the owners thereof shall be evidenced by certificates of special assessment, vThich shall be executed in the =,ie of the City by the Hayor of said City and the City ty 3,acratc-,ry shall attest the same and impress the corporate seal of the City thereon, and which may have attached theret, coupons in evn_dance of the several installments, or in evidence of any of the installments in which the assessment is payable, which certificates shall be issued to the City of Fort ..'Orth, shall recite the terms and time of payment, the amount of the assessment, the description of the property, and the n,-=ie of the c,,,,­iersj as far as known, and shall contain such Other recital .as may be pertinent thereto, and shall further recite substantially that all proceedinrs z,jith with reference to the making of such improvements have been regularly had in compliance with lair, and that all prerequisites to the fixing of the assessment lien against the property des- cribed in said certificates and U e personal liability of the o.gners thereof, have been r� ular] had, done and performed, and such recitals shall be prima f cin evidence of the matters so re- cited, 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 North, or its assigns, the entire amount of the assessment shall be and become immediately due end payable, together a,ith reasonable attorneys 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 cony assessment or any certificate issued in evidence thereof, and the omission of improvements on any particular unit or in front of any property exempt by law from the lien of special assessment for street improvements shall not invalidate any zssessmant levied. The certificates referred to need not contain recitals in exactly the .cords above provided for, but the substance thereof shall suffice, and they may contain other and addi- tional 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 'corth Construction Company, having been found to be the lowest and best bid for the making and construction of said improvements, the con- tract therefor is hereby awarded to .-orth Construction Company, at and for the prices stated in the Proposal of said company and as reported and recommended by the Public '':forks Departwaant, which said report and recommendation is on file with the City, the City Manager, and City Secretary are hereby directed to execute the said contract in the name of the City of Fort V.'orth, Texas, and to impress the corporate seal of the City thereon, the said contract embnacin, among other things, the prices for the work. VII. To provid: 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 made and constructed, notice given, hearing held and assessments levied and all proceedings taken and had in accor- dance 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 1105b of Vernon's Texas Civil Statutes, which lava has been adopted as an amendment to and made a part of the Charter of the City of Fort north, Texas, and under which law these proceedings are taken and had. IX. Each unit above described shill be and constitute a separate and indepen- dent 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 i.mprovanents in that unit. n. In :eking assessments, if the; name of the owner be unknol�Tn, 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 owners, 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 :forks of the City of Fort ',,forth, Texas, be and h-e 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 'forth, Texas. -3- The City Secretary is directed to prepare, sign and file with the County Clarkof 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 complet, ordinance in the appropriate Ordinance Records of this City. :HIV. 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 APPROVED AS TO FO&II AND LECtUITY: City Attorney -4- k CITY OF FORT WORTH, TEXAc Y OF FORT WORTH THE SUBJECT MATTER OF THIS M.& C.C. WAS PRESENTED TO TIZ CITY COUNCI TEXAS SEP 2 4 1962 AND WAS g----APPROVED OFFICE OF THE CITY MANAG R Communication to Mayor and Council No.PW-1273 WaAad a wd r4wiLlmil -wdqgo :t I all dew ro r boWft bwAft. September 24, 1962 City Secretary Honorable Mayor and Members of the City Council Re: Summit Avenue Widening, 13th City of Fort Worth Street to West 7th Street CIP G-5 Mrs.. McKnight and Gentlemen: The 1962 Capital Improvement Program provides for the widening of Summit Avenue from 13th Street to West 7th Street, in connection with widening of Summit Avenue north of West 7th Street connecting with Belknap and Weatherford Streets. This latter improvement is a part of the Westside Connection project now under contract. From 13th Street south, Summit Avenue has already been widened. Bids stated below -include repair of a 180 foot section of Summit south of 13th Street which is now in bad condi- tion. On August 28, 1962, the following bids were received: Bidder Amount Bid Working Days Worth Construction Company $33,402.00 60 J. L. Bertram 33,437.53 60 Texas Bitulithic Company 37,341.35 60 Glade Construction Company 39,290.00 60 Based on the low bid, the property owners will be assessed $12,521.12 and the City's portion pf the construction cost will be $20,880.88. The following recommendations are made: 1) That an ordinance be adopted declaring the necessity for and ordering the improvements; making provisions for the levying of assessments; directing the Public Works Department to prepare estimates of cost and amounts to be assessed; awarding the contract to Worth Construc- tion Company on its low bid of $33,402.00; and making appropriations to cover the indebtedness thereby incurred for improvements of the streets named above. 2) That an ordinance be adopted approving the estimates of cost and M&C PW-127 3 September 24, 1962 Page Two amounts proposed to be assessed; and setting October 8, 1962, as the date for the benefit hearing. 3) Approve the following Bond Fund Transfer: Amount From To For $12,521.12 Revolving Fund Revolving Fund Property Owners Reserve for Portion of Con- Project 84-B2-1 struction Cost Respectfully submitted, 44-1 P. am City Manager. LPC:GA